USA v. Fitzgerald

Criminal Case Massachusetts District Court, Case No. 1:98-cr-10272-REK
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Summary

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

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Carmen M. Ortiz +1 617 748 3159 +1 617 748 3694 carmen.ortiz@usdoj.gov

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

Attributes
Office Boston
Filed 9/2/1998
County Norfolk
Terminated 2/3/1999
Reopened
Magistrate Case
498-mj-01673
Citation
Offense Level
181341 Defendant did devise and intend to devise a scheme and artifice to defraud numerous retail stores of money and property by false and fraudulent misrepresentations. For the purpose of executing such scheme did cause to be placed in an authorize
Count 1-2
Citation Section 18 U.S.C. § 1341.F
Offense Level 4
181341-Mail FRAUDS
Defendant Custody Status Released
Flags CASREF,CLOSED
Timeline
  Entries (53) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 32 Filed: 8/30/2010, Entered: 8/30/2010 OrderCourt Filing
Chief Judge Mark L. Wolf: ORDER entered. as to Delphine Fitzgerald (O'Leary, Dennis)
Request RequestSpace LREF
Legal Document (Payment Possibly Required) 31 Filed: 4/21/2008, Entered: 4/23/2008 OrderCourt Filing
Chief Judge Mark L. Wolf: ORDER entered. as to Delphine Fitzgerald: It is hereby ORDERED that the restitution previously ordered paid by deft Delphine Fitzgerald to Filene's/Kaufmann's Stores as part of the sentence imposed by Judge Robert E. Keeton on February 3, 1999, shall be paid instead to the new corporate name of Macy's, Inc. (Boyce, Kathy)
Request RequestSpace LREF
Blank 30 Filed: 9/13/2002, Entered: 4/25/2003 Pretrial Services/Probation Memo
Memo from Probation as to Delphine Fitzgerald re: request for travel (kf)
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Blank  Filed: None, Entered: None Description not available
Senior Judge Robert E. Keeton . ENDORSED ORDER as to Delphine Fitzgerald : granting [30-1] request for travel as to Delphine Fitzgerald (1) . (kf)
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Blank  Filed: None, Entered: None Case Referred to Magistrate Judge
Judge Robert E. Keeton Referral to Mag. Judge Robert B. Collings as to Delphine Fitzgerald . Purpose: for examination. (kf)
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Blank  Filed: None, Entered: None Description not available
Judge Robert E. Keeton . ENDORSED ORDER as to Delphine Fitzgerald : granting [29-1] motion for financial examination of defendant before United States Magistrate Judge as to Delphine Fitzgerald (1). Notice sent to counsel. (kf)
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Blank 29 Filed: 8/3/2000, Entered: 8/4/2000 Motion for Miscellaneous ReliefCourt Filing
MOTION by USA, as to Delphine Fitzgerald for financial examination of defendant before United States Magistrate Judge , filed. c/s (kf)
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Blank  Filed: None, Entered: None Description not available
Judge Robert E. Keeton . ENDORSED ORDER as to Delphine Fitzgerald : granting [28-1] motion for funds for transportation as to Delphine Fitzgerald (1). "Allowed, subject to the Marshals determination of feasibility." Notice sent to counsel. (kf)
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Blank 28 Filed: 3/19/1999, Entered: 3/22/1999 Ex Parte Motion for Authorization of Services or Funds
MOTION by Delphine Fitzgerald for funds for transportation , filed. c/s (kf)
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Legal Document (Payment Possibly Required) 27 Filed: 2/18/1999, Entered: 2/22/1999 Judgment*Court Filing
Judge Robert E. Keeton . JUDGMENT entered Delphine Fitzgerald (1) count(s) 1-2. The defendant pleaded guilty to Counts 1 and 2. The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total tern of 1 year and a day. The court makes the following recommendations to the Bureau of Prisons: That period in custody be served in Coolidge House Community Confinement Center. That the defendant be created with time served in state custody (3/7/98 to 6/12/98) for conduct that is part of the conduct constituting the offense for which she is now being sentenced. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2:00 p.m. on 3/10/99 as notified by the Probation or Pretrial Services Office. Upon release from imprisonment, the defendant shall be on supervised release for a term of 36 months. The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons. The defendant shall not commit another federal, state, or local crime. The defendant shall not illegally possess a controlled substance. The defendant shall not possess a firearm as defined in 18 U.S.C. 921. Standard Conditions of Supervision apply. Special Conditions of Supervision - The defendant is prohibited from possessing a firearm or other dangerous weapon. The defendant is to pay the balance of restitution according to a court-ordered repayment The defendant is prohibited from incurring new credit charges or opening additional lines of credit without the approval of the probation officer unless the defendant is compliance with the payment schedule. Special Assessment of $200.00. Restitution of $30,115.09. The defendant shall restitution to the following payees in the amounts listed below in full immediately. cc/cl (kf) (Main Document 27 replaced on 1/17/2013 to redact personal identifiers.) (Anderson, Jennifer).
Request Request From Archives (Scanning Fees/Delay May Apply)Space LREF
Blank  Filed: None, Entered: None JS-3 Closing Information
**JS3 Closing Card for Delphine Fitzgerald Terminated Defendant Delphine Fitzgerald (kf)
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Blank  Filed: None, Entered: None Terminate Criminal Case
Case closed as to all defendants, as to Delphine Fitzgerald (kf)
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Blank  Filed: None, Entered: None Description not available
Judge Robert E. Keeton . ENDORSED ORDER as to Delphine Fitzgerald : granting [23-1] motion to amend judgment and for revised order of restitution as to Delphine Fitzgerald (1). "Allowed and so ordered. The Clerk will proceed accordingly." Notice sent to counsel. (kf)
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Blank 23 Filed: 2/5/1999, Entered: 2/5/1999, Terminated: 2/9/1999 Motion to Amend/Correct
Joint MOTION by USA and defendant, as to Delphine Fitzgerald to amend judgment and for revised order of restitution , filed. c/s (kf)
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Blank 26 Filed: 2/3/1999, Entered: 2/16/1999 Set DeadlinesCourt Filing
Judge Robert E. Keeton . CLERK'S NOTES as to Delphine Fitzgerald, re disposition. Court denies motion for downward departure. On Counts 1 and 2 concurrently, defendant is SENTENCED to 1 year and 1 day to Bureau of Prisons, 36 months supervised release, $30,143.17 restitution, $200.00 special assessment. Special conditions No firearms, pay balance of restitution, no new credit charges. Recommendation- the period of imprisonment be served at Coolidge House, Defendant be credited with time served from 3/7/98 - 6/12/98, defendant self-report at or before 2:00 p.m. at designated facility; if informed by 3/5/99. Present conditions of release continue to apply. Defendant informed of right to appeal. Court Reporter: Coppolla (kf)
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Blank 25 Filed: 2/3/1999, Entered: 2/8/1999 Memorandum in Opposition
MEMORANDUM by USA as to Delphine Fitzgerald in opposition to [24-1] memorandum, filed. c/s (kf)
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Blank 24 Filed: 2/3/1999, Entered: 2/8/1999 Sentencing Memorandum
SENTENCING MEMORANDUM and motion for downward departure by Delphine Fitzgerald , filed. c/s (kf)
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Blank 21 Filed: 2/3/1999, Entered: 2/8/1999 Motion to Seal
MOTION by USA , as to Delphine Fitzgerald to seal/impound , filed. c/s (kf)
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Blank  Filed: None, Entered: None Sentencing
Sentencing held Delphine Fitzgerald (1) count(s) 1-2 . (kf)
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Blank  Filed: None, Entered: None Description not available
Judge Robert E. Keeton . ENDORSED ORDER as to Delphine Fitzgerald : withdrawing [21-1] motion to seal/impound as Delphine Fitzgerald (1). Notice sent to counsel. (kf)
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Blank  Filed: None, Entered: None Description not available
Judge Robert E. Keeton . ENDORSED ORDER as to Delphine Fitzgerald : denying [22-1] motion to impound as to Fitzgerald (1). Notice sent to counsel. (kf)
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Blank 22 Filed: 1/29/1999, Entered: 2/3/1999 Motion to Seal
MOTION by Delphine Fitzgerald to impound , filed. c/s (kf)
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Blank 20 Filed: 10/7/1998, Entered: 10/9/1998 Procedural Order re sentencing hearingCourt Filing
Judge Robert E. Keeton . Procedural order re sentencing hearing as to Delphine Fitzgerald entered. cc/cl (kf)
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Blank 19 Filed: 10/7/1998, Entered: 10/9/1998 Plea Agreement
Plea Agreement as to Delphine Fitzgerald , filed. (kf)
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Blank 18 Filed: 10/7/1998, Entered: 10/9/1998 Information - Felony
INFORMATION filed as to Delphine Fitzgerald (kf)
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Blank 17 Filed: 10/7/1998, Entered: 10/9/1998 Waiver of Indictment
WAIVER OF INDICTMENT by Delphine Fitzgerald , filed. (kf)
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Blank 16 Filed: 10/7/1998, Entered: 10/9/1998 Letter (non-motion)
Letter (non-motion) by Judith Oxford filed as to Delphine Fitzgerald , dated: October 7, 1998, re: release status letter. (kf)
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Blank 15 Filed: 10/7/1998, Entered: 10/9/1998 Description not availableCourt Filing
Judge Robert E. Keeton . CLERK'S NOTES as to Delphine Fitzgerald , re: change of plea; Waiver of indictment and plea agreement is filed in open court. Defendant pleads guilty to 2 count information. Procedural Order regarding sentencing to issue. Defendant is released conditons amended and report twice weekly by telephone to pretrial services., set Sentencing for 3:00 1/12/99 for Delphine Fitzgerald ; Court Reporter: Willette (kf)
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Blank  Filed: None, Entered: None Plea Entered
PLEA entered by Delphine Fitzgerald . Court accepts plea. Guilty: Delphine Fitzgerald (1) count(s) 1-2 (kf)
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Blank  Filed: None, Entered: None Rule 11 Hearing
Change of Plea Hearing as to Delphine Fitzgerald held . (kf)
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Blank  Filed: None, Entered: None Information - Felony
Felony Information received for filing . Delphine Fitzgerald (1) count(s) 1-2 (sad)
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Blank 13 Filed: 7/2/1998, Entered: 7/7/1998 Writ of Habeas Corpus ad Prosequendum Executed
WRIT of Habeas Corpus ad Prosequendum executed as to Delphine Fitzgerald on 7/2/98 . [ 4:98-m -1673 ] (cjn)
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Blank 12 Filed: 7/2/1998, Entered: 7/7/1998 Writ of Habeas Corpus ad Prosequendum Executed
WRIT of Habeas Corpus ad Prosequendum executed as to Delphine Fitzgerald on 7/2/98 . [ 4:98-m -1673 ] (cjn)
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Blank 14 Filed: 6/29/1998, Entered: 7/13/1998 Arrest Warrant Returned Executed
Arrest warrant returned executed as to Delphine Fitzgerald on 6/11/98 . [ 4:98-m -1673 ] (cjn)
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Blank 11 Filed: 6/26/1998, Entered: 6/29/1998 Description not availableCourt Filing
Mag. Judge C. B. Swartwood III . CLERK'S NOTES as to Delphine Fitzgerald , re: status conference; ; Court Reporter: tape ; defendant cleared up all outstanding warrants except for two; they can be done in the future. defendant is going into inpatient treatment at Gosnold today, for a period of 30 days or more... [ 4:98-m -1673 ] (sad)
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Blank  Filed: None, Entered: None Status Conference
Status conference as to Delphine Fitzgerald held . [ 4:98-m -1673 ] (sad)
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Blank 10 Filed: 6/23/1998, Entered: 6/25/1998 Description not availableCourt Filing
Mag. Judge C. B. Swartwood III . ORDER of PROBABLE CAUSE entered as to Delphine Fitzgerald : cc/cl . [ 4:98-m -1673 ] (sad)
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Blank 8 Filed: 6/22/1998, Entered: 6/23/1998 Description not availableCourt Filing
Mag. Judge C. B. Swartwood III . CLERK'S NOTES as to Delphine Fitzgerald , re: preliminary exam hearing;, set status conference for 10:00 6/29/98 for Delphine Fitzgerald ; Court Reporter: tape ; dfendant still needs to go to 5 courts; a bed is being held at Emerson House; defendant to try to clear up as many warrants as possible by then.. [ 4:98-m -1673 ] (sad)
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Blank  Filed: None, Entered: None Preliminary Hearing
Preliminary Examination as to Delphine Fitzgerald held . [ 4:98-m -1673 ] (sad)
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Blank 7 Filed: 6/17/1998, Entered: 6/17/1998 Notice re passport
Copy of notice regarding passport from Pretrial Services to Director, Office of Citizenship, as to Delphine Fitzgerald filed. [ 4:98-m -1673 ] (sad)
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Blank 6 Filed: 6/10/1998, Entered: 6/15/1998 Order Setting Conditions of ReleaseCourt Filing
Mag. Judge C. B. Swartwood III . ORDER entered setting Conditions of Release for Delphine Fitzgerald : The defendant shall appear on 6/22/98 at 10:00am. the defendant promises to appear at all proceedings; the defendant executes an unsecured bond in the sum of $10,000.00.The defendant shall maintain residence at 55 cedar St. Mattapan, Ma. report to PTS in person every Monday and friday while on bail ( not at Emerson); comply with the following curfew 6pm-8am ( when not at Emerson). refrain from possessing a firearm etc. refrain from excessive use of alcohol; obtain no passport; notify PTS within 24 hours of any arrest; submit to random urin analysis ; clear up all 8 outstanding warrants by Friday 6/19/98 . [ 4:98-m -1673 ] (sad)
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Blank 5 Filed: 6/10/1998, Entered: 6/15/1998 Description not availableCourt Filing
Mag. Judge C. B. Swartwood III . CLERK'S NOTES as to Delphine Fitzgerald , re: bail hearing;, set status conference for 10:00 6/22/98 for Delphine Fitzgerald , set Preliminary Examination for 10:00 6/22/98 for Delphine Fitzgerald ; Court Reporter: tape; Government moves to defer detention hearing until State Charges are cleared up. Magistrate Judge reviews conditions of bail. When defendant is released from emerson a further bail hearing will be held. [ 4:98-m -1673 ] (sad)
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Blank  Filed: None, Entered: None Bond
10,000.00 appearance BOND entered as to Delphine Fitzgerald . [ 4:98-m -1673 ] (sad)
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Blank  Filed: None, Entered: None Bond Hearing
Bail hearing as to Delphine Fitzgerald held . [ 4:98-m -1673 ] (sad)
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Blank  Filed: None, Entered: None Writ of Habeas Corpus ad Testificandum Issued
WRIT of Habeas Corpus ad Testificandum issued for Delphine Fitzgerald for 6/10/98 at 9:00am, as to Delphine Fitzgerald .for initial appearance. cc/cl [ 4:98-m -1673 ] (sad)
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Blank 3 Filed: 6/8/1998, Entered: 6/9/1998 Financial Affidavit-CJA 23
CJA 23 FINANCIAL AFFIDAVIT by Delphine Fitzgerald , as to Delphine Fitzgerald , filed. [ 4:98-m -1673 ] (sad)
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Blank 2 Filed: 6/5/1998, Entered: 6/9/1998 Description not availableCourt Filing
Mag. Judge C. B. Swartwood III . CLERK'S NOTES as to Delphine Fitzgerald , re: first appearance; ; Court Reporter: tape ; Government moves for detention but requests hearing be deferred until final release from the State. detainer will be lodged by the Marshal. [ 4:98-m -1673 ] (sad)
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Blank  Filed: None, Entered: None Appearance Through Counsel
First appearance through counsel as to Delphine Fitzgerald . [ 4:98-m -1673 ] (sad)
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Blank  Filed: None, Entered: None Initial Appearance
Initial appearance as to Delphine Fitzgerald held ; Preliminary Examination set for 2:00 6/10/98 for Delphine Fitzgerald ; Detention Hearing set for 2:00 6/10/98 for Delphine Fitzgerald (Defendant informed of rights.) . [ 4:98-m -1673 ] (sad)
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Blank 4 Filed: 6/2/1998, Entered: 6/9/1998 Order Appointing Federal Defender Program.Court Filing
Mag. Judge C. B. Swartwood III . ORDER entered Appointing Federal Public Defender for Delphine Fitzgerald . Appointing Miriam Conrad... [ 4:98-m -1673 ] (tmc)
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Blank  Filed: None, Entered: None Writ of Habeas Corpus ad Prosequendum Issued
WRIT of Habeas Corpus ad Prosequendum issued as to Delphine Fitzgerald for 6/4/98. [ 4:98-m -1673 ] (cjn)
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Blank  Filed: None, Entered: None Arrest Warrant Issued
Arrest warrant issued as to Delphine Fitzgerald . [ 4:98-m -1673 ] (cjn)
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Blank 1 Filed: 5/10/1998, Entered: 5/19/1998 Complaint
COMPLAINT as to Delphine Fitzgerald , filed. Pretrial Services [ 4:98-m -1673 ] (cjn)
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