United States v. Afriyie

Criminal Case New York Southern District Court, Case No. 1:16-cr-00377-PAE-1
District Judge Paul A. Engelmayer, presiding
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District Judge Paul A. Engelmayer
Last Updated July 29, 2025 at 9:47 AM EDT (10.7 months ago) via RECAP SpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Jennifer Lane Gachiri +1 212 637 2209 +1 212 637 2443 jennifer.gachiri@usdoj.gov
Space Edward Arthur Imperatore +1 212 637 2327 +1 212 637 2387 edward.imperatore@usdoj.gov
Space Christine Ingrid Magdo +1 212 637 2200 +1 212 637 2937 christine.magdo@usdoj.gov
v.
No Logo Anonymized Party [B6EA479], Defendant

Represented by Blank Rome LLP (NYC)

Name Phone Fax E-Mail
Space Susan C. Wolfe +1 212 885 5000 +1 212 885 5001 scwolfe@scwolfelaw.com

Represented by dinnersteinlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Mitchell J. Dinnerstein +1 212 925 0793 +1 212 625 3939 md@dinnersteinlaw.com

Represented by Law Offices Of Ezra Spilke, Pllc

Name Phone Fax E-Mail
Space Ezra Spilke +1 646 762 9713 ezra@spilkelaw.com

Represented by Office of Defender Services

Name Phone Fax E-Mail
Space Amy Gallicchio +1 718 812 6164 Amy_Gallicchio@fd.org
Space Philip L Weinstein +1 212 417 8700 +1 212 571 0392 philip_weinstein@fd.org
Other Parties
No Logo John Afriyie, Defendant (1)

Represented by Blank Rome LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Designation: CJA Appointment Susan C. Wolfe +1 212 885 5000 +1 212 885 5001 SWolfe@BlankRome.com

Represented by Federal Defenders of New York, Inc.

Name Phone Fax E-Mail
TERMINATED: 10/13/2016, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Designation: Public Defender or Community Defender Appointment Amy Gallicchio +1 718 812 6164 Amy_Gallicchio@fd.org
TERMINATED: 10/13/2016, ATTORNEY TO BE NOTICED, Designation: Public Defender or Community Defender Appointment Philip L Weinstein +1 212 417 8700 +1 212 571 0392 philip_weinstein@fd.org

Represented by Suite C

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Designation: CJA Appointment Ezra Spilke +1 646 762 9713 +Pleas eus eavalid ezra@spilkelaw.com
No Logo Msd Capital, L.p., Interested party
Officer/Director, Dell, Michael S.
Officer/Director, I-many, Inc.
Officer/Director, IHOP CORP
Officer/Director, Macneal Schwendler Corp
Officer/Director, Tyler Corp /new/
Officer/Director, Msd Sbi Lp
Officer/Director, MSD Torchlight, L.P.
Officer/Director, Darling International, Inc.
Tyler Technologies, Inc. Officer/Director, Tyler Technologies, Inc.
Officer/Director, School Specialty, Inc.

Represented by Sullivan & Cromwell LLP

Name Phone Fax E-Mail
Space Nicole Ware Friedlander +1 212 558 4000 +1 212 558 3588 friedlandern@sullcrom.com
Space Alexander John Willscher +1 212 558 4104 +1 212 358 9236 willschera@sullcrom.com

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

Attributes
Case Status closed
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 230 Filed: 9/23/2022, Entered: None Endorsed Letter
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Legal Document (Payment Possibly Required) 229 Filed: 9/21/2022, Entered: None Letter
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Legal Document (Payment Possibly Required) 228 Filed: 8/10/2022, Entered: None Memo Endorsement
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Legal Document (Payment Possibly Required) 227 Filed: 8/9/2022, Entered: None Letter
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Legal Document (Payment Possibly Required) 226 Filed: 7/27/2022, Entered: None Memorandum & Opinion
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Legal Document (Payment Possibly Required) 225 Filed: 6/27/2022, Entered: None Memo Endorsement
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Legal Document (Payment Possibly Required) 224 Filed: 6/27/2022, Entered: None Letter
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Legal Document (Payment Possibly Required) 223 Filed: 6/24/2022, Entered: None Order on Motion to Withdraw as Attorney
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Legal Document (Payment Possibly Required) 222 Filed: 6/22/2022, Entered: None Withdraw as Attorney
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Legal Document (Payment Possibly Required) 221 Filed: 6/21/2022, Entered: None Order
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Legal Document (Payment Possibly Required) 220 Filed: 6/20/2022, Entered: None Withdraw as Attorney
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Legal Document (Payment Possibly Required) 219 Filed: 6/9/2022, Entered: None Notice of Attorney Appearance - USA
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Legal Document (Payment Possibly Required) 218 Filed: 5/26/2022, Entered: None USCA Mandate - Final Judgment Appeal
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Legal Document (Payment Possibly Required) 217 Filed: 4/4/2022, Entered: None Order
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Legal Document (Payment Possibly Required) 216 Filed: 3/23/2022, Entered: None Notice (Other)
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Legal Document (Payment Possibly Required) 215 Filed: 3/8/2022, Entered: None Endorsed Letter
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Legal Document (Payment Possibly Required) 214 Filed: 3/4/2022, Entered: None Letter
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Legal Document (Payment Possibly Required) 213 Filed: 3/1/2022, Entered: None Memo Endorsement
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Legal Document (Payment Possibly Required) 212 Filed: 3/1/2022, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 211 Filed: 2/25/2022, Entered: None Order
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Legal Document (Payment Possibly Required) 210 Filed: 2/25/2022, Entered: None USCA Order
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Legal Document (Payment Possibly Required) 209 Filed: 2/18/2022, Entered: None Certificate of Service
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Legal Document (Payment Possibly Required) 208 Filed: 2/18/2022, Entered: None Answer
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Legal Document (Payment Possibly Required) 207 Filed: 2/11/2022, Entered: None Notice (Other)
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Legal Document (Payment Possibly Required) 206 Filed: 2/10/2022, Entered: None Writ of Garnishment Issued
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Legal Document (Payment Possibly Required) 205 Filed: 2/3/2022, Entered: None Application for Writ of Garnishment
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Legal Document (Payment Possibly Required) 204 Filed: 2/3/2022, Entered: None Notice of Attorney Appearance - USA
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Legal Document (Payment Possibly Required) 203 Filed: 5/25/2021, Entered: None Reply Affidavit in Support of Motion
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Legal Document (Payment Possibly Required) 202 Filed: 5/25/2021, Entered: None Reply Memorandum of Law in Support of Motion
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Legal Document (Payment Possibly Required) 201 Filed: 5/11/2021, Entered: None Memorandum in Opposition to Motion
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Legal Document (Payment Possibly Required) 200 Filed: 5/10/2021, Entered: None Memorandum in Opposition to Motion
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Legal Document (Payment Possibly Required) 199 Filed: 4/9/2021, Entered: None Declaration in Support of Motion
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Legal Document (Payment Possibly Required) 198 Filed: 4/9/2021, Entered: None Declaration in Support of Motion
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Legal Document (Payment Possibly Required) 197 Filed: 4/9/2021, Entered: None Memorandum in Support of Motion
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Legal Document (Payment Possibly Required) 195 Filed: 2/19/2021, Entered: None Vacate (2255)
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Legal Document (Payment Possibly Required)  Filed: 11/8/2017, Entered: None Unknown Document Type
NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to John Afriyie: Notice to Attorney Christine Ingrid Magdo to RE-FILE Document 164 Memorandum in Opposition to Motion. Use the event type Letter found under the event list Other Documents. (ka)
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Legal Document (Payment Possibly Required)  Filed: 8/9/2017, Entered: None Unknown Document Type
Appeal Remark as to John Afriyie re: 150 Notice of Appeal. No filing fee required at this time. Appeal filed by CJA appointed counsel. (nd)
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Legal Document (Payment Possibly Required)  Filed: 8/9/2017, Entered: None Unknown Document Type
Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to John Afriyie to US Court of Appeals re: 150 Notice of Appeal - Final Judgment. (nd)
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Legal Document (Payment Possibly Required)  Filed: 8/9/2017, Entered: None Unknown Document Type
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to John Afriyie re: 150 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (nd)
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Legal Document (Payment Possibly Required)  Filed: 7/26/2017, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Sentencing held on 7/26/2017 for John Afriyie (1) Count 1,2. Defendant present (in custody) with attorney, Mithcell Dinnerstein. AUSAs Edward Imperatore & Christine Magdo. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. See judgment. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 2/23/2017, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference as to John Afriyie held on 2/23/2017. Defendant present (in custody) with attorneys, Susan Wolfe & Ezra Spilke (outgoing) & Mitchell Dinnerstein (incoming). AUSA Edward Imperatore present. Court reporter present. Susan Wolfe & Ezra Spilke relieved, Mitchell Dinnerstein appointed. See transcript. Added attorney Mitchell Joel Dinnerstein for John Afriyie. Attorney Ezra Spilke and Susan C. Wolfe terminated in case as to John Afriyie. Motion at Dkt. No. 90 granted. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 1/31/2017, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to John Afriyie held on 1/31/2017. Defendant present (in custody) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore, Christine Magdo, Jennifer Gachiri & Alexander Wilson present. USAO Paralegal Mary Diaz present. Court reporter present. Defense witnesses called. Defense rests. Closing arguments on forfeiture. Jury charged on forfeiture. Marshal sworn. Deliberations on forfeiture began. The jury reached a verdict on forfeiture. See transcript. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 1/31/2017, Entered: None Unknown Document Type
Set/Reset Hearings as to John Afriyie: Sentencing set for 5/3/2017 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 1/31/2017, Entered: None Unknown Document Type
Order of Referral to Probation for Presentence Investigation and Report as to John Afriyie. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 1/30/2017, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to John Afriyie held on 1/30/2017. Defendant present (in custody) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore, Christine Magdo, Jennifer Gachiri & Alexander Wilson present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Closing arguments. Jury charged. Marshal sworn. Deliberations began. The jury reached a verdict. Forfeiture phase of trial began. Opening statements, government witnesses called, government rests. Trial continued to 1/31/2017. See transcript. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 1/27/2017, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to John Afriyie held on 1/27/2017. Defendant present (in custody) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore, Christine Magdo & Alexander Wilson present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Government rests. Defense rests. Trial continued to 1/30/2017. See transcript. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 1/26/2017, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to John Afriyie held on 1/26/2017. Defendant present (in custody) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore & Christine Magdo present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Government's case continued. Charge conference held. Trial continued to 1/27/2017. See transcript. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 1/25/2017, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to John Afriyie held on 1/25/2017. Defendant present (in custody) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore & Christine Magdo present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Government's case continued. Trial continued to 1/26/2017. See transcript. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 1/24/2017, Entered: None Unknown Document Type
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Jennifer Lane Gachiri as to John Afriyie: to MANUALLY RE-FILE Document Document No. 71 Forfeiture Special Verdict Form. This document is not filed via ECF. (ka)
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Legal Document (Payment Possibly Required)  Filed: 1/24/2017, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Voir Dire held on 1/24/2017 as to John Afriyie. Defendant present (in custody) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore & Christine Magdo present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Jury panel sworn, voir dire began. Jury selected and sworn. Jury instructions issued. See transcript. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 1/24/2017, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to John Afriyie held on 1/24/2017. Defendant present (in custody) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore & Christine Magdo present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Government opening statement. John Afriyie opening statement. Government's witnesses called. Trial continued to 1/25/2017. See transcript. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 1/23/2017, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to John Afriyie held on 1/23/2017. Defendant not present. Defense attorneys Ezra Spilke & Susan Wolfe present. AUSAs Edward Imperatore & Christine Magdo present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Bench warrant issued. See transcript. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 1/23/2017, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Bond Revocation Hearing as to John Afriyie held on 1/23/2017. Defendant present (in custody), with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore & Christine Magdo present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Bond revoked, Defendant remanded. See transcript. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 1/12/2017, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to John Afriyie held on 1/12/2017. Defendant present (on bail) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore & Christine Magdo present. FBI SA Michael Savona present. USAO Paralegal Mary Diaz present. Court reporter present. See transcript. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 1/11/2017, Entered: None Unknown Document Type
NOTICE OF HEARING as to John Afriyie Pretrial Conference set for 1/12/2017 at 04:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. The conference previously scheduled for 1/12/2017 at 5:00 PM is hereby rescheduled to 1/12/2017 at 04:00 PM. Notice entered by Courtroom Deputy A.J. Smallman.(ajs)
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Legal Document (Payment Possibly Required)  Filed: 1/6/2017, Entered: None Unknown Document Type
NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to John Afriyie: Notice to Attorney Christine Ingrid Magdo to RE-FILE Document 49 Proposed Jury Instructions. Use the event type Request to Charge found under the event list Trial Documents. (ka)
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Legal Document (Payment Possibly Required)  Filed: 1/6/2017, Entered: None Unknown Document Type
NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to John Afriyie: Notice to Attorney Susan C. Wolfe to RE-FILE Document 53 Proposed Examination of Jurors. Use the event type Proposed Voir Dire Questions found under the event list Trial Documents. (ka)
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Legal Document (Payment Possibly Required)  Filed: 1/5/2017, Entered: None Unknown Document Type
Set/Reset Deadlines/Hearings as to John Afriyie: Motions due by 1/6/2017. Replies due by 1/10/2017 (jw)
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Legal Document (Payment Possibly Required)  Filed: 12/16/2016, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Suppression Hearing as to John Afriyie held on 12/16/2016. Defendant present (on bail) with attorneys Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore & Christine Magdo present with paralegal specialist Mary Diaz. Court reporter present. Bail continued. See transcript. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 12/14/2016, Entered: None Unknown Document Type
NOTICE OF HEARING as to John Afriyie Suppresion Hearing set for 12/16/2016 at 11:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. The hearing previously scheduled for 12:30 PM is hereby rescheduled for 11:00 AM. Notice entered by Courtroom Deputy A.J. Smallman.(ajs)
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Legal Document (Payment Possibly Required)  Filed: 12/5/2016, Entered: None Unknown Document Type
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to John Afriyie: Notice to Attorney Ezra Spilke to RE-FILE Document 35 Memorandum in Support of Motion. ERROR(S): Attorney signature missing from document. (ka)
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Legal Document (Payment Possibly Required)  Filed: 11/28/2016, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference as to John Afriyie held on 11/28/2016. Defendant present (on bail) with attorney, Ezra Spilke. AUSAs Edward Imperatore & Christine Magdo present. Court reporter present. See transcript. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 11/23/2016, Entered: None Unknown Document Type
NOTICE OF HEARING as to John Afriyie Status Conference set for 11/28/2016 at 04:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Notice entered by Courtroom Deputy, A.J. Smallman.(ajs)
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Legal Document (Payment Possibly Required)  Filed: 10/13/2016, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Substitution of Counsel Hearing as to John Afriyie held on 10/13/2016. Defendant present (on bail) with attorneys Amy Gallicchio & Philip Weinstein. AUSAs Edward Imperatore & Christine Magdo present. Court reporter present. Amy Gallicchio and Philip Weinstein relieved, Ezra Spilke appointed. Motion at Dkt. No. 25 GRANTED. Time excluded to 11/28/2016. See transcript. Attorney Amy Gallicchio and Philip L Weinstein terminated in case as to John Afriyie. Motions terminated as to John Afriyie: 25 LETTER MOTION addressed to Judge Paul A. Engelmayer from Amy Gallicchio dated October 7, 2016 re: Substitution of Counsel . filed by John Afriyie (ajs)
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Legal Document (Payment Possibly Required)  Filed: 10/13/2016, Entered: None Unknown Document Type
Set/Reset Hearings as to John Afriyie: Status Conference set for 11/28/2016 at 05:00 PM in Courtroom 506, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 10/12/2016, Entered: None Unknown Document Type
Set/Reset Hearings as to John Afriyie: Status Conference set for 10/13/2016 at 04:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 10/11/2016, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference as to John Afriyie held on 10/11/2016. Defendant present (on bail) with attorneys, Amy Gallicchio & Philip Weinstein. AUSAs Edward Imperatore & Christine Magdo present. Court reporter present. See transcript. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 8/29/2016, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference as to John Afriyie held on 8/29/2016. Defendant present (on bail) with attorneys Amy Gallicchio & Philip Weinstein. AUSA Edward Imperatore present. Court reporter present. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 7/27/2016, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to John Afriyie held on 7/27/2016. Defendant present (on bail), with attorney Amy Gallichcio. AUSA Edward Imperatore present with FBI SA Samuel Moon present. Court reporter present. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 7/27/2016, Entered: None Unknown Document Type
Set/Reset Hearings as to John Afriyie: Jury Trial set for 1/23/2017 at 09:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Pretrial Conference set for 10/11/2016 at 02:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Jury Trial set for 1/24/2017 at 09:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Jury Trial set for 1/25/2017 at 09:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Jury Trial set for 1/26/2017 at 09:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Jury Trial set for 1/27/2017 at 09:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.. (ajs)
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Legal Document (Payment Possibly Required)  Filed: 6/6/2016, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Arraignment as to John Afriyie (1) Count 1,2 held on 6/6/2016. Defendant present (on bail) with attorney, Amy Gallicchio. AUSA Edward Imperatore & FBI Special Agent Samuel Moon present. Court reporter present. Defendant pleads not guilty to counts 1 & 2. (jw)
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Legal Document (Payment Possibly Required)  Filed: 6/6/2016, Entered: None Unknown Document Type
Minute Entry for proceedings held before Judge Paul A. Engelmayer: Plea entered by John Afriyie (1) Count 1,2 Not Guilty. (jw)
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Legal Document (Payment Possibly Required)  Filed: 6/3/2016, Entered: None Unknown Document Type
Set/Reset Deadlines/Hearings as to John Afriyie: Status Conference set for 6/6/2016 at 03:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ft)
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Legal Document (Payment Possibly Required)  Filed: 6/1/2016, Entered: None Unknown Document Type
Case Designated ECF as to John Afriyie (jm)
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Legal Document (Payment Possibly Required)  Filed: 6/1/2016, Entered: None Unknown Document Type
Attorney update in case as to John Afriyie. Attorney Edward Arthur Imperatore for USA added. (jm)
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Legal Document (Payment Possibly Required)  Filed: 4/13/2016, Entered: None Unknown Document Type
Arrest of John Afriyie. (dif) [1:16-mj-02423-UA]
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Blank  Filed: 7/16/2020, Entered: 7/16/2020
Updated Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to B6EA479 re: 194 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp)
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Blank  Filed: 7/13/2020, Entered: 7/13/2020
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to B6EA479 re: 194 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp)
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Blank  Filed: 7/13/2020, Entered: 7/13/2020
Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to B6EA479 to US Court of Appeals re: 194 Notice of Appeal. (tp)
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Blank  Filed: 7/13/2020, Entered: 7/13/2020
Appeal Remark as to B6EA479 re: 194 Notice of Appeal. $505.00 Appeal Fee Waived. Attorney CJA. (tp) Modified on 7/16/2020 (tp).
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Legal Document (Payment Possibly Required) 194 Filed: 7/13/2020, Entered: 7/13/2020
NOTICE OF APPEAL by B6EA479 from 192 Order. (tp)
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Legal Document (Payment Possibly Required) 193 Filed: 7/2/2020, Entered: 7/2/2020 Court Filing
AMENDED JUDGMENT IN A CRIMINAL CASE as to B6EA479 (1). Date of Original Judgment: 7/27/2017. RESTITUTION: $511,368,92. Name of Payee: See Amended Order of Restitution filed separately. Special instructions regarding the payment of criminal monetary penalties: See Amended Order of Restitution filed separately on ECF. Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. (Signed by Judge Paul A. Engelmayer on 7/1/2020) (ap) Modified on 7/6/2020 (ap).
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Legal Document (Payment Possibly Required) 192 Filed: 7/1/2020, Entered: 7/1/2020 Court Filing
AMENDED ORDER OF RESTITUTION as to B6EA479. Upon the application of the United States of America, by its attorney, Geoffrey S. Berman, United States Attorney for the Southern District of New York, Christine I. Magdo and Edward A. Imperatore, Assistant United States Attorneys, of counsel; the presentence report; the Defendants conviction on Counts One and Two of the above Indictment; information provided by MSD Capital, L.P.; and all other proceedings in this case, it is hereby ORDERED that: B6EA479, the Defendant, shall pay restitution in the total amount of $511,368.92 to the victim of the offenses charged in Counts One and Two, namely: MSD Capital. L.P., Attn: Marc Lisker, 645 Fifth Avenue, New York, NY 10022. Upon advice of a change of address, the Clerk of the Court is authorized to send payments to the new address without further order of this Court. (Signed by Judge Paul A. Engelmayer on 7/1/2020) (Order forwarded to finance unit via email on 7/1/2020) (ap)
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Legal Document (Payment Possibly Required) 191 Filed: 6/26/2020, Entered: 6/26/2020 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated June 26, 2020 re: Letter Requesting Filing of the Amended Order of Restitution and Amended Judgment (Dinnerstein, Mitchell)
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Legal Document (Payment Possibly Required) 190 Filed: 2/11/2020, Entered: 2/11/2020 Court Filing
OPINION & ORDER as to B6EA479. CONCLUSION: For the reasons stated above, the Court approves a restitution order for MSD Capital, L.P., defendant B6EA479 employer and the victim of his insider-trading and wire-fraud offenses, in the amount of $511,368.92. An amended order of restitution, and an amended judgment, consistent with this order, will issue shortly. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/11/20)(jbo)
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Legal Document (Payment Possibly Required) 189 Filed: 2/10/2020, Entered: 2/10/2020 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated February 10, 2020 re: Restitution question presented by the Court (Dinnerstein, Mitchell)
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Legal Document (Payment Possibly Required) 188 Filed: 1/24/2020, Entered: 1/24/2020 Court Filing
LETTER REPLY TO RESPONSE to Motion by USA as to B6EA479 addressed to Judge Paul A. Engelmayer from AUSA Christine Magdo dated January 24, 2020 re 183 LETTER MOTION addressed to Judge Paul A. Engelmayer from AUSA Christine Magdo dated December 20, 2019 re: entry of proposed Amended Order of Restitution .. (Magdo, Christine)
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Legal Document (Payment Possibly Required) 187 Filed: 1/3/2020, Entered: 1/3/2020 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated January 3, 2020 re: Opposition to Proposed Order of Restitution (Dinnerstein, Mitchell)
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Legal Document (Payment Possibly Required) 186 Filed: 12/26/2019, Entered: 12/26/2019 Court Filing
MEMO ENDORSEMENT as to B6EA479 on re: 185 LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated December 24, 2019 re: Issue of CJA Representation and Delay in Reply to Opposition or Response to a Proposed Order until February 18, 2020 Regarding Restitution. ENDORSEMENT: The Court re-appoints Mr. Dinnerstein to represent Mr. B6EA479 as CJA counsel on this matter, with respect to the pending issue of the calculation of restitution. Mr. Dinnerstein's response on behalf of Mr. B6EA479 is due January 17, 2020. The Government's reply is due January 24, 2020. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/26/2019) (lnl)
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Legal Document (Payment Possibly Required) 185 Filed: 12/24/2019, Entered: 12/24/2019 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated December 24, 2019 re: Issue of CJA Representation and Delay in Reply to Opposition or Response to a Proposed Order until February 18, 2020Regarding Restitution (Dinnerstein, Mitchell)
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Blank  Filed: 12/20/2019, Entered: 12/20/2019
Set/Reset Deadlines/Hearings as to B6EA479: Responses due by 12/27/2019. (jw)
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Legal Document (Payment Possibly Required) 184 Filed: 12/20/2019, Entered: 12/20/2019 Court Filing
MEMO ENDORSEMENT 183 LETTER MOTION The Government respectfully submits for the Court's consideration a proposed Amended Order of Restitution in the above captioned case as to B6EA479..ENDORSEMENT...Any opposition or response by the defendant to the proposed amended order of restitution is due no later than December 27, 2019. (Signed by Judge Paul A. Engelmayer on 12/20/19) (jw)
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Legal Document (Payment Possibly Required) 183 Filed: 12/20/2019, Entered: 12/20/2019 Court Filing
LETTER MOTION addressed to Judge Paul A. Engelmayer from AUSA Christine Magdo dated December 20, 2019 re: entry of proposed Amended Order of Restitution . Document filed by USA as to B6EA479. (Attachments: # 1 Text of Proposed Order Amended Order of Restitution, # 2 Letter on behalf of MSD regarding restitution)(Magdo, Christine)
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Blank  Filed: 10/18/2019, Entered: 10/18/2019
Transmission of USCA Mandate/Order to the District Judge re: 182 USCA Mandate - Final Judgment Appeal. (tp)
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Legal Document (Payment Possibly Required) 182 Filed: 10/18/2019, Entered: 10/18/2019 Court Filing
MANDATE of USCA (Certified Copy) as to B6EA479 re: 150 Notice of Appeal - Final Judgment, Appeal Record Sent to USCA - Electronic File, 180 USCA Order, Appeal Remark, Transmission of Notice of Appeal and Docket Sheet to USCA, Transmission of Notice of Appeal and Docket Sheet to USCA, 181 USCA Order - Other, Appeal Record Sent to USCA - Electronic File, Transmission of USCA Mandate/Order to District Judge, 179 Notice of Appeal - Final Judgment USCA Case Number 17-2444, 17-4045. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of conviction and order of forfeiture are AFFIRMED, the restitution order is VACATED, and the case is REMANDED for further proceedings. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/18/2019. (tp)
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Legal Document (Payment Possibly Required) 181 Filed: 10/18/2019, Entered: 10/18/2019
OPINION of USCA (Certified Copy) as to B6EA479 re: 150 Notice of Appeal - Final Judgment, 179 Notice of Appeal - Final Judgment. USCA Case Number 17-2444, 17-4045. We have considered the remainder of Afriyies arguments and find them to be without merit. For the foregoing reasons, the judgment of conviction and order of forfeiture are hereby AFFIRMED, the restitution order is VACATED, and the case is REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 10/18/2019. (tp) Modified on 10/18/2019 (tp).
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Blank  Filed: 7/8/2019, Entered: 7/8/2019
Transmission of USCA Opinin to the District Judge re: 180 USCA Opinion,. (nd)
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Legal Document (Payment Possibly Required) 180 Filed: 7/8/2019, Entered: 7/8/2019
OPINION of USCA (certified copy) re: 150 Notice of Appeal - Final Judgment, 179 Notice of Appeal. USCA Case Number 17-2444, 17-4045. B6EA479 appeals from a judgment of conviction entered on July 28, 2017, an order of forfeiture entered on July 27, 2017, and a restitution order entered on December 11, 2017, by the United States District Court for the Southern District of New York (Paul A. Engelmayer, J.), following a one-week jury trial. The jury found B6EA479 guilty of both counts with which he was charged: (1) securities fraud, in violation of 15 U.S.C. §§ 78j(b) and 78ff, and 17 C.F.R. § 240.10b5, and (2) wire fraud, in violation of 18 U.S.C. § 1343. B6EA479 was sentenced principally to 45 months' imprisonment, to be followed by three years supervised release. The district court imposed forfeiture in the amount of $2,780,720.02 and restitution in the amount of $663,028.92. We affirm the judgment of conviction, finding no error in the district court's jury instructions, admission of lay testimony, and calculation of loss. We hold that, as a matter of law, forfeiture is not limited to the amount of funds acquired through illegal transactions in an insidertrading scheme; rather, forfeiture may extend to appreciation of those funds. We therefore affirm the forfeiture calculation and order in this case. Because Lagos v. United States, 138 S. Ct. 1684 (2018), decided after B6EA479 sentencing, addresses the categories of fees recoverable under the Mandatory Victims Restitution Act, limited remand to recalculate restitution is appropriate. Affirmed in part, vacated in part, and remanded. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 07/08/2019. (nd)
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Blank  Filed: 12/18/2017, Entered: 12/18/2017
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to B6EA479 re: 179 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd)
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Blank  Filed: 12/18/2017, Entered: 12/18/2017
Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to B6EA479 to US Court of Appeals re: 179 Notice of Appeal. (nd)
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Legal Document (Payment Possibly Required) 179 Filed: 12/18/2017, Entered: 12/18/2017
NOTICE OF APPEAL by B6EA479 from 177 Order on Letter Motion. (nd)
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Legal Document (Payment Possibly Required) 178 Filed: 12/11/2017, Entered: 12/12/2017 Court Filing
ORDER as to B6EA479: The Court has received and reviewed the Government's proposed order of restitution, Dkt. 158, as well as defendant B6EA479 "updated restitution objections," Dkt. 166. This order explains the Court's decision to issue the proposed order of restitution, which directs that B6EA479 pay $663,028.92 in restitution to his former employer, MSD Capital L.P. ("MSD"). (Signed by Judge Paul A. Engelmayer on 12/11/2017) (See ORDER as set forth) (lnl)
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Legal Document (Payment Possibly Required) 177 Filed: 12/11/2017, Entered: 12/12/2017 Court Filing
ORDER OF RESTITUTION as to B6EA479 (1). (Signed by Judge Paul A. Engelmayer on 12/11/2017) (See ORDER as set forth) (lnl)
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Legal Document (Payment Possibly Required) 176 Filed: 12/11/2017, Entered: 12/12/2017 Court Filing
OPINION AND ORDER as to B6EA479: For the foregoing reasons, the Court dismisses MSD's motion. The Clerk of Court is respectfully directed to close the motion pending at Dkt. 161. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/11/2017) (See OPINION AND ORDER as set forth) (lnl)
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Legal Document (Payment Possibly Required) 175 Filed: 12/11/2017, Entered: 12/11/2017 Court Filing
ORDER as to B6EA479. To ensure a complete public record in this matter, the Court hereby attaches to this order a letter and appendix filed via email by third party MSD Capital, L.P. on July 25, 2017. (Signed by Judge Paul A. Engelmayer on 12/11/2017)(ft)
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Legal Document (Payment Possibly Required) 174 Filed: 12/11/2017, Entered: 12/11/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Conference proceeding held on 2/23/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 173 Filed: 12/11/2017, Entered: 12/11/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Conference held on 2/23/17 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, 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. Redaction Request due 1/2/2018. Redacted Transcript Deadline set for 1/11/2018. Release of Transcript Restriction set for 3/12/2018. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 172 Filed: 11/29/2017, Entered: 11/29/2017 Court Filing
LETTER by MSD Capital, L.P. as to B6EA479 addressed to Judge Paul A. Engelmayer from Nicole Friedlander dated November 29, 2017 re: Victim MSD Capital, L.P.s reply in support of its motion to vacate the April 21, 2017 forfeiture order and direct that proceeds be applied to restitution Document filed by MSD Capital, L.P.. (Attachments: # 1 Appendix Declaration of Friedlander)(Friedlander, Nicole)
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Legal Document (Payment Possibly Required) 171 Filed: 11/27/2017, Entered: 11/27/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Presentment proceeding held on 4/13/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. (ft)
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Legal Document (Payment Possibly Required) 170 Filed: 11/27/2017, Entered: 11/27/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Presentment held on 4/13/2016 before Magistrate Judge James L. Cott. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771, 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. Redaction Request due 12/18/2017. Redacted Transcript Deadline set for 12/28/2017. Release of Transcript Restriction set for 2/26/2018. (ft)
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Legal Document (Payment Possibly Required) 169 Filed: 11/20/2017, Entered: 11/20/2017 Court Filing
MEMO ENDORSEMENT as to B6EA479 on re: 165 LETTER by MSD Capital, L.P. addressed to Judge Paul A. Engelmayer from Nicole Friedlander dated November 9, 2017 re: the Government's letter in opposition to MSD's motion to vacate the forfeiture order, and direct that proceeds first be applied to restitution. ENDORSEMENT: Granted. MSD is permitted to submit a reply brief, not to exceed five single-spaced pages, due on Wednesday, November 29, 2017. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/20/2017)(bw)
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Legal Document (Payment Possibly Required) 168 Filed: 11/13/2017, Entered: 11/13/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Conference proceeding held on 10/11/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 167 Filed: 11/13/2017, Entered: 11/13/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Conference held on 10/11/17 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, 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. Redaction Request due 12/4/2017. Redacted Transcript Deadline set for 12/14/2017. Release of Transcript Restriction set for 2/12/2018. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 166 Filed: 11/9/2017, Entered: 11/9/2017 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated November 9, 2017 re: Restitution/Forfeiture Issue (Dinnerstein, Mitchell)
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Legal Document (Payment Possibly Required) 165 Filed: 11/9/2017, Entered: 11/9/2017 Court Filing
LETTER by MSD Capital, L.P. as to B6EA479 addressed to Judge Paul A. Engelmayer from Nicole Friedlander dated November 9, 2017 re: the Government's letter in opposition to MSD's motion to vacate the forfeiture order, and direct that proceeds first be applied to restitution Document filed by MSD Capital, L.P.. (Friedlander, Nicole)
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Blank  Filed: 11/8/2017, Entered: 11/8/2017
NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to B6EA479: Notice to Attorney Christine Ingrid Magdo to RE-FILE Document 164 Memorandum in Opposition to Motion. Use the event type Letter found under the event list Other Documents. (ka)
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Legal Document (Payment Possibly Required) 164 Filed: 11/7/2017, Entered: 11/7/2017
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM in Opposition by USA as to B6EA479 re 161 MOTION to Vacate Forfeiture and Direct Proceeds to Restitution by Interested Party MSD Capital, L.P... (Magdo, Christine) Modified on 11/8/2017 (ka).
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Legal Document (Payment Possibly Required) 163 Filed: 10/31/2017, Entered: 11/1/2017 Court Filing
ORDER as to B6EA479: The Court has received an application from MSD Capital, LLP, seeking to have a portion of the funds held forfeitable in this case utilized for restitution, the Court having held previously held, on the Government's motion, that MSD is entitled to such restitution. See Sent. Tr. at 51. The Court expects that the Government will now consider internally whether to consent to or oppose this application. The Court further encourages the Government and MSD to meet and confer as to whether they can jointly agree on this issue, so as to moot the controversy presented by MSD's motion. In the event the Government does not agree to MSD's proposal and the parties cannot agree on a resolution, a response by the Government, in the form of a letter memorandum, is due Tuesday, November 7, 2017. In addition to setting forth the Government's position, the letter memorandum should address whether, as a matter of law, the Court has the discretion to order the relief sought by MSD, and whether MSD's application for such relief is timely. The Court does not invite a reply submission by MSD. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/31/2017) (lnl)
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Legal Document (Payment Possibly Required) 162 Filed: 10/31/2017, Entered: 10/31/2017
DECLARATION of Nicole Friedlander in Support by MSD Capital, L.P. as to B6EA479 re: 161 MOTION to Vacate Forfeiture and Direct Proceeds to Restitution by Interested Party MSD Capital, L.P... (Willscher, Alexander)
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Legal Document (Payment Possibly Required) 161 Filed: 10/31/2017, Entered: 10/31/2017
MOTION to Vacate Forfeiture and Direct Proceeds to Restitution by Interested Party MSD Capital, L.P.. Document filed by MSD Capital, L.P. as to B6EA479. (Willscher, Alexander)
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Legal Document (Payment Possibly Required) 160 Filed: 10/30/2017, Entered: 10/31/2017 Court Filing
ORDER as to B6EA479: IT IS HEREBY ORDERED that MSD Capital, L.P. is an Interested Party represented by Alexander Willscher and Nicole Friedlander, and the Clerk's Office is directed to add MSD to the docket sheet. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/30/2017) (lnl)
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Legal Document (Payment Possibly Required) 159 Filed: 10/30/2017, Entered: 10/30/2017 Court Filing
LETTER MOTION addressed to Judge Paul A. Engelmayer from AUSA Christine Magdo dated October 30, 2017 re: deadline for Government to respond to motion to vacate forfeiture . Document filed by USA as to B6EA479. (Magdo, Christine)
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Legal Document (Payment Possibly Required) 158 Filed: 10/27/2017, Entered: 10/27/2017 Court Filing
LETTER MOTION addressed to Judge Paul A. Engelmayer from AUSA Christine Magdo dated October 27, 2017 re: entry of Order of Restitution . Document filed by USA as to B6EA479. (Attachments: # 1 Proposed Order of Restitution, # 2 Letter dated 10/26/17 from MSD Capital's outside counsel, # 3 Invoices from MSD Capital's outside counsel)(Magdo, Christine)
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Legal Document (Payment Possibly Required) 157 Filed: 10/19/2017, Entered: 10/19/2017 Court Filing
ENDORSED LETTER as to B6EA479 addressed to Judge Paul A. Engelmayer from Robert A. Culp dated 10/18/17 re: I ask the Court to accept this letter concerning transcripts that I need to order...ENDORSEMENT: The Court GRANTS this request and asks that the Office of the Southern District Court Reporters provide Mr. Culp copies of the requested transcripts. (Signed by Judge Paul A. Engelmayer on 10/19/17)(jw)
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Legal Document (Payment Possibly Required) 156 Filed: 10/18/2017, Entered: 10/18/2017 Court Filing
MEMO ENDORSEMENT as to B6EA479 (1)granting 155 LETTER MOTION addressed to Judge Paul A. Engelmayer from AUSA Christine Magdo dated October 18, 2017 re: extension of time to submit final restitution order. ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 155. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/18/2017) (lnl)
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Legal Document (Payment Possibly Required) 155 Filed: 10/18/2017, Entered: 10/18/2017 Court Filing
LETTER MOTION addressed to Judge Paul A. Engelmayer from AUSA Christine Magdo dated October 18, 2017 re: extension of time to submit final restitution order . Document filed by USA as to B6EA479. (Magdo, Christine)
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Legal Document (Payment Possibly Required) 154 Filed: 10/4/2017, Entered: 10/4/2017 Court Filing
ENDORSED LETTER as to B6EA479 addressed to Judge Paul A. Engelmayer from Edward A. Imperatore, Christine I. Magdo dated 10/3/17 re: To request a two week extension of the October 4, 2017....ENDORSEMENT: Granted. The final restitution order will be due October 18, 2017. (Signed by Judge Paul A. Engelmayer on 10/4/17)(jw)
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Legal Document (Payment Possibly Required) 153 Filed: 10/3/2017, Entered: 10/3/2017 Court Filing
LETTER MOTION addressed to Judge Paul A. Engelmayer from Edward Imperatore dated 10/3/17 re: extension of time to submit restitution order . Document filed by USA as to B6EA479. (Imperatore, Edward)
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Legal Document (Payment Possibly Required) 152 Filed: 9/5/2017, Entered: 9/5/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/26/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 151 Filed: 9/5/2017, Entered: 9/5/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Sentence held on 7/26/17 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300, 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. Redaction Request due 9/26/2017. Redacted Transcript Deadline set for 10/6/2017. Release of Transcript Restriction set for 12/4/2017. (McGuirk, Kelly)
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Blank  Filed: 8/9/2017, Entered: 8/9/2017
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to B6EA479 re: 150 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (nd)
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Blank  Filed: 8/9/2017, Entered: 8/9/2017
Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to B6EA479 to US Court of Appeals re: 150 Notice of Appeal - Final Judgment. (nd)
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Blank  Filed: 8/9/2017, Entered: 8/9/2017
Appeal Remark as to B6EA479 re: 150 Notice of Appeal. No filing fee required at this time. Appeal filed by CJA appointed counsel. (nd)
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Legal Document (Payment Possibly Required) 150 Filed: 8/9/2017, Entered: 8/9/2017
NOTICE OF APPEAL by B6EA479 from 149 Judgment,,. (nd)
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Legal Document (Payment Possibly Required) 149 Filed: 7/28/2017, Entered: 7/28/2017 Court Filing
JUDGMENT IN A CRIMINAL CASE as to B6EA479 (1), Found guilty to Count(s) 1 and Count(s) 2, Imprisonment for a total term of Forty-Five (45) months on both counts, the terms to run concurrently. Supervised release for a term of Three Years on both counts, the terms to run concurrently. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be designated to FCI Otisville, or a facility as near as possible to the New York City area. Special Assessment of $200 which is due immediately. (Signed by Judge Paul A. Engelmayer on 7/27/17)(jw)
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Legal Document (Payment Possibly Required) 148 Filed: 7/27/2017, Entered: 7/27/2017 Court Filing
FINAL ORDER OF FORFEITURE as to (16-Cr-377-01) B6EA479. WHEREAS, on or about May 10, 2017, the Court entered a Preliminary Order of Forfeiture as to Substitute Asset (the "Preliminary Order of Forfeiture") (D.E. 130), forfeiting to the United States all right, title and interest of B6EA479 (the "Defendant") in $56,266.20 in United States currency, formerly on deposit in the TD Ameritrade Account, seized on or about May 16, 2016 (the "Substitute Asset");...[See this Order]... NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. All right, title and interest in the Substitute Asset is hereby forfeited and vested in the United States of America, and shall be disposed of according to law. 2.Pursuant to Title 21, United States Code, Section 853(n)(7) the United States of America shall and is hereby deemed to have clear title to the Substitute Asset. 3. The United States Marshals Service (or its designee) shall take possession of the Substitute Asset and dispose of the same according to law, in accordance with Title 21, United States Code, Section 853(h). 4. The Clerk of the Court shall forward four certified copies of this Final Order of Forfeiture to Assistant United States Attorney Sarah K. Eddy, CO-Chief, Money Laundering and Asset Forfeiture Unit, United States Attorney's Office, Southern District of New York, One St. Andrew's Plaza, New York, New York 10007. SO ORDERED: (Signed by Judge Paul A. Engelmayer on 7/26/2017) [*** NOTE: The Clerk of the Court has forwarded four certified copies of this Final Order of Forfeiture to AUSA Sarah K. Eddy, by inter-office mail on 7/27/2017. ***] (bw)
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Blank  Filed: 7/26/2017, Entered: 7/27/2017
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Sentencing held on 7/26/2017 for B6EA479 (1) Count 1,2. Defendant present (in custody) with attorney, Mithcell Dinnerstein. AUSAs Edward Imperatore & Christine Magdo. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. See judgment. (ajs)
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Legal Document (Payment Possibly Required) 147 Filed: 7/25/2017, Entered: 7/25/2017 Court Filing
LETTER by USA as to B6EA479 addressed to Judge Paul A. Engelmayer from Edward Imperatore dated 7/25/2017 re: restitution Document filed by USA. (Imperatore, Edward)
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Legal Document (Payment Possibly Required) 146 Filed: 7/24/2017, Entered: 7/24/2017 Court Filing
ORDER as to B6EA479. (Signed by Judge Paul A. Engelmayer on 7/24/2017)(ajs)
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Legal Document (Payment Possibly Required) 145 Filed: 7/24/2017, Entered: 7/24/2017 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated July 24, 2017 re: Summary of Forfeiture Issue (Dinnerstein, Mitchell)
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Legal Document (Payment Possibly Required) 144 Filed: 7/21/2017, Entered: 7/21/2017 Court Filing
MEMO ENDORSEMENT as to B6EA479 on re: 143 Letter filed by B6EA479. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/21/2017)(ft)
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Legal Document (Payment Possibly Required) 143 Filed: 7/21/2017, Entered: 7/21/2017 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated July 21, 2017 re: A request to respond to the Government's Forfeiture letter until July 24, 2017 (Dinnerstein, Mitchell)
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Legal Document (Payment Possibly Required) 142 Filed: 7/21/2017, Entered: 7/21/2017 Court Filing
LETTER by USA as to B6EA479 addressed to Judge Paul A. Engelmayer from AUSA Christine Magdo dated July 21, 2017 re: Forfeiture Document filed by USA. (Magdo, Christine)
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Legal Document (Payment Possibly Required) 141 Filed: 7/19/2017, Entered: 7/19/2017
SENTENCING SUBMISSION by USA as to B6EA479. (Attachments: # 1 MSD letter re: restitution, # 2 MSD invoices)(Imperatore, Edward)
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Legal Document (Payment Possibly Required) 140 Filed: 7/19/2017, Entered: 7/19/2017
SENTENCING SUBMISSION by USA as to B6EA479. (Imperatore, Edward)
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Legal Document (Payment Possibly Required) 139 Filed: 7/19/2017, Entered: 7/19/2017 Court Filing
ORDER as to B6EA479. Sentencing in this case is scheduled for Wednesday, July 26, 2017, at 3 :00 p.m. By letter dated July 17, 2017, Dkt. No. 137, defense counsel has asked the Court to reconsider its order with respect to the forfeiture of assets not covered by the jury's forfeiture determination. The Court will honor that request and hear counsel on the issue of forfeiture early in the sentencing proceeding. To assist the Court in its preparation, the Court asks counsel for each side to file a letter, due Friday, July 21, 2017 at 5:00 p.m., recapping its position on the facts and law with respect to the forfeiture issue. SO ORDERED. (Sentencing set for 7/26/2017 at 03:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 7/19/2017)(ft)
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Legal Document (Payment Possibly Required) 138 Filed: 7/18/2017, Entered: 7/18/2017
SERVICE BY PUBLICATION as to B6EA479. A Notice of Criminal Forfeiture was published in the official government site, www.forfeiture.gov on May 25, 2017 through June 23, 2017. Document filed by USA as to B6EA479. (Gachiri, Jennifer)
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Legal Document (Payment Possibly Required) 137 Filed: 7/17/2017, Entered: 7/17/2017 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated July 17, 2017 re: Review of Forfeiture Order (Dinnerstein, Mitchell)
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Legal Document (Payment Possibly Required) 136 Filed: 7/13/2017, Entered: 7/13/2017
SENTENCING SUBMISSION by B6EA479. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4-18, # 5 Exhibit 19, # 6 Exhibit 20)(Dinnerstein, Mitchell)
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Legal Document (Payment Possibly Required) 135 Filed: 5/30/2017, Entered: 5/30/2017 Court Filing
ENDORSED LETTER as to B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated 5/26/17 re: Reschedule Sentencing....ENDORSEMENT: The requested is GRANTED. Sentencing is adjourned to July 26, 2017 at 3:00pm. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules and Practices in Criminal Cases ( Sentencing set for 7/26/2017 at 03:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/30/17)(jw)
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Legal Document (Payment Possibly Required) 134 Filed: 5/26/2017, Entered: 5/26/2017 Court Filing
SECOND LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated May 26, 2017 re: Request for Adjournment of Sentencing (Dinnerstein, Mitchell)
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Legal Document (Payment Possibly Required) 132 Filed: 5/11/2017, Entered: 5/12/2017 Court Filing
ENDORSED LETTER as to B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated 5/11/2017 re: I am responding to your Honor's Preliminary Order of Forfeiture as to Substitute Asset dated May 10, 2017. The Government had its opportunity to seek forfeiture of the $147,826.63 from the jury during the forfeiture proceeding. The Government should now be foreclosed to seek this sum as a Substitute Asset the $147,826.63....ENDORSEMENT: The Court considered the defense's objections to the forfeiture of the $14 7,826.63 of substitute assets (Dkt. No. 123), but found the Government's arguments for such forfeiture persuasive.. (Signed by Judge Paul A. Engelmayer on 5/11/17)(jw)
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Legal Document (Payment Possibly Required) 131 Filed: 5/11/2017, Entered: 5/11/2017 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated May 11, 2017 re: Objection to Preliminsary Order of Forfeiture of Substituted Assets (Dinnerstein, Mitchell)
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Legal Document (Payment Possibly Required) 130 Filed: 5/10/2017, Entered: 5/10/2017 Court Filing
PRELIMINARY ORDER OF FORFEITURE AS TO SUBSTITUTE ASSET as to B6EA479. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT all of the Defendant's right, title and interest in the Substitute Asset is hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of Title 21, United States Code, Section 853. The Substitute Asset shall be applied towards partial satisfaction of the outstanding Money Judgment entered against the Defendant upon the entry of a Final Order of Forfeiture with respect to the Substitute Asset. The Court shall retain jurisdiction to enforce this Preliminary Order ofForfeiture as to Substitute Asset, and to amend it as necessary, pursuant to Rule 32.2(e) of the Federal Rules of Criminal Procedure. (Signed by Judge Paul A. Engelmayer on 5/10/17)(jw)
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Legal Document (Payment Possibly Required) 129 Filed: 5/8/2017, Entered: 5/9/2017 Court Filing
MEMO ENDORSEMENT as to B6EA479 on re: 128 LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Attorney Mitchell Dinnerstein dated May 8, 2017 re: Adjournment of Sentencing. ENDORSEMENT: Sentencing is rescheduled to June 19, 2017 at 2:30 p.m. The parties shall serve their sentencing submissions in accordance with this Court's Individual Rules & Practices in Criminal Cases. No further adjournments will be granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/8/2017)(bw)
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Legal Document (Payment Possibly Required) 128 Filed: 5/8/2017, Entered: 5/8/2017 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated May 8, 2017 re: Adjournment of Sentencing (Dinnerstein, Mitchell)
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Legal Document (Payment Possibly Required) 127 Filed: 4/21/2017, Entered: 4/21/2017 Court Filing
FINAL ORDER OF FORFEITURE as to (16-Cr-377-01) B6EA479. WHEREAS, on or about February 10, 2017, the Court entered a Preliminary Order of Forfeiture as to Specific Properties/Money Judgment (the "Preliminary Order of Forfeiture") (D.E. 87),(See Footnote 1 on this Order) which, inter alia, ordered the forfeiture to the United States of all right, title and interest of B6EA479 (the "Defendant") in the following property: a.$15,969.07 in United States currency, formerly on deposit in Account Number 0038 1795 1983 at Bank of America, held in the name of B6EA479, seized on or about May 12, 2016; and b. $2,632,893.39 in United States currency, formerly on deposit in Account Number 788303729 at TD Ameritrade, held in the name of Lawrencia B6EA479, seized on or about May 16, 2016; (together, the "Specific Properties);...[See this Order]... NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1.All right, title and interest in the Specific Properties is hereby forfeited and vested in the United States of America, and shall be disposed of according to law. 2.Pursuant to Title 21, United States Code, Section 853(n)(7) the United States of America shall and is hereby deemed to have clear title to the Specific Properties. 3.The United States Marshals Service (or its designee) shall take possession of the Specific Properties and dispose of the same according to law, in accordance with Title 21, United States Code, Section 853(h). 4. The Clerk of the Court shall forward four certified copies of this Final Order of Forfeiture to Assistant United States Attorney Sarah K. Eddy, Chief, Money Laundering and Asset Forfeiture Unit, United States Attorney's Office, Southern District of New York, One St. Andrew's Plaza, New York, New York 10007. The Clerk of Court is requested to terminate the motion at Dkt. No. 126. SO ORDERED: (Signed by Judge Paul A. Engelmayer on 4/21/2017) [***NOTE: The Clerk of the Court has forwarded four certified copies of this Final Order of Forfeiture to AUSA Sarah K. Eddy, by inter-office mail on 4/21/2017. ***] (bw)
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Legal Document (Payment Possibly Required) 126 Filed: 4/20/2017, Entered: 4/20/2017 Court Filing
LETTER MOTION addressed to Judge Paul A. Engelmayer from Assistant United States Attorney Jennifer Lane Gachiri dated April 20, 2017 re: Entry of Proposed Final Order of Forfeiture . Document filed by USA as to B6EA479. (Attachments: # 1 Text of Proposed Order)(Gachiri, Jennifer)
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Legal Document (Payment Possibly Required) 125 Filed: 4/19/2017, Entered: 4/19/2017
SERVICE BY PUBLICATION as to B6EA479. A Notice of Forfeiture was published in the official government internet site, www.forfeiture.gov, on February 14, 2017, for thirty (30) consecutive days, through March 15, 2017. Document filed by USA as to B6EA479. (Gachiri, Jennifer)
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Legal Document (Payment Possibly Required) 124 Filed: 3/30/2017, Entered: 3/30/2017 Court Filing
SCHEDULING ORDER as to B6EA479. At the request of the U.S. Probation Department, it is hereby ORDERED that sentencing in this matter, presently scheduled for May 3, 2017, is ADJOURNED to May 30, 2017, at 10:00 a.m. in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York 10007. The parties should consult the Court's Individual Rules and Practices for Criminal Cases (available at http://nysd.uscourts.gov/judge/Engelmayer) for sentencing-related procedures and practices. Consistent with the Court's Rules, the defendant's sentencing submission shall be served two weeks in advance of the date set for sentencing. The Government's sentencing submission shall be served one week in advance of the date set for sentencing. The parties should provide the Court with one courtesy hard copy of each submission when it is served. If a party does not intend to file a substantive sentencing submission, the party should file a letter to that effect. SO ORDERED. (Sentencing set for 5/30/2017 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/29/2017)(ft)
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Legal Document (Payment Possibly Required) 123 Filed: 3/24/2017, Entered: 3/24/2017 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated March 24, 2017 re: Government's Proposed Forfeiture Order (Dinnerstein, Mitchell)
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Legal Document (Payment Possibly Required) 122 Filed: 3/3/2017, Entered: 3/6/2017 Court Filing
MEMO ENDORSEMENT as to B6EA479 on re: 121 LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Attorney Mitchell Dinnerstein dated March 3, 2017 re: Adjournment to Defense to File Opposition to Government Motion for Forfeiture. I am seeking three weeks to respond and seek March 24, 2017 for my papers. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/3/2017)(bw)
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Legal Document (Payment Possibly Required) 121 Filed: 3/3/2017, Entered: 3/3/2017 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Mitchell Dinnerstein dated March 3, 2017 re: Adjournment to Defense to File Opposition to Government Motion for Forfeiture (Dinnerstein, Mitchell)
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Legal Document (Payment Possibly Required) 120 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Trial proceeding held on 1/31/17 corrected trial has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 119 Filed: 2/27/2017, Entered: 2/27/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Trial held on 1/31/17 corrected trial before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, 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. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 118 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Trial proceeding held on 1/31/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 117 Filed: 2/27/2017, Entered: 2/27/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Trial held on 1/31/17 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, 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. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 116 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Trial proceeding held on 1/30/17 corrected trial has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 115 Filed: 2/27/2017, Entered: 2/27/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Trial held on 1/30/17 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, 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. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 114 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Trial proceeding held on 1/27/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 113 Filed: 2/27/2017, Entered: 2/27/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Trial held on 1/27/17 corrected trial before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, 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. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 112 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Trial proceeding held on 1/27/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 111 Filed: 2/27/2017, Entered: 2/27/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Trial held on 1/27/17 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, 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. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 110 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Trial proceeding held on 1/26/17 CORRECTED TRIAL has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 109 Filed: 2/27/2017, Entered: 2/27/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Trial held on 1/26/17 CORRECTED TRIAL before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, 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. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 108 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Trial proceeding held on 1/26/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 107 Filed: 2/27/2017, Entered: 2/27/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Trial held on 1/26/17 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, 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. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 106 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Trial proceeding held on 1/25/17 CORRECTED TRIAL has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 105 Filed: 2/27/2017, Entered: 2/27/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Trial held on 1/25/17 CORRECTED TRIAL before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, 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. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 104 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Trial proceeding held on 1/25/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 103 Filed: 2/27/2017, Entered: 2/27/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Trial held on 1/25/17 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, 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. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 102 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Trial proceeding held on 1/24/17 corrected trial has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 101 Filed: 2/27/2017, Entered: 2/27/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Trial held on 1/24/17 corrected trial before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, 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. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 100 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Trial proceeding held on 1/24/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 99 Filed: 2/27/2017, Entered: 2/27/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Trial held on 1/24/17 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, 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. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 98 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF ATTORNEY APPEARANCE: Mitchell Joel Dinnerstein appearing for B6EA479. Appearance Type: CJA Appointment. (Dinnerstein, Mitchell)
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Legal Document (Payment Possibly Required) 97 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Trial proceeding held on 1/23/16 corrected trial has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 96 Filed: 2/27/2017, Entered: 2/27/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Trial held on 1/23/16 corrected trial before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, 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. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 95 Filed: 2/27/2017, Entered: 2/27/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Trial proceeding held on 1/23/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 94 Filed: 2/27/2017, Entered: 2/27/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Trial held on 1/23/17 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, 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. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 93 Filed: 2/24/2017, Entered: 2/24/2017 Court Filing
ORDER as to B6EA479. The Court has received the Government's motion in support of a preliminary order of forfeiture as to a substitute asset (Dkt. No. 91) and an attached declaration (Dkt. No. 92). Any opposition to this motion is due Friday, March 3, 2017. SO ORDERED. (Responses due by 3/3/2017) (Signed by Judge Paul A. Engelmayer on 2/24/2017)(ft)
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Legal Document (Payment Possibly Required) 92 Filed: 2/24/2017, Entered: 2/24/2017
DECLARATION of Kurt Hafer in Support by USA as to B6EA479 re: 91 MOTION in Support of Government's Proposed Preliminary Order of Forfeiture as to Substitute Asset .. (Gachiri, Jennifer)
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Legal Document (Payment Possibly Required) 91 Filed: 2/24/2017, Entered: 2/24/2017
MOTION in Support of Government's Proposed Preliminary Order of Forfeiture as to Substitute Asset . Document filed by USA as to B6EA479. (Attachments: # 1 Text of Proposed Order)(Gachiri, Jennifer)
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Blank  Filed: 2/23/2017, Entered: 2/23/2017
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference as to B6EA479 held on 2/23/2017. Defendant present (in custody) with attorneys, Susan Wolfe & Ezra Spilke (outgoing) & Mitchell Dinnerstein (incoming). AUSA Edward Imperatore present. Court reporter present. Susan Wolfe & Ezra Spilke relieved, Mitchell Dinnerstein appointed. See transcript. Added attorney Mitchell Joel Dinnerstein for B6EA479. Attorney Ezra Spilke and Susan C. Wolfe terminated in case as to B6EA479. Motion at Dkt. No. 90 granted. (ajs)
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Legal Document (Payment Possibly Required) 90 Filed: 2/20/2017, Entered: 2/20/2017 Court Filing
LETTER MOTION addressed to Judge Paul A. Engelmayer from Susan C Wolfe dated 2-20-2017 re: New Counsel and Conference . Document filed by B6EA479. (Wolfe, Susan)
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Legal Document (Payment Possibly Required) 89 Filed: 2/13/2017, Entered: 2/13/2017 Court Filing
MEMO ENDORSEMENT granting 88 LETTER MOTION as to B6EA479 (1). ENDORSEMENT: GRANTED. The Clerk of Court is requested to terminate the motion at Dkt. No. 88. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/13/2017) (ft)
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Legal Document (Payment Possibly Required) 88 Filed: 2/12/2017, Entered: 2/12/2017 Court Filing
EX PARTE LETTER MOTION addressed to Judge Paul A. Engelmayer from Ezra Spilke dated February 12, 2017, re: requesting permission to submit interim vouchers . Document filed by B6EA479. (Spilke, Ezra)
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Legal Document (Payment Possibly Required) 87 Filed: 2/10/2017, Entered: 2/10/2017 Court Filing
PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTIES/MONEY JUDGMENT as to B6EA479. As a result of the offenses charged in Counts One and Two of the Indictment, to which the Defendant was found guilty, a money judgment in the amount of $2,780,720.02 in United States currency (the "Money Judgment") shall be entered against the Defendant. The Clerk of the Court shall forward three certified copies of this Preliminary Order of Forfeiture as to Specific Properties/Money Judgment to Assistant United States Attorney Sarah K. Eddy, Chief of the Money Laundering and Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/10/2017)(ft)
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Legal Document (Payment Possibly Required) 86 Filed: 2/8/2017, Entered: 2/8/2017 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Susan C Wolfe dated 02-08-2017 re: Letter during trial re certain jury instructions (Wolfe, Susan)
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Legal Document (Payment Possibly Required) 85 Filed: 2/8/2017, Entered: 2/8/2017 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Susan C. Wolfe dated 2-08-2017 re: Opposition to Preliminary Order of Forfeiture (Wolfe, Susan)
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Legal Document (Payment Possibly Required) 84 Filed: 2/3/2017, Entered: 2/3/2017 Court Filing
LETTER MOTION addressed to Judge Paul A. Engelmayer from Assistant United States Attorney Jennifer Lane Gachiri dated February 3, 2017 re: Entry of Proposed Preliminary Order of Forfeiture as to Specific Properties/Money Judgment . Document filed by USA as to B6EA479. (Attachments: # 1 Text of Proposed Order)(Gachiri, Jennifer)
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Legal Document (Payment Possibly Required) 83 Filed: 2/2/2017, Entered: 2/2/2017 Court Filing
ORDER as to B6EA479. Attached to this Order are the following: Exhibit 1: The draft jury charge that was considered on the record on January 26, 2017. Exhibit 2: The jury charge that was read into the record. Exhibit 3: The draft jury charge for forfeiture that was held on the record on January 30, 2017. Exhibit 4: The jury charge for forfeiture that was read. Exhibit 5: The notes sent by the jury during its deliberation. Exhibit 6: The jury's verdict forms. (Signed by Judge Paul A. Engelmayer on 2/2/2017)(jw)
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Legal Document (Payment Possibly Required) 82 Filed: 2/1/2017, Entered: 2/1/2017
VERDICT FORM 2 (Forfeiture Special Verdict Form): as to USA v. B6EA479. Dated: 1/30/2017. (bw)
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Legal Document (Payment Possibly Required) 81 Filed: 2/1/2017, Entered: 2/1/2017
VERDICT FORM 1: as to USA v. B6EA479. Dated: 1/30/2017. (bw)
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Blank  Filed: 1/31/2017, Entered: 1/31/2017
Order of Referral to Probation for Presentence Investigation and Report as to B6EA479. (ajs)
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Blank  Filed: 1/31/2017, Entered: 1/31/2017
Set/Reset Hearings as to B6EA479: Sentencing set for 5/3/2017 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ajs)
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Blank  Filed: 1/31/2017, Entered: 1/31/2017
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to B6EA479 held on 1/31/2017. Defendant present (in custody) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore, Christine Magdo, Jennifer Gachiri & Alexander Wilson present. USAO Paralegal Mary Diaz present. Court reporter present. Defense witnesses called. Defense rests. Closing arguments on forfeiture. Jury charged on forfeiture. Marshal sworn. Deliberations on forfeiture began. The jury reached a verdict on forfeiture. See transcript. (ajs)
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Blank  Filed: 1/30/2017, Entered: 1/31/2017
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to B6EA479 held on 1/30/2017. Defendant present (in custody) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore, Christine Magdo, Jennifer Gachiri & Alexander Wilson present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Closing arguments. Jury charged. Marshal sworn. Deliberations began. The jury reached a verdict. Forfeiture phase of trial began. Opening statements, government witnesses called, government rests. Trial continued to 1/31/2017. See transcript. (ajs)
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Legal Document (Payment Possibly Required) 80 Filed: 1/30/2017, Entered: 1/30/2017 Court Filing
LETTER by USA as to B6EA479 addressed to Judge Paul A. Engelmayer from Assistant United States Attorney Jennifer Lane Gachiri dated January 29, 2017 re: Response to Defendant's objections to the Government's requests to charge the jury relating to forfeiture Document filed by USA. (Gachiri, Jennifer)
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Legal Document (Payment Possibly Required) 79 Filed: 1/29/2017, Entered: 1/29/2017 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Susan C. Wolfe dated January 29, 2017, re: the defendants objections to the governments requests to charge as to forfeiture (Spilke, Ezra)
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Blank  Filed: 1/27/2017, Entered: 1/30/2017
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to B6EA479 held on 1/27/2017. Defendant present (in custody) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore, Christine Magdo & Alexander Wilson present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Government rests. Defense rests. Trial continued to 1/30/2017. See transcript. (ajs)
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Blank  Filed: 1/26/2017, Entered: 1/27/2017
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to B6EA479 held on 1/26/2017. Defendant present (in custody) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore & Christine Magdo present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Government's case continued. Charge conference held. Trial continued to 1/27/2017. See transcript. (ajs)
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Legal Document (Payment Possibly Required) 78 Filed: 1/26/2017, Entered: 1/26/2017 Court Filing
LETTER by USA as to B6EA479 addressed to Judge Paul A. Engelmayer from Assistant United States Attorney Jennifer Lane Gachiri dated January 26, 2017 re: Revised Proposed Forfeiture Special Verdict Form Document filed by USA. (Attachments: # 1 Forfeiture Special Verdict Form)(Gachiri, Jennifer)
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Legal Document (Payment Possibly Required) 77 Filed: 1/26/2017, Entered: 1/26/2017 Court Filing
LETTER by USA as to B6EA479 addressed to Judge Paul A. Engelmayer from Assistant United States Attorney Jennifer Lane Gachiri dated January 26, 2017 re: Government's Request to Charge the Jury Relating to Forfeiture Document filed by USA. (Gachiri, Jennifer)
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Legal Document (Payment Possibly Required) 76 Filed: 1/26/2017, Entered: 1/26/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Conference proceeding held on 1/12/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 75 Filed: 1/26/2017, Entered: 1/26/2017 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Conference held on 1/12/17 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, 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. Redaction Request due 2/16/2017. Redacted Transcript Deadline set for 2/27/2017. Release of Transcript Restriction set for 4/26/2017. (McGuirk, Kelly)
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Blank  Filed: 1/25/2017, Entered: 1/25/2017
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to B6EA479 held on 1/25/2017. Defendant present (in custody) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore & Christine Magdo present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Government's case continued. Trial continued to 1/26/2017. See transcript. (ajs)
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Legal Document (Payment Possibly Required) 74 Filed: 1/25/2017, Entered: 1/25/2017
Request To Charge by USA as to B6EA479. (Gachiri, Jennifer)
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Blank  Filed: 1/24/2017, Entered: 1/25/2017
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Jury Trial as to B6EA479 held on 1/24/2017. Defendant present (in custody) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore & Christine Magdo present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Government opening statement. B6EA479 opening statement. Government's witnesses called. Trial continued to 1/25/2017. See transcript. (ajs)
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Blank  Filed: 1/24/2017, Entered: 1/25/2017
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Voir Dire held on 1/24/2017 as to B6EA479. Defendant present (in custody) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore & Christine Magdo present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Jury panel sworn, voir dire began. Jury selected and sworn. Jury instructions issued. See transcript. (ajs)
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Legal Document (Payment Possibly Required) 73 Filed: 1/24/2017, Entered: 1/24/2017 Court Filing
ORDER as to B6EA479. It is hereby ORDERED that the following attorney(s) are authorized to bring the personal electronic device(s) and/or the general purpose computing device(s) listed below into the Courthouse for use in a proceeding or trial in the action captioned: United States v. B6EA479, 16 Cr. 377, The date(s) for which such authorization is provided is (are) 1/23/2017 through 2/3/2017: Mark R. Lisker - Mobile Phone. (Signed by Judge Paul A. Engelmayer on 1/24/2017)(ft)
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Blank  Filed: 1/24/2017, Entered: 1/24/2017
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Jennifer Lane Gachiri as to B6EA479: to MANUALLY RE-FILE Document Document No. 71 Forfeiture Special Verdict Form. This document is not filed via ECF. (ka)
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Legal Document (Payment Possibly Required) 72 Filed: 1/24/2017, Entered: 1/24/2017 Court Filing
LETTER by USA as to B6EA479 addressed to Judge Paul A. Engelmayer from Assistant United States Attorney Jennifer Lane Gachiri dated January 24, 2017 re: Defendant's Forfeiture Requests to Charge Document filed by USA. (Gachiri, Jennifer)
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Legal Document (Payment Possibly Required) 71 Filed: 1/24/2017, Entered: 1/24/2017
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - REQUEST FOR SPECIAL FINDINGS OF FACT by USA as to B6EA479. (Gachiri, Jennifer) Modified on 1/24/2017 (ka).
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Legal Document (Payment Possibly Required) 70 Filed: 1/24/2017, Entered: 1/24/2017
Request To Charge by USA as to B6EA479. (Gachiri, Jennifer)
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Legal Document (Payment Possibly Required) 69 Filed: 1/24/2017, Entered: 1/24/2017 Court Filing
ORDER as to B6EA479. IT IS HEREBY ORDERED, that the Metropolitan Correctional Center allow the following clothing to be admitted for B6EA479, Inmate ID # 77354-054, for his upcoming trial: 3 pairs of slacks, 1 jacket, 5 shirts, 4 ties, 7 pairs of socks, 5 pairs of underwear, 1 pair of shoes, 1 belt (Signed by Judge Paul A. Engelmayer on 1/24/2017)(jw)
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Legal Document (Payment Possibly Required) 68 Filed: 1/24/2017, Entered: 1/24/2017 Court Filing
ENDORSED LETTER as to B6EA479 addressed to Judge Paul A. Engelmayer from Susan C. Wolfe dated 1/23/2017 re: Counsel for Mr. B6EA479 submit this letter in order to supplement the record of the ex parte conference to address Mr. Afriyies request to dismiss counsel. During that session the Court expressed the view that Mr. B6EA479 had been dishonest in his explanation of why he had not come to Court....ENDORSEMENT: For the reasons stated on the record in open court, this request is DENIED and this letter may be publicly filed. SO ORDERED (Signed by Judge Paul A. Engelmayer on 1/24/2017)(jw)
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Blank  Filed: 1/23/2017, Entered: 1/25/2017
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Bond Revocation Hearing as to B6EA479 held on 1/23/2017. Defendant present (in custody), with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore & Christine Magdo present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Bond revoked, Defendant remanded. See transcript. (ajs)
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Blank  Filed: 1/23/2017, Entered: 1/24/2017
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to B6EA479 held on 1/23/2017. Defendant not present. Defense attorneys Ezra Spilke & Susan Wolfe present. AUSAs Edward Imperatore & Christine Magdo present. USAO Paralegal Mary Diaz present. FBI SA Michael Savano present. Court reporter present. Bench warrant issued. See transcript. (ajs)
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Legal Document (Payment Possibly Required) 67 Filed: 1/23/2017, Entered: 1/23/2017
NOTICE OF ATTORNEY APPEARANCE Jennifer Lane Gachiri appearing for USA. (Gachiri, Jennifer)
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Legal Document (Payment Possibly Required) 66 Filed: 1/21/2017, Entered: 1/21/2017 Court Filing
LETTER by USA as to B6EA479 addressed to Judge Paul A. Engelmayer from Edward Imperatore dated 1/21/17 re: voir dire supplement Document filed by USA. (Imperatore, Edward)
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Legal Document (Payment Possibly Required) 65 Filed: 1/19/2017, Entered: 1/19/2017 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Susan C. Wolfe dated 01/19/2017 re: Objections to the Government's Requests to Charge (Wolfe, Susan)
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Legal Document (Payment Possibly Required) 64 Filed: 1/19/2017, Entered: 1/19/2017
Request To Charge by B6EA479. (Wolfe, Susan)
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Legal Document (Payment Possibly Required) 63 Filed: 1/17/2017, Entered: 1/17/2017 Court Filing
ORDER as to B6EA479. For the reasons stated on the record at yesterday's conference the Court DENIES the defendants motions in limine. The Clerk of Court is requested to terminate the motions at Dkt. Nos. 52 and 60. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/13/2017)(bw)
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Blank  Filed: 1/12/2017, Entered: 1/13/2017
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to B6EA479 held on 1/12/2017. Defendant present (on bail) with attorneys, Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore & Christine Magdo present. FBI SA Michael Savona present. USAO Paralegal Mary Diaz present. Court reporter present. See transcript. (ajs)
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Legal Document (Payment Possibly Required) 62 Filed: 1/12/2017, Entered: 1/12/2017 Court Filing
IN THE MATTER OF AN APPLICATION TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL: as to (16-Cr-377-1) B6EA479. The following Order is subject to the definitions, obligations and restrictions imposed pursuant to Standing Order M10-468, as Revised. Upon submission of written application to this Court, it is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned: United States v. B6EA479, No. 16-CR-377. The date(s) for which such authorization is provided is (are) 1/12/2017; 1/23/2017-2/3/2017. Attorney: Ezra Spllke, Device(s): MacBook Air; external hard drive. Attorney: Susan C. Wolfe, Device(s): Laptop; tablet. The attorney(s) identified in this Order must present a copy of this Order when entering the Courthouse. Bringing any authorized Device(s) into the Courthouse or its Environs constitutes a certification by the attorney that he or she will comply in all respects with the restrictions and obligations set forth in Standing Order M10-468, as Revised. SO ORDERED: The Clerk of Court is requested to terminate the motion at Dkt. No. 59. (Signed by Judge Paul A. Engelmayer on 1/12/2017)(bw)
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Legal Document (Payment Possibly Required) 61 Filed: 1/12/2017, Entered: 1/12/2017
MEMORANDUM in Opposition by USA as to B6EA479 re 60 SUPPLEMENTAL MOTION in Limine .. (Magdo, Christine)
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Legal Document (Payment Possibly Required) 60 Filed: 1/12/2017, Entered: 1/12/2017
SUPPLEMENTAL MOTION in Limine . Document filed by B6EA479. (Attachments: # 1 Exhibit A (letter and CV) & B (transcript excerpts))(Spilke, Ezra)
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Blank  Filed: 1/11/2017, Entered: 1/11/2017
NOTICE OF HEARING as to B6EA479 Pretrial Conference set for 1/12/2017 at 04:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. The conference previously scheduled for 1/12/2017 at 5:00 PM is hereby rescheduled to 1/12/2017 at 04:00 PM. Notice entered by Courtroom Deputy A.J. Smallman.(ajs)
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Legal Document (Payment Possibly Required) 59 Filed: 1/11/2017, Entered: 1/11/2017 Court Filing
SECOND LETTER MOTION addressed to Judge Paul A. Engelmayer from Ezra Spilke dated January 11, 2017, re: requesting an order pursuant to Standing Order M10-468 to allow counsel to bring electronic devices into the courthouse . Document filed by B6EA479. (Attachments: # 1 Text of Proposed Order Electronic Devices Order)(Spilke, Ezra)
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Legal Document (Payment Possibly Required) 58 Filed: 1/10/2017, Entered: 1/10/2017
MEMORANDUM in Opposition by USA as to B6EA479 re 52 MOTION in Limine .. (Attachments: # 1 Exhibit GX 604, # 2 Exhibit GX 605)(Magdo, Christine)
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Legal Document (Payment Possibly Required) 57 Filed: 1/10/2017, Entered: 1/10/2017 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Ezra Spilke dated January 10, 2017, re: in response to the Court's 1/10/2017 Order (Attachments: # 1 Exhibit Combined Exhibits A-D)(Spilke, Ezra)
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Legal Document (Payment Possibly Required) 56 Filed: 1/9/2017, Entered: 1/10/2017 Court Filing
ORDER as to B6EA479. (Signed by Judge Paul A. Engelmayer on 1/9/2017)(ajs)
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Legal Document (Payment Possibly Required) 55 Filed: 1/6/2017, Entered: 1/6/2017
Request To Charge by USA as to B6EA479. (Magdo, Christine)
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Legal Document (Payment Possibly Required) 54 Filed: 1/6/2017, Entered: 1/6/2017
Proposed Voir Dire Questions by B6EA479. (Wolfe, Susan)
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Blank  Filed: 1/6/2017, Entered: 1/6/2017
NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to B6EA479: Notice to Attorney Susan C. Wolfe to RE-FILE Document 53 Proposed Examination of Jurors. Use the event type Proposed Voir Dire Questions found under the event list Trial Documents. (ka)
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Blank  Filed: 1/6/2017, Entered: 1/6/2017
NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to B6EA479: Notice to Attorney Christine Ingrid Magdo to RE-FILE Document 49 Proposed Jury Instructions. Use the event type Request to Charge found under the event list Trial Documents. (ka)
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Legal Document (Payment Possibly Required) 53 Filed: 1/6/2017, Entered: 1/6/2017
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED EXAMINATION OF JURORS by B6EA479. (Wolfe, Susan) Modified on 1/6/2017 (ka).
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Legal Document (Payment Possibly Required) 52 Filed: 1/5/2017, Entered: 1/5/2017
MOTION in Limine . Document filed by B6EA479. (Spilke, Ezra)
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Legal Document (Payment Possibly Required) 51 Filed: 1/5/2017, Entered: 1/5/2017
Request To Charge by B6EA479. (Wolfe, Susan)
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Legal Document (Payment Possibly Required) 50 Filed: 1/5/2017, Entered: 1/5/2017
PROPOSED EXAMINATION OF JURORS by USA as to B6EA479. (Magdo, Christine)
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Legal Document (Payment Possibly Required) 49 Filed: 1/5/2017, Entered: 1/5/2017
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Proposed Jury Instructions by USA as to B6EA479. (Magdo, Christine) Modified on 1/6/2017 (ka).
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Blank  Filed: 1/5/2017, Entered: 1/5/2017
Set/Reset Deadlines/Hearings as to B6EA479: Motions due by 1/6/2017. Replies due by 1/10/2017 (jw)
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Legal Document (Payment Possibly Required) 48 Filed: 1/5/2017, Entered: 1/5/2017 Court Filing
MEMO ENDORSEMENT granting 47 LETTER MOTION to respectfully request an extension of the filing deadline for both parties' additional motions in limine from January 5 to January 6, 2017. The government does not object to this request...ENDORSEMENT...Granted. The parties will have until January 6, 2017 to file additional motions in limine, and until January 10, 2017 to file replies to the same (Signed by Judge Paul A. Engelmayer on 1/5/2017) (jw)
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Legal Document (Payment Possibly Required) 47 Filed: 1/3/2017, Entered: 1/3/2017 Court Filing
CONSENT LETTER MOTION addressed to Judge Paul A. Engelmayer from Ezra Spilke dated January 3, 2017, re: requesting an extension of time for the filing of additional motions in limine . Document filed by B6EA479. (Spilke, Ezra)
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Legal Document (Payment Possibly Required) 46 Filed: 12/29/2016, Entered: 12/29/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Hearing proceeding held on 12/16/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 45 Filed: 12/29/2016, Entered: 12/29/2016 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Hearing held on 12/16/16 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300, 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. Redaction Request due 1/19/2017. Redacted Transcript Deadline set for 1/30/2017. Release of Transcript Restriction set for 3/29/2017. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 44 Filed: 12/16/2016, Entered: 12/16/2016 Court Filing
ORDER denying 33 Motion to Suppress as to B6EA479 (1); granting 36 Motion in Limine as to B6EA479 (1). For the reasons stated on the record at today's conference, the defendant's motion to suppress is DENIED and the government's motion in limine is GRANTED. The Clerk of Court is requested to terminate the motions at Dkt. Nos. 33 and 36. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/16/2016) (ft)
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Legal Document (Payment Possibly Required) 43 Filed: 12/16/2016, Entered: 12/16/2016 Court Filing
IN THE MATTER OF AN APPLICATION TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL: as to (16-Cr-377-01) B6EA479. The following Order is subject to the definitions, obligations and restrictions imposed pursuant to Standing Order M10-468, as Revised. Upon submission of written application to this Court, it is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned United States v. B6EA479, No. 16-CR-377. The date(s) for which such authorization is provided is (are) 12/16/2016. ATTORNEY: Ezra Spilke, DEVICE(S): MacBook Air. The attorney(s) identified in this Order must present a copy of this Order when entering the Courthouse. Bringing any authorized Device(s) into the Courthouse or its Environs constitutes a certification by the attorney that he or she will comply in all respects with the restrictions and obligations set forth in Standing Order M10-468, as Revised. SO ORDERED: (Signed by Judge Paul A. Engelmayer on 12/16/2016)(bw)
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Blank  Filed: 12/16/2016, Entered: 12/16/2016
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Suppression Hearing as to B6EA479 held on 12/16/2016. Defendant present (on bail) with attorneys Ezra Spilke & Susan Wolfe. AUSAs Edward Imperatore & Christine Magdo present with paralegal specialist Mary Diaz. Court reporter present. Bail continued. See transcript. (ajs)
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Legal Document (Payment Possibly Required) 42 Filed: 12/14/2016, Entered: 12/14/2016 Court Filing
LETTER by USA as to B6EA479 addressed to Judge Paul A. Engelmayer from AUSAs Imperatore and Magdo dated December 14, 2016 re: response to Order dated December 13, 2016 Document filed by USA. (Magdo, Christine)
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Legal Document (Payment Possibly Required) 41 Filed: 12/14/2016, Entered: 12/14/2016 Court Filing
LETTER by B6EA479 addressed to Judge Paul A. Engelmayer from Ezra Spilke and Susan Wolfe dated December 14, 2016, re: in response to the Court's order dated 12/13/2016 (Spilke, Ezra)
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Legal Document (Payment Possibly Required) 40 Filed: 12/14/2016, Entered: 12/14/2016
NOTICE OF ATTORNEY APPEARANCE: Susan C. Wolfe appearing for B6EA479. Appearance Type: CJA Appointment. co-counsel (Wolfe, Susan)
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Blank  Filed: 12/14/2016, Entered: 12/14/2016
NOTICE OF HEARING as to B6EA479 Suppresion Hearing set for 12/16/2016 at 11:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. The hearing previously scheduled for 12:30 PM is hereby rescheduled for 11:00 AM. Notice entered by Courtroom Deputy A.J. Smallman.(ajs)
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Legal Document (Payment Possibly Required) 39 Filed: 12/13/2016, Entered: 12/13/2016 Court Filing
ORDER as to B6EA479. The Court has received the parties' helpful memoranda of law on the Government's motion in limine. To assist the Court in its review, the Court directs the parties to amplify on their submissions by addressing the following sets of questions, in letters due Wednesday, December 14, 2016. Counsel are reminded, in addition to filing their letters on ECF, to email courtesy copies to chambers, which will enable the Court to gain prompt access to counsels' letters in the event that the letters are filed after ECF docketing hours. (Signed by Judge Paul A. Engelmayer on 12/13/2016)(ft)
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Legal Document (Payment Possibly Required) 38 Filed: 12/13/2016, Entered: 12/13/2016
MEMORANDUM in Opposition by USA as to B6EA479 re 33 MOTION to Suppress .. (Magdo, Christine)
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Legal Document (Payment Possibly Required) 37 Filed: 12/9/2016, Entered: 12/9/2016
MEMORANDUM in Opposition by B6EA479 re 36 MOTION in Limine .. (Spilke, Ezra)
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Legal Document (Payment Possibly Required) 36 Filed: 12/6/2016, Entered: 12/6/2016
MOTION in Limine . Document filed by USA as to B6EA479. (Imperatore, Edward)
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Blank  Filed: 12/5/2016, Entered: 12/5/2016
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to B6EA479: Notice to Attorney Ezra Spilke to RE-FILE Document 35 Memorandum in Support of Motion. ERROR(S): Attorney signature missing from document. (ka)
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Legal Document (Payment Possibly Required) 35 Filed: 12/5/2016, Entered: 12/5/2016
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - MEMORANDUM in Support by B6EA479 re 33 MOTION to Suppress .. (Attachments: # 1 Exhibit A: iPhone SW Application and Affidavit of SA Moon, # 2 Exhibit B: iPhone SW)(Spilke, Ezra) Modified on 12/5/2016 (ka).
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Legal Document (Payment Possibly Required) 34 Filed: 12/5/2016, Entered: 12/5/2016
DECLARATION of Ezra Spilke, Esq., in Support as to B6EA479 re: 33 MOTION to Suppress .. (Spilke, Ezra)
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Legal Document (Payment Possibly Required) 33 Filed: 12/5/2016, Entered: 12/5/2016
MOTION to Suppress . Document filed by B6EA479. (Spilke, Ezra)
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Legal Document (Payment Possibly Required) 32 Filed: 12/2/2016, Entered: 12/2/2016 Court Filing
ENDORSED LETTER as to B6EA479 addressed to Judge Paul A. Engelmayer from Attorney Ezra Spilke dated December 2, 2016 re: I am writing to request a single business-day adjournment of Mr. Afriye's time to file his pretrial motions, until December 5, 2016 at noon (the motions are otherwise due today). The government does not object, with the proviso that it is also granted an additional day to respond. ENDORSEMENT: GRANTED. Mr. B6EA479 motions shall be due December 5, 2016 and the government's motion shall be due on December 13, 2016. The Clerk of Court is requested to terminate the motion at Dkt. No. 31. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/2/2016)(bw)
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Legal Document (Payment Possibly Required) 31 Filed: 12/2/2016, Entered: 12/2/2016 Court Filing
CONSENT LETTER MOTION addressed to Judge Paul A. Engelmayer from Ezra Spilke dated December 2, 2016, re: extension of time to file pretrial motion . Document filed by B6EA479. (Spilke, Ezra)
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Legal Document (Payment Possibly Required) 30 Filed: 11/29/2016, Entered: 11/29/2016 Court Filing
ORDER as to B6EA479. For the reasons stated at yesterday's conference, the Court hereby sets the following deadlines, and directs the following actions: -By 5:00 p.m. today, Tuesday, November 29, 2016, any request by the defense to the Government for a bill of particulars is due. The Government's response to the defense's request for particulars will be due one week from today, Tuesday, December 6, 2016. In the event the defense seeks to litigate the legal adequacy of the Government's particulars, defendant's brief to this Court would be due December 8, 2016, and the Government's opposition would be due December 13, 2016. -By 5:00 p.m. on December 2, 2016, the defense is directed to file any suppression motion related to the April 2016 seizure of defendant's iPhone. The Government's response to this motion will be due on December 12, 2016. A suppression hearing will be held on December 16, 2016 at 12:30 p.m. in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. -The Government is direct to submit a letter to the Court by December 6, 2016 explaining the legal basis for the admission of the 404(b) material discussed at yesterday's conference. The defense's response to this letter, if any, will be due December 9, 2016. The Court expects to resolve this issue at the December 16, 2016 conference. -Any other motions in limine by either side will be due on January 5, 2017. Any reply will be due January 9, 2017. -Requests to charge and voir dire will be due on January 5, 2017. -A final pretrial conference will be held in this case on Thursday, January 12, 2016 at 5:00 p.m. in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/29/2016)(bw)
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Blank  Filed: 11/28/2016, Entered: 11/29/2016
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference as to B6EA479 held on 11/28/2016. Defendant present (on bail) with attorney, Ezra Spilke. AUSAs Edward Imperatore & Christine Magdo present. Court reporter present. See transcript. (ajs)
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Blank  Filed: 11/23/2016, Entered: 11/23/2016
NOTICE OF HEARING as to B6EA479 Status Conference set for 11/28/2016 at 04:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Notice entered by Courtroom Deputy, A.J. Smallman.(ajs)
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Legal Document (Payment Possibly Required) 29 Filed: 10/25/2016, Entered: 10/25/2016 Court Filing
MEMO ENDORSEMENT granting 28 EX PARTE LETTER MOTION filed by B6EA479 (1), addressed to Judge Paul A. Engelmayer from Attorney Ezra Spilke dated October 24, 2016, re: use of CJA funds to engage associate counsel. ENDORSEMENT: GRANTED. The Court reminds counsel that ex parte applications need not be filed on ECF and can be e-mailed directly to Chambers. The Clerk of Court is requested to terminate the motion at Dkt. No. 28. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/25/2016) (bw)
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Legal Document (Payment Possibly Required) 28 Filed: 10/24/2016, Entered: 10/24/2016 Court Filing
EX PARTE LETTER MOTION addressed to Judge Paul A. Engelmayer from Ezra Spilke dated October 24, 2016, re: use of CJA funds to engage associate counsel . Document filed by B6EA479. (Spilke, Ezra)
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Legal Document (Payment Possibly Required) 27 Filed: 10/14/2016, Entered: 10/14/2016
NOTICE OF ATTORNEY APPEARANCE: Ezra Spilke appearing for B6EA479. Appearance Type: CJA Appointment. (Spilke, Ezra)
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Blank  Filed: 10/13/2016, Entered: 10/17/2016
Set/Reset Hearings as to B6EA479: Status Conference set for 11/28/2016 at 05:00 PM in Courtroom 506, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.. (ajs)
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Blank  Filed: 10/13/2016, Entered: 10/17/2016
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Substitution of Counsel Hearing as to B6EA479 held on 10/13/2016. Defendant present (on bail) with attorneys Amy Gallicchio & Philip Weinstein. AUSAs Edward Imperatore & Christine Magdo present. Court reporter present. Amy Gallicchio and Philip Weinstein relieved, Ezra Spilke appointed. Motion at Dkt. No. 25 GRANTED. Time excluded to 11/28/2016. See transcript. Attorney Amy Gallicchio and Philip L Weinstein terminated in case as to B6EA479. Motions terminated as to B6EA479: 25 LETTER MOTION addressed to Judge Paul A. Engelmayer from Amy Gallicchio dated October 7, 2016 re: Substitution of Counsel . filed by B6EA479 (ajs)
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Blank  Filed: 10/12/2016, Entered: 10/12/2016
Set/Reset Hearings as to B6EA479: Status Conference set for 10/13/2016 at 04:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.. (ajs)
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Blank  Filed: 10/11/2016, Entered: 10/11/2016
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference as to B6EA479 held on 10/11/2016. Defendant present (on bail) with attorneys, Amy Gallicchio & Philip Weinstein. AUSAs Edward Imperatore & Christine Magdo present. Court reporter present. See transcript. (ajs)
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Legal Document (Payment Possibly Required) 26 Filed: 10/11/2016, Entered: 10/11/2016
NOTICE OF ATTORNEY APPEARANCE Christine Ingrid Magdo appearing for USA. (Magdo, Christine)
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Legal Document (Payment Possibly Required) 25 Filed: 10/7/2016, Entered: 10/7/2016 Court Filing
LETTER MOTION addressed to Judge Paul A. Engelmayer from Amy Gallicchio dated October 7, 2016 re: Substitution of Counsel . Document filed by B6EA479. (Gallicchio, Amy)
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Legal Document (Payment Possibly Required) 24 Filed: 9/27/2016, Entered: 9/27/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Conference proceeding held on 8/29/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Siwik, Christine)
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Legal Document (Payment Possibly Required) 23 Filed: 9/27/2016, Entered: 9/27/2016 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Conference held on 8/29/16 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, 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. Redaction Request due 10/21/2016. Redacted Transcript Deadline set for 10/31/2016. Release of Transcript Restriction set for 12/30/2016. (Siwik, Christine)
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Blank  Filed: 8/29/2016, Entered: 8/29/2016
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Status Conference as to B6EA479 held on 8/29/2016. Defendant present (on bail) with attorneys Amy Gallicchio & Philip Weinstein. AUSA Edward Imperatore present. Court reporter present. (ajs)
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Legal Document (Payment Possibly Required) 22 Filed: 8/22/2016, Entered: 8/22/2016 Court Filing
ORDER as to B6EA479. On Saturday, August 20, 2016, at 11:07 p.m., the Court received the attached email, purportedly from defendant B6EA479, attached to which was a document apparently produced in discovery upon which the defendant appeared to have made various notations. The Court is providing a copy of the attached document to defense counsel, but because the document may reflect defense work-product, it is not -- at least for the time being -- providing it to the Government. The Court directs defense counsel to submit to the Court, by close of business Thursday, August 25, 2016, a letter with counsel's assessment of the issues raised in this letter. A conference is hereby scheduled for August 29, 2016 at 3:00 p.m in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Foley Street, New York, New York 10007 to take up these issues. The conference is to be attended by counsel for each side and by the defendant, although, depending on the nature of the matters covered, there may be cause for the Court to excuse Government counsel for a portion of the conference. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/22/2016)(bw)
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Legal Document (Payment Possibly Required) 21 Filed: 8/16/2016, Entered: 8/16/2016
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to B6EA479. Notice is hereby given that an official transcript of a Conference proceeding held on 7/27/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 20 Filed: 8/16/2016, Entered: 8/16/2016 Court Filing
TRANSCRIPT of Proceedings as to B6EA479 re: Conference held on 7/27/16 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300, 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. Redaction Request due 9/9/2016. Redacted Transcript Deadline set for 9/19/2016. Release of Transcript Restriction set for 11/17/2016. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 19 Filed: 8/3/2016, Entered: 8/3/2016 Court Filing
ENDORSED LETTER as to B6EA479 addressed to Judge Paul A. Engelmayer from Philip Weinsten and Amy Gallicchio dated 8/3/2016 re: To request permission for Mr. B6EA479 to travel to Coral Gables, Florida to attend his close friends' mother's funeral who passed away from cancer this week. If granted, he will leave this afternoon August 3, 2016 and will return to New York on Saturday, August 6, 2016....ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/3/2016)(jw)
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Blank  Filed: 7/27/2016, Entered: 7/28/2016
Set/Reset Hearings as to B6EA479: Jury Trial set for 1/23/2017 at 09:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Pretrial Conference set for 10/11/2016 at 02:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Jury Trial set for 1/24/2017 at 09:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Jury Trial set for 1/25/2017 at 09:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Jury Trial set for 1/26/2017 at 09:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Jury Trial set for 1/27/2017 at 09:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.. (ajs)
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Blank  Filed: 7/27/2016, Entered: 7/27/2016
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Pretrial Conference as to B6EA479 held on 7/27/2016. Defendant present (on bail), with attorney Amy Gallichcio. AUSA Edward Imperatore present with FBI SA Samuel Moon present. Court reporter present. (ajs)
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Legal Document (Payment Possibly Required) 18 Filed: 7/15/2016, Entered: 7/15/2016 Court Filing
ENDORSED LETTER as to B6EA479 addressed to Judge Paul A. Engelmayer from Attorneys Amy Gallicchio / Phillip Weinstein, dated July 15, 2016 re: Request for Adjournment of Pretrial Conference. I write to request an adjournment of the pretrial conference currently scheduled in the above referenced matter for July 27, 2016 at 11:00 am. ENDORSEMENT: Having been informed that Ms. Gallicchio is able to attend the July 27, 2016 conference, this motion is DENIED. The Clerk of Court is requested to terminate the motions at Dkt. Nos. 15 and 17. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/15/2016)(bw)
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Legal Document (Payment Possibly Required) 17 Filed: 7/15/2016, Entered: 7/15/2016 Court Filing
LETTER MOTION addressed to Judge Paul A. Engelmayer from Amy Gallicchio dated July 15, 2016 re: Adjournment . Document filed by B6EA479. (Gallicchio, Amy)
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Legal Document (Payment Possibly Required) 16 Filed: 7/15/2016, Entered: 7/15/2016 Court Filing
LETTER by USA as to B6EA479 addressed to Judge Paul A. Engelmayer from Edward Imperatore dated 7/15/16 re: schedulilng conference Document filed by USA. (Imperatore, Edward)
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Legal Document (Payment Possibly Required) 15 Filed: 7/15/2016, Entered: 7/15/2016 Court Filing
LETTER MOTION addressed to Judge Paul A. Engelmayer from Amy Gallicchio dated July 15, 2016 re: Adjournment . Document filed by B6EA479. (Gallicchio, Amy)
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Legal Document (Payment Possibly Required) 14 Filed: 6/14/2016, Entered: 6/14/2016
NOTICE OF ATTORNEY APPEARANCE: Philip L Weinstein appearing for B6EA479. Appearance Type: Public Defender or Community Defender Appointment. (Weinstein, Philip)
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Blank  Filed: 6/6/2016, Entered: 6/7/2016
Minute Entry for proceedings held before Judge Paul A. Engelmayer: Plea entered by B6EA479 (1) Count 1,2 Not Guilty. (jw)
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Blank  Filed: 6/6/2016, Entered: 6/7/2016
Minute Entry for proceedings held before Judge Paul A. Engelmayer:Arraignment as to B6EA479 (1) Count 1,2 held on 6/6/2016. Defendant present (on bail) with attorney, Amy Gallicchio. AUSA Edward Imperatore & FBI Special Agent Samuel Moon present. Court reporter present. Defendant pleads not guilty to counts 1 & 2. (jw)
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Legal Document (Payment Possibly Required) 13 Filed: 6/6/2016, Entered: 6/6/2016 Court Filing
SCHEDULING ORDER as to B6EA479. It is hereby ORDERED that a conference in this matter is scheduled for July 27, 2016, at 11:00 a.m. in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. For the reasons stated on the record at todays conference, time is excluded, pursuant to 18 U.S.C. § 3161(h)(7)(A). SO ORDERED. (Status Conference set for 7/27/2016 at 11:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/6/2016)(ft)
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Blank  Filed: 6/3/2016, Entered: 6/3/2016
Set/Reset Deadlines/Hearings as to B6EA479: Status Conference set for 6/6/2016 at 03:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. (ft)
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Legal Document (Payment Possibly Required) 12 Filed: 6/3/2016, Entered: 6/3/2016 Court Filing
ORDER as to B6EA479. It is hereby ORDERED that a conference in this matter is scheduled for June 6, 2016, at 3:30 p.m. in Courtroom 1305 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Upon the application of the United States of America, by and through Preet Bharara, United States Attorney, Edward A. Imperatore, of counsel, and with the consent of counsel for the defendant, it is hereby ORDERED that the time from June 2, 2016 through June 6, 2016, the date of the defendants arraignment, is hereby excluded under the Speedy Trial Act, see 18 U.S.C. § 3161(h)(7)(A). The Court has determined that such exclusion best serves the ends of justice and outweighs the best interests of the public and the defendant in a speedy trial because it will allow the parties to discuss a potential disposition of the case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/3/2016)(ft)
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Blank  Filed: 6/1/2016, Entered: 6/2/2016
Attorney update in case as to B6EA479. Attorney Edward Arthur Imperatore for USA added. (jm)
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Blank  Filed: 6/1/2016, Entered: 6/2/2016
Case Designated ECF as to B6EA479 (jm)
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Legal Document (Payment Possibly Required) 11 Filed: 6/1/2016, Entered: 6/2/2016
INDICTMENT FILED as to B6EA479 (1) count(s) 1, 2. (jm)
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Legal Document (Payment Possibly Required) 10 Filed: 5/13/2016, Entered: 5/17/2016 Court Filing
ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to B6EA479. Time excluded from 5/13/16 until 6/13/16. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/13/16)(jbo) [1:16-mj-02423-UA]
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Legal Document (Payment Possibly Required) 9 Filed: 5/13/2016, Entered: 5/17/2016 Court Filing
ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to B6EA479. Time excluded from 5/13/16 until 6/13/16. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/13/16)(jbo) Modified on 5/17/2016 (jbo). [1:16-mj-02423-UA]
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Legal Document (Payment Possibly Required) 8 Filed: 5/13/2016, Entered: 5/17/2016
AFFIRMATION of Edward Imperatore in Support by USA as to B6EA479, the government is requesting a 30-day continuance until 6/13/16. (jbo) [1:16-mj-02423-UA]
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Legal Document (Payment Possibly Required) 7 Filed: 4/27/2016, Entered: 5/4/2016 Court Filing
ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to B6EA479. Time excluded from 4/27/16 until 5/13/16. (Signed by Magistrate Judge Frank Maas on 4/27/16)(jbo) [1:16-mj-02423-UA]
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Legal Document (Payment Possibly Required) 6 Filed: 4/27/2016, Entered: 5/4/2016
AFFIRMATION of AUSA Edward Imperatore in Support by USA as to B6EA479, the government is requesting a 16-day continuance until 5/13/16. (jbo) [1:16-mj-02423-UA]
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Legal Document (Payment Possibly Required) 5 Filed: 4/13/2016, Entered: 4/13/2016
AGREEMENT TO FORFEIT PROPERTY (OTHER THAN REAL PROPERTY) by B6EA479. Personal Recognizance Bond in the amount of $ 200,000 PRB, 2 FRP'S; Travel Limited to SDNY/EDNY and District of New Jersey; Surrender Travel Documents (& No New Applications); Urinalysis, and If Positive Then Drug Treatment As Directed; Pretrial Supervision As Directed; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 4/20/16; Passport To Be Surrendered by 4/14/2016 (dif) [1:16-mj-02423-UA]
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Legal Document (Payment Possibly Required) 4 Filed: 4/13/2016, Entered: 4/13/2016 Court Filing
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Initial Appearance as to B6EA479 held on 4/13/2016., Deft Appears with Federal Defender Amy Gallicchio and AUSA Edward Imperatore for the government. AGREED CONDITIONS OF RELEASE: $200,000 PRB; 2 FRP'S; Travel Limited to SDNY/EDNY and District of New Jersey; Surrender Travel Documents (& No New Applications); Urinalysis and If Positive The Drug Treatment As Directed; Pretrial Supervision As Directed; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 4/20/16; Passport To Be Surrendered by April 14, 2016; ( Preliminary Hearing set for 4/27/2016 at 10:00 AM before Judge Unassigned.) (dif) [1:16-mj-02423-UA]
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Legal Document (Payment Possibly Required) 3 Filed: 4/13/2016, Entered: 4/13/2016 Court Filing
ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to B6EA479. Amy Gallicchio for B6EA479 appointed.. (Signed by Magistrate Judge James L. Cott on 4/13/2016)(dif) [1:16-mj-02423-UA]
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Legal Document (Payment Possibly Required) 2 Filed: 4/13/2016, Entered: 4/13/2016 Court Filing
CJA 23 Financial Affidavit by B6EA479. (Signed by Judge Magistrate Judge James L. Cott) (Federal Amy Gallicchio Appointed) (dif) [1:16-mj-02423-UA]
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Legal Document (Payment Possibly Required) 1 Filed: 4/13/2016, Entered: 4/13/2016 Court Filing
COMPLAINT as to B6EA479. In Violation of 15 U.S.C. 78j (b) & 78ff; 17 C.F.R. 240.10b-5 & 240.10b5-2; 18 U.S.C. 2 (Signed by Magistrate Judge James L. Cott) (dif) [1:16-mj-02423-UA]
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Blank  Filed: 4/13/2016, Entered: 4/13/2016
Arrest of B6EA479. (dif) [1:16-mj-02423-UA]
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