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:
Supervised Release Jurisdiction Transferred to the USDC for the E D of Kentucky as to Steven E Warshak. Transmitted Transfer of Jurisdiction form, with certified copies of indictment, judgment and docket sheet. (km)
ORDER denying [881] renewed motion for reductions of fines and other monetary obligations as to Steven E Warshak (1). A certificate of appealabiity will not issue. Defendant is denied leave to appeal IFP. Signed by Judge Sandra S Beckwith on 4/28/15. (mb)
Order on motion for extension of time to file Response/Reply
NOTATION ORDER granting [885] Defendant's Unopposed Motion for Extension of Time until 4/30/15 to file reply in support of his motion for reduction of fine as to Steven E Warshak (1). Signed by Judge Sandra S Beckwith on 4/8/15. (mb)
Motion for Extension of Time to File Response/Reply
MOTION for Extension of Time of 20 days to file reply in support of his motion for Reduction of Fine and other Monetary Obligations filed by Steven E Warshak. (mb)
ORDER as to Steven E Warshak: The government is to file a response to defendant's motion for reduction of fine, etc., by 3/20/15. Signed by Judge Sandra S Beckwith on 3/4/15. (mb)
U.S. Supreme Court: Petition for Writ of Certiorari Issued
Notice from Supreme Court of the United States. The petition for a writ of certiorari was filed on 8/1/14 and placed on the docket on 10/9/14 as case number 14-6649 as to Steven E Warshak. (sct1)
ORDER of USCA (certified copy) as to Steven E Warshak re [871] Notice of Appeal - Final Judgment denying application for certificate of appealability. (sct1)
Certificate of Service by Steven E Warshak re [874] Order on Motion for Leave to Appeal In Forma Pauperis, Order on Motion for Extension of Time to File. Green card returned signed for Steven Warshak (jlw)
order on motion for leave to appeal in forma pauperis
ORDER - in light of this Court's decision denying Petitioner's Motion to Vacate Sentence [869], the Court CERTIFIES that a certificate of appealability shall not issue, and further CERTIFIES that any appeal would not be taken in good faith, thereby denying leave to appeal in forma pauperis. Based on this, the Court DENIES AS MOOT [872] Defendant's Motion for Leave to Appeal In Forma Pauperis and [873] Defendant's Motion for Extension of Time to File an Application for Certificate of Appealability as to Steven E Warshak (1). Signed by Judge S Arthur Spiegel on 7/2/2013. (km1) (Additional attachment(s) added on 7/2/2013: # (1) Certified Mail Receipt) (km1).
USCA Case Number as to Steven E Warshak 13-3780 for [871] Notice of Appeal - Final Judgment filed by Steven E Warshak. Bryant L. CrutcherCase Manager (jlw)
Certificate of Service by Steven E Warshak re [869] Order on Motion to Vacate (2255), Order on Motion for Miscellaneous Relief. Green card returned signed for Steven Warshak. (jlw)
OPINION AND ORDER denying [853] [854] Motion to Vacate, Set Aside or Correct Sentence (2255) as to Steven E Warshak (1); granting [860] Motion to file Supplemental Memorandum in support of Petitioner's Motion for Relief under 28 USC 2255 as to Steven E Warshak (1); denying [862] Request for Oral Argument as to Steven E Warshak; denying [865] Pro Se Motion for Jail Time Credit as to Steven E Warshak (1). Signed by Judge S Arthur Spiegel on 4/30/2013. (km1) Civil Case 1:12-cv-00433-SAS closed. (Additional attachment(s) added on 4/30/2013: # (1) Certified Mail Receipt) (km1).
REPLY TO RESPONSE to Motion by Steven E Warshak re [865] PRO SE MOTION for Jail time Credit Pursuant to Amendment 752 of the United States Sentencing Guidelines. (km1)
RESPONSE in Opposition by USA as to Steven E Warshak re [865] MOTION for Jail time Credit Pursuant to Amendment 752 of the United States Sentencing Guidelines (Porter, Anne)
ORDER as to Steven E Warshak re [865] MOTION for Jail time Credit Pursuant to Amendment 752 of the United States Sentencing Guidelines filed by Steven E Warshak. In order to provide the Court a complete record from which to fully consider this matter, the Court hereby ORDERS the United States to file a response to Plaintiff's motion no later than Friday, 3/1/2013.The Court further DIRECTS the United States Probation Office to review this matter and submit their recommendations to the Court within the same time period. The Court shall consider this matter upon completion of briefing. Signed by Judge S Arthur Spiegel on 2/6/2013. (km1)
SECOND FINAL ORDER OF FORFEITURE granting [863] United States' Motion for a Second Final Order of Forfeiture as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Berkeley Premium Nutraceuticals, Inc. (8). It is hereby ORDERED that all right, title, and interest in the property is condemned and forfeited to the United States under 18 USC Section 982, 18 USC Section 981(a)(1)(C) and 28 USC Section 2461(c) and/or 21 USC Section 853(p) and no right, title, or interest shall remain in any other person or entity. It is further ORDERED that the United States shall dispose of the property in accordance with the law. Signed by Judge S Arthur Spiegel on 1/14/2013. (km1)
Second MOTION for Forfeiture of Property (Final Order of Forfeiture) by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc.. (Grimes, Deborah)
REPLY TO RESPONSE to Motion by Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [860] MOTION to file Supplemental Memorandum in support of Petitioner's Motion for Relief under 28 USC 2255 (Phillips, John)
RESPONSE in Opposition by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [860] MOTION to file Supplemental Memorandum in support of Petitioner's Motion for Relief under 28 USC 2255 (Porter, Anne)
MOTION to file Supplemental Memorandum in support of Petitioner's Motion for Relief under 28 USC 2255 by Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Phillips, John)
REPLY TO RESPONSE to Motion by Steven E Warshak re [854] Supplemental MOTION to Vacate under 28 U.S.C. 2255 SUPPLEMENTAL MEMORANDUM IN SUPPORT (Phillips, John)
RESPONSE in Opposition by USA as to Steven E Warshak re [854] Supplemental MOTION to Vacate under 28 U.S.C. 2255 SUPPLEMENTAL MEMORANDUM IN SUPPORT, [853] MOTION to Vacate under 28 U.S.C. 2255 (Attachments: # (1) Exhibit 1) (Porter, Anne)
CORRECTED EXHIBIT A (Scrivener's Error) re [853] MOTION to Vacate under 28 U.S.C. 2255 by Steven E Warshak (Phillips, John) (eh). Modified pdf to only include corrected ex. A on 6/11/2012 (eh).
Notice of Correction re:[852] MOTION for Leave to Appear NOTICE ONLY - NO MOTION - APPEARANCE ON BEHALF OF STEVEN E. WARSHAK ONLY Attorney: John H. Phillips. This document was incorrectly docketed and only pertains to Steven Warshak. Also the document was unsigned. Counsel will refile signed version under Notice(other). (jlw)
ORDER as to Steven E Warshak re [853] MOTION to Vacate under 28 U.S.C. 2255. It is ORDERED that the Clerk serve a copy of this Order upon the United States Attorney, such service to constitute notice to answer or otherwise plead to the Complaint pursuant to Rul3 4(b) and 5 of the Rules Governing Section 2255 Proceedings within 20 days of the date of this Order. Response due by 6/25/2012. Signed by Judge S Arthur Spiegel on 6/5/2012. (km1)
MEMORANDUM IN SUPPORT re [853] MOTION to Vacate under 28 U.S.C. 2255 by Steven E Warshak. (Phillips, John) Modified Docket Text to Correct on 6/5/2012 (km1).
[FORMER DOCUMENT 852] MOTION for Leave to Appear NOTICE ONLY - NO MOTION - APPEARANCE ON BEHALF OF STEVEN E. WARSHAK ONLY Attorney: John H. Phillips.by Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Phillips, John) Modified to remove PDF on 6/6/2012 (jlw).
NOTICE of proof of publication by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Exhibit 1 Advertisement Certification Report) (Wiethe, Donetta)
NOTICE of proof of publication by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Exhibit 1 Advertisement Certification Report) (Wiethe, Donetta)
Probation Form 12/Pretrial Services Form 8 and Order
Report and Order on Offender Under Supervision as to Steven P. Pugh. The Court concurs with the recommendation of the Probation Officer that Defendant not be referred for substance abuse assessment/treatment at this time. Signed by Judge S Arthur Spiegel on 1/26/2012. (km1)
TRANSCRIPT of Proceedings (Re-Sentencing Hearing) as to Steven E Warshak held on 9/20/2011 before Judge S Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official), Telephone number 513-564-7676 (no. pgs: 32). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 12/23/2011. Redacted Transcript Deadline set for 1/3/2012. Release of Transcript Restriction set for 3/1/2012. (km1)
SECOND AMENDED JUDGMENT as to Harriet Warshak (2), Count(s) 1, Sentenced to one (1) day imprisonment on Counts 1 and 27, to be served concurrently to each other; followed by 5 years supervised release on Counts 1 and 27, the terms to be served concurrently. $200 special assessment and forfeiture of assets to the United States as outlined in judgment; Count(s) 27, Sentenced to one (1) day imprisonment on Counts 1 and 27, to be served concurrently to each other; followed by 5 years supervised release on Counts 1 and 27, the terms to be served concurrently. $200 special assessment and forfeiture of assets to the United States as outlined in judgment. Signed by Judge S Arthur Spiegel on 9/28/2011. (km1)
ORDER granting [838] Motion to Correct Sentence as to Harriet Warshak (2). Pursuant to Fed. R. Crim. P. 35(a), the Court CORRECTS the proceeds forfeiture money judgment imposed during re-sentencing on 9/14/2011 [840] from $100,000,000.00 to $459,540,000.00. This proceeds forfeiture money judgment shall be jointly and severally owed with co-Defendants Steven E. Warshak and Berkeley Premium Nutraceuticals. All other provisions of Defendant's sentence, except those conditions of supervised release amended by this Court's Order of 9/27/2011 [845] shall remain in full effect. An amended judgment reflecting this correction of sentence shall be issued contemporaneously to the filing of this Order. Signed by Judge S Arthur Spiegel on 9/28/2011. (km1)
ORDER granting [844] Motion to Amend Certain Conditions of Supervised Release as to Harriet Warshak (2). Standard conditions numbers 1 and 9 are amended to permit Defendant to travel outside the judicial district in order to visit her son, Steven Warshak, at his federal prison. Defendant must notify her probation officer before she leaves the judicial district. Due to Defendant's poor health, she shall not be required to complete special condition number 15, as to the completion of community service. Signed by Judge S Arthur Spiegel on 9/27/2011. (km1)
Notice of Correction as to Harriet Warshak re [FORMER DOC. 842] Response to Motion: Counsel called and advised of incorrect filing. Clerk removed the document and counsel has filed the correct document as document 843. (lk)
RESPONSE to Motion by Harriet Warshak re [838] MOTION to Alter Judgment Defendant's Response to Government's Motion to Correct Sentencing (Pinales, Martin)
[FORMER DOC. 842] RESPONSE to Motion by Harriet Warshak re [838] MOTION to Alter Judgment Defendant's Response to Government's Motion to Correct Sentence (Pinales, Martin) Modified to remove PDF on 9/22/2011 (lk).
AMENDED JUDGMENT as to Steven E Warshak (1), Count(s) 1, 2-13, 15, 23, 27, 29, 30, 31, 32-98, 102-106, 108 - Sentenced to 120 months on Counts 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-106, 108; 60 months on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-106, 108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg. Signed by Judge S Arthur Spiegel on 9/21/2011. (km1)
Minute Entry for proceedings held before Judge S Arthur Spiegel:Re-Sentencing on Remand from COFA held on 9/20/2011 for Steven E Warshak (1). Defendant present with counsel on writ from FCI Elkton, OH. Defendant re-sentenced as follows: Count(s) 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-108 - Sentenced to 120 months imprisonment on each count; Count(s) 112 - Sentenced to 60 months imprisonment. All sentences to be served concurrently to each other; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg. Defendant remanded to custody. (Court Reporter Jodie Perkins (Official).) (km1) Modified Docket Text to Clarify on 9/21/2011 (km1).
AMENDED JUDGMENT as to Harriet Warshak (2), Count(s) 1, 27, Sentenced to one (1) day imprisonment on Counts 1 and 27, to be served concurrently to each other; followed by 5 years supervised release on Counts 1 and 27, the terms to be served concurrently. $200 special assessment and forfeiture of assets to the United States as outlined in judgment. Signed by Judge S Arthur Spiegel on 9/15/2011. (km1)
Minute Entry for proceedings held before Judge S Arthur Spiegel:Re-Sentencing on Remand from COFA held on 9/14/2011 for Harriet Warshak (2). Defendant present with counsel. Sentenced as follows: Count(s) 1, 27 Sentenced to one (1) day imprisonment on Counts 1 and 27, to be served concurrently to each other; followed by 5 years supervised release on Counts 1 and 27, the terms to be served concurrently to each other. $200 special assessment and forfeiture of assets to the United States as outlined in judgment. (Court Reporter Luke Lavin (Official).) (km1)
ORDER granting [833] Motion to Continue Resentencing Hearing as to Steven E Warshak (1). The Court VACATES the 9/14/2011 resentencing as to Defendant Steven Warshak and RESETS this matter for 9/20/2011 at 2:30 PM. Signed by Judge S Arthur Spiegel on 8/24/2011. (km1)
NOTICE of United States Marshals Service Notice of Modification of Return of Process re [579] Order for Forfeiture of Property by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta)
CJA 20 as to Harriet Warshak: Appointment of Attorney Martin Pinales, Esq. (retroactive to 3/22/2011). Signed by Judge S Arthur Spiegel on 7/5/2011. (km1)
TRANSCRIPT of Proceedings (Status Conference) as to Steven E Warshak, Harriet Warshak held on 4/13/2011 before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Luke Lavin (Official), Telephone number 513-564-7675 (no. pgs: 36). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/19/2011. Redacted Transcript Deadline set for 5/31/2011. Release of Transcript Restriction set for 7/27/2011. (km1)
MANDATE of USCA (certified copy) as to Steven E Warshak and Carrie Warshak (Claimant) re COFA # 09-3321 for [767] Notice of Appeal - Final Judgment. (mr)
ORDER as to Steven E Warshak, Harriet Warshak. Pursuant to the status conference held 4/13/2011, the following schedule is established with regards to resentencing: Probation Department to complete its addenda to the PSIR by 5/13/2011, after which the parties shall file any objections within 30 days. The Court further requests the parties to file a joint stipulation as their view as to what the Court is authorized to do at resentencing by 8/1/2011. The Probation Department's complete report shall also be provided to the Court by 8/1/2011. The parties shall file any sentencing memoranda by 8/15/2011. Finally, the Court sets this matter for resentencing on 9/14/2011 at 10:30 AM. Signed by Judge S Arthur Spiegel on 4/13/2011. (km1)
ORDER of USCA (certified copy) as to Steven E Warshak re [767] Notice of Appeal - Final Judgment. The district court's March 4, 2009, [760] Final Order of Forfeiture is AFFIRMED (Mandate to issue). (lk) Modified on 3/31/2011 (lk).
NOTICE OF HEARING as to Steven E Warshak and Harriet Warshak: Status Conference RESET for 4/13/2011 02:00 PM in Chambers before Judge S Arthur Spiegel. (km1)
NOTICE OF HEARING as to Steven E Warshak and Harriet Warshak: Status Conference set for 4/21/2011 11:00 AM in Chambers before Judge S Arthur Spiegel. (km1)
ORDER as to Steven P. Pugh. At the request of the U.S. Marshals Service, the Court hereby EXTENDS Defendant's voluntary surrender date an additional 30 days from Monday, 2/7/2011 to Wednesday, 3/9/2011, to allow the Bureau of Prisons additional time to provide Defendant an institution designation. Defendant shall report, at his own expense, by 12:00 PM on this day. While awaiting designation, Defendant is permitted to remain free on his current Own Recognizance bond set by the Court on September 28, 2006 [25]. In the event that the Bureau of Prisons provides an institution designation prior to the voluntary surrender date as currently extended, the Marshals Service shall arrange for the Defendant to surrender to the designated institution forthwith.Signed by Judge S Arthur Spiegel on 2/9/2011. (km1)
SEVENTH PRELIMINARY ORDER OF FORFEITURE granting [800] Sixth Motion to Amend Preliminary Order of Forfeiture to Include Substitute Assets as to Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 1/25/2011. (km1)
NOTICE Stipulation of Bankruptcy Trustee and United States Concerning the United States' Sixth Motion to Amend the Preliminary Order of Forfeiture to include Substitute Assets (Doc. 800) re [800] Sixth MOTION for Forfeiture of Property by Richard D Nelson as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Rafferty, Donald)
ORDER as to Steven P. Pugh. Pursuant to the 12/14/2010 Opinion and Order of the COFA Sixth Circuit which affirmed Defendant's conviction [809], and the subsequent mandate issued 1/14/2011 returning jurisdiction to the district court [810], the Court now finds it appropriate for the Defendant to surrender to the Bureau of Prisons to commence serving his sentence. Accordingly, the Court hereby ORDERS that Defendant voluntarily surrender to the institution designated by the Bureau of Prisons no later than Monday, 2/7/2011. Defendant shall report, at his own expense, by 12:00 p.m. on this day. While awaiting designation, Defendant is permitted to remain free on his current Own Recognizance bond set by the Court on 9/28/2006 [25]. Signed by Judge S Arthur Spiegel on 1/19/2011. (km1)
OPINION AND ORDER of from the SIXTH CIRCUIT COURT OF APPEALS re [585] Notice of APPEAL: IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district court is AFFIRMED IN PART, REVERSED IN PART, and VACATED IN PART. IT IS FURTHER ORDERED that the cases are REMANDED for further proceedings consistent with the opinion of this court. MANDATE TO ISSUE IN THIS CASE. (jlw)
ORDER as to Harriet Warshak amending conditions of bond to remove Pretrial Services supervision and the monthly financial accounting requirement. Signed by Judge S Arthur Spiegel on 11/16/2010. (km1)
RESPONSE in Opposition to Motion by Richard D Nelson as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [800] Sixth MOTION for Forfeiture of Property (Attachments: # (1) Exhibit Claims Register) (Rafferty, Donald) Modified to clarify docket text on 10/13/2010 (lk1).
ORDER granting [803] Motion to Vacate Seventh Preliminary Order of Forfeiture [802] as to Steven E Warshak (1). Richard D. Nelson, Chapter 11 Trustee for Berkeley Premium Nutraceuticals Inc shall be and is granted an extension of time through and including 10/12/2010 to file his response to United States' Sixth Motion to Amend the Preliminary Order of Forfeiture to Include Substitute Assets [800]. After the Bankruptcy Trustee files a response, the United States shall be permitted to file a reply. Upon completion of briefing, the Court shall consider the motion on its merits. Signed by Judge S Arthur Spiegel on 10/6/2010. (km1)
SEVENTH PRELIMINARY ORDER OF FORFEITURE granting [800] Sixth Motion to Amend the Preliminary Order of Forfeiture to Include Substitute Assets as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 10/5/2010. (km1)
NOTICE of U.S. Marshal Service return on sales of forfeited real property. by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta)
Sixth MOTION for Forfeiture of Property by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Wiethe, Donetta)
NOTICE of Proof of Publication re [798] Order on Motion for Forfeiture of Property, by USA as to Harriet Warshak (Attachments: # (1) Exhibit Advertisement Certification Report) (Wiethe, Donetta)
SIXTH PRELIMINARY ORDER OF FORFEITURE granting [797] Fifth Motion to Amend Preliminary Order of Forfeiture to Include Substitute Assets as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 2/23/2010. (km1)
Fifth MOTION for Forfeiture of Property (Sixth Preliminary Order) by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Wiethe, Donetta)
ORDER of USCA (certified copy) as to Harriet Warshak re [778] Notice of Appeal - Final Judgment The motion to reinstate pauper status is GRANTED. The appointment ofWarshaks trial counsel as appellate counsel is continued, retroactive to April 23, 2009. (jlw1)
REPLY TO RESPONSE to Motion by Steven E Warshak re [790] MOTION for New Trial Amended Reply to Government's Opposition to Motion for New Trial (Weinberg, Martin)
REPLY TO RESPONSE to Motion by Steven E Warshak re [790] MOTION for New Trial Reply to Government's Opposition to Motion for New Trial (Weinberg, Martin)
ORDER granting [791] Motion for Permission to Travel as to Steven P. Pugh (5). Defendant is hereby permitted to travel for the holidays to Ft. Myers Beach, Florida from Saturday, 12/26/2009 through Wednesday, 1/6/2010. Prior to commencement of travel, the Defendant shall ensure that Pretrial Services is provided a specific travel itinerary, including addresses and telephone numbers where he will stay. Signed by Judge S Arthur Spiegel on 12/22/2009. (km1)
NOTICE by Plaintiff United States of America of Proof of Publication by Harriet Warshak (Attachments: # (1) Exhibit 1 Advertisement Certification Report) (Wiethe, Donetta)
Minute Entry for proceedings held before Judge S Arthur Spiegel: Hearing on Report of Full Financial Disclosure pursuant to Court Order [776] (continued from 6/23/2009) as to Harriet Warshak held on 7/21/2009. Deft present with counsel. Counsel for government reports that the Defendant is now in full compliance with regards to financial disclosure. Government requests that the Court now enter the 5th Preliminary Order of Forfeiture currently pending before the Court [787]. The Court orders in open Court that the 5th Preliminary Order of Forfeiture will be entered by the Court, forfeiting the following substitute property: Contents of U S Bank Checking Acct XXX0656 in the name of Harriet Warshak; $30,000 in cash held at Defendant's home; and $3,400 in funds due to Harriet Warshak pertaining to an unsecured loan to her son-in-law, J.B. Hall. Defendant's O.R bond pending appeal is continued; Defendant to provide monthly financial accounting for each preceding month to pretrial services. (Court Reporter Jodie Perkins (Official).) (km1, )
Fourth MOTION for Forfeiture of Property to Amend the Preliminary Order of Forfeiture to Include Substitute Assets by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Wiethe, Donetta)
TRANSCRIPT of Proceedings (In Chambers Conference) as to Harriet Warshak held on 4/23/2009 before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official), Telephone number 513-564-7676 (no. pgs: 30). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 7/21/2009. Redacted Transcript Deadline set for 7/31/2009. Release of Transcript Restriction set for 9/28/2009. (km1, )
NOTICE OF HEARING as to Harriet Warshak:Hearing on Report of Full Financial Disclosure pursuant to Court Order [776] (continued from 6/23/2009) set for 7/21/2009 10:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
Minute Entry for proceedings held before Judge S Arthur Spiegel:Hearing - Report to Court re Full Financial Disclosure Pursuant to Court Order [776] as to Harriet Warshak held on 6/23/2009. Arguments heard. Govt Exhibits A (Chart) and B (Letter to Deft's counsel of 6/17/2009) admitted. The Court hereby CONTINUES this matter for approximately 2 weeks to allow time for the Defendant to provide the financial information requested by the government, to include the completion and filing of a judgment debtor affidavit. (Court Reporter Jodie Perkins (Official).) (km1, )
FOURTH PRELIMINARY ORDER OF FORFEITURE - granting [783] Third Motion to Amend the Preliminary Order of Forfeiture to Include Substitute Assets as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 6/9/2009. (km1, )
Third MOTION for Forfeiture of Property to Amend the Preliminary Order of Forfeiture to Include Substitute Assets by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Wiethe, Donetta)
NOTICE of Proof of Publication as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Exhibit 1 Advertisement Certification Report) (Wiethe, Donetta)
ORDER of USCA (certified copy) as to Harriet Warshak re [696] Notice of Appeal - Final Judgment, [669] Notice of Appeal - Final Judgment that the filing fee of $455.00 be paid directly to the District Court by May 4, 2009. Failure to pay the filing fee could result in the appeals being dismissed for want of prosecution. (scot, )
USCA Appeal Fees received $ 455, receipt number 100CIN005034 as to Harriet Warshak [780] ORDER of USCA (certified copy) as to Harriet Warshak re [696] Notice of Appeal - Final Judgment (srj1, ) Modified on 4/28/2009 in order to link to the correct entry (srj1, ).
OPINION AND ORDER as to Harriet Warshak re [763] Affidavit of Harriet Warshak, [768] Amended Affidavit of Harriet Warshak, [769] United States' Response and [774] Defendant's Reply. Pursuant to the on the record status conference held 4/23/2009, the Court finds it appropriate to REVOKE its previous finding that Defendant qualifies for IFP status and a CJA appointment [656]. The Court CONTINUES this matter for a hearing in 60 days, on 6/23/2009 at 10:00 a.m. with all parties. At such hearing the Court will review with the parties the outcome of the following conditions which it imposes as modifications to post-trial supervision: 1) Defendant is to make a full disclosure of all financial information requested by the U.S. Attorney, including account numbers, to the U.S. Attorney and to the U.S. Pretrial Services Department and/or U.S. Probation Department depending on which has jurisdiction overthis matter; and 2) Defendant is to make no disbursements, that is, write no checks and make no financial transactions, without the approval of the U.S. Pretrial Services Department and/or U.S. Probation Department, as aforesaid. Should the Court be dissatisfied with the outcome of such conditions, the Court will consider revoking Defendants bond pending appeal. Signed by Judge S Arthur Spiegel on 4/23/2009. (km1, )
Minute Entry for proceedings held before Judge S Arthur Spiegel:In Chambers Conference as to Harriet Warshak held on 4/23/2009. Written Order to follow. (Court Reporter Jodie Perkins (Official).) (km1, )
ORDER granting [773] Motion to Seal and Substitute Exhibits. The Clerk is hereby DIRECTED to seal all exhibits attached to United States Motion for Summary Judgment against Petitioner Dr. Carrie Warshak [736]. Counsel for United States shall contemporaneously file with the Court redacted versions of these exhibits in their place. Signed by Judge S Arthur Spiegel on 4/22/2009. (km1, )
Reply re [769] Response (non motion) to Affidavits of Harriet Warshak as to Harriet Warshak (Attachments: # (1) Exhibit 1 (Affidavit)) (Pinales, Martin)
Joint MOTION to Seal and Substitute by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Wiethe, Donetta)
NOTICE OF HEARING as to Harriet Warshak: Show Cause Hearing re [768] Financial Affidavit of Harriet Warshak and [769] Government's Response set for 4/23/2009 10:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
ORDER of USCA (certified copy) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [585] Notice of Appeal. It is ORDERED that the motion be and it hereby is, GRANTED and Berkeley PremiumNutraceuticals, Inc. is dismissed as a party to this cause. (jweb1, )
ORDER of USCA (certified copy) as to Berkeley Premium Nutraceuticals, Inc. re [673] Notice of Appeal - Final Judgment. It is ORDERED that the motion is GRANTED and the appeal is dismissed. (jweb1, )
NOTICE OF APPEAL by Defendant Steven E Warshak, Claimant Carrie Warshak as to Steven E Warshak re [760] Order for Forfeiture of Property,, Filing fee $ 455. Appeal Record due by 3/16/2009. (Lieberman, Dennis)
TRANSCRIPT of Proceedings (Sentencing) as to Steven P. Pugh held on 8/28/2008 before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official), Telephone number (513) 564-7676 (no. pgs: 21). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 4/3/2009. Redacted Transcript Deadline set for 4/13/2009. Release of Transcript Restriction set for 6/11/2009. (km1, )
TRANSCRIPT of Proceedings (Sentencing) as to TCI Media, Inc. held on 8/27/2008 before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official), Telephone number (513) 564-7676 (no. pgs: 21). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 4/3/2009. Redacted Transcript Deadline set for 4/13/2009. Release of Transcript Restriction set for 6/11/2009. (km1, )
TRANSCRIPT of Proceedings (Sentencing) as to Harriet Warshak held on 8/27/2008 before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official), Telephone number (513) 564-7676 (no. pgs: 19). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 4/3/2009. Redacted Transcript Deadline set for 4/13/2009. Release of Transcript Restriction set for 6/11/2009. (km1, )
NOTICE of Settlement Agreement as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta)
OPINION AND ORDER denying [754] Motion to Stay Final Order of Forfeiture as to Her Residence as to Harriet Warshak (2). The Court ORDERS Defendant to submit within one week of this Order a report with an affidavit accounting for her access to funds that paid her mortgage, and a full accounting of her financial assets. Signed by Judge S Arthur Spiegel on 3/4/2009. (km1, )
FINAL ORDER OF FORFEITURE as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. It is Ordered that all right, title and interest in the subject property is condemned and forfeited to the United States under 18 U.S.C. Section 982, 18 U.S.C. Section 981(a)(1)(C) and 28 U.S.C. Section 2461(c) and/or 21 U.S.C. Section 853(p) and no right, title or interest shall remain in any other person or entity. It is further Ordered that the Attorney General through the United States Marshals Service shall dispose of the subject property in accordance with the law. Signed by Judge S Arthur Spiegel on 3/4/2009. (km1, )
Minute Entry for proceedings held before Judge S Arthur Spiegel:Motion Hearing as to Harriet Warshak held on 3/4/2009 re [754] MOTION to Stay Final Order of Forfeiture As to Residence filed by Harriet Warshak. Counsel present. Arguments heard. The Court Orders in open Court that it lacks jurisdiction over the matter, and accordingly, denies the motion. Final Order of Forfeiture to issue forthwith. Government raises issue with the Defendant's in forma pauperis status on appeal. The Court Orders counsel for Defendant to investigate Defendant's assets and ability to pay, and to provide an affidavit from the Defendant regarding her pauper status within one week. Written Order to follow. (Court Reporter Jodie Perkins (Official).) (km1, )
Filed: None, Entered: None
USCA Information Copy
USCA Case Number 09-3176 re [671] NOTICE OF APPEAL by Defendant Steven E Warshak. Jill Colyer is the Case Manager (srj1, )
ORDER of USCA (certified copy) as to Harriet Warshak re [696] Notice of Appeal - Final Judgment. Upon consideration of the appellant's motion to reinstate the case, and it appearing that the default which led to dismissal of the appeal has been cured, it is ORDERED that the motion be and it hereby is GRANTED. (srj1, )
ORDER of USCA (certified copy) as to Harriet Warshak re [696] Notice of Appeal - Final Judgment. Appellant/Petitioner has failed to satisfy the following obligations: The proper fee was not paid by 11/28/08. The Form of Appearance was not filed by 11/28/08. The Transcript Purchase Order was not filed by 11/28/08. The Civil Appeal Conference Statement was not filed by 11/28/08. It is therefore ORDERED that this cause be, and it hereby is, dismissed for want of prosecution. (srj1, )
NOTICE OF HEARING ON MOTION in case as to Harriet Warshak re [754] MOTION to Stay Final Order of Forfeiture As to Residence: Motion Hearing set for 3/4/2009 09:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
RESPONSE in Opposition by Plaintiff USA re [754] MOTION to Stay Final Order of Forfeiture As to Residence and Request for Hearing by Defendant Harriet Warshak (Attachments: # (1) Exhibit Ex. 1 Occupancy and Indemnity Agreement, # (2) Exhibit Ex. 2 USMS letter) (Wiethe, Donetta)
ORDER granting in part [736] Motion for Summary Judgment, to the extent that it finds no dispute that Petitioner can establish no ownership interest in the real properties: 5130 Rollman, 5140 Rollman, 5150 Rollman, 7027 Beech Hollow, 5758 San Elijo, and 7701 Sagamore; no ownership interest in Fifth Third Checking Account No. 8440; no ownership interest in the National Financial Services LLC/Equity Services Inc. Account "The Carri E Warshak 2004 QTIP Trust U/A 10/1/04;" no ownership interest in the National Financial Services LLC/Equity Services Inc. Account "The Warshak 2004 Gift Trust U/A 10/1/04;"and no ownership interest in the contents of First Colony Life Insurance Policy in the name of the "Warshak Family 2004 TST UTAD 10/01/2004"; denying in part [736] Motion for Summary Judgment as to the grand piano, finding a genuine dispute as to whether Petitioner has established an individual interest in such property. Signed by Judge S Arthur Spiegel on 2/5/2009. (km1, )
OPINION AND ORDER denying [734] Motion for New Trial as to Steven E Warshak (1), Harriet Warshak (2), Steven P. Pugh (5), TCI Media Inc (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 2/3/2009. (km1, )
NOTICE of Errata to the United States' Motion for Summary Judgment as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [736] MOTION Summary Judgment (Attachments: # (1) Exhibit JS 2.1, # (2) Exhibit JS 7) (Wiethe, Donetta)
REPLY TO RESPONSE to Motion by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [736] MOTION Summary Judgment (Attachments: # (1) Exhibit Petitioner's response to discovery) (Wiethe, Donetta)
RESPONSE in Opposition by Claimant Carrie Warshak, as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [736] MOTION Summary Judgment (Lieberman, Dennis) Modified to clarify docket text on 1/22/2009 (jweb1, ).
REPLY TO RESPONSE to Motion by Defendants Steven E Warshak, Berkeley Premium Nutraceuticals, Inc., as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. re [734] MOTION for New Trial Defendants' Reply to Government Opposition to Motion for New Trial (Weinberg, Martin) Modified to clarify docket text on 1/21/2009 (jweb1, ).
THIRD PRELIMINARY ORDER OF FORFEITURE as to Steven E Warshak, Harriet Warshak, Berkeley Premium Nutraceuticals, Inc. Signed by Judge S Arthur Spiegel on 1/15/2009. (km1, )
RESPONSE in Opposition by Plaintiff USA, as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [734] MOTION for New Trial (Porter, Anne) Modified to clarify docket text on 1/19/2009 (scot1, ).
MOTION for Forfeiture of Property (Final Order) by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Grimes, Deborah)
OPINION AND ORDER granting [725] Second Motion to Amend Preliminary Order of Forfeiture to Include Substitute Assets. The Court DECLARES that the assets of Boland Naturals, Inc, constitute substitute property within the scope of 21 USC Section 853(p), DECLARES that Defendants Steven Warshak, Harriet Warshak, and Berkeley Premium Nutraceuticals forfeit right, title and interest to the Boland assets and directs the government to prepare and file forthwith an amended Preliminary Order, consistent with this decision for the Court's signature. The Court further ORDERS the government to provide the requisite public notice of the amended Preliminary Order so as to protect the interests of any third parties. This ruling shall be subject to further order of the Court. Signed by Judge S Arthur Spiegel on 1/14/2009. (km1, )
NOTICE of Filing of Report of Sale by the Bankruptcy Trustee as to Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Exhibit Exhibit A - Report of Sale) (Nelson, Richard)
Order on motion for extension of time to file Response/Reply
ORDER granting in part [740] Petitioner Dr. Carrie Warshak's Motion for Extension of Time to File Response to United States' Motion for Summary Judgment, to the extent that it RESETS the deadline for Petitioner to respond to the government's Motion for Summary Judgment [736] to 1/20/2009 and SETS the deadline for government's response to 1/23/2009. Signed by Judge S Arthur Spiegel on 1/7/2009. (km1, )
RESPONSE in OPPOSITION to Motion by Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [740] MOTION for Extension of Time to File Response/Reply New date requested 1/21/2009. (Wiethe, Donetta) Modified on 1/6/2009 to edit text(srj1, ). Modified docket text on 1/8/2009 (jweb1, ).
Motion for Extension of Time to File Response/Reply
MOTION for Extension of Time to File Response/Reply New date requested 1/21/2009. TO RESPOND TO [736] GOVERNMENT'S MOTION FOR SUMMARY JUDGMENT by Carrie Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Lieberman, Dennis)
REPLY TO RESPONSE to Motion by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Berkeley Premium Nutraceuticals, Inc. re [725] Second MOTION to Amend/Correct [418] Order for Forfeiture of Property to Include All of the Assets of Boland Naturals, Inc. (Grimes, Deborah) Modified to clarify text on 12/31/2008 (mr1, ).
RESPONSE in Opposition [725] Second MOTION to Amend/Correct 418 Order for Forfeiture of Property to Include All of the Assets of Boland Naturals, Inc by by Interested Party Berkeley Premium Nutraceuticals Class Victims, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C) (Brinkman, Kathleen) Modified on 12/23/2008 to edit text (srj1, ).
Response re [726] ORDER re [725] Second MOTION to Amend 418 Preliminary Order for Forfeiture of Property to Include All of the Assets of Boland Naturals, Inc filed by Steven E Warshak. (srj1, )
MOTION Summary Judgment against Petitioner, Dr. Carri Warshak, individually and as guardian to her minor children by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit) (Wiethe, Donetta)
RESPONSE in Opposition by Defendants Steven E Warshak, Harriet Warshak, Steven E Warshak, Harriet Warshak as to Steven E Warshak, Harriet Warshak re [725] MOTION to Amend/Correct [418] Order for Forfeiture of Property MOTION to Amend/Correct [418] Order for Forfeiture of Property (Weinberg, Martin)
NOTICE of Settlement Agreement between the United States and Bank of America as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta)
NOTICE of Stipulation to Foreclosure of 5150 Rollman Estates between the United States and Bank of America as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta)
NOTICE of Stipulation to Foreclosure of 5140 Rollman Estates Drive between the United States and Bank of America as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta)
ORDER granting [727] Motion to Travel as to Steven P. Pugh (5). Defendant is hereby permitted to travel for the holidays to Ft. Myers Beach, Florida from Friday, 12/19/2008 through Sunday, 1/4/2009. Prior to commencement of travel, the Defendant shall ensure that Pretrial Services is provided a specific travel itinerary, including addresses and telephone numbers where he will stay. Signed by Judge S Arthur Spiegel on 12/16/2008. (km1, )
NOTICE of Settlment Agreement with Hallmark Homes and John Hall as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta)
ORDER re [725] Second MOTION to Amend [418] Preliminary Order for Forfeiture of Property to Include All of the Assets of Boland Naturals, Inc. Upon review, the Court intends on disposing of this matter on an expedited basis. Accordingly, the Court establishes the following briefing schedule: (1) Defendants shall file any memoranda in opposition to United States' motion no later than Monday, 12/22/2008; and (2) The United States shall file its reply memorandum in support of its motion no later than Tuesday, 12/30/2008. The Court will consider United States' motion upon completion of briefing. The Clerk shall serve a copy of this Order on Defendant Steve Warshak at FCI Gilmer, WV. Signed by Judge S Arthur Spiegel on 12/9/2008. (km1, )
Second MOTION to Amend/Correct [418] Order for Forfeiture of Property to Include All of the Assets of Boland Naturals, Inc. by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc.. (Attachments: # (1) Affidavit Declaration of Alejandro E. Almaguer) (Grimes, Deborah)
NOTICE of Deposition Duces Tecum of James Doyle on December 8, 2008 at 1:30 p.m. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Grimes, Deborah)
NOTICE of Deposition Duces Tecum of Carri Warshak on December 5, 2008 at 10:00 a.m. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta)
NOTICE of Deposition Duces Tecum of Carri Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta)
ORDER granting [717] Chapter 11 Trustee's Motion for Stay of Forfeiture Order and Imposition of Fine as to Berkeley Premium Nutraceuticals, Inc. (8). the Court hereby EXTENDS the stay previously imposed at sentencing [650] as it relates to Berkeley's operating account, until 1/31/2009. Signed by Judge S Arthur Spiegel on 11/25/2008. (km1, )
ORDER as to Berkeley Premium Nutraceuticals, Inc. re [717] MOTION to Extend Stay of Forfeiture Order and Imposition of Fine re [650] Sentencing filed by Chapter 11 Bankruptcy Trustee Richard D Nelson. In order to permit the Court sufficient time to rule on this matter prior to the expiration of the current stay on 11/25/2008, the Court hereby DIRECTS the United States and any other interested party to file its opposition with the Court no later than Thursday, 11/20/2008. Any reply memoranda in support of the motion shall be filed no later than 11/24/2008. The Court will then consider the matter and issue a ruling forthwith. Signed by Judge S Arthur Spiegel on 11/13/2008. (km1, )
RESPONSE to Motion by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [717] MOTION Motion to Extend Stay of Forfeiture Order and Imposition of Fine re [650] Sentencing,,,,,, (Wiethe, Donetta)
MOTION Motion to Extend Stay of Forfeiture Order and Imposition of Fine re [650] Sentencing,,,,,, by Richard D Nelson as to Berkeley Premium Nutraceuticals, Inc.. (Rafferty, Donald)
OPINION AND ORDER denying [678] Motion for Order Protecting Victim Rights Under Settlements as to Steven E Warshak (1), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 11/11/2008. (km1, )
NOTICE of Deposition Duces Tecum of Cindy Hall as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Grimes, Deborah)
NOTICE of Deposition Duces Tecum of John Hall as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Grimes, Deborah)
NOTICE of Deposition Duces Tecum of James Doyle as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta)
NOTICE of Deposition Duces Tecum of Carri Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta)
ORDER - Pursuant to the status conference held 10/30/2008 between counsel for Petitioners Carrie Warshak and John Hall and counsel for the United States, the Court VACATES the 12/11/2008 hearing on ancillary forfeiture proceedings and RESETS this matter for 2/10/2009 at 9:30 AM. Signed by Judge S Arthur Spiegel on 11/3/2008. (km1, )
REPORT AND ORDER ON OFFENDER UNDER SUPERVISION as to TCI Media, Inc. The Court concurs with the recommendation of the Probation Officer; Defendant to be continued on probation with the probation officer to monitor the corporation and advise Court if any assets owned by the corporation are discovered. Signed by Judge S Arthur Spiegel on 10/30/2008. (km1, )
Set/Reset Hearings: Hearing on Ancillary Forfeiture Proceedings RESET for 2/10/2009 09:30 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
Filed: None, Entered: None
USCA Case Number
USCA Case Number as to Harriet Warshak (002) is 08-4429 for [696] Notice of Appeal - Final Judgment filed by Harriet Warshak. Jill Colyer - Case Manager (mr1, )
OPINION AND ORDER denying [670] Motion to Stay Third-Party Forfeiture Proceedings Pending Appeal by Petitoner Carrie Warshak. Signed by Judge S Arthur Spiegel on 10/30/2008. (km1, )
NOTICE of Deposition Duces Tecum (J.B. Hall) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Grimes, Deborah)
NOTICE of Deposition Duces Tecum (Cindy Hall) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Grimes, Deborah)
NOTICE of Deposition Duces Tecum (Harriet Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta)
NOTICE of Deposition Duces Tecum (James Doyle) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta)
NOTICE of Deposition Duces Tecum as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta)
[FORMER DOCUMENT 700] NOTICE OF ATTORNEY APPEARANCE: Richard Dunbar Nelson appearing for Berkeley Premium Nutraceuticals, Inc. (Nelson, Richard) Modified to remove pdf on 10/22/2008 (mtw1, ).
REPLY TO RESPONSE to Motion by Interested Party Berkeley Premium Nutraceuticals Class Victims, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [678] MOTION for Victim Rights (Brinkman, Kathleen)
TRANSCRIPT REQUEST of Sentencing by Defendants Harriet Warshak, Harriet Warshak as to Harriet Warshak for proceedings held on 08/27/2008 before Judge Spiegel. (Pinales, Martin)
NOTICE OF APPEAL by Defendants Harriet Warshak, Harriet Warshak as to Harriet Warshak re [695] Order on Motion for New Trial Filing fee $ 455. (Pinales, Martin)
OPINION AND ORDER denying [645] Motion for New Trial Based on Newly Discovered Evidence as to Harriet Warshak (2). Signed by Judge S Arthur Spiegel on 10/8/2008. (km1, )
RESPONSE to Motion by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [678] MOTION for Victim Rights (Porter, Anne)
ORDER as to Paul J. Kellogg - pursuant to the status conference held 9/25/2008, the Court determines in the interests of justice that the Defendant report to the Bureau of Prisons to begin his sentence on 1/15/2009. Accordingly, the Court SETS such date for Defendant Kellogg to report to the facility to be determined by the Bureau of Prisons. Signed by Judge S Arthur Spiegel on 9/25/2008. (km1, )
ORDER as to Steven E Warshak denying Defendant's Pro Se Expedited Motion for Stay of Self-Report Pending Conclusion of FTC v. Warshak, 1:06-cv-00051 (doc. 47 in 1:06-cv-00051). Signed by Judge S Arthur Spiegel on 9/23/2008. (km1, ) Modified Docket Text on 9/23/2008 (km1, ).
Response in Opposition to [670] Claimants' Motion to Stay Proceedings as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Porter, Anne)
NOTICE as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [585] NOTICE OF APPEAL docketed as Notice (Other) on 7/23/08. $455 payment made 9/19/08, Receipt No. 100CIN003086. (mr1, )
NOTICE OF HEARING as to Paul J. Kellogg: Status Conference re Execution of Sentence set for 9/25/2008 02:00 PM in chambers before Judge S Arthur Spiegel. (km1, )
ORDER denying as moot [672] Motion for Appointment of a Receiver Pursuant to 18 U.S.C. Section 1956(b)(4) as to Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 9/16/2008. (km1, )
Minute Entry for proceedings held before Judge S Arthur Spiegel: Motion Hearing as to Berkeley Premium Nutraceuticals, Inc. held on 9/16/2008 re [672] MOTION for Appointment of a Federal Receiver Pursuant to 18 U.S.C. 1956(b)(4) as to Berkeley Premium Nutraceuticals filed by USA. Counsel, Corporate Representative Jason Broome and Defendant Steven Warshak present. Arguments heard. Monitor Richard Nelson and counsel for Class Victims address the Court. In light of Berkeley Premium Nutraceutical's filing of a Voluntary Petition for Chapter 11 Bankruptcy, the government hereby WITHDRAWS their motion for appointment of a receiver. The Court further orders that the $100,000 retainer paid to bankruptcy counsel be returned immediately to the operating account for BPN. Class counsel orally moves the Court to reconsider restitution. The Court denies this motion, and advises class counsel that they may participate in ancillary forfeiture proceedings as to any interests of the class victims. Written opinion to follow. (Court Reporter Jodie Perkins (Official).) (km1, )
RESPONSE in Opposition by Plaintiff USA, Defendant Harriet Warshak as to Harriet Warshak re [645] MOTION for New Trial Based on Newly Discovered Evidence (Porter, Anne)
NOTICE OF WITHDRAWAL of Defendant Steven Warshak's Opposition to Government's Motion for Appointment of Receiver [679] by Steven E Warshak. (Weinberg, Martin) Modified Docket Text on 9/15/2008 (km1, ).
NOTICE of Proof of Publication of the Second Preliminary Order of Forfeiture as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Affidavit of Allen Martin) (Porter, Anne)
NOTICE OF HEARING as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Ancillary Forfeiture Proceedings as to all Third-Party Interests set for 12/11/2008 09:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
REPLY TO RESPONSE to Motion by Plaintiff USA as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. re [672] MOTION Appointment of a Federal Receiver Pursuant to 18 U.S.C. 1956(b)(4) (Porter, Anne)
NOTICE OF VERIFIED PETITION OF CARRIE R. WARSHAK as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Lieberman, Dennis)
NOTICE OF HEARING ON MOTION as to Berkeley Premium Nutraceuticals, Inc. re [672] MOTION Appointment of a Federal Receiver Pursuant to 18 U.S.C. 1956(b)(4): Motion Hearing set for 9/16/2008 09:30 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
RESPONSE in Opposition by Defendants Steven E Warshak, Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. re [672] MOTION Appointment of a Federal Receiver Pursuant to 18 U.S.C. 1956(b)(4) Opposition to Government Motion for Appointment of Federal Receiver (Goldstein, Robert)
MOTION for Victim Rights by Berkeley Premium Nutraceuticals Class Victims as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Brinkman, Kathleen)
USCA Appeal Fees received $ 455, receipt number 100CIN002960 as to Berkeley Premium Nutraceuticals, Inc. re [673] Notice of Appeal - Final Judgment. (mr1, )
NOTICE OF APPEAL by Defendants Berkeley Premium Nutraceuticals, Inc., Berkeley Premium Nutraceuticals, Inc. as to Berkeley Premium Nutraceuticals, Inc. Filing fee $ 455. (Goldstein, Robert)
MOTION to Stay Third-Party Forfeiture Proceedings Pending Appeal by Carrie Warshak as to Steven E Warshak. (Lieberman, Dennis) Modified Docket Text to Clarify on 9/2/2008 (km1, ).
JUDGMENT as to Steven P. Pugh (5), Count(s) 111, Sentenced to Twelve (12) months and One (1) Day imprisonment; Supervised Release: Three (3) Years; Fine: None; Restitution: None; Special Assessment: $100. Signed by Judge S Arthur Spiegel on 8/29/2008. (km1, )
JUDGMENT as to Paul J. Kellogg (3), Count(s) 30-31, 96-97, 111-112, Sentenced on One (1) Year and One (1) Day imprisonment on Counts 30, 96-97; on Count 31; and on Counts 111-112, all sentences to be served concurrently; followed by three (3) years supervised release on Counts 30-31, 96-97, 111-112, all terms to be served concurrently. Fine: None; Restitution: None; Special Assessment: $600; Forfeiture: All right, title and interest of Paul J. Kellogg in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Paul J. Kellogg. It is further Ordered that Paul J. Kellogg forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak. All right, title and interest of Paul J. Kellogg in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States. The Second Preliminary Order of Forfeiture today becomes final as to the Defendant Paul Kellogg. Signed by Judge S Arthur Spiegel on 8/29/2008. (km1, )
Minute Entry for proceedings held before Judge S Arthur Spiegel:Sentencing held on 8/29/2008 for Paul J. Kellogg (3). Deft present with counsel. Sentenced as follows: Count(s) 30-31, 96-97, 111-112, Sentenced to One (1) Year and One (1) Day imprisonment on Counts 30, 96-97; on Count 31; and on Counts 111-112, all sentences to be served concurrently; followed by Three (3) years supervised release on Counts 30-31, 96-97, 111-112, all terms to be served concurrently. Fine: None; Restitution: None; Special Assessment: $600; Forfeiture: All right, title and interest of Paul J. Kellogg in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Paul J. Kellogg. It is further Ordered that Paul J. Kellogg forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak. All right, title and interest of Paul J. Kellogg in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States.The Second Preliminary Order of Forfeiture today becomes final as to the Defendant Paul Kellogg. Upon oral motion of the Defendant, the Court permits the Defendant to remain free on his current bond pending final disposition of his appeal. (Court Reporter Jodie Perkins (Official).) (km1, )
Minute Entry for proceedings held before Judge S Arthur Spiegel: Defendant present with counsel. Sentencing held on 8/28/2008 for Steven P. Pugh (5). Count(s) 111: Sentenced to Twelve (12) months and One (1) Day imprisonment; Supervised Release: Three (3) Years; Fine: None; Restitution: None; Special Assessment: $100. Permitted to remain free on bond pending final disposition of appeal, upon oral motion of the Defendant. (Court Reporter Jodie Perkins (Official).) (mr1, ) Modified Docket Text on 8/29/2008 (km1, ).
JUDGMENT as to TCI Media, Inc. (7), Count(s) 57-73, 79, 83, 91-93, Sentenced to 5 years Probation. During this time, Defendant shall comply with a compliance plan to be developed by the U.S. Attorney with the Probation Office. Fine: $160,000; Special Assessment: $6,400.00 ($100 each count). Forfeiture: All right, title and interest of TCI Media, Inc. in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant TCI Media, Inc. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. Signed by Judge S Arthur Spiegel on 8/28/2008. (km1, )
JUDGMENT as to Berkeley Premium Nutraceuticals, Inc. (8), Count(s) 1, 2-13, 29, 110, Sentenced to 5 years Probation, during this time Defendant shall comply with a compliance plan to be developed by the U.S. Attorney, Probation Office and Federal Trade Commission. Fine: $15,000,000.00, in installment payments of $250,000.00 per month; Special Assessment: $6,000.00 ($100 each count); Forfeiture: All right, title and interest of Berkeley Premium Nutraceuticals in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Berkeley Premium Nutraceuticals. It is further Ordered that Berkeley Premium Nutraceuticals shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. Imposition of forfeiture is hereby STAYED as it relates to the corporations operating account for 90 days. Imposition of the fine is also STAYED for 90 days. Signed by Judge S Arthur Spiegel on 8/28/2008. (km1, )
ORDER as to Harriet Warshak granting in forma pauperis status on appeal. At the request of the Defendant, the Court further RECOMMENDS to COFA Sixth Circuit that current retained counsel, Martin Pinales, Esq., be appointed to represent the Defendant on appeal. Signed by Judge S Arthur Spiegel on 8/27/2008. (km1, )
JUDGMENT as to Harriet Warshak (2), Count(s) 1, 27, 30, 31, 99-101, 107, Sentenced to Twenty-four (24) months imprisonment on Counts 1, 27, 30-31, 99-101 and 107, all sentences to run concurrently; 3 years Supervised Release on Counts 1, 27, 30-31, 99-101 and 107, all terms to be served concurrently; $800 Special Assessment ($100 each count); All right, title and interest of Harriet Warshak in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Harriet Warshak. It is further ORDERED that Harriet Warshak shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Steven E. Warshak and Berkeley Premium Nutraceuticals, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. It is ORDERED that Harriet Warshak forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Steven E. Warshak and Paul Kellogg. All right, title and interest of Harriet Warshak in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States. Signed by Judge S Arthur Spiegel on 8/27/2008. (km1, )
JUDGMENT as to Steven E Warshak (1), Count(s) 1, 2-13, 15, 23, 27, 29, 30, 31, 32-98, 102-108, 112, Sentenced to 25 years imprisonment on Counts 1, 15, 23, 27; 240 months imprisonment on Counts 2-13, 30, 32-98, 102-108; 180 months imprisonment on Count 29; 120 months imprisonment on Count 31; 60 months imprisonment on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-108, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); All right, title and interest of Steven Warshak in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Steven Warshak. It is further ORDERED that Steven Warshak shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Harriet. Warshak and Berkeley Premium Nutraceuticals, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. It is ORDERED that Steven Warshak forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Harriet Warshak and Paul Kellogg. All right, title and interest of Steven Warshak in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States. Signed by Judge S Arthur Spiegel on 8/27/2008. (km1, )
Minute Entry for proceedings held before Judge S Arthur Spiegel: Defendant (Corporate Representative Steven E. Warshak) present with counsel. Sentencing held on 8/27/2008 for TCI Media, Inc. (7), Count(s) All. Sentenced to 5 years Probation, during this time Defendant shall comply with a compliance plan to be developed by the U.S. Attorney with the Probation Office. Fine: $160,000; Special Assessment: $6,400.00 ($100 each count). Forfeiture: All right, title and interest of TCI Media, Inc. in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant TCI Media, Inc. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. The Court Orders that a corporate representative be appointed to represent Steven Warshak in his absence. Defendant's oral motion to stay imposition of forfeiture and fine is DENIED.(Court Reporter Jodie Perkins (Official).) (mr1, )
Minute Entry for proceedings held before Judge S Arthur Spiegel: Defendant (Corporate Representative Jason Broome) present with counsel. Sentencing held on 8/27/2008 for Berkeley Premium Nutraceuticals, Inc. (8). Count(s) All. Sentenced to 5 years Probation, during this time Defendant shall comply with a compliance plan to be developed by the U.S. Attorney, Probation Office and Federal Trade Commission. Fine: $15,000,000.00, in installment payments of $250,000.00 per month; Special Assessment: $6,000.00 ($100 each count); Forfeiture: All right, title and interest of Berkeley Premium Nutraceuticals in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Berkeley Premium Nutraceuticals. It is further Ordered that Berkeley Premium Nutraceuticals shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. Imposition of forfeiture is hereby STAYED as it relates to the corporations operating account for 90 days. Imposition of the fine is also STAYED for 90 days. (Court Reporter Jodie Perkins (Official).) (mr1, )
Minute Entry for proceedings held before Judge S Arthur Spiegel: Defendant present with counsel. Sentencing held on 8/27/2008 for Steven E Warshak (1), Count(s) 1, 2-13, 15, 23, 27, 29-98, 102-108, 112. Sentenced to 25 years imprisonment on Counts 1, 15, 23, 27; 240 months imprisonment on Counts 2-13, 30, 32-98, 102-108; 180 months imprisonment on Count 29; 120 months imprisonment on Count 31; 60 months imprisonment on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-108, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); All right, title and interest of Steven Warshak in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Steven Warshak. It is further ORDERED that Steven Warshak shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Harriet. Warshak and Berkeley Premium Nutraceuticals, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. It is ORDERED that Steven Warshak forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Harriet Warshak and Paul Kellogg. All right, title and interest of Steven Warshak in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States. Defendant to voluntarily surrender to designated BOP facility no later than September 29, 2008 at 12:00 pm. The Court imposes Electronic Monitoring as a condition of Bond during period while awaiting self-surrender. The Court recommends to the BOP that Defendant be designated to the closest appropriate facility to Cincinnati, Ohio. (Court Reporter Jodie Perkins, Official.) (mr1, )
Minute Entry for proceedings held before Judge S Arthur Spiegel: Defendant present with counsel. Sentencing held on 8/27/2008 for Harriet Warshak (2), Count(s) 1, 27, 30-31, 99-101 and 107. Sentenced to Twenty-four (24) months imprisonment on Counts 1, 27, 30-31, 99-101 and 107, all sentences to run concurrently; 3 years Supervised Release on Counts 1, 27, 30-31, 99-101 and 107, all terms to be served concurrently; $800 Special Assessment ($100 each count); All right, title and interest of Harriet Warshak in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Harriet Warshak. It is further ORDERED that Harriet Warshak shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Steven E. Warshak and Berkeley Premium Nutraceuticals, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. It is ORDERED that Harriet Warshak forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Steven E. Warshak and Paul Kellogg. All right, title and interest of Harriet Warshak in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States. Defendant to be permitted to remain free on bond pending appeal.(Court Reporter Jodie Perkins, Official.) (mr1, )
REPLY TO RESPONSE to Motion by Interested Party Berkeley Premium Nutraceuticals Class Victims, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [603] MOTION Restitution (Brinkman, Kathleen)
Minute Entry for proceedings held before Judge S Arthur Spiegel:Evidentiary Hearing re Sentencing Issues as to Paul J. Kellogg held on 8/26/2008. Defendant present with counsel. Testimony presented by Defendant. Closing arguments heard. Matter taken under advisement. Courts decision to be rendered at time of sentencing on 8/29/2008. (Court Reporter Jodie Perkins (Official).) (km1, )
ORDER granting [631] Motion for Leave to File Motion for Bail Pending Appeal in Excess of 20 Pages in Length as to Steven E Warshak (1). Signed by Judge S Arthur Spiegel on 8/24/2008. (km1, )
OPINION AND ORDER denying [586] Joint Motion for Reconsideration of this Court's Opinion and Order Denying Judgment of Acquittal or New Trial on the Money Laundering Counts as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 8/26/2008. (km1, )
RESPONSE to Motion by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [603] MOTION Restitution (Porter, Anne)
Reply re [632] Notice (Other), Notice (Other) to Response of US to this Defendants Notice of Testimony as to Paul J. Kellogg (Attachments: # (1) Exhibit PK-X6, # (2) Exhibit PK-Y6) (Greer, David)
Response re [632] Notice (Other), Notice (Other) [Response of the United States to Defendant Paul Kellogg's Notice of Testimony] as to Paul J. Kellogg (Porter, Anne)
RESPONSE in Opposition by Plaintiff USA re [639] Motion for Bail Pending Appeal as to Steven E Warshak (Kadon, Karl) Modified Docket Text on 8/26/2008 (km1, ).
MOTION for Leave to File Defendant Steven Warshak's Motion for Leave to File Motion for Bail Pending Appeal and Supporting Memorandum Which Exceeds Twenty Pages in Length by Steven E Warshak. (Attachments: # (1) Motion for Bail Pending Appeal) (Weinberg, Martin)
Notice of Correction re: [630] SENTENCING MEMORANDUM by Defendant Steven E Warshak as to Interested Party Greg J Cossman. The PDF has been removed by Clerk. This sentencing memorandum was filed on behalf of Greg Cossman. Cousel has been directed to refile this document utilizing Mr. Crossman's case which is 1:06-cr-00014. (srj1, )
NOTICE of Proof of Publication as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Affidavit in Proof of Publication for the San Diego Commerce) (Porter, Anne)
OPINION AND ORDER granting in part [617] Motion for In Camera Inspection by the Court of the Presentence Reports of Cooperating Witnesses for Exculpatory Evidence, to the extent that it has reviewed the Presentence Investigation Reports in camera; however, the Court further denies in part such motion to the extent that it declines to disclose any portion of the reports to Defendants; granting [618] Motion to Join Pertinent Sentencing Arguments Made by Co-Defendant Berkeley Premium Nutraceuticals to Steven E Warshak (1). Signed by Judge S Arthur Spiegel on 8/19/2008. (km1, )
REPLY TO RESPONSE to [586] Joint MOTION for Reconsideration by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc. (Pinales, Martin) Modified on 8/18/2008 to edit text(srj1, ).
Certificate of Service by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. of Direct Notice of the Second Preliminary Order of Forfeiture to Potential Third Party Petitioners (Attachments: # (1) Exhibit Certified Mail Return Receipt) (Porter, Anne)
OPINION AND ORDER holding in abeyance pending sentencing [573] Joint Motion for Stay of Money Judgment and Substitute Asset Orders Pending Appeal; granting [574] Motion for Extension of Time in Which To Respond to Discovery Requests by the Government as to Claimants Cynthia and John Hall Individually, and John Hall as a Member of Hallmark Homes LLC, and Carrie Warshak Individually and as Guardian for Her Children. Claimants shall so respond by Friday 9/12/2008. Signed by Judge S Arthur Spiegel on 8/14/2008. (km1, )
RESPONSE to Motion by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [617] MOTION (Porter, Anne)
ORDER granting [621] Motion for Leave to File Exhibits B, C, D and E to Her Sentencing Memorandum Under Seal as to Harriet Warshak (2). Counsel for Defendant is hereby DIRECTED to submit these exhibits forthwith to the Clerk of Court for manual filing under seal. At the time of filing, counsel shall also provide to the Clerk an electronic version of these exhibits in.pdf format for docketing purposes. Counsel for Defendant is also DIRECTED to provide copies of these exhibits to the United States Probation Officer and counsel for the United States. Signed by Judge S Arthur Spiegel on 8/14/2008. (km1, )
MOTION to Seal Document Exhibits B, C, D & F of Sentencing Memorandum by Harriet Warshak. (Attachments: # (1) Text of Proposed Order) (Pinales, Martin)
SENTENCING MEMORANDUM by Defendants Harriet Warshak, Harriet Warshak as to Harriet Warshak (Attachments: # (1) Exhibit A (Letters from Family and Friends), # (2) Exhibit E (Article)) (Pinales, Martin)
MOTION for Joinder Defendant Steven Warshak's Motion to Join Pertinent Sentencing Arguments Made by Codefendant Berkeley Premium Nutraceuticals, Inc. by Steven E Warshak. (Weinberg, Martin)
MOTION for In Camera Inspection by the Court of the Presentence Reports of Cooperating Witnesses for Exculpatory Evidence and Incorporated Memorandum of Law by Steven E Warshak, Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin)
ORDER granting [614] Motion for Leave to File Exhibit A to The Sentencing Memorandum Under Seal as to Berkeley Premium Nutraceuticals, Inc. (8). Counsel for Defendant is hereby DIRECTED to submit this exhibit forthwith to the Clerk of Court for manual filing under seal. At the time of filing, counselshall also provide to the Clerk an electronic version of this exhibit in.pdf format for docketing purposes. Counsel for Defendant is also DIRECTED to provide copies of this exhibit to the United States Probation Officer and counsel forthe United States. Signed by Judge S Arthur Spiegel on 8/12/2008. (km1, )
MOTION to File Exhibit A to Berkeley Premium Nutraceuticals, Inc. Sentencing Memorandum Under Seal by Berkeley Premium Nutraceuticals, Inc.. (Goldstein, Robert) Modified Docket Text on 8/12/2008 (km1, ).
SENTENCING MEMORANDUM by Defendants Berkeley Premium Nutraceuticals, Inc., Berkeley Premium Nutraceuticals, Inc. as to Berkeley Premium Nutraceuticals, Inc. (Goldstein, Robert)
REPLY TO RESPONSE to Motion by Defendants Steven E Warshak, Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. re [573] MOTION FOR STAY OF MONEY JUDGMENT AND SUBSTITUTE ASSET ORDERS PENDING APPEAL Defendants' Reply to United States' Response in Opposition to Defendants' Joint Motion for Stay of Money Judgment and Substitute Asset Orders Pending Appeal (Weinberg, Martin)
RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [586] MOTION for Reconsideration (Porter, Anne)
OPINION AND ORDER denying [559] Motion for Release of Brady Materials as to Steven E Warshak (1), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8); denying [560] Motion for Release of Brady Materials as to Paul J. Kellogg (3). (8). Signed by Judge S Arthur Spiegel on 8/7/2008. (km1, )
OPINION AND ORDER granting [590] Motion for Extension of Time to File Sentencing Memorandum as to Berkeley Premium Nutraceuticals, Inc. (8); granting [591] Motion to Clarify Sentencing Memorandum Deadline or in the alternative to Enlarge Time to File Sentencing Memorandum as to Harriet Warshak (2); granting [602] Motion for Extension of Time to File Sentencing Memorandum as to Steven P. Pugh (5); granting [601] Motion to Join Pertinent Sentencing Arguments Submitted by Co-Defendants as to Berkeley Premium Nutraceuticals, Inc. (8). The Court ORDERS Defendant BPN to file its sentencing memorandum by 8/11/2008, Defendant Steven Pugh to file his sentencing memrandum by 8/12/2008, and Defendant Harriet Warshak to file her sentencing memorandum by 8/13/2008. Defendant TCI, and all the cooperating Defendants, James Teegarden, Shelley Kinmon, Greg Cossman, Sue Cossman, Samuel Grote, William Bertemes, and Michael Wagner should file any sentencing memoranda on or before 8/20/2008. Signed by Judge S Arthur Spiegel on 8/6/2008. (km1, )
NOTICE of Filing Local Rule 7.2 Table of Contents and Summary of Authorities as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [600] Sentencing Memorandum, (Attachments: # (1) Supplement Table of Contents, # (2) Supplement Summary of Authorities) (Fleisher, James)
SUPPLEMENTAL SENTENCING MEMORANDUM by Defendant Paul J. Kellogg. (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Fleisher, James) Modified Docket Text to Clarify on 8/6/2008 (km1, ).
SENTENCING MEMORANDUM by Defendants Steven E Warshak, Steven E Warshak as to Steven E Warshak (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I) (Weinberg, Martin)
ORDER granting [598] Motion for Leave to File Sentencing Memorandum Which Exceeds Twenty Pages In Length as to Steven E Warshak (1). Counsel for Defendant is hereby DIRECTED to electronically file the Sentencing Memorandum with the Court forthwith. Signed by Judge S Arthur Spiegel on 8/5/2008. (km1, )
ORDER granting [599] Motion for Leave to File Sentencing Memorandum in Excess of 20 Pages and Motion to File Instanter as to Paul J. Kellogg (3). Defendant's Sentencing Memorandum [600] is hereby accepted for filing as tendered on 8/1/2008. Signed by Judge S Arthur Spiegel on 8/5/2008. (km1, )
MOTION Restitution by Berkeley Premium Nutraceuticals Class Victims as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # (1) Exhibit Attachment A, # (2) Exhibit Attachment B, # (3) Exhibit Attachment C) (Brinkman, Kathleen)
Notice of Correction re [596] Sentencing Memorandum - PDF has been removed by Clerk due to being filed in duplication as [597] Sentencing Memorandum per counsel verification. (srj1, )
SENTENCING MEMORANDUM by Defendant Paul J. Kellogg as to Paul J. Kellogg. (Attachments: # (1) Exhibit A, # (2) Exhibit A, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Exhibit D) (Fleisher, James) Modified Docket Text to Clarify on 8/4/2008 (km1, ).
MOTION for Leave to File Sentencing Memorandum in Excess of 20 Pages and Motion to File Instanter Local Rule 7.2 Summary and Tables by Paul J. Kellogg as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Fleisher, James)
SENTENCING MEMORANDUM by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Exhibit) (Porter, Anne)
SENTENCING MEMORANDUM by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Exhibit 1) (Porter, Anne)
RESPONSE in Opposition by Plaintiff USA as to Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [573] MOTION FOR STAY OF MONEY JUDGMENT AND SUBSTITUTE ASSET ORDERS PENDING APPEAL (Porter, Anne)
RESPONSE in Opposition by Plaintiff USA as to Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [559] MOTION for Release of Brady Materials, [560] MOTION for Release of Brady Materials [SURREPLY TO DEFENDANTS' UNREDACTED REPLY TO UNITED STATES' RESPONSE TO DEFENDANTS' BRADY MOTION] (Porter, Anne)
REPLY TO RESPONSE to Motion by Defendants Harriet Warshak, Harriet Warshak as to Harriet Warshak re [591] MOTION for Clarification of Sentencing Memo Deadline or in the Alternative MOTION for Extension of Time to File New date requested 8/13/2008. (Crouse, Candace)
RESPONSE in OPPOSITION to [591] MOTION for Clarification of Sentencing Memo Deadline or in the Alternative MOTION for Extension of Time to File New date requested 8/13/2008 and # [590] MOTION for Extension of Time to File New date requested 8/11/2008. Sentencing memorandum [Memorandum in Opposition to Defendants' Motions] filed by Plaintiff USA (Porter, Anne) Modified on 8/4/2008 to edit text (srj1, ).
MOTION for Clarification of Sentencing Memo Deadline or in the Alternative, MOTION for Extension of Time to File New date requested 8/13/2008. by Harriet Warshak. (Crouse, Candace)
ORDER re Sentencing Schedule as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. The Court finds it appropriate to compress the calendar, and resets the sentencing schedule as follows: On Wednesday, 8/27/2008, all of the Defendants in this case, as well as all of those who entered pleas in the related cases, are to be present before the Court at 9:00 AM. Immediately after the Court addresses all of the parties, the Court shall commence with the sentencing of Defendants Steven Warshak, Berkeley Premium Nutraceuticals Inc., TCI Media Inc., and Harriet Warshak; on Thursday, 8/28/2008 at 9:30 AM, the Court will commence with the sentencing of James Teegarden, followed by that of Shelley Kinmon, Greg Cossman and Sue Cossman. In the afternoon, at 2:00 PM, the Court will sentence Defendant Steven Pugh, William Bertemes, Samuel Grote and Michael Wagner; on Friday, 8/29/2008 at 9:30 AM, the Court will sentence Defendant Paul Kellogg, The evidentiary hearing for Defendant Kellogg remains as previously scheduled for 8/26/2008 at 9:30 AM. Accordingly, the Court hereby VACATES the previous sentencing schedules and RESETS sentencing according to the schedule herein. Signed by Judge S Arthur Spiegel on 7/29/2008. (km1, )
RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [574] MOTION for Extension of Time to File Response/Reply New date requested 9/12/2008. Of Defendants' Cynthia And John Hall Individually, And John Hall As A Memeber Of Hallmark Homes, LLC; And Carrie Warshak Individually, And As Guardian For Her C (Porter, Anne)
Set/Reset Hearings as to Paul J. Kellogg: Sentencing RESET for 8/29/2008 09:30 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
Filed: None, Entered: None
set/reset hearings
Set/Reset Hearings as to Steven P. Pugh: Sentencing RESET for 8/28/2008 02:00 PM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
Filed: None, Entered: None
set/reset hearings
Set/Reset Hearings as to Steven E Warshak, Harriet Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Sentencing RESET for 8/27/2008 09:00 AM in Courtroom 842 before Judge S Arthur Spiegel. Sentencings will commence with Defendant Harriet Warshak immediately after the Court addresses all of the parties. (km1, )
Joint MOTION for Reconsideration OF THIS COURTS OPINION AND ORDER DENYING JUDGMENT OF ACQUITTAL OR NEW TRIAL ON THE MONEY LAUNDERING COUNTS by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # (1) Exhibit Cuellar Case) (Pinales, Martin)
NOTICE OF APPEAL as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [579] Order for Forfeiture of Property (Weinberg, Martin) Modified to update on 7/28/2008 (mr1, ).
ORDER re [559] MOTION for Release of Brady Materials. Inasmuch as Defendants have brought up new information in their Reply Memo [478], the Court finds it appropriate to ask the government to file a SurReply on or before Friday, 8/1/2008. Such SurReply shall constitute the final briefing as to this issue.The Court further notes that in its review of the Probation Department's presentence reports, Defendants have raised numerous objections. So as to assist the Court in arriving at just sentences in this case, the Court finds it appropriate to request the government to advise the Court forthwith whether it plans to file Section 5K Motions for downward departures for any of thedefendants. Signed by Judge S Arthur Spiegel on 7/22/2008. (km1, )
NOTICE Certificate of Service re [581] Amended Notice of Claim as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Purtell, William) Modified Docket Text on 7/21/2008 (km1, ).
STIPULATION AND ORDER re [579] Second Preliminary Order of Forfeiture. The United States and Defendant Berkeley Premium Nutraceuticals Inc hereby stipulate and agree that with respect to Fifth Third Bank Account ending in 9120 listed in paragraph 1(b) of the Second Preliminary Order of Forfeiture, Berkeley Premium Nutraceuticals Inc may continue to make use of that account for operating expenses in the ordinary and necessary course of business and to otherwise maintain the status quo of the company as authorized by the Court in its Order of 3/7/2008 [417], as amended [436] until further Order of the Court. Signed by Judge S Arthur Spiegel on 7/16/2008. (km1, )
NOTICE Amended Notice of Claim as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Exhibit Legal Description) (Purtell, William)
Joint MOTION STIPULATION ALLOWING BERKELEY PREMIUM NUTRACEUTICALS, INC. TO UTILIZE FIFTH THIRD BANK ACCOUNT ENDING IN 9120 UNTIL FURTHER ORDER OF THE COURT re [579] Order for Forfeiture of Property by USA, Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Phillips, John)
SECOND PRELIMINARY ORDER OF FORFEITURE as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. Signed by Judge S Arthur Spiegel on 7/15/2008. (km1, )
Notice of Correction as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re: [580] MOTION/STIPULATION. This document has removed from the docket and re-filed as Stipulation and Order [582] subsequent to the approval and signature of the Court. (km1, )
ORDER granting [575] Motion for Leave to File Reply Memorandum In Support of Motion for Brady Materials Under Seal. Counsel for Defendants are hereby DIRECTED to submit their unredacted version of the reply memorandum to the Clerk of Court for manual filing under seal. Counsel shall also prepare and electronically file forthwith, a redacted version of their reply memorandum, which is suitable for public access on the Court's docket. Signed by Judge S Arthur Spiegel on 7/15/2008. (km1, )
REPLY TO RESPONSE to Motion by Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. re [559] MOTION for Release of Brady Materials Defendants' Redacted Reply to Government Response to Defendants' Motion for Brady (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5) (Weinberg, Martin)
MOTION to File Reply Memorandum Under Seal by Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. (Weinberg, Martin) Modified on 7/15/2008 to edit text(srj1, ).
Motion for Extension of Time to File Response/Reply
MOTION for Extension of Time to File Response/Reply New date requested 9/12/2008. Of Defendants' Cynthia And John Hall Individually, And John Hall As A Memeber Of Hallmark Homes, LLC; And Carrie Warshak Individually, And As Guardian For Her Children To Extend The Time In Which To Respond To Discovery Requests By The Government by Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Lieberman, Dennis)
Joint MOTION FOR STAY OF MONEY JUDGMENT AND SUBSTITUTE ASSET ORDERS PENDING APPEAL WITH MEMORANDUM IN SUPPORT FILED by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Phillips, John)
OPINION AND ORDER granting [488] Motion to Amend Preliminary Order of Forfeiture to Include Proceeds and Money Laundering Money Judgment and Assets as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8), such that the Defendants involved in the mail, wire, and bank fraud conspiracy are jointly and severallyliable for $459,540,000.00 in a proceeds money judgment and Defendants Steven Warshak, Harriet Warshak, and Paul Kellogg are jointly and severally liable for $44,876,781.68 in a money laundering judgment. Defendants further forfeit right, title, and interest to substitute property to the extent that directlyforfeitable property does not satisfy the money judgments. The Court DIRECTS the government to prepare and file forthwith such an amended Preliminary Order, consistent with this decision, for the Courts signature. The Court further ORDERS the government to provide the requisite public notice of the amended Preliminary Order so as to protect the interests of any third parties; granting [561] Motion for an Evidentiary Hearing with Regards to Sentencing Issues as to Paul J. Kellogg (3), and SETS such hearing for 8/26/2008 at 9:30 AM. Defendant shall file in advance of such hearing an affidavit of any witness he intends to use at such hearing. Finally, taking into account that sentencing in this matter will take place in late August, the Court ORDERS that any sentencing memoranda be filed by 8/1/2008.. Signed by Judge S Arthur Spiegel on 7/8/2008. (km1, )
NOTICE OF ATTORNEY APPEARANCE: Dennis Alan Lieberman appearing for Steven E Warshak NOTICE OF APPEARANCE OF COUNSEL FOR CARRIE WARSHAK ON BEHALF OF HERSELF, INDIVIDUALLY AND AS GUARDIAN, MOTHER AND NEXT FRIEND OF HER MINOR CHILDREN, MICHAEL OSWALD, JESSE WARSHAK, ANNA WARSHAK AND NICHOLAS WARSHAK (Lieberman, Dennis)
NOTICE OF ATTORNEY APPEARANCE: Dennis Alan Lieberman appearing for Claimants JOHN HALL, HALLMARK HOMES, LLC (Lieberman, Dennis) Modified Docket Text on 7/7/2008 (km1, ).
Certificate of Service by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. of [418] the Preliminary Order of Forfeiture on Potential Third Party Petitioners (Attachments: # (1) Exhibit) (Porter, Anne)
ORDER granting [563] Motion to Travel as to Steven P. Pugh (5). Defendant is permitted to travel to Oswego, NY from 7/11/2008 through 7/14/2008 for the purposes of attending a memorial service. Signed by Judge S Arthur Spiegel on 7/2/2008. (km1, )
RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [559] MOTION for Release of Brady Materials (Porter, Anne)
Terminate Transcript Deadlines and Hearings as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: (cintemp1, )
RESPONSE to Motion by Plaintiff USA, Defendant Paul J. Kellogg as to Paul J. Kellogg re [561] MOTION for Hearing re Sentencing Evidentiary (Porter, Anne)
MOTION for Release of Brady Materials by Paul J. Kellogg as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Fleisher, James)
MOTION for Release of Brady Materials Defendants' Motion for Brady Materials by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # (1) Exhibit 1) (Weinberg, Martin)
Response re [418] Order for Forfeiture of Property Verified Petition and Request for Ancillary Hearing by Petitioner Bank of America, N.A. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Exhibit A-1, # (2) Exhibit A-2, # (3) Exhibit A-3, # (4) Exhibit A-4, # (5) Exhibit A-5, # (6) Exhibit B, # (7) Exhibit C-1, # (8) Exhibit C-2, # (9) Exhibit C-3, # (10) Exhibit C-4, # (11) Exhibit C-5) (Ulrich, Phyllis)
NOTICE of Apperance of Counsel for Claimant Bank of America, N.A. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Ulrich, Phyllis)
ORDER granting [554] Motion to Continue Sentencing Date as to Harriet Warshak (2). The current sentencing date of 8/27/2008 is hereby VACATED and RE-SCHEDULED to 8/28/2008 at 10:00 AM, to coincide with the sentencing of her son and co-defendant Steven E. Warshak. Signed by Judge S Arthur Spiegel on 6/17/2008. (km1, )
REPLY TO RESPONSE to Motion by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [488] MOTION to Amend/Correct [418] Order for Forfeiture of Property MOTION to Amend/Correct [418] Order for Forfeiture of Property (Porter, Anne)
TRANSCRIPT of Proceedings (Motions Hearing re Forfeiture) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 5/14/2008 before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (no. pages: 46). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 7/2/2008. Redacted Transcript Deadline set for 7/14/2008. Release of Transcript Restriction set for 9/9/2008. (km1, )
NOTICE of United States' Response to Defendants' Response to Court Inquiry [542] as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Porter, Anne)
RESPONSE in Opposition by Defendants Harriet Warshak, Harriet Warshak as to Harriet Warshak re [488] MOTION to Amend/Correct [418] Order for Forfeiture of Property MOTION to Amend/Correct [418] Order for Forfeiture of Property (Crouse, Candace)
RESPONSE in Opposition by Defendants Paul J. Kellogg, Paul J. Kellogg as to Paul J. Kellogg re [488] MOTION to Amend/Correct [418] Order for Forfeiture of Property MOTION to Amend/Correct [418] Order for Forfeiture of Property (Fleisher, James)
RESPONSE to Motion by Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [488] MOTION to Amend/Correct [418] Order for Forfeiture of Property MOTION to Amend/Correct [418] Order for Forfeiture of Property (Weinberg, Martin)
NOTICE Defendants Response to Court Inquiry Regarding Continuity Sales as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Exhibit) (Weinberg, Martin)
ORDER denying [517] Motion for Permission to Call Witnesses at Forfeiture Hearing as to Steven E Warshak (1), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 5/14/2008. (km1, )
Minute Entry for proceedings held before Judge S Arthur Spiegel:Forfeiture Hearing as to Steven E Warshak, Harriet Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 5/14/2008. Arguments of counsel re forfeiture heard. The Court will permit the Defendants to submit an additional brief regarding co-mingling of funds as to continuity by next week, with the government permitted to file a response. The Court will consider all forfeiture issues and make final forfeiture rulings at the time of sentencing. (Court Reporter Jodie Perkins (Official).) (km1, )
RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [517] MOTION Request for Permission to Call Witnesses at Forfeiture Hearing (Porter, Anne)
OPINION AND ORDER denying [405] [331] Motions for Judgment of Acquittal or for New Trial by Defendants Steven Warshak, Berkeley Premium Nutraceuticals and TCI Media; denying [395] Motion for Judgment of Acquittal or for New Trial by Defendant Harriet Warshak; denying [395] Motion for Judgment of Acquittal or for New Trial by Defendant Paul Kellogg; denying [400] Motion for Judgment of Acquittal by Defendant Steven Pugh; denying [419] Motion to Vacate Preliminary Order of Forfeiture by Defendants Steven Warshak, Berkeley Premium Nutraceuticals and TCI Media; denying [413] Motion to Set Aside Forfeiture Verdicts by Defendants Steven Warshak, Berkeley Premium Nutraceuticals and TCI Media; denying [414] Motion for New Trial on All Forfeiture Issues by Defendants Steven Warshak, Berkeley Premium Nutraceuticals and TCI Media; denying [415] Motion to Set Aside Forfeiture Verdicts or for New Trial on All Forfeiture Issues by Defendant Harriet Warshak. Signed by Judge S Arthur Spiegel on 5/13/2008. (km1, )
TRANSCRIPT of Proceedings (Redacted In-Chambers Conference) held on 2/28/2008 as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Forfeiture Phase Afternoon Session) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Forfeiture Phase Morning Session) held on 2/25/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (no. pgs 109). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/19/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 2/14/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/14/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held 2/13/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Motions Hearing) held on 2/12/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/12/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 2/11/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 2/8/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/8/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 2/7/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs 3647-3698); Wendee Goodyear (pgs 3699-3738). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/7/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 2/6/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs. 3500-3566); Wendee Goodyear (pgs 3567-3572). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/6/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 2/5/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs. 3239-3307); Wendee Goodyear (pgs 3308-3388). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/5/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 2/1/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Wendee Goodyear (pgs 2995-3112). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/1/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, )
Certificate of Service by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to potential third party petitioner, Countrywide Home Loans, Inc. (Attachments: # (1) Exhibit Countrywide Direct Notice) (Porter, Anne)
NOTICE of Proof of Publication as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Affidavit of Allen Martin) (Porter, Anne)
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/31/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/31/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/30/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs 2588-2648); Wendee Goodyear (pgs 2649-2713). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/30/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/29/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs 2347-2409); Wendee Goodyear (pgs 2410-2472). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/29/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/25/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/25/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/24/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs 1862-1926); Wendee Goodyear (pgs 1927-1980). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/24/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/23/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs 1629-1700); Wendee Goodyear (pgs 1701-1751). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/23/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/22/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs 1423-1485); Wendee Goodyear (pgs 1486-1546). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held 1/22/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning and Afternoon Session) held on 1/18/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/17/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs 1078-1134); Wendee Goodyear (pgs 1135-1201). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held 1/17/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/16/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Wendee Goodyear (pgs 843-985). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/16/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/15/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official); pgs 693-641)); Wendee Goodyear (pgs 642-717). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/15/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/11/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official; pgs 342-400); Wendee Goodyear (pgs 401-460). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held 1/11/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel (Official). Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/10/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official; pgs 120-199); Wendee Goodyear (pgs 200-234). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/10/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
TRANSCRIPT of Proceedings (Opening Statements of Jury Trial) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/9/2008 before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, )
MOTION to Amend/Correct [418] Order for Forfeiture of Property to Include Proceeds and Money Laundering Money Judgments and Substitute assets by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # (1) Exhibit Forfeiture Money Laundering Spreadsheet) (Porter, Anne)
Notice of Correction as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re: [487] MOTION to Amend/Correct [418] Order for Forfeiture of Property to Include Proceeds and Money Laundering Money Judgments and Substitute assets. Motion deleted from docket at the request of counsel due to filing error. Corrected motion to be re-filed. (km1, )
***REMOVED DUE TO FILING ERROR***MOTION to Amend/Correct [418] Order for Forfeiture of Property to Include Proceeds and Money Laundering Money Judgments and Substitute assets by USA as to Steven E Warshak. (Attachments: # (1) Exhibit Forfeiture Money Laundering Spreadsheet) (Porter, Anne) Modified Docket Text on 5/9/2008 (km1, ).
First MOTION for Hearing re Validity of Third-Party Interest in Forfeiture Property by Countrywide Home Loans Inc as to Steven E Warshak. (Purtell, William) Modified Docket Text on 5/7/2008 (km1, ).
NOTICE OF HEARING as to Steven E Warshak, TCI Media, Inc. and Berkeley Premium Nutraceuticals, Inc.: Sentencing set for 8/28/2008 10:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
Proposed Finding of Fact and Conclusions of Law on Asset Forfeiture and Response re [445] United States' Proposed Findings of Fact and Conclusions of Law on Asset Forfeiture as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E) (Weinberg, Martin) Modified Docket Text to Clarify on 5/1/2008 (km1, ).
Response Harriet Warshak's Proposed Findings of Fact and Conclusions of Law Regarding Forfeiture as to Harriet Warshak (Attachments: # (1) Exhibit Tax Return, # (2) Exhibit Check) (Pinales, Martin)
Certificate of Service to Petitioners re [418] Preliminary Order of Forfeiture by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Exhibit A) (Porter, Anne) Modified Docket Text on 4/28/2008 (km1, ).
ORDER granting [473] Motion for Extension of Time Until 4/25/2008 to File Proposed Findings of Fact and Conclusions of Law re Asset Forfeiture as to Harriet Warshak (2). The Hearing as to Asset Forfeiture previously set for 5/14/2008 at 3:00 PM REMAINS AS SCHEDULED. Signed by Judge S Arthur Spiegel on 4/24/2008. (km1, )
ORDER granting [472] Motion for Extension of Time Until 6/2/2008 for Submission of the Final Presentence Investigation Report as to Paul J. Kellogg (3). Signed by Judge S Arthur Spiegel on 4/24/2008. (km1, )
MOTION for Extension of Time Until 4/25/2008 to File Proposed Findings of Fact and Conclusions of Law re Asset Forfeiture by Harriet Warshak. (Pinales, Martin) Modified Docket Text to clarify on 4/24/2008 (km1, ).
ORDER granting [464] Motion for Extension of Time to File Until 4/30/2008 in Which to File Proposed Findings of Fact and Conclusions of Law Relative to Asset Forfeiture as to Steven E Warshak (1), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). The Hearing as to Asset Forfeiture previously set for 5/14/2008 at 3:00 PM REMAINS AS SCHEDULED. Signed by Judge S Arthur Spiegel on 4/22/2008. (km1, )
ORDER granting [462] Motion for Extension of Time Until 6/2/2008 for Submission of the Final Presentence Investigations Reports as to Steven E Warshak (1), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 4/22/2008. (km1, )
Set/Reset Deadlines as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Final Presentence Investigation Report due by 6/2/2008. (km1, )
REPLY TO RESPONSE to Motion by Defendants Harriet Warshak, Harriet Warshak as to Harriet Warshak re [398] MOTION for Acquittal MOTION for New Trial (Crouse, Candace)
NOTICE of Verified Petition of Paul J. Kellogg, Trustee, Contesting Forfeiture Pursuant to 21 U.S.C. Sec. 853(n) as to Paul J. Kellogg (Fleisher, James)
Notice of Correction: Document previously identified as doc 465, NOTICE of Verified Petition Contesting Forfeiture Pursuant to 21 U.S.C. Sec. 853(n) has been removed by Clerk due to missing Certificate of Service. Counsel to refile. (srj1)
NOTICE OF VERIFIED PETITION OF CARRI WARSHAK ON BEHALF OF HERSELF INDIVIDUALLY AND AS GUARDIAN, MOTHER AND NEXT FRIEND OF HER MINOR CHILDREN, MICHAEL OSWALD, AGE 16; JESSE WARSHAK, AGE 8; ANNA WARSHAK, AGE 6; AND NICHOLAS WARSHAK, AGE 3 AS TO REAL PROPERTY, BANK ACCOUNTS, INVESTMENT ACCOUNTS, AND INSURANCE POLICY as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Phillips, John)
NOTICE of Appearance of Interested Party, Carri Warshak On Behalf Of Herself Individually And As Guardian, Mother And Next Friend Of Her Minor Children, Michael Oswald, Age 16; Jesse Warshak, Age 8; Anna Warshak, Age 6; And Nicholas Warshak, Age 3 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Phillips, John)
MOTION for Extension of Time to File New date requested 4/30/2008. MOTION FOR EXTENSION OF TIME TO FILE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATIVE TO ASSET FORFEITURE by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin)
MOTION for Extension of Time to File New date requested 6/2/2008. FOR PROBATION TO FILE FINAL PRESENTENCE REPORTS by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin)
VERIFIED CLAIM/PETITION of John B. Hall, Managing Member, Hallmark Homes LLC re [418] Preliminary Order of Forfeiture seeking Return of (1) Funds in the amount of $158,204.26 seized from Fifth Third Bank Account No. Ending in 7094, on January 30, 2006; (2) Funds in the amount of $151,792.92 seized from Fifth Third Bank Account No. Ending in 7094, on January 31, 2006; and (3) Funds in the amount of $152,532.91, proceeds from sale of property at 8163 Darlene Terrace, Middletown, Ohio, seized on February 15, 2006 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Phillips, John) Modified Docket Text on 4/17/2008 (km1, ).
NOTICE of Appearance of Interested Party John B. Hall as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Phillips, John)
REPLY TO RESPONSE to Motion by Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [413] MOTION to Set Aside Forfeiture Verdicts (Weinberg, Martin)
REPLY TO RESPONSE to Motion by Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [414] MOTION for New Trial Defendants' Reply to Government's Response in Opposition to Motion of Defendants Steven Warshak, Berkeley Premium Nutraceuticals & TCI Media, Inc. for a New Trial on All Forfeiture Issues. (Attachments: # (1) Exhibit A) (Weinberg, Martin)
ORDER granting [455] Motion for Extension of Time to File Objections to the Presentence Investigation Report as to Harriet Warshak (2). The Court hereby extends the deadline for submission of objections to the Initial Presentence Investigation Report from 4/14/2008 until 4/28/2008. The Court further EXTENDS the deadline for submission of the Final Presentence Investigation Report to the Court from 5/5/2008 until 5/19/2008. Signed by Judge S Arthur Spiegel on 4/15/2008. (km1, )
NOTATION ORDER granting [454] Motion for Extension of Time to File Replies to Government's Responses Regarding Motions Challenging Forfeiture Verdicts as to Steven E Warshak (1), TCI Media, Inc.(7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 4/15/2008. (km1, )
MOTION for Extension of Time to File New date requested 4/28/2008. PSR Objections by Harriet Warshak. (Attachments: # (1) Text of Proposed Order) (Pinales, Martin)
MOTION for Extension of Time to File New date requested 4/16/2008. Defendants' Motion for Extension of Time to File Replies to Government's Responses Regarding Motions Challenging Forfeiture Verdicts by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin)
REPLY TO RESPONSE to Motion by Defendants Paul J. Kellogg, Paul J. Kellogg as to Paul J. Kellogg re [395] First MOTION for Judgment NOV /Motion for Judgment of AcquittalFirst MOTION for New Trial (Attachments: # (1) Exhibit) (Fleisher, James)
REPLY TO RESPONSE to Motion by Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [404] MOTION for Acquittal, [405] MOTION for New Trial of Defendants Steven Warshak, Berkeley Premium Nutraceuticals, Inc., & TCI Media, Inc. Defendants' Reply to Response of the United States in Opposition to Motion for Judgment of Acquittal & for New Trial (Weinberg, Martin)
ORDER granting [448] Motion for Leave to File a Reply Memorandum in Support of their Motion for Judgment of Acquittal and for New Trial in Excess of Ten Pages in Length as to Steven E Warshak (1), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 4/9/2008. (km1, )
Response re [447] Notice (Other) Memorandum in Response to Notice Regarding Credit Card Processing and Request for Modification of Order, if Deemed Necessary by the Court as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Kadon, Karl)
RESPONSE in Opposition by Plaintiff USA, Defendant Harriet Warshak as to Harriet Warshak re [415] MOTION to Set Aside Forfeiture Verdicts MOTION for New Trial On All Forfeiture Issues (Porter, Anne)
MOTION re [440] Response in Opposition, Motion for Leave to File Reply to Response of the United States in Opposition to Defendants' Motion for Judgment of Acquittal & for New Trial Which Exceeds Ten Pages in Length by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # (1) Reply to Response) (Weinberg, Martin)
NOTICE REGARDING CREDIT CARD PROCESSING AND REQUEST FOR MODIFICATION OF ORDER, IF DEEMED NECESSARY BY THE COURT as to Berkeley Premium Nutraceuticals, Inc. re [436] Order. (Phillips, John) Modified to correct text on 4/4/2008 (mr1, ).
Response re [445] Response (non motion), Response (non motion), Response (non motion), Response (non motion) Continuation of Attachments to Findings of Fact and Conclusions of Law as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Binder II Hallmark Homes Part I, # (2) Binder II Hallmark Homes Part II, # (3) Binder II Fifth Third Bank Acct. 8440 Part I, # (4) Binder II Fifth Third Bank Acct. 8440 Part II, # (5) Binder II Knothead Clothing Co., # (6) Binder II Strong Foundations, Inc. Part I, # (7) Binder II Strong Foundations, Inc. Part II, # (8) Binder II Ohio Tuition Trust, # (9) Binder II Ohio Tuition BBB3, # (10) Ohio Tuition 5408, # (11) Ohio Tuition 4203, # (12) Binder II 8153 Darlene Terrace, # (13) Binder II A/R CJ Eagler, # (14) Binder II A/R Brian Giebel, # (15) Binder II A/R Richard Golden) (Porter, Anne)
Response to Court Request for Findings of Fact and Conclusions of Law as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # (1) Affidavit of Alejandro E. Almaguer, # (2) Book 1 Index and Contents, # (3) Exhibit CAF-A, # (4) Binder I Tab A, # (5) Binder I Tab B, # (6) Binder I Tab C, # (7) Binder I Tab D, # (8) Binder I Tab E, # (9) Binder I Tab F, # (10) Binder I Tab G, # (11) Binder I Tab H, # (12) Binder I Tab I, # (13) Binder I Tab J, # (14) Binder I Tab K, # (15) Binder I Tab L, # (16) Binder II Index and Contents, # (17) Binder II 5130 Rollman Estates, # (18) Binder II 5140 Rollman Estates, # (19) Binder II 5150 Rollman Estates, # (20) Binder II 7027 Beech Hollow, # (21) Binder II 5758 San Elijo, # (22) Binder II 7701 Sagamore, # (23) Binder II 2004 Grand Cherokee, # (24) Binder II Yukon Denali) (Porter, Anne)
RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [413] MOTION to Set Aside Forfeiture (Porter, Anne)
RESPONSE in Opposition by Plaintiff USA, Defendant Steven E Warshak as to Steven E Warshak re [414] MOTION for New Trial ON ALL FORFEITURE ISSUES (Wiethe, Donetta)
NOTICE of Appearance as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Nelson, Richard)
RESPONSE in Opposition by Plaintiff USA, Defendant Harriet Warshak as to Harriet Warshak re [398] MOTION for Acquittal MOTION for New Trial (Porter, Anne)
RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [404] MOTION for Acquittal, [405] MOTION for New Trial of Defendants Steven Warshak, Berkeley Premium Nutraceuticals, Inc., & TCI Media, Inc. (Porter, Anne)
RESPONSE in Opposition by Plaintiff USA, Defendant Paul J. Kellogg as to Paul J. Kellogg re [395] First MOTION for Judgment NOV /Motion for Judgment of AcquittalFirst MOTION for New Trial (Porter, Anne)
RESPONSE in Opposition by Plaintiff USA, Defendant Steven P. Pugh as to Steven P. Pugh re [400] MOTION for Acquittal (Porter, Anne) Modified Docket Text to Correct Link to Appropriate Motion on 3/25/2008 (km1, ).
ORDER as to [420] Order. The Court finds it appropriate to further instruct the parties that their submissions on the question of forfeiture as to each asset or portion of asset should be in the form of proposed findings of fact and conclusion of law. The findings of fact should cite to documentary or testimonial evidence in the record. Signed by Judge S Arthur Spiegel on 03/19/08. (mr1, )
ORDER further amends Court Orders of 3/7/2008 [421] Order on Motion for Miscellaneous Relief and 3/12/08 [429] Order only with regard to the credit card processing service to allow the Def. Berkeley Premium Nutraceuticals, Inc. to enter into a credit card processing agreement with the following credit processor as follows: (1) Defs are authorized to enter into credit card processing agreement with Wirecard Payment Solutions Limited of Dublin Ireland (WPSL) with assistance of Wirecard Bank AG of London England (WBAG) - Any material modification in the agreement that differs from draft must be specifically approved by further Court Order; (2) Def are not authorized to transfer funds to WPSL/WBAG to set up a reserve. Any reserve will be generated from future sales, and Def agreement with WPSL/WBAG shall require that any payout or distribution from the WPSL/WBAG reserve will be made to MEDIA WAVE LTD, Berkley Premium Pharmaceuticals operating account # ending in 9120 at 5th/3rd in Cincinnati, Ohio; (3) No existing reserves held at First Regional Bank or by any other entity shall be moved outside the U.S. Signed by Chief Judge Sandra S Beckwith on 03/18/08. (mr1, )
Emergency MOTION TO MODIFY EXISTING ORDER TO ALLOW BERKELEY PREMIUM NUTRACEUTICALS, INC. TO BEGIN CREDIT CARD PROCESSING re [421] Order on Motion for Miscellaneous Relief and [429] Order by Berkeley Premium Nutraceuticals, Inc. (Phillips, John) Modified to corect docket text on 3/19/2008 (mr1, ).
ORDER as to Steven E Warshak. Pursuant to the bond review hearing held before this Court on 3/13/2008, and the subsequent Order issued [432], theCourt hereby AMENDS the conditions of pretrial supervision as contained in Defendants Appearance Bond [18] as follows: (1) Defendant shall report to Pretrial Services as directed; (2) Defendant shall submit to drug testing as directed by Pretrial Services; (3) Defendant is restricted from obtaining a passport; and (4) Defendant shall report to Pretrial Services servingSan Diego County, California as directed. The condition which restricted Defendants travel to the Southern District of Ohio is hereby LIFTED as set forth in this Courts previous Order [432]. All other conditions of pretrial release contained in the Appearance Bond [18] remain unchanged. Signed by Judge S Arthur Spiegel on 3/13/2008. (km1, )
OPINION AND ORDER denying [410] Motion for Review of Defendant Steven Warshak's Bond as to Steven E Warshak (1). Defendant Warshak shall be permitted to remain free on bond pending sentencing, and will be permitted to travel between his home in San Diego County, California, and the Southern District of Ohio. Defendant must comply with the reporting requirements imposed by the Court with the appropriate agencies. Signed by Judge S Arthur Spiegel on 3/13/2008. (km1, )
REPLY to RESPONSE by Defendants Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. re [419] MOTION to Vacate RELATED TO DOCUMENT 427 - NOT AVAILABLE AT TIME OF FILING ON PACER (Phillips, John) Modified on 3/14/2008 to edit text (srj1, ).
RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re [419] MOTION to Vacate Preliminary Order of Forfeiture (Porter, Anne)
Minute Entry for proceedings held before Judge S Arthur Spiegel:Motion Hearing as to Steven E Warshak held on 3/13/2008 re [410] MOTION for Review of Defendant Steven Warshak's Bond filed by USA. Defendant present with counsel. Arguments heard. The Court Orders in open Court that United States' motion [410] is DENIED. Defendant Steven Warshak shall be permitted to remain free on bond pending sentencing and will be permitted to travel between his home in San Diego County, California and the Southern District of Ohio. Pretrial Services in the S. D. of Ohio is directed to make arrangements with Pretrial Services in the S. D. of California (San Diego) for weekly reporting procedures for the Defendant. (Court Reporter Julie Wolfer (Official).) (km1, )
ORDER re Court Order of 3/7/2008 [421]. Due to the lack of cooperation from B+S Card Service GmbH, the Order is modified only with regard to the credit card processing service as follows: (1) Defendants are authorized to enter into a credit card processing agreement with E-Commerce Risk Management Limited of London England, with the assistance of HSBC-London ("E-Commerce/HSBC"), under the same terms and conditions as provided in the Court's previous Order [421]; (2) as was set forth in this Court's previous Order, Defendants are not authorized to transfer any funds to E-Commerce/HSBC to set up a reserve. Any E-Commerce/HSBC reserve will be generated from future sales, and Defendants' agreement with E-Commerce/HSBC shall require that any payout or distribution from the E-Commerce/HSBC reserve will only be made to MEDIA WAVE, LTD, Berkeley Premium Nutraceuticals operating account number ending in "9120" at the Fifth Third Bank in Cincinnati, Ohio. Signed by Judge S Arthur Spiegel on 3/12/2008. (km1, )
ORDER granting [402] Motion to Modify Bond Conditions as to Harriet Warshak (2). Defendants Appearance Bond executed on 9/28/2006 [20] is AMENDED to permit travel to Walton, Kentucky for the purpose of visiting grandchildren. All other conditions of pretrial release contained in the Appearance Bond [20] remain unchanged. Signed by Judge S Arthur Spiegel on 3/12/2008. (km1, )
REPLY TO RESPONSE to Motion [410] by Plaintiff USA as to Steven E Warshak re [422] Opposition to Government's Motion to Detain Him Pending Sentencing (Kadon, Karl) Modified on 3/13/2008 - To clarify docket text and create additional hyperlink (tt1, ).
RESPONSE by Plaintiff USA UNOPPOSING [402] MOTION for Bond as to Defendant Harriet Warshak(to Modify Bond Conditions) (Porter, Anne) Modified on 3/13/2008 - To edit docket text (tt1, ).
NOTICE OF HEARING as to Steven E Warshak, Harriet Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Hearing re Forfeiture [420] RESET for 5/14/2008 03:00 PM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
REDACTED TRANSCRIPT of Proceedings (In-Chambers Conference) as to Steven E Warshak held on 2/28/2008 before Judge S. Arthur Spiegel. Court Reporter: Jodie Perkins (Official). (km1, )
NOTICE OF HEARING ON MOTION in case as to Steven E Warshak re [410] MOTION for Review of Defendant Steven Warshak's Bond: Bond Review Hearing set for 3/13/2008 02:00 PM in Courtroom 842 before Judge S Arthur Spiegel. (km1, )
Response in Opposition to Government's Motion to Detain Him Pending Sentencing [410] by Steven E Warshak. (Attachments: # (1) Exhibits A & B) (Weinberg, Martin) Modified on 3/10/2008 - To edit docket text and create hyperlink. Document is not a motion (tt1, ).
ORDER granting in part and denying in part [417] Motion for Court Approval to Proceed with Credit Card Processing and to Implement Management Oversight Board/Board of Directors in Lieu of Court Appointed Receivership as follows: (1) Defendants are authorized to enter into a credit card processing agreement with B+S Card Service GmbH ("B+S"); (2) Defendants are not authorized to transfer any funds to B+S to set up a reserve. Per Defendants' representation in Court,any B+S reserve will be generated from future sales, and Defendants' agreement with B+S shall require that any payout or distribution from the B+S reserve will only be made to MEDIA WAVE LTD, Berkeley Premium Nutraceuticals operatingaccount number ending in "9120," at the Fifth Third Bank in Cincinnati, Ohio;(3) No existing reserves held by First Regional Bank or by any other entity shall be moved outside of the United States; (4) The Management Team of Berkeley shall consist of Jason Broome, Charles Kubicki, and Alvin Pearlman; (5) The Management Team will have the discretion to employ those individuals who have knowledge of the operation of the business; (6) The Court finds it appropriate to appoint a third party, in no way connected with any of the parties in any fashion, to serve as a Monitor. The Court hereby appoints Richard D. Nelson, Esq., recommended by the government, as Monitor. The Monitor shall be compensated at the rate of $250 per hour; (7) The Monitor shall review the policies and the practices put in place by the Management Team to continue the operation of the corporation and its business. All compensation paid to Berkeley employees shall be subject to approval by the Monitor. The Monitor is authorized to seek domestic credit card processing for Berkeley. The Monitor will advise the Court and the government periodically concerning the operations of Berkeley. Signed by Judge S Arthur Spiegel on 3/7/2008. (km1, )
ORDER - pursuant to jury verdict against the Defendants in the forfeiture proceedings in this matter on 2/22/2008 [387] [389], the Court ORDERS the government to file a memorandum on forfeiture by 4/2/2008. Defendants may respond within 21 days, in accordance with Local Rule 7.2. The Court further sets a hearing on this matter for 5/6/2008 at 9:30 AM. Signed by Judge S Arthur Spiegel on 3/7/2008. (km1, )
PRELIMINARY ORDER OF FORFEITURE as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. Signed by Judge S Arthur Spiegel on 3/8/2008. (km1, )
Emergency MOTION COURT APPROVAL TO PROCEED IWTH CREDIT CARD PROCESSING AND TO IMPLEMENT MANAGEMENT OVERSIGHT BOARD / BOARD OF DIRECTORS IN LIEU OF COURT APPOINTED RECEIVERSHIP by Berkeley Premium Nutraceuticals, Inc.. (Phillips, John)
Minute Entry for proceedings held before Judge S Arthur Spiegel:In-Court Hearing as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. held on 3/7/2008. Opening remarks made by Court. Arguments heard re Defendants' Proposed Management Plan and establishing offshore credit card processor heard. Matter taken under advisement with written Order of the Court to follow. (Court Reporter Jodie Perkins (Official).) (km1, )
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