USA v. Bernard B. Kerik

Criminal Case New York Southern District Court, Case No. 7:07-cr-01027-SCR
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Summary

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Parties
United States of America United States of America, Plaintiff
Officially listed as "USA"

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Perry Anthony Carbone +1 914 993 1941 +1 914 993 1980 Perry.Carbone2@usdoj.gov
Space Elliott Bruce Jacobson +1 914 993 1940 +1 914 993 1980 elliott.jacobson@usdoj.gov
v.
No Logo Bernard B. Kerik, Defendant

Represented by Kramer Levin Naftalis & Frankel LLP

Name Phone Fax E-Mail
Space Barry H Berke +1 212 715 9100 bberke@kramerlevin.com
Space Eric Anders Tirschwell +1 212 715 9100 +1 212 715 8000 etirschwell@kramerlevin.com

Note: Criminal cases with multiple defendants may have several records with the same case number: one record for the master file (all defendants), as well as one record per defendant. It can often be difficult to tell which record is which. Other likely matches for this case include:

Attributes
Office White Plains
Filed 11/8/2007
County Westchester
Terminated
Reopened
Other Court Case None
Count 1
Citation Section 18 U.S.C. § 1341.F
Offense Level 4
Count 15-16
Citation Section 28 U.S.C. § 2461C.F
Offense Level 4
Count 2
Citation Section 18 U.S.C. § 1341
Offense Level 4
Count 3
Citation Section 18 U.S.C. § 1343.F
Offense Level 4
Count 4
Citation Section 26 U.S.C. § 7212A.F
Offense Level 4
Count 5-7
Citation Section 26 U.S.C. § 7206A.F
Offense Level 4
Count 8
Citation Section 18 U.S.C. § 1014.F
Offense Level 4
Count 9-14
Citation Section 18 U.S.C. § 1001.F
Offense Level 4
Def Custody Status Released
Flag ECF
Timeline
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Blank 67 Filed: 10/20/2009, Entered: None Court Filing
ORDER OF REMAND..... as to Bernard B. Kerik......and that the conditions of Supervised Release provisions are hereby revoked.. (Signed by Judge Stephen C. Robinson on 10/20/2009)(jma) (Entered: 10/20/2009)
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Legal Document (Payment Possibly Required) 66 Filed: 9/24/2009, Entered: None Court Filing
ENDORSED LETTER as to Bernard B. Kerik addressed to Stephen C. Robinson from Barry H. Berke dated 09/23/2009 re:.......for the removal of entries 61 through 63 from the docket.....ENDORSED, APPICATION GRANTED.. (Signed by Judge Stephen C. Robinson on 08/25/2009)(jma) (Entered: 09/25/2009)
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Legal Document (Payment Possibly Required) 65 Filed: 9/14/2009, Entered: None
Proposed Voir Dire Questions by Bernard B. Kerik. (Berke, Barry) (Entered: 09/14/2009)
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Legal Document (Payment Possibly Required) 64 Filed: 9/14/2009, Entered: None
Request To Charge by Bernard B. Kerik. (Berke, Barry) (Entered: 09/14/2009)
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Legal Document (Payment Possibly Required) 63 Filed: 9/14/2009, Entered: None
- FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM in Support by Bernard B. Kerik re 61 MOTION in Limine.. (Berke, Barry) Modified on 10/2/2009 (gco). (Entered: 09/14/2009)
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Legal Document (Payment Possibly Required) 62 Filed: 9/14/2009, Entered: None
DECLARATION of Eric Tirschwell in Support as to Bernard B. Kerik re: 61 MOTION in Limine.. (Attachments: # Exhibit A Part I, # Exhibit A Part II, # Exhibit B, # Exhibit C, # Exhibit D, # Exhibit E, # Exhibit F, # Exhibit G, # Exhibit H, # Exhibit I, # Exhibit J)(Berke, Barry) (Entered: 09/14/2009)
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Legal Document (Payment Possibly Required) 61 Filed: 9/14/2009, Entered: None
- FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine. Document filed by Bernard B. Kerik. (Berke, Barry) Modified on 10/2/2009 (gco). (Entered: 09/14/2009)
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Legal Document (Payment Possibly Required) 60 Filed: 9/14/2009, Entered: None
Proposed Voir Dire Questions by USA as to Bernard B. Kerik. (Jacobson, Elliott) (Entered: 09/14/2009)
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Legal Document (Payment Possibly Required) 59 Filed: 9/14/2009, Entered: None
Request To Charge by USA as to Bernard B. Kerik. (Jacobson, Elliott) (Entered: 09/14/2009)
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Sealed Legal Document 58 Filed: 7/21/2009, Entered: None
SEALED DOCUMENT placed in vault. (fk) (Entered: 07/22/2009)
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Sealed Legal Document 57 Filed: 5/29/2009, Entered: None
SEALED DOCUMENT placed in vault. (jma) (Entered: 05/29/2009)
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Legal Document (Payment Possibly Required) 56 Filed: 5/14/2009, Entered: None Court Filing
OPINION AND ORDER...Conclusion: For the reasons set forth in this Opinion and Order, the Court holds: 1. The defendant's motion to dismiss Counts One, Two, and Three for failure to state a claim for honest services fraud is denied. 2. The defendant's motion to dismiss Count One (Conspiracy) as barred by the statute of limitations is denied. 3. The defendant's motion to dismiss Count Two (Mail Fraud) as barred by the statute of limitations is denied. 4. The defendant's motion to dismiss Count Three (Wire Fraud) as barred by the statute of limitations is granted. 5. The defendant's motion to dismiss Count Twelve and question one from Count Fourteen is granted in part and denied in part. Specifically, questions one and three from Count Twelve are based on fundamentally ambiguous questions and are dismissed. Question two from Count Twelve and question one from Count Fourteen may serve as predicates for the false statement charges. 6. The defendant's motion for severance is granted. Count One, Count Two, paragraph 29(a) from Count Four, Count Five, Count Twelve, Count Fourteen, and Count Fifteen may be joined. Moreover, the defendant's motion to sever Counts Fourteen and Fifteen on venue grounds is granted. The Government's motion for reconsideration of severance of Count Ten is denied. 7. The defendant's remaining requests for additional discovery are denied. So Ordered. (Signed by Judge Stephen C. Robinson on 5/13/09) (fk) (Entered: 05/14/2009)
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Legal Document (Payment Possibly Required) 55 Filed: 5/13/2009, Entered: None Court Filing
ENDORSED LETTER as to Bernard B. Kerik addressed to Judge Stephen C. Robinson from Barry Berke dated 5/5/09 re:...Mr. Keric's bail conditions be modified to permit him to travel to Los Angeles, California between 5/15/09 and 5/22/09 for business meetings....ENDORSEMENT: Application Granted. (Signed by Judge Stephen C. Robinson on 5/13/09)(fk) (Entered: 05/13/2009)
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Legal Document (Payment Possibly Required) 54 Filed: 5/13/2009, Entered: None Court Filing
ENDORSED LETTER as to Bernard B. Kerik addressed to Judge Stephen c. Robinson from Diane Gujarati dated 5/1/09 re: Request for an extension of time until 5/20/09 to file reply. ENDORSEMENT: So Ordered.. (Signed by Judge Stephen C. Robinson on 5/13/09)(fk) (Entered: 05/13/2009)
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Legal Document (Payment Possibly Required) 53 Filed: 5/13/2009, Entered: None Court Filing
ENDORSED LETTER as to Bernard B. Kerik addressed to Judge Stephen C. Robinson from Diane Gujarati dated 4/6/09 re: Request for an extension of time until 5/4/09 to file reply. ENDORSEMENT: So Ordered. (Signed by Judge Stephen C. Robinson on 5/13/09)(fk) (Entered: 05/13/2009)
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Legal Document (Payment Possibly Required) 52 Filed: 4/27/2009, Entered: None Court Filing
TRANSCRIPT of Proceedings as to Bernard B. Kerik held on 12/29/2008 before Judge Stephen C. Robinson. Court Reporter: Mary M. Staten. (jma) (Entered: 04/27/2009)
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Legal Document (Payment Possibly Required) 51 Filed: 4/15/2009, Entered: None Court Filing
TRANSCRIPT of Proceedings as to Bernard B. Kerik held on 03/23/2009 before Judge Stephen C. Robinson. Court Reporter: Albi Gorn. (jma) (Entered: 04/24/2009)
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Legal Document (Payment Possibly Required) 50 Filed: 3/3/2009, Entered: None Court Filing
ENDORSED LETTER as to Bernard B. Kerik addressed to Dear Judge Robinson from Elliott Jacobson dated 02/27/2009 re:.......the parties......write to jointly consent to continue to exclude time from speedy trial calculations until the next scheduled conference........ENDORSED, The time from March 3, 2009 to March 23, 2009 is excluded from the Speedy Trial calculation in the interests of justice and for the reasons set forth above. (Signed by Judge Stephen C. Robinson on 03/03/2009)(jma) (Entered: 03/03/2009)
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Legal Document (Payment Possibly Required) 49 Filed: 2/27/2009, Entered: None Court Filing
TRANSCRIPT of Proceedings as to Bernard B. Kerik held on 2/3/09 before Judge Stephen C. Robinson. Court Reporter: Angela O'Donnell. (fk) (Entered: 02/27/2009)
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Legal Document (Payment Possibly Required) 48 Filed: 1/21/2009, Entered: None Court Filing
ENDORSED LETTER as to Bernard B. Kerik addressed to Judge Stephen C. Robinson from Barry Berke dated 1/16/09 re:...request the Court's approval to file a reply memorandum of law no longer than 40 pages. ENDORSEMENT: Application Granted. (Signed by Judge Stephen C. Robinson on 1/20/09)(fk) (Entered: 01/27/2009)
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Legal Document (Payment Possibly Required) 47 Filed: 1/23/2009, Entered: None
REPLY MEMORANDUM OF LAW in Support as to Bernard B. Kerik re: 36 MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D. (Berke, Barry) (Entered: 01/23/2009)
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Legal Document (Payment Possibly Required) 46 Filed: 1/23/2009, Entered: None
DECLARATION of Robin Wilcox in Support as to Bernard B. Kerik re: 36 MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D. (Attachments: # 1 Exhibit A-B)(Berke, Barry) (Entered: 01/23/2009)
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Legal Document (Payment Possibly Required) 44 Filed: 12/29/2008, Entered: None Court Filing
ORDER as to Bernard B. Kerik. It is hereby Ordered that the submission dated December 29, 2008, from the Court in the above mentioned case be placed under seal. So Ordered. (Signed by Judge Stephen C. Robinson on 12/29/08)(fk) (Entered: 12/31/2008)
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Legal Document (Payment Possibly Required) 43 Filed: 12/5/2008, Entered: None
MEMORANDUM in Opposition by USA as to Bernard B. Kerik re 36 MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K)(Jacobson, Elliott) (Entered: 12/05/2008)
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Legal Document (Payment Possibly Required) 42 Filed: 12/2/2008, Entered: None
(S1) SUPERSEDING INDICTMENT FILED as to Bernard B. Kerik (1) count(s) 1s, 2s, 3s, 4s, 5s-9s, 10s, 11s-14s, 15s. (fk) (Entered: 12/04/2008)
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Legal Document (Payment Possibly Required) 40 Filed: 9/22/2008, Entered: None Court Filing
ORDER as to Bernard B. Kerik. It is hereby ordered that the submission dated September 15, 2008, from the Government in the above mentioned case be placed under seal. So Ordered.. (Signed by Judge Stephen C. Robinson on 9/22/2008) The Clerk's Office Has Mailed Copies.(cg) (Entered: 09/23/2008)
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Legal Document (Payment Possibly Required) 39 Filed: 9/22/2008, Entered: None Court Filing
ENDORSED LETTER as to Bernard B. Kerik addressed to Judge Stephen C. Robinson from Barry H. Berke dated 9/15/2008 re: Request the Court's approval to file a single omnibus motion and a single memorandum of law no longer than 85 pages...ENDORSEMENT: The defendant MUST file a single omnibus motion with a memorandum of law no longer than 60 pages. So Ordered... (Signed by Judge Stephen C. Robinson on 9/19/2008) The Clerk's Office Has Mailed Copies.(cg) (Entered: 09/23/2008)
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Legal Document (Payment Possibly Required) 38 Filed: 9/23/2008, Entered: None
MEMORANDUM in Support by Bernard B. Kerik re 36 MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D. (Berke, Barry) (Entered: 09/23/2008)
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Legal Document (Payment Possibly Required) 37 Filed: 9/22/2008, Entered: None
DECLARATION of Robin Wilcox in Support as to Bernard B. Kerik re: 36 MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) D. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-F, # 3 Exhibit G, # 4 Exhibit H-I)(Berke, Barry) (Entered: 09/23/2008)
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Legal Document (Payment Possibly Required) 36 Filed: 9/22/2008, Entered: None
MOTION to Dismiss of Counts 1-3 and 5 as Time Barred, (2) Dismissal of Counts 1-3 For Failing to Allege the Crime of Honest Services Fraud and Unconstitutional Vagueness, (3) Dismissal of Certain False Statements Charges on Vagueness Grounds, (4) Dismissal for Multiplicity with Respect to Counts 9 and 11 and 10, 12, 13, (5) Severance for Violations of Fed. R. Crim. P. 8 and Pursuant to Rule 14, (6) Discovery, and (7) a Bill of Particulars. Document filed by Bernard B. Kerik. Return Date set for 1/29/2009 at 04:30 PM. (Berke, Barry) (Entered: 09/22/2008)
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Legal Document (Payment Possibly Required) 35 Filed: 9/22/2008, Entered: None
NOTICE OF ATTORNEY APPEARANCE Michael Scott Bosworth appearing for USA. (Bosworth, Michael) (Entered: 09/22/2008)
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Legal Document (Payment Possibly Required) 34 Filed: 8/19/2008, Entered: 8/20/2008 OrderCourt Filing
ORDER as to Bernard B. Kerik....The Times also requests that it have the opportunity to be heard prior to any future closing. Should this Court be presented with an application to close a non-grand jury related proceeding. The Times and other interested third parties shall have ample opportunity to be heard on the issue.. (Signed by Judge Stephen C. Robinson on 8/19/2008) The Clerk's Office Has Mailed Copie.(cg)
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Legal Document (Payment Possibly Required) 33 Filed: 8/18/2008, Entered: 8/19/2008 OrderCourt Filing
ORDER as to Bernard B. Kerik. On January 30, 2008, this Court received a letter from a news outlet requesting that "documents, transcripts and/or submissions" in connection with this case be unsealed. The letter specifically referred to a sealed conference held on December 8, 2007 to discuss a letter submitted by the Government, placed under seal and produced to the defense in redacted form. At that time a verbal request was made for unsealing the conference transcript. That request was denied. Rule 6 of the Federal Rules of Criminal Procedure protects the secrecy of grand jury proceedings. In this case, the requested materials all relate to matters occurring before a grand jury. Their unsealing and dissemination could compromise the integrity of the grand jury proceedings by affecting witnesses, interfering with fact-finding and or damaging the reputation of subjects who have not yet been and may never be formally charged. Accordingly, the requested materials are to remain under seal. IT IS SO ORDERED.. (Signed by Judge Stephen C. Robinson on 2/21/2008) The Clerk's Office Has Mailed Copies.(cg)
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Blank -- Filed: 7/9/2008, Entered: 7/14/2008 Pretrial Conference
Minute Entry for proceedings held before Judge Stephen C. Robinson:Pretrial Conference as to Bernard B. Kerik held on 7/9/2008. Defendant present with attorney Barry Berke and Melissa Prober, AUSA Elliott Jacobson and Perry Carbone, Court Reporter Sue Ghorayeb, Courtroom Deputy Brandon Skolnik. PTC Held: Defendant motions due 9/22/2008, response due 12/5/2008, reply due 1/9/09. Oral Argument set for 1/29/2009 at 4:30 p.m. Time is excluded to 1/219/2009/ Defendant bail continued. (cg)
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Blank -- Filed: 7/9/2008, Entered: 7/14/2008 Pretrial Conference
Minute Entry for proceedings held before Judge Stephen C. Robinson:Pretrial Conference as to Bernard B. Kerik held on 7/9/2008. Defendant present with attorney Barry Berke and Melissa Prober, AUSA Elliott Jacobson and Perry Carbone, Court Reporter Sue Ghorayeb, Courtroom Deputy Brandon Skolnik. Conference held: Court order that this conference and transcript be sealed. Defendant Bail continued. (cg)
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Legal Document (Payment Possibly Required) 31 Filed: 5/22/2008, Entered: 5/23/2008 Endorsed LetterCourt Filing
ENDORSED LETTER as to Bernard B. Kerik addressed to Judge Stephen C. Robinson from Barry Berke dated 5/21/2008 re: Request a one month adjournment of the status conference...the Government consents to our request to adjourn the conference to June 24, 2008 at 4:30 p.m. and to an exclusion of speedy trial time until that date....ENDORSEMENT: Application Granted... (Signed by Judge Stephen C. Robinson on 5/22/2008) The Clerk's Office Has Mailed Copies.(cg)
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Blank 29 Filed: 3/31/2008, Entered: 3/31/2008 TranscriptCourt Filing
TRANSCRIPT of Proceedings as to Bernard B. Kerik held on December 17, 2007 before Judge Stephen C. Robinson. Court Reporter: Christina M. Arends-Dieck. (br)
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Legal Document (Payment Possibly Required) 28 Filed: 3/20/2008, Entered: 3/21/2008 OrderCourt Filing
PROTECTIVE ORDER ON CONSENT as to Bernard B. Kerik... So Ordered. (Signed by Judge Stephen C. Robinson on 3/19/08)(fk)
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Blank -- Filed: 3/19/2008, Entered: 3/24/2008 Pretrial Conference
Minute Entry for proceedings held before Judge Stephen C. Robinson:Pretrial Conference as to Bernard B. Kerik held on 3/19/2008. Defendant present with attorney Barry Berke and Eric Tirschwell, AUSA Elliott Jacobson and Perry Carbone, Agent S.A. Thomas D'Amico, Paralegal Susan Giordano, Court Reporter Sue Ghorayeb, Courtroom Brandon Skolnik. PTC Held: Next PTC set for 5/22/2008 at 4:30pm. Time is excluded to 5/22/2008. Defendant Bail continued. (See Transcript). (cg)
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Legal Document (Payment Possibly Required) 27 Filed: 3/18/2008, Entered: 3/20/2008 OrderCourt Filing
NOTICE OF AND CONSENT TO SUBSTITUTION OF COUNSEL AND ORDER as to Bernard B. Kerik. PLEASE TAKE NOTICE that Barry H. Berke, Esq and Eric A. Tirschwell, Esq., of the law firm of Kramer Levin Naftalis & Frankel LLP, 1177 Avenue of the Americas, New NY 10036, will be substituted for Kenneth M. Breen, Esq., of the law firm of Paul, Hastings, Janofsky & Walker LLP, East 55th Street, NY 10022-3205, as counsel of record for Bernard B. Kerik in the above-captioned action. So ORDERED:. (Signed by Judge Stephen C. Robinson on 3/18/2008) The Clerk's Office Has Mailed Copies.(cg)
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Blank 26 Filed: 3/18/2008, Entered: 3/18/2008 TranscriptCourt Filing
TRANSCRIPT of Proceedings as to Bernard B. Kerik held on 2/27/2007 before Judge Stephen C. Robinson. (jp)
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Blank -- Filed: 3/18/2008, Entered: 3/20/2008 Add and Terminate Attorneys
Attorney update in case as to Bernard B. Kerik. Attorney Barry H Berke for Bernard B. Kerik, Eric Anders Tirschwell for Bernard B. Kerik added.. (cg)
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Legal Document (Payment Possibly Required) 24 Filed: 2/28/2008, Entered: 2/29/2008 OrderCourt Filing
ORDER as to Bernard B. Kerik...Based on this conference, it is the determination of this Court that the Government's letter in any and all formats and versions, is to remain under seal. IT IS SO ORDERED.. (Signed by Judge Stephen C. Robinson on 2/28/2008) The Clerk's Office Has Mailed Copies.(cg)
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Blank -- Filed: 2/27/2008, Entered: 2/29/2008 Pretrial Conference
Minute Entry for proceedings held before Judge Stephen C. Robinson:Pretrial Conference as to Bernard B. Kerik held on 2/27/2008. Defendant present with attorney Kenneth M. Breen, AUSA Elliott Jacobson, Agent S.A. Thomas D'Amico, Paralegal Susan Giordano, Court Reporter Albi Gorn, Courtroom Deputy Brandon Skolnik. PTC held: Court orders that Mr. Breen be removed as attorney of record from the courts doecket. Defendant will have new counsel present at the next PTC. Next PTC set for 3/21/2008 at 12pm. Time is excluded to 3/21/2008. Sefendant Bail continued. (See transcript). (cg)
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Blank -- Filed: 2/21/2008, Entered: 2/27/2008 Pretrial Conference
Minute Entry for proceedings held before Judge Stephen C. Robinson: Pretrial Conference as to Bernard B. Kerik held on 2/21/2008. Defendant present with attorney Kenneth M. Breen, AUSA Perry Carbone, Elliott Jacobson, Agent S.A. Thomas D'Amico, Paralegal Susan Giordano, Court Reporter Sue Ghorayeb. PTC held: Next PTC set for 3/21/2008 at 12pm. Time is excluded to 3/21/2008. Defendant bail continued. (See transcript). (cg)
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Legal Document (Payment Possibly Required) 22 Filed: 2/14/2008, Entered: 2/19/2008 Endorsed LetterCourt Filing
ENDORSED LETTER as to Bernard B. Kerik addressed to Judge Stephen C. Robinson from Kenneth M. Breen dated 2/13/2008 re: Request with consent of the Government, an adjournment of the status conference currently scheduled for tomorrow to february 21 at 12:00 p.m....Endorsment: Time from January 23 to February 22 is excluded from the Speedy Trial Calculations in order to allow the defendant time to hire new counsel. So Ordered.. (Signed by Judge Stephen C. Robinson on 2/13/2008) The Clerk's Office Has Mailed Copies.(cg)
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Legal Document (Payment Possibly Required) 21 Filed: 2/1/2008, Entered: 2/4/2008 OrderCourt Filing
ORDER as to Bernard B. Kerik...IT IS HEREBY ORDERED that the time between January 23 and February 22, 2008 is hereby excluded under the Speedy Trial Act, 18 USC 3161 (h)(8)(A), in the interests of justice.. (Signed by Judge Stephen C. Robinson on 1/31/2008) The Clerk's Office Has Mailed Copies.(cg)
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Legal Document (Payment Possibly Required) 19 Filed: 1/23/2008, Entered: 1/24/2008 OrderCourt Filing
MEMORANDUM DECISION AND ORDER as to Bernard B. Kerik....Mr. Breen is hereby disqualified as counsel to the Defendant, Mr. Kerik. Mr. Kerik has until 30 days from the date of this order to obtain conflict free counsel. IT IS SO ORDERED.. (Signed by Judge Stephen C. Robinson on 1/23/2008) The Clerk's Office Has Mailed Copies.(cg)
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Blank -- Filed: 1/23/2008, Entered: 1/24/2008 Add and Terminate Attorneys
Attorney update in case as to Bernard B. Kerik. Attorney Kenneth M. Breen terminated. (cg)
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Legal Document (Payment Possibly Required) 18 Filed: 1/18/2008, Entered: 1/23/2008 Endorsed LetterCourt Filing
ENDORSED LETTER as to Bernard B. Kerik addressed to Judge Stephen C. Robinson from Kenneth M. Green dated 1/15/2008 re: Request an adjournment of the Status conference currently scheduled for tomorrow until February 6 at 10:00 a.m...Endorsement: Time is excluded from January 17, 2008 to Fevruary 6, 2008 from the speedy trial calculation for the reason set forth above and in the interests of justice. So Ordered.. (Signed by Judge Stephen C. Robinson on 1/17/2008) The Clerk's Office Has Mailed Copies.(cg)
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Legal Document (Payment Possibly Required) 20 Filed: 1/16/2008, Entered: 1/25/2008 Endorsed LetterCourt Filing
ENDORSED LETTER as to Bernard B. Kerik addressed to Dear Judge Robinson from Kenneth M. Breen dated 01/15/2008 re:....request an adjournment of the status conference currently scheduled for tomorrow to February 6 at 10:00am....... (Signed by Judge Stephen C. Robinson on 01/15/2008)(jma)
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Blank -- Filed: 1/7/2008, Entered: 1/7/2008 Cashiers Remark
CASHIERS OFFICE REMARK as to Bernard B. Kerik on Oral Argument,, in the amount of $25.00, paid on 12/28/2007, Receipt Number 637005. (jd)
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Legal Document (Payment Possibly Required) 17 Filed: 12/28/2007, Entered: 1/10/2008 Motion to Appear Pro Hac Vice
MOTION for James D. Wareham to Appear Pro Hac Vice. Document filed by Bernard B. Kerik. Dated 12/17/07. (bw)
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Blank -- Filed: 12/17/2007, Entered: 12/21/2007 Oral Argument
Minute Entry for proceedings held before Judge Stephen C. Robinson:Oral Argument as to Bernard B. Kerik held on 12/17/2007. Deft pres with atty Kenneth Breen and Thomas Fallati. AUSA Carbone and Jacobson pres. Court grants deft's counsel Wareham, motion for Pro Hac Vice. Court orders first part of conference transcript sealed. Oral Argument then held on Gov. motion to recuse. Decision reserved. Time is already excluded to 1/16/08. Deft bail con't.(Court Reporter Christina Arends-Dieck) (fk)
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Legal Document (Payment Possibly Required) 14 Filed: 12/13/2007, Entered: 12/13/2007 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support by USA as to Bernard B. Kerik re: [8] MOTION to Disqualify Counsel.. (Carbone, Perry)
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Legal Document (Payment Possibly Required) 13 Filed: 12/10/2007, Entered: 12/11/2007 Endorsed LetterCourt Filing
ENDORSED LETTER as to Bernard B. Kerik addressed to Judge Stephen C. Robinson from Kenneth M. Breen dated 12/10/2007 re: Request Court's permission to file an oversize memorandum of lw in opposition to the gobernment's motion for disqualification of counsel...Endorsement: Plaintiff its 34 page brief. The Government may file an oversized reply brief. The government may exceed the size limits by 15 pages. So Ordered... (Signed by Judge Stephen C. Robinson on 12/10/2007) The Clerk's Office Has Mailed Copies.(cg)
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Legal Document (Payment Possibly Required) 12 Filed: 12/7/2007, Entered: 12/7/2007 Declaration in Opposition to Motion
DECLARATION of Kenneth M. Breen in Opposition as to Bernard B. Kerik re: [8] MOTION to Disqualify Counsel.. (Breen, Kenneth)
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Legal Document (Payment Possibly Required) 11 Filed: 12/7/2007, Entered: 12/7/2007 Memorandum in Opposition to Motion
MEMORANDUM in Opposition by Bernard B. Kerik re [8] MOTION to Disqualify Counsel.. (Breen, Kenneth)
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Blank -- Filed: 12/6/2007, Entered: 12/17/2007 Pretrial Conference
Minute Entry for proceedings held before Judge Stephen C. Robinson:Pretrial Conference as to Bernard B. Kerik held on 12/6/2007. Defendant present with attorney Kenneth and Thomas Fallati, AUSA Perry Carbone, Elliott Jacobson, Agents SA James J. O'Conner-FBI, Court Reporter Albi Gorn, Courtroom Deputy Brandon Skolnik. PTC Held: Court Orders that Defendant's motion for Gov. to produce addition discovery is denied. Defendant is granted one day extension to response to cursio motion by 12/7/2007, Gov. to reply by 12/12/2007. Oral Arg. set for 12/17/2007 at 4;00pm. Court ordered second part of conference at side abr transcript sealed. Time is already excluded to 1/16/2008. Defendant bail continued. (cg)
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Legal Document (Payment Possibly Required) 10 Filed: 12/5/2007, Entered: 12/5/2007 Motion for Discovery
MOTION for Discovery. Document filed by Bernard B. Kerik. (Breen, Kenneth)
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Legal Document (Payment Possibly Required) 9 Filed: 11/30/2007, Entered: 11/30/2007 Motion for Protective Order
MOTION for Protective Order. Document filed by USA as to Bernard B. Kerik. (Carbone, Perry)
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Legal Document (Payment Possibly Required) 8 Filed: 11/29/2007, Entered: 11/29/2007 Motion to Disqualify Counsel
MOTION to Disqualify Counsel. Document filed by USA as to Bernard B. Kerik. (Carbone, Perry)
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Legal Document (Payment Possibly Required) 7 Filed: 11/21/2007, Entered: 11/27/2007 Endorsed LetterCourt Filing
ENDORSED LETTER as to Bernard B. Kerik addressed to Magistrate Judge George A. Yanthis from Kenneth Breen dated 11/20/07 re: Request that the bond be modified to permit the filing of a mortgage in favor of the government in lieu of a confession of judgment, and that the deadline for the filing of such mortgage be extended to 11/27/07. Endorsement: Application Granted. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 11/21/07) Copies Faxed By Chambers.(fk)
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Legal Document (Payment Possibly Required) 6 Filed: 11/9/2007, Entered: 11/13/2007 Advice of Penalties and Sanctions
ADVICE OF PENALTIES AND SANCTIONS as to Bernard B. Kerik. (cg)
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Legal Document (Payment Possibly Required) 5 Filed: 11/9/2007, Entered: 11/13/2007 Order Setting Conditions of Release
ORDER Setting Conditions of Release as to Bernard B. Kerik (1) 500,000.00 PRB..... (cg)
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Legal Document (Payment Possibly Required) 4 Filed: 11/9/2007, Entered: 11/13/2007 Bond
Appearance Bond Entered as to Bernard B. Kerik in amount of $ 500,000.00 PRB, Defendant all necessary paperwork by 11/14/2007.Defendant shall Surrender all firearms in his possession or constructive possession., including handguns, rifles, shotguns ammunition, permits and licenses to the FBI within 24 hours, The defendant shall have no direct or indirect contact with any government witnesses, Government shall provide a list, exception: Business related contact with current employees, Defendant shall surrender all travel documents and passports. Travel is restricted to SDNY, EDNY & NJ. Defendant reserves his right to seek modification of his condition at a later date. Routine pretrial supervision. (cg)
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Legal Document (Payment Possibly Required) 3 Filed: 11/9/2007, Entered: 11/13/2007 Notice of Attorney Appearance - Defendant
NOTICE OF ATTORNEY APPEARANCE: Kenneth M. Breen appearing for Bernard B. Kerik. (cg)
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Legal Document (Payment Possibly Required) 2 Filed: 11/9/2007, Entered: 11/13/2007 Order to Unseal IndictmentCourt Filing
Order to Unseal Indictment as to Sealed Defendant 1.. (Signed by Judge George A. Yanthis on 11/9/2007)(cg)
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Blank -- Filed: 11/9/2007, Entered: 11/16/2007 Pretrial Conference
Minute Entry for proceedings held before Judge Stephen C. Robinson :Pretrial Conference as to Bernard B. Kerik held on 11/9/2007. Defendant present with attorney Kenneth M. Breen, AUSA's Perry Carbone and Elliott Jacobson, Agents SA James J. O'Conner-FBI SA Steven Ashcrofy-IRS, SA Christopher McGlynn-IRS, Court Reporter Sue Ghorayeb, Courtroom Deputy Brandon Skolnik. IPTC Held: Next PTC set for 1/16/2008 at 12pm. Time is excluded to 1/16/2008. Defendant Bail continued. (See Transcript. (cg)
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Blank -- Filed: 11/9/2007, Entered: 11/13/2007 Case Assigned/Reassigned
Case as to Bernard B. Kerik ASSIGNED to Judge Stephen C. Robinson. Judge Unassigned no longer assigned to the case.. (cg)
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Blank -- Filed: 11/9/2007, Entered: 11/13/2007 Plea Entered
Minute Entry for proceedings held before Judge George A. Yanthis : Plea entered by Bernard B. Kerik (1) Count 1,2,3,5-7,8,9-14,15-16 Not Guilty. (Court Reporter Sue Ghorayeb) (cg)
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Blank -- Filed: 11/9/2007, Entered: 11/13/2007 Arraignment
Minute Entry for proceedings held before Judge George A. Yanthis :Arraignment as to Bernard B. Kerik (1) Count 1,2,3,4,5-7,8,9-14,15-16 held on 11/9/2007. Defendant present with attorney Kenneth Breen, AUSA's Perry Carbone and Elliott Jacobson, Court Reporter Sue Ghorayeb. Defendant enters a not guilty plea. Case assigned to Judge Robinson. Bail is set as follows: 500,000.00 PRB secured by the defendant's primary residence. Paperwork to be completed by 11/14/2007. Surrender all firearms to the FBI including ammunition and permits within 24 hours. No contact with any government witnesses, government to provide a list. Exception: Business related contact with any current employees. Surrender Passport, Routine Pretrial supervision. Travel extended to include N.J. (cg)
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Blank -- Filed: 11/9/2007, Entered: 11/13/2007 Initial Appearance
Minute Entry for proceedings held before Judge George A. Yanthis :Initial Appearance as to Bernard B. Kerik held on 11/9/2007. Defendant present with attorney Kenneth Breen, AUSA Perry Carbone & Elliott Jacobson, Court Reporter Sue Ghorayeb. (cg)
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Blank -- Filed: 11/9/2007, Entered: 11/13/2007 Arrest
Arrest of Bernard B. Kerik. (cg)
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Blank -- Filed: 11/9/2007, Entered: 11/13/2007 Case Designated ECF.
Case Designated ECF as to Bernard B. Kerik. (cg)
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Blank -- Filed: 11/9/2007, Entered: 11/13/2007 Indictment Unsealed
INDICTMENT UNSEALED as to Sealed Defendant 1. (cg)
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Sealed Legal Document 1 Filed: 11/8/2007, Entered: 11/13/2007 Indictment -Sealed
SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 3, 4, 5-7, 8, 9-14, 15-16. (cg)
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