USA v. Duncan

Criminal Case New York Southern District Court, Case No. 1:08-cr-00644-JGK
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Last Updated November 10, 2016 at 2:56 AM EST (8.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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 Daniel Lawrence Stein +1 212 637 2407 +1 212 637 2387 daniel.stein@usdoj.gov
v.
No Logo Lethem Duncan, Defendant

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 Foley Square
Filed 7/15/2008
County NewYork
Terminated
Reopened
Other Court Case None
Count 1
Citation Section 18 U.S.C. § 371.F
Offense Level 4
18371.F CONSPIRACY TO COMMIT EMBEZZLEMENT
Count 2
Citation Section 18 U.S.C. § 666A.F
Offense Level 4
18666A.F CONVERTS TO OWN USE PROPERTY OF ANOTHER (EMBEZZLEMENT/ACCEPTING GRATUTIES)
Count 3
Citation Section 18 U.S.C. § 1341.F
Offense Level 4
181349.F FRAUDS AND SWINDLES ( CONSPIRACY TO COMMIT MAIL FRAUD)
Count 4
Citation Section 18 U.S.C. § 1341.F
Offense Level 4
181341.F FRAUDS AND SWINDLES (MAIL FRAUD)
Count 5
Citation Section 18 U.S.C. § 1957-7430.F
Offense Level 4
181957-7430.F ENGAGING IN MONETARY TRANSACTIONS (MONEY LAUNDERING)
Count 6
Citation Section 18 U.S.C. § 666A.F
Offense Level 4
18666A.F CONVERTS TO OWN USE PROPERTY OF ANOTHER (EMBEZZLEMENT/ACCEPTING GRATUTIES)
Def Custody Status
Flag ECF
Timeline
  Entries (30) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Sealed Legal Document 20 Filed: 2/5/2013, Entered: None Unknown Document Type
SEALED DOCUMENT placed in vault. (mps) (Entered: 02/05/2013)
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Legal Document (Payment Possibly Required) 19 Filed: 10/2/2012, Entered: None Unknown Document TypeCourt Filing
JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 9/21/2012. Defendant Lethem Duncan (1) pleaded guilty to Count(s) 1, 2, 3, 4, 5, and 6. Underlying All Open Counts are dismissed on the motion of the United States. IMPRISONMENT: TIME SERVED on Counts # 1 - 6. SUPERVISED RELEASE: 3 years on Counts # 1 - 6 to run concurrently. The above drug testing condition (see page 4 of judgment) is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. The defendant shall cooperate in the collection of DNA as directed by the probation officer. Special Conditions of Supervision (see page 5 of judgment). ASSESSMENT: $600.00, to be paid immediately. RESTITUTION: $520,846.00. Special instructions regarding the payment of criminal monetary penalties: (See page 7 of judgment). Joint and Several: 08cr1000-02 STAY THOMPSON & 08cr1000-03 PHILBERT GORRICK - SUM OF $375,000.00; 08cr1000-02 STAY THOMPSON & 08cr1000-01 NIGEL OSARENKHOE - SUM OF $145,846.00. The defendant shall forfeit the defendant's interest in the following property to the United States: RESTITUTION SECTION. (Signed by Judge Barbara S. Jones on 9/25/2012)(bw) (Entered: 10/02/2012)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 18 Filed: 1/26/2012, Entered: None Unknown Document TypeCourt Filing
ENDORSED LETTER as to Lethem Duncan addressed to Judge Barbara S. Jones from Steven K. Frankel dated 1/25/2012 re: Counsel writes to request that the defendant's bail conditions to permit him to travel to Washington, DC from 1/27/2012 to 1/29/2012. ENDORSEMENT: Application granted. (Signed by Judge Barbara S. Jones on 1/25/2012) (ab) (Entered: 01/26/2012)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 17 Filed: 1/23/2012, Entered: None Unknown Document TypeCourt Filing
NOTICE OF CASE REASSIGNMENT as to Lethem Duncan, to Judge Barbara S. Jones. Judge John G. Koeltl no longer assigned to the case. ***Sentencing*** (pgu) (Entered: 01/23/2012)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 16 Filed: 11/10/2011, Entered: None Unknown Document TypeCourt Filing
ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Lethem Duncan. The parties are directed to appear for a conference on December 20, 2011 at 4:30 p.m. Because a continuance is needed to assure the effective assistance of counsel, to allow the defense to review discovery and to determine what motions, if any, the defense wishes to make, the Court prospectively excludes the time from today until December 20, 2011 from Speedy Trial Act calculations.This Order is entered pursuant to 18 U.S.C. § 3161(h)(7)(A). SO ORDERED. (Signed by Judge John G. Koeltl on 11/10/2011)(dnd) (Entered: 11/14/2011)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 15 Filed: 11/14/2011, Entered: None Unknown Document TypeCourt Filing
ORDER: As to Lethem Duncan.The defendant shall make any submissions regarding sentencing by November 23, 2011. The Government shall make any submissions by November 29, 2011. Sentencing is adjourned to Friday, December 2, 2011 at 3:30 p.m. SO ORDERED. (Signed by Judge John G. Koeltl on 11/11/2011)(dnd) (Entered: 11/14/2011)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 14 Filed: 8/30/2011, Entered: None Unknown Document TypeCourt Filing
ENDORSED LETTER as to Lethem Duncan addressed to Judge John G. Koeltl from Steven K. Frankel dated 8/29/2011 re: Counsel writes to request an adjournment of the sentencing, currently scheduled for 9/2/2011. ENDORSEMENT: Adjourned to Friday, 10/7/2011 at 10:00 AM. (Signed by Judge John G. Koeltl on 8/29/2011) (ab) (Entered: 08/30/2011)
Request RequestSpace LREF
Blank 13 Filed: 1/7/2011, Entered: None Unknown Document Type
SENTENCING MEMORANDUM by USA as to Lethem Duncan. (Harrington, William) (Entered: 01/07/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 8/12/2009, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings as to Lethem Duncan held on 7/31/08 before Judge John G. Koeltl. (pl) (Entered: 08/12/2009)
Request RequestSpace LREF
Blank 11 Filed: 9/5/2008, Entered: 9/5/2008 TranscriptCourt Filing
TRANSCRIPT of Proceedings as to Lethem Duncan held on 7/31/08 before Judge John G. Koeltl. (ama)
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Blank 10 Filed: 8/1/2008, Entered: 8/4/2008 Advice of Penalties and Sanctions
ADVICE OF PENALTIES AND SANCTIONS as to Lethem Duncan. (bw)
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Blank 9 Filed: 8/1/2008, Entered: 8/4/2008 Bond
Appearance Bond Entered as to Lethem Duncan in amount of $250,000.00. $250,000.00 PRB; to be co-signed by Defendant by 5:00 P.M. on 8/1/08; The Defendants travel is restricted to the SDNY & EDNY and extended to the District of New Jersey; surrender of any travel documents. (bw)
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Legal Document 8 Filed: 8/1/2008, Entered: 8/1/2008 OrderCourt Filing
BAIL ORDER as to Lethem Duncan. The defendant, Lethem Duncan, is released on a $250,000.00 personal recognizance bond, to be signed by the defendant by 5:00 p.m. on August 1, 2008. The defendant's travel is restricted to the Southern and Eastern Districts of New York and the District of New Jersey; the defendant shall also surrender any travel documents. So Ordered. (Signed by Judge John G. Koeltl on 7/31/2008)(D'Avanzo, Daniel)
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Blank -- Filed: 7/31/2008, Entered: 8/7/2008 Set Deadlines/Hearings:
Minute Entry for proceedings held before Judge John G. Koeltl: as to Lethem Duncan; Sentencing set for 1/23/2009 at 10:00 AM before Judge John G. Koeltl. (jw)
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Blank -- Filed: 7/31/2008, Entered: 8/7/2008 Order of Referral to Probation for Presentence Inv
Order of Referral to Probation for Presentence Investigation and Report as to Lethem Duncan. (Signed by Judge John G. Koeltl on 7/31/08)(jw)
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Blank -- Filed: 7/31/2008, Entered: 8/7/2008 Plea Entered
Minute Entry for proceedings held before Judge John G. Koeltl: Plea entered by Lethem Duncan (1) Guilty as to Count 1,2,3,4,5,6. (jw)
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Blank -- Filed: 7/31/2008, Entered: 8/7/2008 Change of Not Guilty Plea
Change of Not Guilty Plea to Guilty Plea as to Lethem Duncan (1) Count 1,2,3,4,5,6. (jw)
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Blank -- Filed: 7/31/2008, Entered: 8/7/2008 Change of Plea Hearing
Minute Entry for proceedings held before Judge John G. Koeltl:Change of Plea Hearing as to Lethem Duncan held on 7/31/2008. Deft present with atty Steven Frankel. AUSA Dan Stein present. Reporter Elana Lynch present. Deft changes plea of not guilty and pleads guilty to 6-Count information. Sentence date set for 1/23/09 at 10:00am. PSI ordered. Bail set at $250,000 PRB, SDNY, EDNY, NJ; Surrender Passport (jw)
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Legal Document 7 Filed: 7/16/2008, Entered: 7/17/2008 Advice of Penalties and Sanctions
ADVICE OF PENALTIES AND SANCTIONS as to Lethem Duncan. (Document originally filed under seal on 7/15/08) (jm)
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Legal Document 6 Filed: 7/16/2008, Entered: 7/17/2008 Waiver of Indictment
WAIVER OF INDICTMENT by Lethem Duncan. (Document originally filed under seal on 7/15/08) (jm) Modified on 7/17/2008 (jm).
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Legal Document 5 Filed: 7/16/2008, Entered: 7/17/2008 Order Setting Conditions of ReleaseCourt Filing
ORDER Setting Conditions of Release as to Lethem Duncan (1) ROR, travel to NJ, surr passport. (Document originally filed under seal on 7/15/08). (Signed by Judge John G. Koeltl on 7/15/08)(jm) Modified on 7/17/2008 (jm).
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Legal Document 4 Filed: 7/16/2008, Entered: 7/17/2008 Notice of Intent to File Information
NOTICE OF INTENT TO FILE an Information by U.S.A. as to Lethem Duncan. (Document originallt filed, then sealed, on 7/9/08) (jm)
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Legal Document 3 Filed: 7/16/2008, Entered: 7/17/2008 Letter
Letter by USA as to Lethem Duncan addressed to Hon. Laura Taylor Swain from AUSA Daniel L Stein dated 7/16/08 re: unsealing of information (jm)
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Legal Document 2 Filed: 7/16/2008, Entered: 7/17/2008 Order to Unseal InformationCourt Filing
Order to Unseal Information as to Lethem Duncan.. (Signed by Judge Laura Taylor Swain on 7/16/08)(jm)
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Blank -- Filed: 7/16/2008, Entered: 7/17/2008 Oral Order
ORAL ORDER as to Lethem Duncan Time excluded from 7/15/08 until 7/31/08.(Order originally made 7/15/08). (jm)
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Blank -- Filed: 7/16/2008, Entered: 7/17/2008 Arraignment
Minute Entry for proceedings held before Judge John G. Koeltl: Hearing originally held 7/15/08) Filed Wiaver of Indictment and Information. Arraignment as to Lethem Duncan (1) Count 1,2,3,4,5,6Lethem Duncan (1) Count 1,2,3,4,5,6 held on 7/16/2008. Defendant present with attorney Steven Frankel; AUSA Daniel L Stein also present., Plea entered by Lethem Duncan (1) Count 1,2,3,4,5,6 Lethem Duncan (1) Count 1,2,3,4,5,6 Not Guilty., as to Lethem Duncan. Defendant released ROR; bail extended to NJ; surrender passport by 7/17/08 and no new passport to be obtained. ( Pretrial Conference adjourned and set for set for 7/31/2008 at 09:00 AM before Judge John G. Koeltl.) (Court Reporter Paule Speer) (jm)
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Blank -- Filed: 7/16/2008, Entered: 7/17/2008 Initial Appearance
Minute Entry for proceedings held before Judge John G. Koeltl: Heaing originally held 7/15/08. Filed Waiver of Indictment and Information. Defendant pleads not guilty to information. Defendant present with attorney Steven Frankel. AUSA Stein also present. Pretrial conference adjourned to 7/31/08. Time excluded from 7/15/08 to 7/31/08. Defendant released ROR; bail extended to NJ; surrender passport by 7/17/08; no new passport.Initial Appearance as to Lethem Duncan held on 7/16/2008. (Court Reporter Paula Speer) (jm)
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Blank -- Filed: 7/16/2008, Entered: 7/17/2008 Case Designated ECF.
Case Designated ECF as to Lethem Duncan. (jm)
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Blank -- Filed: 7/16/2008, Entered: 7/17/2008 Information Unsealed
INFORMATION UNSEALED as to Lethem Duncan. (jm)
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Legal Document 1 Filed: 7/15/2008, Entered: 7/17/2008 Information - Felony (Sealed)
SEALED INFORMATION (Felony) as to Lethem Duncan (1) count(s) 1, 2, 3, 4, 5, 6. (jm)
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