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Since this appears to be a very large docket, we will only show 500 entries at at time.
Page 1 • Page 2
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 512 |
Filed: 7/25/2022, Entered: None |
Order |
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 Request |
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| 507 |
Filed: 3/11/2020, Entered: 3/11/2020 |
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FINAL ORDER OF FORFEITURE as to 203085B. (Signed by Judge P. Kevin Castel on 3/11/2020) [***Certified copies sent to AUSA.] (jbo)
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Request |
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| 506 |
Filed: 3/10/2020, Entered: 3/10/2020 |
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DECLARATION of Edward Imperatore in Support by USA as to 203085B re: 505 LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated March 10, 2020 re: Final Order of Forfeiture .. (Imperatore, Edward)
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Request |
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| 505 |
Filed: 3/10/2020, Entered: 3/10/2020 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated March 10, 2020 re: Final Order of Forfeiture . Document filed by USA as to 203085B. (Attachments: # 1 Text of Proposed Order)(Imperatore, Edward)
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Request |
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| 504 |
Filed: 1/8/2020, Entered: 1/8/2020 |
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SERVICE BY PUBLICATION as to 203085B. A Notice of Forfeiture was published in the www.forfeiture.gov on November 15, 2018 through December 14, 2018. Document filed by USA as to 203085B. (Imperatore, Edward)
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Request |
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Filed: 10/22/2019, Entered: 10/22/2019 |
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Transmission of USCA Mandate to the District Judge re: 503 USCA Mandate. (nd)
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| 503 |
Filed: 10/22/2019, Entered: 10/22/2019 |
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MANDATE of USCA (Certified Copy) as to 203085B re: 421 Notice of Appeal, 466 Notice of Appeal. USCA Case Number 18-1966-cr (L); 18-2908-cr (Con). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/22/2019. (nd)
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Request |
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| 502 |
Filed: 9/27/2019, Entered: 9/27/2019 |
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MEMO ENDORSED re: 501 LETTER MOTION Travel Request as to 9D2B9C8 (2)...ENDORSEMENT: Mr. 9D2B9C8 may travel to China for employment related reasons with the permission of the Officer of Probation and without the need for judicial approval. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/27/19) (jbo)
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Request |
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| 501 |
Filed: 9/27/2019, Entered: 9/27/2019 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 9/27/2019 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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| 500 |
Filed: 9/9/2019, Entered: 9/9/2019 |
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MEMO ENDORSEMENT granting 499 LETTER MOTION filed by 9D2B9C8 (2), addressed to Judge P. Kevin Castel from Attorney Gordon Mehler dated 8/16/2019 re: Travel Request. We write to request that Mr. 9D2B9C8 be allowed to travel within the United States. ENDORSEMENT: Application GRANTED. SO ORDERED: (Signed by Judge P. Kevin Castel on 9/9/2019) (bw)
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Request |
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| 499 |
Filed: 8/16/2019, Entered: 8/16/2019 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 8/16/2019 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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| 498 |
Filed: 8/5/2019, Entered: 8/5/2019 |
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MEMO ENDORSED granting 497 LETTER MOTION Travel Request as to 9D2B9C8 (2)...ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge P. Kevin Castel on 8/5/19) (jbo)
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Request |
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| 497 |
Filed: 8/5/2019, Entered: 8/5/2019 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 8/5/2019 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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| 496 |
Filed: 6/24/2019, Entered: 6/24/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 9D2B9C8. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/1/19 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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Request |
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| 495 |
Filed: 6/24/2019, Entered: 6/24/2019 |
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TRANSCRIPT of Proceedings as to 9D2B9C8 re: Sentence held on 5/1/19 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (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 7/15/2019. Redacted Transcript Deadline set for 7/25/2019. Release of Transcript Restriction set for 9/23/2019. (McGuirk, Kelly)
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Request |
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| 494 |
Filed: 6/10/2019, Entered: 6/11/2019 |
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MEMO ENDORSED granting 493 LETTER MOTION Travel Request as to 9D2B9C8 (2)...ENDORSEMENT: The Court grants the application. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/10/19) (jbo)
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Request |
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| 493 |
Filed: 6/10/2019, Entered: 6/10/2019 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 6/10/2019 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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| 492 |
Filed: 5/9/2019, Entered: 5/9/2019 |
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MEMO ENDORSEMENT 491 LETTER MOTION write as a follow-up to 9D2B9C8 sentencing last week, where the Court agreed, with the consent of the United States Attorney, to so order that Pretrial Services return Mr. 9D2B9C8 two passports that it has in its custody to me. Upon receipt, I will hold them and not release them to Mr. 9D2B9C8 as part of any travel without proper authorization as to 9D2B9C8..ENDORSEMENT...Mr. Mehler representation is adopted as in Court's Order. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/8/19) (jw)
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Request |
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| 491 |
Filed: 5/9/2019, Entered: 5/9/2019 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 5/8/2019 re: Passports. Document filed by 9D2B9C8. (Mehler, Gordon) Modified on 5/9/2019 (ka).
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Request |
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| 490 |
Filed: 5/1/2019, Entered: 5/2/2019 |
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JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 5/1/2019. Defendant 9D2B9C8 (2), Pleaded guilty to Count(s) 1, 2-3, 4-5, and 6. IMPRISONMENT: for a total term of Time Served. SUPERVISED RELEASE: for a term of 3 Years. SPECIAL ASSESSMENT: $600 which is due immediately. RESTITUTION: $15,155,797.27. Special instructions regarding the payment of criminal monetary penalties: Restitution should be paid in monthly installments of 10% of gross monthly income over a period of supervision to commence June 1, 2019. Joint and Several: Restitution $15, 155,797.27: 16 Cr. 746-01 (PKC) 203085B; 15 Cr. 512 (PKC) Albert Hallac. -The defendant shall forfeit the defendant's interest in the following property to the United States: $120,000 (satisfied). (Signed by Judge P. Kevin Castel on 5/1/2019)(jw). (Main Document 490 replaced on 5/6/2019) (bw). Modified on 5/6/2019 (bw).
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Request |
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Filed: 5/1/2019, Entered: 5/1/2019 |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 5/1/2019 for 9D2B9C8 (2) Count 1,2-3,4-5,6. Defendant present with attorney Gordon Mehler. AUSA, Edward Imperatore, present. Defendant is sentenced to TIME SERVED, 3 years supervised release, the fine is waived, Restitution ordered in the amount of $15,155,797.27, Forfeiture in the amount of $120,000 (satisfied) and a special assessment of $600. (jbo)
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| 489 |
Filed: 5/1/2019, Entered: 5/1/2019 |
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ORDER OF RESTITUTION as to 9D2B9C8. (Signed by Judge P. Kevin Castel on 5/1/2019) (lnl)
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Request |
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| 488 |
Filed: 3/13/2019, Entered: 3/14/2019 |
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MEMO ENDORSEMENT granting 487 LETTER MOTION To travel to China and Thailand from March 26 until April 7 for a series of meetings as to 9D2B9C8..ENDORSEMENT...Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/14/19) (jw)
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Request |
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| 487 |
Filed: 3/13/2019, Entered: 3/13/2019 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 3/13/2019 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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| 485 |
Filed: 2/27/2019, Entered: 2/27/2019 |
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SENTENCING SUBMISSION by USA as to 9D2B9C8. (Imperatore, Edward)
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Request |
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| 484 |
Filed: 2/26/2019, Entered: 2/26/2019 |
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MEMO ENDORSEMENT as to (16-Cr-746-02) 9D2B9C8 on re: 483 LETTER MOTION filed by 9D2B9C8 addressed to Judge P. Kevin Castel from Attorney Gordon Mehler dated 2/22/2019 re: modification of 9D2B9C8 sentencing date. ENDORSEMENT: Sentencing is moved to May 1, 2019 at 2:00 p.m. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/26/2019)(bw)
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Request |
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| 483 |
Filed: 2/22/2019, Entered: 2/22/2019 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 2/22/2019 re: modification of 9D2B9C8 sentencing date . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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| 482 |
Filed: 2/12/2019, Entered: 2/12/2019 |
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MEMO ENDORSED granting 479 LETTER MOTION requesting permission to travel as to 9D2B9C8 (2)...ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/12/19) (jbo)
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Request |
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| 481 |
Filed: 2/7/2019, Entered: 2/7/2019 |
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MEMO ENDORSEMENT as to (16-Cr-746-2) 9D2B9C8 on re: 480 CONSENT LETTER MOTION filed by USA addressed to Judge P. Kevin Castel from AUSA Edward Imperatore dated 2/6/2019 re: adjourn 9D2B9C8 sentencing. ENDORSEMENT: Sentencing adjourned from April 25, 2019 to May 2, 2019 at 2:00 p.m. SO ORDERED: (Signed by Judge P. Kevin Castel on 2/6/2019)(bw)
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Request |
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| 480 |
Filed: 2/6/2019, Entered: 2/6/2019 |
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CONSENT LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 2/6/2019 re: adjourn 9D2B9C8 sentencing . Document filed by USA as to 9D2B9C8. (Imperatore, Edward)
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Request |
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| 479 |
Filed: 2/6/2019, Entered: 2/6/2019 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 2/6/2019 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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Filed: 1/23/2019, Entered: 1/23/2019 |
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Attorney update in case as to 203085B (1). Attorneys Kyle Patrick Sheahen; William Farnham Johnson and Brian R. Michael terminated. (bw)
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| 478 |
Filed: 1/23/2019, Entered: 1/23/2019 |
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MEMO ENDORSEMENT as to 203085B (1) granting 473 MOTION for William F. Johnson, Brian R. Michael and Kyle Patrick Sheahen of King & Spalding to Withdraw as Attorney for Defendant 203085B. ENDORSEMENT: Motion granted. SO ORDERED: (Signed by Judge P. Kevin Castel on 1/23/2019) (bw)
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Request |
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| 477 |
Filed: 1/10/2019, Entered: 1/10/2019 |
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MEMO ENDORSEMENT granting 476 LETTER MOTION filed by 9D2B9C8 (2), addressed to Judge P. Kevin Castel from Attorney Gordon Mehler dated January 7,2019 re: Permission to Travel. We write to to request that Mr. 9D2B9C8 be allowed to China from January 14 until January 24 for a series of meetings. ENDORSEMENT: Application granted. SO ORDERED: (Signed by Judge P. Kevin Castel on 1/10/2019) (bw)
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Request |
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| 476 |
Filed: 1/9/2019, Entered: 1/9/2019 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated January 7,2019 re: Permission to Travel . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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Filed: 1/8/2019, Entered: 1/8/2019 |
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NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to 9D2B9C8: Notice to Attorney Mehler, Gordon to RE-FILE Document 475 MOTION to Travel. Use the event type Letter Motion found under the event list Motions. (ka)
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| 475 |
Filed: 1/7/2019, Entered: 1/7/2019 |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Travel . Document filed by 9D2B9C8. (Mehler, Gordon) Modified on 1/8/2019 (ka).
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Request |
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| 474 |
Filed: 12/20/2018, Entered: 12/20/2018 |
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DECLARATION of William F. Johnson in Support as to 203085B re: 473 MOTION for William F. Johnson, Brian R. Michael and Kyle Patrick Sheahen of King & Spalding to Withdraw as Attorney for Defendant 203085B. (Johnson, William)
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Request |
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| 473 |
Filed: 12/20/2018, Entered: 12/20/2018 |
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MOTION for William F. Johnson, Brian R. Michael and Kyle Patrick Sheahen of King & Spalding to Withdraw as Attorney for Defendant 203085B. Document filed by 203085B. (Attachments: # 1 Certificate of Service)(Johnson, William)
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Request |
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| 472 |
Filed: 12/11/2018, Entered: 12/11/2018 |
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MEMO ENDORSEMENT as to (16-Cr-746-02) 9D2B9C8 on re: 471 LETTER MOTION filed by USA addressed to Judge P. Kevin Castel from AUSA Edward Imperatore dated 12/11/18 re: schedule sentencing. ENDORSEMENT: Sentencing is set for April 25, 2019 at 10:30 a.m. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/11/2018)(bw)
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Request |
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| 471 |
Filed: 12/11/2018, Entered: 12/11/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 12/11/18 re: schedule sentencing . Document filed by USA as to 9D2B9C8. (Imperatore, Edward)
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Request |
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| 470 |
Filed: 11/19/2018, Entered: 11/19/2018 |
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MEMO ENDORSEMENT granting 469 LETTER MOTION filed by 9D2B9C8 (2), addressed to Judge P. Kevin Castel from Attorney Gordon Mehler dated 11/16/2018 re: Travel Request. We write to request that Mr. 9D2B9C8 be allowed to China and Hong Kong from December 1 until December 16 for a series of meetings. ENDORSEMENT: Application granted. SO ORDERED: (Signed by Judge P. Kevin Castel on 11/16/2018) (bw)
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Request |
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| 469 |
Filed: 11/16/2018, Entered: 11/16/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 11/16/2018 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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| 468 |
Filed: 10/11/2018, Entered: 10/11/2018 |
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MEMO ENDORSEMENT as to (16-Cr-746-02) 9D2B9C8 on re: 467 LETTER MOTION filed by USA, addressed to Judge P. Kevin Castel from AUSA Edward Imperatore dated 10/11/2018 re: adjourn 9D2B9C8 sentencing control date. ENDORSEMENT: Conference Adjourned from 10/12/18 to Dec. 13, 2018 at 11:00 a.m. SO ORDERED: (Signed by Judge P. Kevin Castel on 10/11/2018)(bw)
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Request |
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| 467 |
Filed: 10/11/2018, Entered: 10/11/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 10/11/2018 re: adjourn 9D2B9C8 sentencing control date . Document filed by USA as to 9D2B9C8. (Imperatore, Edward)
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Request |
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Filed: 9/27/2018, Entered: 9/27/2018 |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to 203085B re: 466 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd)
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Filed: 9/27/2018, Entered: 9/27/2018 |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to 203085B to US Court of Appeals re: 466 Notice of Appeal. (nd)
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| 466 |
Filed: 9/27/2018, Entered: 9/27/2018 |
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NOTICE OF APPEAL by 203085B from 459 Memorandum & Opinion, 461 Order,, 465 Order, 464 Order for Forfeiture of Property. Filing fee $ 505.00, receipt number 465401219247. (nd)
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Request |
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| 465 |
Filed: 9/26/2018, Entered: 9/26/2018 |
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ORDER OF RESTITUTION as to 203085B. 203085B, the Defendant, shall pay restitution in the total amount of $15,155,797.27 to the victims of the offenses charged in Counts One through Seven of the Indictment. The names, addresses, and amounts owed to each victim are set forth in the Schedule of Victims attached hereto. 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. The defendant shall make restitution from his existing assets but in no event less than monthly installments of at least 20% of his monthly income commencing, 11-1-18. Joint and Several Liability. Defendant's liability for restitution shall be joint and several with that of any other defendant ordered to make restitution for the offenses in this matter, specifically 9D2B9C8 under 16 Cr. 746 (PKC) and Albert Hallac under 15 Cr. 512 (RMB). Defendant's liability for restitution shall continue unabated until either the Defendant has paid the full amount of restitution ordered herein, or every victim has been paid the total amount of his loss from all the restitution paid by the Defendant and co-defendants in this matter. (Signed by Judge P. Kevin Castel on 9/26/2018)(ft)
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Request |
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| 464 |
Filed: 9/26/2018, Entered: 9/26/2018 |
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PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to 203085B. As a result of the offenses charged in Counts One through Seven of the Indictment, to which the defendant was found guilty at trial, a money judgment in the amount of $22,584,897.00 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 Property/Money Judgment to Assistant United States Attorney Alexander J. Wilson, Chief of the Money Laundering and Asset Forfeiture Unit, United States Attorney's Office, One St. Andrew's Plaza, New York, New York 10007. (Signed by Judge P. Kevin Castel on 9/26/2018)(ft)
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Request |
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| 463 |
Filed: 9/25/2018, Entered: 9/25/2018 |
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LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 9/25/2018 re: forfeiture and restitution orders Document filed by USA. (Attachments: # 1 proposed forfeiture order, # 2 proposed restitution order)(Imperatore, Edward)
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Request |
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Filed: 9/21/2018, Entered: 9/21/2018 |
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Attorney update in case as to 203085B (1). Attorney Steven Jay Katzman terminated. (bw)
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Filed: 9/21/2018, Entered: 9/21/2018 |
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Attorney update in case as to 203085B (1). Attorney Thomas Henry Bienert, Jr. and Anthony Ray Bisconti terminated. (bw)
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| 462 |
Filed: 9/21/2018, Entered: 9/21/2018 |
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MEMO ENDORSEMENT granting 450 MOTION for Bienert, Miller & Katzman, PLC to Withdraw as Attorney, filed by 203085B. ENDORSEMENT: Motion granted. SO ORDERED: (Signed by Judge P. Kevin Castel on 9/21/2018) (bw)
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Request |
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| 461 |
Filed: 9/21/2018, Entered: 9/21/2018 |
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ORDER as to (16-Cr-746-1) 203085B. The Court is in receipt of a letter dated September 21, 2018 from counsel to the P2 Fund. (Dkt. 460). The letter attaches an affidavit quantifying certain of the P2 Fund's expenses as amounts incurred in assisting with the government's criminal investigation. See 18 U.S.C. § 3663A(b)(4); Lagos v. United States, 138 S. Ct. 1684, 1690 (2018). In light of this submission, the Court amends its Opinion and Order of September 20, 2018 (Dkt. 459) as follows: the final two sentences of point 7 are stricken, and replaced with: "The P2 Fund is entitled to $69,348.00. (Licker Aff. 4)." SO ORDERED. (Signed by Judge P. Kevin Castel on 9/21/2018)(bw)
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Request |
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| 460 |
Filed: 9/21/2018, Entered: 9/21/2018 |
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LETTER by Weston Capital Partners Master Fund II and Karen Balmer (as director) as to 203085B addressed to Judge P. Kevin Castel from Attorney Eugene R. Licker dated September 21, 2018 re: We represent Weston Capital Partners Master Fund 11, Ltd. ("PII"), a victim of Mr. 203085B defalcations and a subpoenaed party both for Mr. 203085B trial and the subsequent Fatico hearing. We are aware of your Honor's ruling with regard to MVRA restitution in the above case, including your Honor's denial of PII's request thereunder. The denial is based on the absence of a sworn statement supporting our application. While we understand and respect the Court's ruling, we do point out that in support of our MYRA application, I provided the Court with a specified list, albeit not subject to the penalties of perjury. As an officer of the Court, making representations to the Court, it did not occur to me that my representations of fact would be taken as made in any manner other than as sanctionable if false. In light of your Honor's ruling, I see that I was wrong, for which I apologize.(bw)
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Filed: 9/20/2018, Entered: 9/20/2018 |
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Set/Reset Deadlines/Hearings as to 203085B (1): Brief (Government's proposed order of forfeiture and restitution) due by 9/25/2018. (bw)
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| 459 |
Filed: 9/20/2018, Entered: 9/20/2018 |
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OPINION AND ORDER as to (16-Cr-746-01) 203085B. This Opinion and Order sets forth the Court's findings of fact and conclusions of law on forfeiture and restitution. FORFEITURE: 1. Forfeiture of $22,584,897.00 will be ordered. Pursuant to 18 U.S.C. § 981(a)(1)(C), forfeitable property is "[a]ny property, real or personal, which constitutes or is derived from proceeds traceable to" the offense, "or a conspiracy to commit such offense." In cases involving loan fraud, "the court shall allow the claimant a deduction from the forfeiture to the extent that the loan was repaid, or the debt was satisfied, without any financial loss to the victim." Id. § 981(a)(2)(C). As to the P2 Loan, this figure represents the $9,410,572.00 in disbursed loan proceeds reduced by a $3,525,675.00 payment by Swartz IP. As to the TT Loan, this figure represents the $17,700,000.00 in disbursed loan proceeds reduced by a $1 million fulfillment of a TT Portfolio redemption request. The Court agrees with the parties that section 981(a)(2)(C) requires such deductions. 2. No additional deductions from forfeiture pursuant to section 981(a)(2)(C) are appropriate. 203085B summarizes these proposed deductions his letter of August 24, 2018. (Dkt. 452). Exhibit A of the August 24 letter ("Exhibit A") relates to the P2 Loan and lists such proposed deductions as items 1 through 5, 7, and 9.1 (Dkt. 452 Ex. A). Exhibit B of the August 24 letter ("Exhibit B") relates to the TT Loan and lists such proposed deductions as items 1, 2, and 4. (Dkt. 452 Ex. B). The Court briefly addresses each....[See this Opinion And Order]... RESTITUTION: 5. Restitution of $5,884,897.00 plus certain expenses as outlined below should be made to WFF.(See Footnote 3 on this Opinion And Order). Restitution of $9,281,900.27 plus certain expenses as outlined below should be made to the TT Portfolio. Pursuant to the Mandatory Victims Restitution Act ("MVRA"), "the court shall order, in addition to... any other penalty authorized by law, that the defendant make restitution to the victim of the offense." 18 U.S.C. § 3663A(a)(1), (c)(1). "In the case of offenses involving monetary loss, that amount equals 'the greater of... the value of the property on the date of the damage, loss, or destruction; or... the value of the property on the date of sentencing, less... the value (as of the date the property is returned) of any part of the property that is returned.'" United States v. Thompson, 792 F.3d 273, 277 (2d Cir. 2015) (omissions in original) (quoting 18 U.S.C. § 3663A(b)(1)(B)). The MVRAs goal is to fully compensate victims, but does not permit a recovery exceeding actual loss. United States v. Smathers, 879 F.3d 453, 459 (2d Cir. 2018). The amounts of restitution above reflect the calculation of actual loss by crediting $3,525,675.00 for partial repayment against the $9,410,572.00 in disbursed loan proceeds under P2 Loan and to credit $8,412,000.00 for settlements and redemptions paid against the $17,693,900.27 outstanding balance on the TT Loan. 6. No additional reductions to restitution are appropriate. 203085B proposes that the same items listed on Exhibits A and B reduce restitution because they are: "(1) repayments of loan amounts; and (2) other amounts that are not properly attributed to Mr. 203085B for the purposes of restitution because they are either amounts that Hallac and 9D2B9C8 disbursed for their own benefit, or payments that Hallac and 9D2B9C8 directed Mr. 203085B to make." (Dkt. 452 at 6). The Court briefly addresses these arguments....[See this Opinion And Order]... 8. All other applications regarding restitution are denied. CONCLUSION: The government shall submit a proposed order of forfeiture and restitution to the Court, consistent with this Opinion and Order no later than 5 p.m. on September 25, 2018. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/20/2018)(bw); [*** NOTE: ALSO SEE ORDER, DOC.#461, FILED ON 9/21/2018. ***] Modified on 9/21/2018 (bw).
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Request |
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| 458 |
Filed: 9/17/2018, Entered: 9/17/2018 |
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ORDER as to 203085B. The Court is in receipt of the September 14, 2018 letter of Ms. Ramachandran written on behalf of Mr. 203085B and/or his lawyers. The Order of this Court of April 26, 2018 remains a binding Order of this Court. The July 27, 2018 Order construed the April 26, 2018 Order but did not modify it. The construction in the July 27, 2018 Order remains a binding Order of this Court. All relief sought by 203085B or his lawyers in the motion of July 25, 2018 (Doc 434) that seeks to modify the April 26, 2018 Order or seeks a construction of the April 26, 2018 Order inconsistent with the July 27, 2018 Order is DENIED. The Clerk is directed to terminate the motion (Doc 434). SO ORDERED. (Signed by Judge P. Kevin Castel on 9/14/2018)(bw)
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Request |
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| 457 |
Filed: 9/14/2018, Entered: 9/14/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Seetha Ramachandran dated September 14, 2018 re: payment of attorney's fees. . Document filed by 203085B. (Ramachandran, Seetha)
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Request |
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| 456 |
Filed: 9/7/2018, Entered: 9/7/2018 |
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LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 9/7/2018 re: restitution/forfeiture reply Document filed by USA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Imperatore, Edward)
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Request |
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| 455 |
Filed: 9/5/2018, Entered: 9/5/2018 |
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ENDORSED LETTER as to 9D2B9C8 addressed to Judge P. Kevin Castel from Gordon Mehler, dated 9/4/2018, re: Counsel writes to request that the Court not file the attached itinerary electronically, and that this submission to the Court, and to Pretrial Services via email, be sufficient in satisfying the requirements noted in the endorsement of Mr. 9D2B9C8 travel request. ENDORSEMENT: The itinerary submitted to the Court is approved. So Ordered. (Signed by Judge P. Kevin Castel on 9/4/2018) (lnl)
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Request |
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| 454 |
Filed: 8/28/2018, Entered: 8/28/2018 |
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MEMO ENDORSEMENT as to (16-Cr-746-02) 9D2B9C8 on re: 453 LETTER MOTION filed by 9D2B9C8, addressed to Judge P. Kevin Castel from Attorney Gordon Mehler dated 8/27/2018 re: Travel Request. We write to request that Mr. 9D2B9C8 be allowed to China from September 6 until September 18. Mr. 9D2B9C8 is also seeking permission to travel to Thailand, Vietnam and Cambodia for one to two days each during his trip to China, as explained below. ENDORSEMENT: Application granted subject to submission of itinerary to both Pretrial Services and the undersigned. SO ORDERED: (Signed by Judge P. Kevin Castel on 8/28/2018)(bw)
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Request |
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| 453 |
Filed: 8/27/2018, Entered: 8/27/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 8/27/2018 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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| 452 |
Filed: 8/24/2018, Entered: 8/24/2018 |
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LETTER by 203085B addressed to Judge P. Kevin Castel from Seetha Ramachandran dated August 24, 2018 re: in Opposition to Government's Forfeiture and Restitution Letter (dated 8/10/18) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ramachandran, Seetha)
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Request |
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| 451 |
Filed: 8/23/2018, Entered: 8/23/2018 |
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DECLARATION of Thomas H. Bienert, Jr. in Support as to 203085B re: 450 MOTION for Bienert, Miller & Katzman, PLC to Withdraw as Attorney .. (Bienert, Thomas)
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Request |
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| 450 |
Filed: 8/23/2018, Entered: 8/23/2018 |
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MOTION for Bienert, Miller & Katzman, PLC to Withdraw as Attorney . Document filed by 203085B. (Bienert, Thomas)
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Request |
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| 449 |
Filed: 8/23/2018, Entered: 8/23/2018 |
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MEMO ENDORSEMENT granting 444 LETTER MOTION filed by 203085B (1), addressed to Judge P. Kevin Castel from Attorney Lee Ginsberg dated 8/10/2018 re: I respectfully move, by this letter motion, to have Mr. 203085B bail exonerated now that he has been sentenced and begun to serve that sentence. ENDORSEMENT: Application granted. SO ORDERED: (Signed by Judge P. Kevin Castel on 8/22/2018) (bw)
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Request |
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| 448 |
Filed: 8/22/2018, Entered: 8/23/2018 |
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ORDER of USCA (Certified Copy) as to 203085B re: 421 Notice of Appeal - Final Judgment USCA Case Number 18-1966. Upon due consideration of Appellant 203085B Motion for Bail Pending Appeal, the Government's opposition thereto, and the argument of counsel, it is hereby ORDERED that the motion is DENIED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 8/22/2018. (tp)
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Request |
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| 447 |
Filed: 8/16/2018, Entered: 8/16/2018 |
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LETTER by Weston Capital Partners Master Fund II and Karen Balmer (as director) as to 203085B addressed to Judge P. Kevin Castel, from Eugene R. Licker dated 8/10/2018 re: Victim's counsel writes to provide costs to the Court Document filed by Weston Capital Partners Master Fund II and Karen Balmer (as director). (ap)
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Request |
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| 446 |
Filed: 8/13/2018, Entered: 8/13/2018 |
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MEMO ENDORSEMENT granting 440 LETTER MOTION filed by 9D2B9C8 addressed to Judge P. Kevin Castel from Gordon Mehler dated 8/7/2018 re: Travel Request. We write to request that Mr. 9D2B9C8 be allowed to travel to London and the Isle of Man from August 16th until August 22nd. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/13/2018) (bw)
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Request |
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| 445 |
Filed: 8/10/2018, Entered: 8/10/2018 |
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LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 8/10/2018 re: forfeiture and restitution Document filed by USA. (Imperatore, Edward)
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Request |
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| 444 |
Filed: 8/10/2018, Entered: 8/10/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 8/10/2018 . Document filed by 203085B. (Ginsberg, Lee)
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Request |
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| 443 |
Filed: 8/9/2018, Entered: 8/9/2018 |
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MEMORANDUM OF LAW in Opposition by Wimbledon Financing Master Fund, Ltd. as to 203085B, 9D2B9C8 re: 434 LETTER MOTION addressed to Judge P. Kevin Castel from Seetha Ramachandran of Schulte Roth & Zabel LLP dated July 25, 2018 re: Attorneys Fees and Civil Restraining Notices . filed by 203085B, 435 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,, . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Kaplan, Howard)
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Request |
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| 442 |
Filed: 8/8/2018, Entered: 8/8/2018 |
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MEMO ENDORSEMENT as to 203085B on 439 LETTER by 203085B addressed to Judge P. Kevin Castel from Seetha Ramachandran dated August 6, 2018 re: in response to (1) letter submitted by the Government concerning this Court's July 27, 2018 Order and a (2) brief submitted by Wimbledon opposing our application for relief from the civil restraining notices. ENDORSEMENT: I am not in the business of giving "guidance" to lawyers or law firms on the application of existing orders, particularly when the rights of non-parties would be so directly affected. You may file any motion you wish. So Ordered. (Signed by Judge P. Kevin Castel on 8/8/2018) (lnl)
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Request |
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| 441 |
Filed: 8/8/2018, Entered: 8/8/2018 |
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ORDER as to 203085B: Wimbledon Financing Master Fund, Ltd. shall file on the Electronic Case Filing system a copy of its August 3, 2018 submission to the Court regarding civil restraining notices. (Signed by Judge P. Kevin Castel on 8/8/2018) (lnl)
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Request |
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| 440 |
Filed: 8/7/2018, Entered: 8/7/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 8/7/2018 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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| 439 |
Filed: 8/6/2018, Entered: 8/6/2018 |
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LETTER by 203085B addressed to Judge P. Kevin Castel from Seetha Ramachandran dated August 6, 2018 re: in response to (1) letter submitted by the Government concerning this Court's July 27, 2018 Order and a (2) brief submitted by Wimbledon opposing our application for relief from the civil restraining notices (Ramachandran, Seetha)
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Request |
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| 438 |
Filed: 8/6/2018, Entered: 8/6/2018 |
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LETTER by USA as to 203085B, 9D2B9C8 addressed to Judge P. Kevin Castel from Elisha Kobre dated August 6, 2018 re: Court's Order of July 27, 2018 Document filed by USA. (Kobre, Elisha)
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Request |
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| 437 |
Filed: 8/3/2018, Entered: 8/3/2018 |
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LETTER by 203085B addressed to Judge P. Kevin Castel from Seetha Ramachandran dated August 3, 2018 re: in response to the July 27, 2018 Order. (Ramachandran, Seetha)
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Request |
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| 436 |
Filed: 7/27/2018, Entered: 7/27/2018 |
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ENDORSED LETTER as to 203085B addressed to Judge P. Kevin Castel from Attorney Howard J. Kaplan dated July 23, 2018 re: We represent Wimbledon Financing Master Fund, Ltd. (In Official Liquidation) ("Wimbledon"), on its own behalf and as assignee of Weston Capital Partners Master Fund, II, Ltd. ("Partners II"). Pursuant to the Court's memo endorsed order dated July 16, 2018 (Dkt. No. 433), enclosed please find an unredacted copy of Defense A018, which is entitled "Fourth Report of the Joint Official Liquidators of Wimbledon Financing Fund Ltd. and Wimbledon Financing Master Fund Ltd. (Both In Official Liquidation)," dated June 8, 2018. ENDORSEMENT: The redactions to Defense A018 are APPROVED. The letter to the Court dated July 23, 2018 with certain redactions made by the Court will be filed. SO ORDERED: (Signed by Judge P. Kevin Castel on 7/26/2018)(bw)
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Request |
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| 435 |
Filed: 7/27/2018, Entered: 7/27/2018 |
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ORDER as to 203085B. By letter dated July 25, 2018, a lawyer with one of the five law firms that presently represents Mr. 203085B wrote to this Court advising that, slightly over a year ago, Wimbeldon Financing Master Fund, LTD (the "Judgment Creditor") obtained a judgment against Mr. 203085B in New York Supreme Court, New York County for a sum in excess of $8 million. The letter further advised that the Judgment Creditor is now endeavoring to enforce the judgment, including by civil restraining notices served on law firms representing Mr. 203085B. Wimbeldon Financing Master Fund, LTD v. 203085B, et al., Index No. 150584/2016 (judgment filed July 21, 2017). Mr. 203085B and his lawyers argue that the civil restraining notices served between March and June 2018 in aid of collection of the state court judgment "interfere" with Mr. 203085B restitution and forfeiture obligations in this case. Specifically, they argue that the restraining notices "interefere" with a Stipulated Restraining Order entered by this Court on April 26, 2018 (the "April 26 Order"). (Dkt. 385). The July 25 letter also raises issues pertaining to the Sixth Amendment right to counsel, the All Writs Act, 28 U.S.C. § 1651, and the inapplicability of the Rooker-Feldman doctrine....[See this Order]... The matter of Mr. 203085B ability to make payments towards forefeiture and restitution despite the civil restraining notices should be addressed in the final order of restitution and forfeiture proposed by the parties to the Court.The government and 203085B are directed to file a submission by August 3, 2018 stating whether they agree with the Court's order of today's date and, if not, in what respect they disagree and their reasons for that position. Any other interested person, including the Judgment Creditor, may state its position by August 3, 2018. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/27/2018)(bw)
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Request |
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| 434 |
Filed: 7/25/2018, Entered: 7/25/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Seetha Ramachandran of Schulte Roth & Zabel LLP dated July 25, 2018 re: Attorneys Fees and Civil Restraining Notices . Document filed by 203085B. (Attachments: # 1 Exhibit 1-Restraining notice served on SRZ, # 2 Exhibit 2-April 4 transcript from NYS Supreme Court, # 3 Exhibit 3-June 22 transcript from NYS Supreme Court)(Ramachandran, Seetha)
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Request |
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| 433 |
Filed: 7/16/2018, Entered: 7/16/2018 |
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MEMO ENDORSEMENT as to (16-Cr-746-01) 203085B on re: 431 LETTER by 203085B addressed to Judge P. Kevin Castel from Seetha Ramachandran dated July 13, 2018 re: restitution issues. ENDORSEMENT: Kaplan Rice as counsel for Wimbledon shall produce for in camera review (together with any explanatory submission) of Defense A018 in seven days. Mr. 203085B counsel shall serve their order on Wimbledon's counsel. SO ORDERED: (Signed by Judge P. Kevin Castel on 7/16/2018)(bw)
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Request |
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| 432 |
Filed: 7/16/2018, Entered: 7/16/2018 |
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LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 7/16/2018 re: defense letter request (Dkt. 431) Document filed by USA. (Imperatore, Edward)
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Request |
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| 431 |
Filed: 7/13/2018, Entered: 7/13/2018 |
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LETTER by 203085B addressed to Judge P. Kevin Castel from Seetha Ramachandran dated July 13, 2018 re: restitution issues. (Ramachandran, Seetha)
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Request |
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| 430 |
Filed: 7/12/2018, Entered: 7/12/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/27/18 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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Request |
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| 429 |
Filed: 7/12/2018, Entered: 7/12/2018 |
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TRANSCRIPT of Proceedings as to 203085B re: Sentence held on 6/27/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Raquel Robles, (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 8/2/2018. Redacted Transcript Deadline set for 8/13/2018. Release of Transcript Restriction set for 10/10/2018. (McGuirk, Kelly)
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Request |
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| 428 |
Filed: 7/11/2018, Entered: 7/11/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Hearing proceeding held on 6/26/18 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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Request |
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| 427 |
Filed: 7/11/2018, Entered: 7/11/2018 |
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TRANSCRIPT of Proceedings as to 203085B re: Hearing held on 6/26/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Raquel Robles, (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 8/1/2018. Redacted Transcript Deadline set for 8/13/2018. Release of Transcript Restriction set for 10/9/2018. (McGuirk, Kelly)
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Request |
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| 426 |
Filed: 7/11/2018, Entered: 7/11/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Hearing proceeding held on 6/25/18 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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Request |
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| 425 |
Filed: 7/11/2018, Entered: 7/11/2018 |
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TRANSCRIPT of Proceedings as to 203085B re: Hearing held on 6/25/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Raquel Robles, (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 8/1/2018. Redacted Transcript Deadline set for 8/13/2018. Release of Transcript Restriction set for 10/9/2018. (McGuirk, Kelly)
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Request |
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| 424 |
Filed: 7/11/2018, Entered: 7/11/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Hearing proceeding held on 6/25/18 corrected transcript 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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Request |
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| 423 |
Filed: 7/11/2018, Entered: 7/11/2018 |
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TRANSCRIPT of Proceedings as to 203085B re: Hearing held on 6/25/18 corrected transcript before Judge P. Kevin Castel. Court Reporter/Transcriber: Raquel Robles, (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 8/1/2018. Redacted Transcript Deadline set for 8/13/2018. Release of Transcript Restriction set for 10/9/2018. (McGuirk, Kelly)
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Request |
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 422 |
Filed: 7/3/2018, Entered: 7/3/2018 |
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SEALED DOCUMENT placed in vault. (mhe)
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Filed: 7/2/2018, Entered: 7/2/2018 |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to 203085B re: 421 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp)
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Filed: 7/2/2018, Entered: 7/2/2018 |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to 203085B to US Court of Appeals re: 421 Notice of Appeal - Final Judgment. (tp)
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| 421 |
Filed: 7/2/2018, Entered: 7/2/2018 |
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NOTICE OF APPEAL by 203085B from 420 Judgment. Filing fee $ 505.00, receipt number 465401212815. (tp)
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Request |
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| 420 |
Filed: 6/28/2018, Entered: 6/28/2018 |
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JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 6/27/2018. Defendant 203085B (1) was found guilty on Count(s) 1, 2-3, 4-5, 6, and 7, after a plea of not guilty. IMPRISONMENT: 60 months on Counts 1, 2 and 3; 96 months on Counts 4, 5, 6, & 7 - all Counts to run concurrently. The court makes the following recommendations to the Bureau of Prisons: (1) defendant be evaluated to appropriate drug treatment program; and (2) defendant be imprisoned as close as possible to the Los Angeles area and if appropriate, CI Taft. -The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 years. Standard Conditions of Supervision (see page 5 of Judgment). Special Conditions of Supervision (see page 6 of Judgment). ASSESSMENT: $700.00, due immediately. FINE: $250,000.00. The determination of restitution is deferred until 9/28/2018. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. Special instructions regarding the payment of criminal monetary penalties: Fine to be paid within 90 days. -The defendant shall forfeit the defendant's interest in the following property to the United States: all interest in proceeds of crime, instrumentality of crime and any substitute assets. The determination of dollar amount of forfeiture is deferred until 9/28/2018. (Signed by Judge P. Kevin Castel on 6/28/2018)(bw)
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Request |
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Filed: 6/27/2018, Entered: 6/28/2018 |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 6/27/2018 for 203085B (1) Count 1,2-3,4-5,6,7. [*** See Judgment filed on 6/28/2018. ***] (bw)
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| Save 25% on a pre-paid one year subscription. |
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Filed: 6/26/2018, Entered: 6/27/2018 |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Fatico Hearing as to 203085B held on 6/26/2018. Fatico Hearing continues. Court Rulings: Loss amount for Guidelines purposes determined. Briefing schedule set for restitution and forfeiture. Gov't submissions due August 10, 2018, Def's submissions due August 24, 2018, Gov't reply due September 7, 2018. (jbo)
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| 419 |
Filed: 6/26/2018, Entered: 6/26/2018 |
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LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 6/26/2018 re: questions posed by Court Document filed by USA. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Imperatore, Edward)
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Request |
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Filed: 6/25/2018, Entered: 6/27/2018 |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Fatico Hearing as to 203085B held on 6/25/2018. Defendant 203085B is present with his attorneys Thomas Bienert, Anthony Bisconti, Seetha Ramachandran, Lee Ginsberg, Andrew Fish. Eli Salamon-Abrams paralegal. AUSAs Elisha Kobre, Edward Imperatore, and Robert Allen. Luke Urbanczyk paralegal. Court Reporter: Rachel Robes and Eve Giniger. Curcio Hearing waiver accepted. Fatico Hearing begins. Hearing continues to 6/26/18. (jbo)
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| 418 |
Filed: 6/25/2018, Entered: 6/25/2018 |
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NOTICE of Change of Address as to 203085B. New Address: Schulte Roth & Zabel LLP, 919 Third Avenue, New York, NY, United States 10022, (212) 756-2000. (Ramachandran, Seetha)
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Request |
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| 417 |
Filed: 6/25/2018, Entered: 6/25/2018 |
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NOTICE OF ATTORNEY APPEARANCE: Seetha Ramachandran appearing for 203085B. Appearance Type: Retained. (Ramachandran, Seetha)
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Request |
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| 416 |
Filed: 6/22/2018, Entered: 6/22/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 06/22/2018 re: Testimony of Albert Hallac . Document filed by 203085B. (Ginsberg, Lee)
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Request |
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| 415 |
Filed: 6/22/2018, Entered: 6/22/2018 |
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SENTENCING SUBMISSION by 203085B. (Attachments: # 1 Exhibit Powerpoint presentation)(Ginsberg, Lee)
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Request |
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| 414 |
Filed: 6/22/2018, Entered: 6/22/2018 |
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LETTER by 203085B addressed to Judge P. Kevin Castel from Thomas H. Bienert Jr. dated June 22, 2018 re: Citation of Monitored Call (Bienert, Thomas)
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Request |
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| 413 |
Filed: 6/21/2018, Entered: 6/21/2018 |
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MEMO ENDORSEMENT as to 203085B re: We write in response to the government's letter submission of earlier today in which, among other things, the government states that it does not intend to produce Albert Hallac at the Fatico Hearing scheduled to commence June 25, 2018...ENDORSEMENT...I will hear the defendant on the issue and I am prepared, if persuaded, to continue the hearing to allow the witness to testify. As of now, however. I am not persuaded. SO ORDERED (Signed by Judge P. Kevin Castel on 6/21/2018)(jw)
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Request |
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| 412 |
Filed: 6/21/2018, Entered: 6/21/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 6/21/2018 re: Order . Document filed by 203085B. (Attachments: # 1 Order)(Ginsberg, Lee)
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Request |
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| 411 |
Filed: 6/21/2018, Entered: 6/21/2018 |
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NOTICE OF ATTORNEY APPEARANCE: Lee Alan Ginsberg appearing for 203085B. Appearance Type: Retained. (Ginsberg, Lee)
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Request |
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| 410 |
Filed: 6/20/2018, Entered: 6/20/2018 |
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LETTER by 203085B addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated June 20, 2018 re: Fatico Hearing (Bienert, Thomas)
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Request |
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| 409 |
Filed: 6/20/2018, Entered: 6/20/2018 |
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SENTENCING SUBMISSION by USA as to 203085B. (Attachments: # 1 Exhibit A (forfeiture order), # 2 Exhibit B (P2 declaration), # 3 Exhibit C (TT declaration), # 4 Exhibit D (WFF declaration), # 5 Exhibit E (WFF victim impact statement))(Imperatore, Edward)
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Request |
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| 408 |
Filed: 6/20/2018, Entered: 6/20/2018 |
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LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Robert Allen dated June 20, 2018 re: Fatico Hearing Document filed by USA. (Allen, Robert)
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Request |
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| 407 |
Filed: 6/13/2018, Entered: 6/13/2018 |
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DECLARATION of Evan Warshawsky in Support as to 203085B re: 402 Sentencing Submission,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bienert, Thomas)
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Request |
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| 406 |
Filed: 6/13/2018, Entered: 6/13/2018 |
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DECLARATION of Daniel Lutz in Support as to 203085B re: 402 Sentencing Submission,,. (Attachments: # 1 Exhibit A)(Bienert, Thomas)
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Request |
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| 405 |
Filed: 6/13/2018, Entered: 6/13/2018 |
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DECLARATION of Richard Fischler in Support as to 203085B re: 402 Sentencing Submission,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bienert, Thomas)
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Request |
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| 404 |
Filed: 6/13/2018, Entered: 6/13/2018 |
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DECLARATION of Juan Antonio Estevez in Support as to 203085B re: 402 Sentencing Submission,,. (Attachments: # 1 Exhibit A)(Bienert, Thomas)
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Request |
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| 403 |
Filed: 6/13/2018, Entered: 6/13/2018 |
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DECLARATION of Joseph Bianco in Support as to 203085B re: 402 Sentencing Submission,,. (Bienert, Thomas)
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Request |
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| 402 |
Filed: 6/13/2018, Entered: 6/13/2018 |
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SENTENCING SUBMISSION by 203085B. (Attachments: # 1 Exhibit A (Part 1), # 2 Exhibit A (Part 2), # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33)(Bienert, Thomas) (Main Document 402 replaced on 7/11/2019) (bw).
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Request |
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| 400 |
Filed: 6/7/2018, Entered: 6/7/2018 |
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ORDER granting 399 LETTER MOTION as to 203085B (1). At this juncture and until sentencing scheduled for June 27, Mr. 203085B should be granted access on a daily basis to his notes and papers that will be needed for the Fatico hearing on June 25 and for the June 27 sentencing. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/7/2018) (ft)
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Request |
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| 399 |
Filed: 6/6/2018, Entered: 6/6/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated June 6, 2018 re: Potential Transfer of Defendant from MCC to MDC . Document filed by 203085B. (Bienert, Thomas)
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Request |
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| 398 |
Filed: 6/1/2018, Entered: 6/1/2018 |
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LETTER by 203085B addressed to Judge P. Kevin Castel from Thomas H. Bienert Jr. dated June 1, 2018 re: Evidentiary Hearing at Time of Sentencing (Bienert, Thomas)
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Request |
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| 397 |
Filed: 5/30/2018, Entered: 5/30/2018 |
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LETTER RESPONSE in Opposition by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 5/30/2018 re: 387 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated May 16, 2018 re: Evidentiary Hearing at the time of Sentencing .. (Imperatore, Edward)
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Request |
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| 396 |
Filed: 5/29/2018, Entered: 5/29/2018 |
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MEMORANDUM AND ORDER as to 203085B. On March 1, 2018, a jury found defendant 203085B guilty of all seven counts of the indictment, charging him with investment adviser fraud, securities fraud, wire fraud, and conspiracy to commit all three. (Dkt. 1). At trial, the government relied in part on the testimony of cooperating witnesses, investors in the Weston Capital Asset Management ("Weston") funds at issue or their representatives, and individuals who previously invested with 203085B. 203085B put on a defense consisting in part of his own testimony and that of business associates. At the close of the government's case, 203085B orally moved for a judgment of acquittal as to all counts and renewed the motion after the close of all evidence. (Tr. at 222730, 3009). The Court reserved decision on both occasions. (Id. at 2229, 3010). Both sides submitted letter briefs on the motion. (Dkts. 299, 304). The Court granted 203085B motion to extend the time for filing post-trial motions for a judgment of acquittal or a new trial. (Dkt. 315). 203085B made no new motion. The oral trial motion on which the Court reserved decision remains pending. For the reasons to be explained, the Court denies the motion for a judgment of acquittal....[See this Memorandum And Order]... CONCLUSION. The Court therefore DENIES 203085B motion for a judgment of acquittal. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/29/2018)(bw)
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Request |
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| 395 |
Filed: 5/29/2018, Entered: 5/29/2018 |
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ORDER as to 203085B. Until reviewing the forthcoming submissions of May 30 and June 1, the Court is unable to accurately predict the length of the proposed Fatico hearing. At defendant's request, the Court will adjourn the hearing to June 25, 2018 at 2:30 p.m. to continue, if necessary, on June 26, 2018 at 2:30 p.m. Sentencing is adjourned to June 27, 2018 at 2 p.m. but the parties are advised that, depending upon developments in the Fatico hearing, the Court may further adjourn sentencing. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/29/2018)(bw)
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Request |
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| 394 |
Filed: 5/25/2018, Entered: 5/25/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated May 25, 2018 re: Adjournment of Fatico Hearing to the Week of June 25, 2018 . Document filed by 203085B. (Bienert, Thomas)
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Request |
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| |
Filed: 5/22/2018, Entered: 5/22/2018 |
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Terminate Deadlines and Hearings as to 203085B: Sentencing. (ft)
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| 393 |
Filed: 5/22/2018, Entered: 5/22/2018 |
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ORDER granting 391 LETTER MOTION as to 203085B (1). I have the May 21, 2018 letter submitted on behalf of Mr. 203085B regarding sentencing submissions. The Office of Probation advises that the parties received the draft PSR on or about May 8, 2018. Any objections to the draft report should be delivered to Probation by the close of business May 23, 2018. The Court will receive the PSR from Probation on June 7, 2018. Any objections to the PSR by defendant shall be filed on ECF by June 13, 2018 together with any sentencing memorandum, and any objections by the government shall be filed on ECF by June 18, 2018 together with any sentencing memorandum. If there are any redactions to any submissions, the redacted version shall be filed on ECF with an unredacted version delivered to chambers marked as such. In all events courtesy copies of ECF submissions shall be delivered to chambers. In addition to the amount of loss, the June 19 Fatico hearing will address either sides objections that the opposing side contests and that are material to the Courts sentencing decision. (Signed by Judge P. Kevin Castel on 5/22/2018) (ft)
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Request |
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| 392 |
Filed: 5/21/2018, Entered: 5/21/2018 |
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ORDER as to (16-Cr-746-01) 203085B. The Court will grant defendant's request for a Fatico hearing on the amount of loss for Guidelines, resititution and forfeiture purposes. The hearing will take place on June 19, 2018 at 11:30 a.m. Sentencing is adjourned until June 21, 2018 at 10:30 a.m. By May 30, 2018, the government shall submit a letter brief on whether it or the defendant is, or ought to be, limited to the evidence elecited at trial and shall lay out what evidence (witnesses and/or documents) that are not in the trial record it would rely upon to prove loss. The government also shall set forth its response to the defendant's requests on pages 4 and 5 of the letter of May 16, 2018. The defendant shall respond by June 1, 2018 and lay out such evidence (witnesses and/or documents) that are not in the trial record upon which it would rely.Letter motion of May 16, 2018 (Doc 387) is GRANTED to the extent indicated. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/21/2018)(bw)
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Request |
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| 391 |
Filed: 5/21/2018, Entered: 5/21/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated May 21, 2018 re: Rescheduling of Sentencing for 203085B . Document filed by 203085B. (Bienert, Thomas)
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Request |
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| |
Filed: 5/18/2018, Entered: 5/18/2018 |
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Set/Reset Deadlines/Hearings as to 9D2B9C8: Sentencing set for 10/12/2018 at 10:00 AM before Judge P. Kevin Castel (jw)
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| 390 |
Filed: 5/18/2018, Entered: 5/18/2018 |
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MEMO ENDORSEMENT granting 389 LETTER MOTION Reschedule Sentencing as to 9D2B9C8..ENDORSEMENT..Sentencing control date adjourned from May 30, 2018 to October 12, 2018 at 10;00am. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/18/18) (jw)
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Request |
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| 389 |
Filed: 5/18/2018, Entered: 5/18/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 5/18/2018 re: 9D2B9C8 sentencing control date . Document filed by USA as to 9D2B9C8. (Imperatore, Edward)
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Request |
|
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| 388 |
Filed: 5/17/2018, Entered: 5/17/2018 |
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LETTER by 203085B addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated May 16, 2018 re: Exhibits in Support of Request for Evidentiary Hearing at the time of Sentencing (Bienert, Thomas)
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Request |
|
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| 387 |
Filed: 5/16/2018, Entered: 5/16/2018 |
|
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LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated May 16, 2018 re: Evidentiary Hearing at the time of Sentencing . Document filed by 203085B. (Bienert, Thomas)
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Request |
|
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| 386 |
Filed: 4/27/2018, Entered: 4/27/2018 |
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LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 4/27/2018 re: forfeiture and money judgment Document filed by USA. (Imperatore, Edward)
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Request |
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| 385 |
Filed: 4/26/2018, Entered: 4/26/2018 |
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STIPULATED RESTRAINING ORDER as to 203085B. Whereas the Government has sought a post-conviction restraint on the assets of defendant David Betgsiein, and the parties have reached an agreement as to the scope of the restraint, IT IS HEREBY STIPULATED AND AGREED by and among 203085B, by and through his attorneys, and the United States of America, Geoffrey S. Berman, United States Attorney for the Southern District of New York, by Edward Imperatore, Assistant United States Attorney, of counsel, that: The defendant, his attorneys, agents, employees, and anyone acting on his behalf, and all persons or entities acting in concert or participation with any of the above, and all persons and entities having actual knowledge of this order, shall not, directly or indirectly, transfer, sell, assign, pledge, hypothecate, encumber, or dispose of in any manner; cause to be transferred, sold assigned, pledged, hypothecated, encumbered, disposed of in any manner; or take, or cause to be taken, any action that would have the effect of depreciating, damaging, or in any way diminishing the value of the following property, except as approved by the Court and the Government, or as set forth herein: all right; title and interest personally belonging to 203085B, the defendant, in an any and all property, held in the name of, or for the benefit of, 203085B (collectively, the 'Substitute Assets'). IT FURTHER AGREED that the defendant shall not use or permit the Substitute Assets to be used for any illegal activity, or in any manner that would invalidate insurance on the Substitute Assets or diminish the value of the Substitute Assets, neither shall he cause any alteration to the Substitute Assets without the prior written consent of the United States Attorney's Office, except for the payment of attorneys' fees, and reasonable family maintenance as set forth below....[See this Stipulated Restraining Order]... IT IS FURTHER AGREED that this Stipulated Restraining Order shall be blinding upon the defendant, his attorneys agents and employees, and all persons in active concert or participation with any of the above, or any other person having actual knowledge of this Order. SO ORDERED: (Signed by Judge P. Kevin Castel on 4/25/2018)(bw)
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Request |
|
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| 384 |
Filed: 4/25/2018, Entered: 4/25/2018 |
|
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LETTER by 203085B addressed to Judge P. Kevin Castel from William F. Johnson dated April 25, 2018 re: Attached proposed Stipulated Restraining Order resolving the Government's request for post-conviction restraint upon Defendant 203085B (ECF Doc. 360) (Attachments: # 1 proposed Stipulated Restraining Order)(Johnson, William)
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Request |
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| 383 |
Filed: 4/20/2018, Entered: 4/20/2018 |
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MEMO ENDORSEMENT granting 379 LETTER MOTION filed by 9D2B9C8 (2), addressed to Judge P. Kevin Castel from Attorney Gordon Mehler dated 4.16.2018 re: Travel Request. We write to request that Mr. 9D2B9C8 be allowed to travel to London and Frankfurt from April 29th until May 9th. The meetings in London relate to a long-standing business matter that Mr. 9D2B9C8 has been working on for several years, which he anticipates will wind-up this year. This matter relates to Mr. 9D2B9C8 position as an advisor to a company based in the United Kingdom that has been going through a liquidation. ENDORSEMENT: Application granted. SO ORDERED: (Signed by Judge P. Kevin Castel on 4/20/2018) (bw)
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Request |
|
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| 382 |
Filed: 4/19/2018, Entered: 4/19/2018 |
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MEMO ENDORSEMENT granting 381 LETTER MOTION To request an extension as to 203085B (1)...ENDORSEMENT...Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/19/18) (jw)
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Request |
|
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| 381 |
Filed: 4/17/2018, Entered: 4/17/2018 |
|
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LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated April 17, 2018 re: 360 MOTION for Forfeiture of Property application for post-conviction restraining order. re: Extension to File Response to Government's March 23, 2018 Application for a Post-conviction Restraining Order . Document filed by 203085B. (Bienert, Thomas)
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Request |
|
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| |
Filed: 4/17/2018, Entered: 4/17/2018 |
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Set/Reset Deadlines/Hearings as to 203085B: Sentencing set for 6/12/2018 at 02:00 PM before Judge P. Kevin Castel. (lnl)
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| 380 |
Filed: 4/17/2018, Entered: 4/17/2018 |
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MEMO ENDORSEMENT as to 203085B (1) on 378 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated April 16, 2018 re: Adjournment of Mr. 203085B Sentencing Date. ENDORSEMENT: The schedule approved, except sentencing will be adjourned to June 12, 2018 at 2pm. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/17/2018) (lnl)
|
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Request |
|
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| 379 |
Filed: 4/17/2018, Entered: 4/17/2018 |
|
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 4.16.2018 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
|
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| 378 |
Filed: 4/16/2018, Entered: 4/16/2018 |
|
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LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated April 16, 2018 re: Adjournment of Mr. 203085B Sentencing Date . Document filed by 203085B. (Bienert, Thomas)
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Request |
|
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| 377 |
Filed: 4/12/2018, Entered: 4/12/2018 |
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LETTER RESPONSE in Opposition by 203085B addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated April 11, 2018 re: 307 LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 3/9/2018 re: entry of preliminary order of forfeiture and money judgment .. (Attachments: # 1 Exhibit 1 - Bank Records, # 2 Exhibit 2 - August 2011 Email, # 3 Exhibit 3 - December 2011 Email, # 4 Exhibit 4 - Summary Chart)(Bienert, Thomas)
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Request |
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| |
Filed: 4/12/2018, Entered: 4/12/2018 |
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NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to 203085B: Notice to Attorney Thomas Henry Bienert, Jr to RE-FILE Document 375 Reply Memorandum of Law in Opposition to Motion. Use the event type Response in Opposition to Motion found under the event list Replies, Opposition and Supporting Documents. (ka)
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| |
Filed: 4/11/2018, Entered: 4/12/2018 |
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Set/Reset Deadlines/Hearings as to 203085B: Motions due by 4/18/2018. (lnl)
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| 376 |
Filed: 4/11/2018, Entered: 4/12/2018 |
|
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MEMO ENDORSEMENT as to 203085B (1) granting 374 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated April 11, 2018 re: 360 MOTION for Forfeiture of Property application for post-conviction restraining order. re: Extension to File Response to Government's March 23, 2018 Application for a Post-conviction Restraining Order. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/11/2018) (lnl)
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|
Request |
|
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| 375 |
Filed: 4/11/2018, Entered: 4/11/2018 |
|
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Opposition as to 203085B re: 307 LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 3/9/2018 re: entry of preliminary order of forfeiture and money judgment . . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Bienert, Thomas) Modified on 4/12/2018 (ka).
|
|
Request |
|
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| 374 |
Filed: 4/11/2018, Entered: 4/11/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated April 11, 2018 re: 360 MOTION for Forfeiture of Property application for post-conviction restraining order. re: Extension to File Response to Government's March 23, 2018 Application for a Post-conviction Restraining Order . Document filed by 203085B. (Bienert, Thomas)
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|
Request |
|
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| |
Filed: 4/5/2018, Entered: 4/5/2018 |
|
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Set/Reset Deadlines/Hearings as to 203085B: Defendant Replies due by 4/11/2018 (jw)
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| 373 |
Filed: 4/5/2018, Entered: 4/5/2018 |
|
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MEMO ENDORSEMENT granting 372 Motion for Extension of Time as to 203085B. re: To request that he have until April 11, 2018, to file a response to the governments April 2, 2018 letter (Doc. 368) and its revised proposed preliminary order of forfeiture, as well as the government's March 23, 2018 application (Doc. 360) for a post-conviction restraining order...ENDORSEMENT..Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/5/18) (jw)
|
|
Request |
|
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| 372 |
Filed: 4/5/2018, Entered: 4/5/2018 |
|
|
MOTION for Extension of Time to file a response to government's April 2, 2018 Letter (Doc. 368) and government's March 23, 2018 application (Doc. 360). Document filed by 203085B. (Bienert, Thomas)
|
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Request |
|
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| 371 |
Filed: 4/4/2018, Entered: 4/4/2018 |
|
|
ORDER denying 365 LETTER MOTION as to 203085B (1). the Court DENIES the application for the issuance of pre-sentencing subpoenas pursuant to Rule 17(c), Fed. R. Crim. P. (Dkt. 365). So Ordered. (Signed by Judge P. Kevin Castel on 4/4/18) (jbo)
|
|
Request |
|
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| 370 |
Filed: 4/3/2018, Entered: 4/3/2018 |
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MEMO ENDORSEMENT as to 203085B on re: 369 Letter filed by 203085B. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/2/2018)(ft)
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Request |
|
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| 369 |
Filed: 4/2/2018, Entered: 4/2/2018 |
|
|
LETTER by 203085B addressed to Judge P. Kevin Castel from Andrew L. Fish dated April 2, 2018 re: Requesting time to file response to Government's letter regarding preliminary order of forfeiture (Doc 368) (Fish, Andrew)
|
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Request |
|
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| 368 |
Filed: 4/2/2018, Entered: 4/2/2018 |
|
|
LETTER REPLY TO RESPONSE to Motion by USA as to 203085B addressed to Judge P. Kevin Castel from Robert Allen dated April 2, 2018 re 307 LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 3/9/2018 re: entry of preliminary order of forfeiture and money judgment .. (Attachments: # 1 Exhibit A - Proposed Preliminary Order of Forfeiture)(Allen, Robert)
|
|
Request |
|
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| 367 |
Filed: 3/28/2018, Entered: 3/28/2018 |
|
|
LETTER by 203085B addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated March 27, 2018 re: Reply to Government's Opposition to Motion for Issuance of Rule 17(c) Subpoenas (Bienert, Thomas)
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Request |
|
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| |
Filed: 3/28/2018, Entered: 3/28/2018 |
|
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NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to 203085B: Notice to Attorney Thomas Henry Bienert, Jr to RE-FILE Document 366 Reply Memorandum of Law in Support of Motion. Use the event type Letter found under the event list Other Documents. (ka)
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| 366 |
Filed: 3/27/2018, Entered: 3/27/2018 |
|
|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Support as to 203085B re: 365 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated March 27, 2018 re: Note Regarding Stricken Document, 363 Memo Endorsement,, . . (Bienert, Thomas) Modified on 3/28/2018 (ka).
|
|
Request |
|
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| 365 |
Filed: 3/27/2018, Entered: 3/27/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated March 27, 2018 re: Note Regarding Stricken Document, 363 Memo Endorsement,, . Document filed by 203085B. (Attachments: # 1 Exhibit Motion, # 2 Exhibit Exhibit A1-A11, # 3 Exhibit Exhibit B1-B7, # 4 Exhibit Exhibit C1-C2, # 5 Exhibit Exhibit D1-D7)(Bienert, Thomas)
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Request |
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| 364 |
Filed: 3/26/2018, Entered: 3/26/2018 |
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MEMO ENDORSEMENT as to (16-Cr-746-01) 203085B on re: 362 LETTER by 203085B addressed to Judge P. Kevin Castel from Attorney Andrew L. Fish dated March 25, 2018 re: Requesting time to file opposition to Government's application for restraining order (Doc 360). ENDORSEMENT: Application granted. SO ORDERED: (Signed by Judge P. Kevin Castel on 3/26/2018)(bw)
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Request |
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| 363 |
Filed: 3/26/2018, Entered: 3/26/2018 |
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MEMO ENDORSEMENT as to (16-Cr-746-01) 203085B on re: 361 LETTER RESPONSE in Opposition by USA as to 203085B addressed to Judge P. Kevin Castel from Robert Allen dated March 23, 2018 re: 354 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated March 20, 2018 re: Rule 17 Subpoenas. ENDORSEMENT: The Clerk is directed to strike Doc. 354 without prejudice to defendant's replying in compliance with the redaction requirements of Rule 49.1(a). Fed. R. Crim. P. SO ORDERED: (Signed by Judge P. Kevin Castel on 3/26/2018)(bw)
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Request |
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| 362 |
Filed: 3/25/2018, Entered: 3/25/2018 |
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LETTER by 203085B addressed to Judge P. Kevin Castel from Andrew L. Fish dated March 25, 2018 re: Requesting time to file opposition to Government's application for restraining order (Doc 360) (Fish, Andrew)
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Request |
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| 361 |
Filed: 3/23/2018, Entered: 3/23/2018 |
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LETTER RESPONSE in Opposition by USA as to 203085B addressed to Judge P. Kevin Castel from Robert Allen dated March 23, 2018 re: 354 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated March 20, 2018 re: Rule 17 Subpoenas .. (Allen, Robert)
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Request |
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| 360 |
Filed: 3/23/2018, Entered: 3/23/2018 |
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MOTION for Forfeiture of Property application for post-conviction restraining order. Document filed by USA as to 203085B. (Attachments: # 1 Exhibit A (proposed restraining order))(Imperatore, Edward)
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Request |
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| 359 |
Filed: 3/23/2018, Entered: 3/23/2018 |
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LETTER RESPONSE to Motion by 203085B addressed to Judge P. Kevin Castel from Andrew L. Fish dated March 23, 2018 re: 307 LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 3/9/2018 re: entry of preliminary order of forfeiture and money judgment .. (Fish, Andrew)
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Request |
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| 358 |
Filed: 3/23/2018, Entered: 3/23/2018 |
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MEMO ENDORSEMENT terminating 354 LETTER MOTION To request issuance of the attached subpoenas for return prior to Mr. 203085B May 1, 2018 sentencing hearing as to 203085B..ENDORSEMENT..The government is directed to respond to the application by March 27, 2018. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/23/18) (jw)
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Request |
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| 357 |
Filed: 3/22/2018, Entered: 3/22/2018 |
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ORDER denying 352 LETTER MOTION as to 203085B (1). The Court finds that there is a danger that 203085B will commit further financial crimes if free to conduct business and thus is a danger to the community. There is also a danger that he will flee the country to a jurisdiction where it will be difficult or impossible to extradite him. The motion to reconsider is therefore DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/22/2018) (ft)
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Request |
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| 356 |
Filed: 3/22/2018, Entered: 3/22/2018 |
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MEMO ENDORSEMENT granting 353 LETTER MOTION filed by 9D2B9C8 (2), addressed to Judge P. Kevin Castel from Attorney Gordon Mehler dated March 20th, 2018 re: Travel Request. We write to request that Mr. 9D2B9C8 be allowed to travel within the continental United States. ENDORSEMENT: Application granted. SO ORDERED: (Signed by Judge P. Kevin Castel on 3/20/2018) (bw)
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Request |
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| 355 |
Filed: 3/21/2018, Entered: 3/21/2018 |
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LETTER RESPONSE to Motion by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 3/21/2018 re: 352 LETTER MOTION addressed to Judge P. Kevin Castel from William F. Johnson dated March 16, 2018 re: requesting that the Court reconsider its order revoking Mr. Bergsteins prior release on bond and remanding him into custody, and order his release p. (Imperatore, Edward)
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Request |
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| |
Filed: 3/20/2018, Entered: 3/26/2018 |
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***STRICKEN DOCUMENT. Deleted document number 354 from the case record, as to 203085B. The document was stricken from this case pursuant to 363 Memo Endorsement. (bw)
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| 353 |
Filed: 3/20/2018, Entered: 3/20/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated March 20th, 2018 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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| 352 |
Filed: 3/16/2018, Entered: 3/16/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from William F. Johnson dated March 16, 2018 re: requesting that the Court reconsider its order revoking Mr. Bergsteins prior release on bond and remanding him into custody, and order his release pending sentencing on the new terms and conditions of the bail package proposed herein (redacted) . Document filed by 203085B. (Attachments: # 1 Exhibit A - Attestation Letter (redacted), # 2 Exhibit B - Letters regarding impact on children (redacted), # 3 Exhibit C- additional letters regarding relationship with children)(Johnson, William)
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Request |
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| 351 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 3/1/18 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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Request |
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| 350 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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TRANSCRIPT of Proceedings as to 203085B re: Trial held on 3/1/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
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| 349 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/28/18 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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Request |
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| 348 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/28/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
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| 347 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/27/18 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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Request |
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| 346 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/27/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Steven Griffing, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
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| 345 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/26/18 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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Request |
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| 344 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/26/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Vincent Bologna, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
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| 343 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/23/18 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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Request |
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| 342 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/23/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
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| 341 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/22/18 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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Request |
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| 340 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/22/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
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| 339 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/21/18 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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Request |
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| 338 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/21/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
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| 337 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/20/18 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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Request |
|
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| 336 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/20/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
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| 335 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/15/18 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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Request |
|
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| 334 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/15/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
|
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| 333 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/14/18 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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Request |
|
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| 332 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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|
TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/14/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
|
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| 331 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/13/18 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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Request |
|
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| 330 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/13/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
|
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| 329 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/12/18 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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Request |
|
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| 328 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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|
TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/12/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 327 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/9/18 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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Request |
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| 326 |
Filed: 3/14/2018, Entered: 3/14/2018 |
|
|
TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/9/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
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| 325 |
Filed: 3/14/2018, Entered: 3/14/2018 |
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|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/8/18 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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Request |
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| 324 |
Filed: 3/14/2018, Entered: 3/14/2018 |
|
|
TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/8/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
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| 323 |
Filed: 3/14/2018, Entered: 3/14/2018 |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/7/18 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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Request |
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| 322 |
Filed: 3/14/2018, Entered: 3/14/2018 |
|
|
TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/7/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
|
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| 321 |
Filed: 3/14/2018, Entered: 3/14/2018 |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/6/18 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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Request |
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| 320 |
Filed: 3/14/2018, Entered: 3/14/2018 |
|
|
TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/6/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/4/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/12/2018. (McGuirk, Kelly)
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Request |
|
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| 319 |
Filed: 3/13/2018, Entered: 3/13/2018 |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Trial proceeding held on 2/5/18 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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Request |
|
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| 318 |
Filed: 3/13/2018, Entered: 3/13/2018 |
|
|
TRANSCRIPT of Proceedings as to 203085B re: Trial held on 2/5/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Pamela Utter, (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 4/3/2018. Redacted Transcript Deadline set for 4/13/2018. Release of Transcript Restriction set for 6/11/2018. (McGuirk, Kelly)
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Request |
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| 317 |
Filed: 3/13/2018, Entered: 3/13/2018 |
|
|
ORDER as to (16-Cr-746-01) 203085B. Defendant's counsel's attention is called to the Court's Individual Practices on sentencing appearing on the Court's website under the undersigned's name. Defendant's counsel should direct friends and families to send their sentencing letters to counsel who then can assemble and submit them with defendants submission rather than have them mailed to the Court piecemeal. The sentencing submissions are due two weeks before sentencing. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/13/2018)(bw)
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Request |
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| 316 |
Filed: 3/13/2018, Entered: 3/13/2018 |
|
|
NOTICE of Change of Address as to 203085B. New Address: King & Spalding LLP, 633 West Fifth St., Suite 1700, Los Angeles, CA, 90071, 213-443-4317. (Michael, Brian)
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Request |
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| 315 |
Filed: 3/13/2018, Entered: 3/13/2018 |
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MEMO ENDORSEMENT as to (16-Cr-746-1) 203085B on re: 310 LETTER MOTION filed by 203085B addressed to Judge P. Kevin Castel from Attorney Andrew L. Fish dated March 12, 2018 re: Extension of Time to File Posttrial Motions with Government's Consent. Defendant 203085B writes, with the consent of the Government, to request that the time period for the defendant to file any posttrial motions for a new trial or for a judgment of acquittal pursuant to Rules 29 and 33 of the Federal Rules of Criminal Procedure be extended to March 29, 2018. The defense agrees that the Government may have four weeks from the filing of posttrial motions to file a response. ENDORSEMENT: Proposed schedule is ADOPTED. SO ORDERED: (Signed by Judge P. Kevin Castel on 3/12/2018)(bw)
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Request |
|
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| 314 |
Filed: 3/13/2018, Entered: 3/13/2018 |
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MEMO ENDORSEMENT as to (16-Cr-746-1) 203085B on re: 308 LETTER by 203085B addressed to Judge P. Kevin Castel from Attorney Andrew L. Fish dated March 11, 2018 re: Time to Respond to Motion for Preliminary Order of Forfeiture. Defendant 203085B writes to request that he have until March 23, 2018 to respond to the Government's letter motion for a preliminary order of forfeiture (Doc. 307). ENDORSEMENT: Application granted. SO ORDERED: (Signed by Judge P. Kevin Castel on 3/12/2018)(bw)
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|
Request |
|
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| 313 |
Filed: 3/12/2018, Entered: 3/12/2018 |
|
|
NOTICE OF ATTORNEY APPEARANCE: Kyle Patrick Sheahen appearing for 203085B. Appearance Type: Retained. (Sheahen, Kyle)
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|
Request |
|
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| 312 |
Filed: 3/12/2018, Entered: 3/12/2018 |
|
|
NOTICE OF ATTORNEY APPEARANCE: Brian R Michael appearing for 203085B. Appearance Type: Retained. (Michael, Brian)
|
|
Request |
|
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| 311 |
Filed: 3/12/2018, Entered: 3/12/2018 |
|
|
NOTICE OF ATTORNEY APPEARANCE: William Farnham Johnson appearing for 203085B. Appearance Type: Retained. (Johnson, William)
|
|
Request |
|
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|
| 310 |
Filed: 3/12/2018, Entered: 3/12/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Andrew L. Fish dated March 12, 2018 re: Extension of Time to File Posttrial Motions with Government's Consent . Document filed by 203085B. (Fish, Andrew)
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Request |
|
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| |
Filed: 3/12/2018, Entered: 3/12/2018 |
|
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Set/Reset Hearings as to 203085B: Sentencing set for 5/1/2018 at 11:00 AM before Judge P. Kevin Castel. (lnl)
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| 309 |
Filed: 3/12/2018, Entered: 3/12/2018 |
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MEMO ENDORSEMENT as to 203085B (1)granting 306 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated March 7, 2018 re: Sentencing Date. ENDORSEMENT: Sentencing is set for May 1, 2018 at 11:00 a.m. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/9/2018) (lnl)
|
|
Request |
|
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|
| 308 |
Filed: 3/11/2018, Entered: 3/11/2018 |
|
|
LETTER by 203085B addressed to Judge P. Kevin Castel from Andrew L. Fish dated March 11, 2018 re: Time to Respond to Motion for Preliminary Order of Forfeiture (Fish, Andrew)
|
|
Request |
|
|
|
| 307 |
Filed: 3/9/2018, Entered: 3/9/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 3/7/2018 re: entry of preliminary order of forfeiture and money judgment . Document filed by USA as to 203085B. (Attachments: # 1 preliminary order of forfeiture)(Imperatore, Edward)
|
|
Request |
|
|
|
| 306 |
Filed: 3/7/2018, Entered: 3/7/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated March 7, 2018 re: Sentencing Date . Document filed by 203085B. (Bienert, Thomas)
|
|
Request |
|
|
|
| 305 |
Filed: 3/2/2018, Entered: 3/2/2018 |
|
|
JURY VERDICT as to 203085B (1) Guilty on Count 1,2-3,4-5,6,7. (ft)
|
|
Request |
|
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|
| |
Filed: 3/1/2018, Entered: 3/2/2018 |
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel as to 203085B; Sentencing set for 6/8/2018 at 02:00 PM before Judge P. Kevin Castel. (jw)
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|
|
|
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|
| |
Filed: 3/1/2018, Entered: 3/2/2018 |
|
|
JURY VERDICT as to 203085B (1) Guilty on Count 1,2-3,4-5,6,7. (jw)
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| |
Filed: 3/1/2018, Entered: 3/2/2018 |
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|
Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to 203085B held on 3/1/2018. Defendant 203085B is present with his attorneys Thomas Bienert, Anthony Bisconti and Andrew Fish. Carolyn Howland paralegal for defendant. AUSAs Elisha Kobre, Edward Imperatore, and Robert Allen. FBI SA Shannon Bieniek, FBI SA Joseph Strawman and IRS Agent James Kim. Paralegals Ellie Sheinwald and Sarah Emmerick for Government. Court Reporter: Pamela Utter, Vincent Bologna and Steven Griffing. Defendant Summation by Thomas Biernert. Rebuttal by AUSA Edward Imperatore. Continuation of Jury Instructions, CSO sworn, Jury deliberates. Jury verdict. The jury finds the defendant guilty on Counts 1, 2, 3, 4, 5, 6 and 7. Sentencing is set for June 8, 2018 at 2:00 p.m. Defendant is remanded into custody (jw)
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|
|
|
|
|
| 304 |
Filed: 3/1/2018, Entered: 3/1/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from E. Kobre dated 3/1/2018 re: Opposition to Defendant's Rule 29 Motion . Document filed by USA as to 203085B, 9D2B9C8. (Kobre, Elisha)
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Request |
|
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| |
Filed: 2/28/2018, Entered: 3/2/2018 |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to 203085B held on 2/28/2018. Defendant, 203085B testimony continues, defendant rests, Governments summation by Robert Allen, Jury Charge begins (jw)
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|
|
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|
|
| 302 |
Filed: 2/28/2018, Entered: 2/28/2018 |
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|
LETTER MOTION addressed to Judge P. Kevin Castel from E. Kobre dated 2/28/18 re: Jury Charge . Document filed by USA as to 203085B, 9D2B9C8. (Kobre, Elisha)
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|
Request |
|
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|
| |
Filed: 2/27/2018, Entered: 3/2/2018 |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to 203085B held on 2/27/2018. Defendant direct testimony of Robert Silverman, Michael Barnes, Evan Warshawski, Daniel Farkas, Daniel Ray. (jw)
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|
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|
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| 303 |
Filed: 2/27/2018, Entered: 2/28/2018 |
|
|
ORDER as to 203085B: Pursuant to Rule 613, Fed. R. Evid., the Court will allow the defense to offer the statement of James King, reflected in the September 21, 2016 FBI 302, that Swartz's sons-in-law "were ultimately comfortable with a consulting relationship through SIP."SO ORDERED. (Signed by Judge P. Kevin Castel on 2/27/2018) (lnl)
|
|
Request |
|
|
|
| 301 |
Filed: 2/27/2018, Entered: 2/27/2018 |
|
|
LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Robert Allen dated February 27, 2018 re: Additional Request to Charge Document filed by USA. (Allen, Robert)
|
|
Request |
|
|
|
| 300 |
Filed: 2/27/2018, Entered: 2/27/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from E. Kobre dated 2/27/2018 re: Requests to Charge . Document filed by USA as to 203085B, 9D2B9C8. (Kobre, Elisha)
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|
Request |
|
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|
| |
Filed: 2/26/2018, Entered: 3/2/2018 |
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|
Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to 203085B held on 2/26/2018. Defendant 203085B is present with his attorneys Thomas Bienert, Anthony Bisconti and Andrew Fish. Carolyn Howland paralegal for defendant. AUSAs Elisha Kobre, Edward Imperatore, and Robert Allen. FBI SA Shannon Bieniek, FBI SA Joseph Strawman and IRS Agent James Kim. Paralegals Ellie Sheinwald and Sarah Emmerick for Government. Court Reporter: Pamela Utter, Vincent Bologna and Steven Griffing (jw)
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|
|
|
|
|
| 299 |
Filed: 2/26/2018, Entered: 2/26/2018 |
|
|
LETTER by 203085B addressed to Judge P. Kevin Castel from Andrew L. Fish dated February 26, 2018 re: Further Support for Rule 29 Motion (Fish, Andrew)
|
|
Request |
|
|
|
| 298 |
Filed: 2/25/2018, Entered: 2/25/2018 |
|
|
LETTER REPLY TO RESPONSE to Motion by USA as to 203085B addressed to Judge P. Kevin Castel from Robert Allen dated February 25, 2018 re 289 LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 2/21/2018 re: preclude extrinsic evidence of prior statements .. (Allen, Robert)
|
|
Request |
|
|
|
| 297 |
Filed: 2/25/2018, Entered: 2/25/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated February 25, 2018 re: Quash the "if, as, and when" Rule 17(c) Subpoena on 203085B . Document filed by 203085B. (Attachments: # 1 Exhibit 1 - Trial Subpoena)(Bienert, Thomas)
|
|
Request |
|
|
|
| 296 |
Filed: 2/25/2018, Entered: 2/25/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Elisha Kobre dated February 26, 2018 re: Preclude Defense Summary Exhibits . Document filed by USA as to 203085B, 9D2B9C8. (Kobre, Elisha)
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|
Request |
|
|
|
| 295 |
Filed: 2/25/2018, Entered: 2/25/2018 |
|
|
LETTER by 203085B addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated February 25, 2018 re: to oppose the government's February 21, 2018 letter seeking to preclude extrinsic evidence of 9D2B9C8 prior statements (Attachments: # 1 Exhibit 1 - Transcript Excerpts)(Bienert, Thomas)
|
|
Request |
|
|
|
| 294 |
Filed: 2/25/2018, Entered: 2/25/2018 |
|
|
LETTER RESPONSE to Motion by 203085B addressed to Judge P. Kevin Castel from Andrew L. Fish dated February 25, 2018 re: 293 LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 2/24/2018 re: preclude extrinsic evidence of prior statement of James King .. (Fish, Andrew)
|
|
Request |
|
|
|
| 293 |
Filed: 2/24/2018, Entered: 2/24/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 2/24/2018 re: preclude extrinsic evidence of prior statement of James King . Document filed by USA as to 203085B. (Imperatore, Edward)
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|
Request |
|
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|
| |
Filed: 2/23/2018, Entered: 2/26/2018 |
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to 203085B held on 2/23/2018. (jw)
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|
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|
| |
Filed: 2/22/2018, Entered: 2/26/2018 |
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to 203085B held on 2/22/2018. (jw)
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|
|
|
|
|
| 292 |
Filed: 2/22/2018, Entered: 2/22/2018 |
|
|
LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 2/22/18 re: Questioned Documents Document filed by USA. (Imperatore, Edward)
|
|
Request |
|
|
|
| 291 |
Filed: 2/22/2018, Entered: 2/22/2018 |
|
|
MEMO ENDORSEMENT on Subpoena as to Evan Warshawsky. EVAN WARSHAWSKY IS ORDERED TO COMPLY FULLY AND COMPLETELY WITH THE SUBPOENA DATED FEB 15 and 20, 2018 FORTHWITH AND NO LATER THAN 2PM FEB 23, 2018 EST. FAILURE TO COMPLY IS PUNISHABLE AS CONTEMPT OF COURT. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/22/2018)(ft)
|
|
Request |
|
|
|
| 290 |
Filed: 2/22/2018, Entered: 2/22/2018 |
|
|
MEMO ENDORSEMENT on Subpoena as to Harry Simonian. HARRY SIMONIAN IS ORDERED TO COMPLY FULLY AND COMPLETELY WITH THE SUBPOENA DATED FEB 15, 2018 FORTHWITH AND NO LATER THAN 2PM FEB 23, 2018 EST. FAILURE TO COMPLY IS PUNISHABLE AS CONTEMPT OF COURT. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/22/2018)(ft)
|
|
Request |
|
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|
| |
Filed: 2/21/2018, Entered: 2/26/2018 |
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to 203085B held on 2/21/2018. (jw)
|
|
|
|
|
|
| 289 |
Filed: 2/21/2018, Entered: 2/21/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 2/21/2018 re: preclude extrinsic evidence of prior statements . Document filed by USA as to 203085B. (Imperatore, Edward)
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|
Request |
|
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|
| |
Filed: 2/20/2018, Entered: 2/26/2018 |
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to 203085B held on 2/20/2018. Defendant 203085B is present with his attorneys Thomas Bienert, Anthony Bisconti and Andrew Fish. Carolyn Howland paralegal for defendant. AUSAs Elisha Kobre, Edward Imperatore, and Robert Allen. FBI SA Shannon Bieniek, FBI SA Joseph Strawman and IRS Agent James Kim. Paralegals Ellie Sheinwald and Sarah Emmerick for Government. Court Reporter: Pamela Utter, Rose Prater and Vincent Bologna (jw)
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|
|
|
|
|
| 288 |
Filed: 2/20/2018, Entered: 2/20/2018 |
|
|
LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Robert Allen dated February 20, 2018 re: Response to Defendant's February 19, 2018 Letter (Dkt. 283) Document filed by USA. (Allen, Robert)
|
|
Request |
|
|
|
| 287 |
Filed: 2/20/2018, Entered: 2/20/2018 |
|
|
LETTER RESPONSE in Opposition by USA as to 203085B addressed to Judge P. Kevin Castel from Robert Allen dated February 20, 2018 re: 284 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated February 19, 2018 re: Disclosure of which of Defendant's present or former attorneys the Government has contacted and communicated with during its investigati. (Allen, Robert)
|
|
Request |
|
|
|
| 286 |
Filed: 2/20/2018, Entered: 2/20/2018 |
|
|
LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 2/20/18 re: jury instructions Document filed by USA. (Imperatore, Edward)
|
|
Request |
|
|
|
| 285 |
Filed: 2/20/2018, Entered: 2/20/2018 |
|
|
LETTER by 203085B addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated February 19, 2018 re: Proffered 404(b) evidence the government continues to seek to introduce at trial (Attachments: # 1 Exhibit 1 - Tax Stipulation)(Bienert, Thomas)
|
|
Request |
|
|
|
| 284 |
Filed: 2/19/2018, Entered: 2/19/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated February 19, 2018 re: Disclosure of which of Defendant's present or former attorneys the Government has contacted and communicated with during its investigation . Document filed by 203085B. (Attachments: # 1 Exhibit 1 - Jury Verdict, # 2 Exhibit 2 - Order of Suspension, # 3 Exhibit 3 - Order Granting Motions to Dismiss)(Bienert, Thomas)
|
|
Request |
|
|
|
| 283 |
Filed: 2/19/2018, Entered: 2/19/2018 |
|
|
LETTER by 203085B addressed to Judge P. Kevin Castel from Andrew L. Fish dated February 19, 2018 re: Objections to Proposed Jury Instructions (Fish, Andrew)
|
|
Request |
|
|
|
| 282 |
Filed: 2/16/2018, Entered: 2/16/2018 |
|
|
LETTER by 203085B addressed to Judge P. Kevin Castel from Andrew L. Fish dated February 16, 2018 re: Timing of Final Jury Instructions (Fish, Andrew)
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|
Request |
|
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|
| |
Filed: 2/15/2018, Entered: 2/20/2018 |
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to 203085B held on 2/15/2018. Testimony of Doug Martin, James King, Tim Wray, Albert Hallac. (jbo)
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|
|
|
|
|
| |
Filed: 2/14/2018, Entered: 2/20/2018 |
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to 203085B held on 2/14/2018. Testimony of Dr. Swartz, Jamaal King, Ian Hilton, Doug Martin. (jbo)
|
|
|
|
|
|
| 281 |
Filed: 2/14/2018, Entered: 2/14/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Andrew L. Fish dated February 14, 2018 re: Quash Trial Subpoena . Document filed by 203085B. (Attachments: # 1 Exhibit A)(Fish, Andrew)
|
|
Request |
|
|
|
| 280 |
Filed: 2/14/2018, Entered: 2/14/2018 |
|
|
LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 2/14/2018 re: assertion of Fifth Amendment privilege Document filed by USA. (Imperatore, Edward)
|
|
Request |
|
|
|
| 279 |
Filed: 2/14/2018, Entered: 2/14/2018 |
|
|
JOINT RESPONSE by USA as to 203085B, 9D2B9C8 Witness Paul Parmar's Assertion of Fifth Amendment Privilege Against Self-Incrimination. (Hoffman, Jeffrey)
|
|
Request |
|
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|
| |
Filed: 2/13/2018, Entered: 2/20/2018 |
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to 203085B held on 2/13/2018. Testimony of 9D2B9C8, Dr. Jerry Swartz. (jbo)
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|
|
|
|
|
| 278 |
Filed: 2/13/2018, Entered: 2/13/2018 |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B. Notice is hereby given that an official transcript of a Conference proceeding held on 1/25/18 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)
|
|
Request |
|
|
|
| 277 |
Filed: 2/13/2018, Entered: 2/13/2018 |
|
|
TRANSCRIPT of Proceedings as to 203085B re: Conference held on 1/25/18 before Judge P. Kevin Castel. 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 3/6/2018. Redacted Transcript Deadline set for 3/16/2018. Release of Transcript Restriction set for 5/14/2018. (McGuirk, Kelly)
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|
Request |
|
|
|
| |
Filed: 2/12/2018, Entered: 2/20/2018 |
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to 203085B held on 2/12/2018. Defendant 203085B is present with his attorneys Thomas Bienert, Anthony Bisconti and Andrew Fish. Carolyn Howland paralegal for defendant. AUSAs Elisha Kobre, Edward Imperatore, and Robert Allen. FBI SA Shannon Bieniek, FBI SA Joseph Strawman and IRS Agent James Kim. Paralegals Ellie Sheinwald and Sarah Emmerick for Government. Court Reporter: Pamela Utter and Rose Prater. Work out juror issues, court dismissed until 10:00 a.m. on 2/13/18. (jbo); Modified on 2/22/2018 (bw). Modified on 2/22/2018 (bw).
|
|
|
|
|
|
| 276 |
Filed: 2/12/2018, Entered: 2/12/2018 |
|
|
LETTER by 203085B addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated February 12, 2018 (Bienert, Thomas)
|
|
Request |
|
|
|
| 275 |
Filed: 2/12/2018, Entered: 2/12/2018 |
|
|
LETTER by 203085B addressed to Judge P. Kevin Castel from Andrew L. Fish dated February 12, 2018 re: Cross-examination of Jerry Swartz (Fish, Andrew)
|
|
Request |
|
|
|
| 274 |
Filed: 2/12/2018, Entered: 2/12/2018 |
|
|
ORDER as to 203085B: Excluded from the travel restrictions on Mr. 203085B are the Eastern District of New York and the District of New Jersey. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/12/2018) (lnl)
|
|
Request |
|
|
|
| |
Filed: 2/12/2018, Entered: 2/12/2018 |
|
|
NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to 203085B: Notice to Attorney Thomas Henry Bienert, Jr. to RE-FILE Document 271 Reply Memorandum of Law in Opposition to Motion. Use the event type Letter found under the event list Other Documents. (ka)
|
|
|
|
|
|
| 273 |
Filed: 2/12/2018, Entered: 2/12/2018 |
|
|
DECLARATION of Harry Simonian in Opposition as to 203085B re: 268 LETTER MOTION addressed to Judge P. Kevin Castel from Robert Allen dated February 9, 2018 re: to Preclude and for an Evidentiary Hearing .. (Attachments: # 1 Exhibit 1 - Invoices)(Bienert, Thomas)
|
|
Request |
|
|
|
| 272 |
Filed: 2/12/2018, Entered: 2/12/2018 |
|
|
DECLARATION of Evan Warshawsky in Opposition as to 203085B re: 268 LETTER MOTION addressed to Judge P. Kevin Castel from Robert Allen dated February 9, 2018 re: to Preclude and for an Evidentiary Hearing .. (Attachments: # 1 Exhibit 1 - Invoices)(Bienert, Thomas)
|
|
Request |
|
|
|
| 271 |
Filed: 2/12/2018, Entered: 2/12/2018 |
|
|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Opposition as to 203085B re: 268 LETTER MOTION addressed to Judge P. Kevin Castel from Robert Allen dated February 9, 2018 re: to Preclude and for an Evidentiary Hearing . . (Attachments: # 1 Exhibit 1 - Settlement Agreement, # 2 Exhibit 2 - Declaration of Todd Stefan, # 3 Exhibit 3 - Findings of Fact re Order on MTD, # 4 Exhibit 4 - Declaration of Parmar, # 5 Exhibit 5 - Declaration of Mitchell Greene, # 6 Exhibit 6 - August 20, 2013 Email, # 7 Exhibit 7 - Hearing Transcript, # 8 Exhibit 8 - October 19, 2016 Email, # 9 Exhibit 9 - October 11, 2016 Email, # 10 Exhibit 10 - Rule 16 Production Letter)(Bienert, Thomas) Modified on 2/12/2018 (ka).
|
|
Request |
|
|
|
| 270 |
Filed: 2/9/2018, Entered: 2/9/2018 |
|
|
MEMO ENDORSEMENT as to 203085B, 9D2B9C8 on re: 268 LETTER MOTION addressed to Judge P. Kevin Castel from Robert Allen dated February 9, 2018 re: to Preclude and for an Evidentiary Hearing filed by USA. ENDORSEMENT: 203085B is ordered to produce the items in the 5 bullet points on page 23 of the government's letter of February 9, 2018 as to all documents in footnote 2 of the letter of February 9, as well as DX-B002, DX NO11, DXNO12 and DXV005 by February 13, 2018 at 5pm. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/9/2018)(ft)
|
|
Request |
|
|
|
| 269 |
Filed: 2/9/2018, Entered: 2/9/2018 |
|
|
ENDORSED LETTER as to 203085B addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated 2/8/2018 re: Travel Request. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/9/2018)(ft)
|
|
Request |
|
|
|
| 268 |
Filed: 2/9/2018, Entered: 2/9/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Robert Allen dated February 9, 2018 re: to Preclude and for an Evidentiary Hearing . Document filed by USA as to 203085B. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit I, # 7 Exhibit J, # 8 Exhibit K, # 9 Exhibit L, # 10 Exhibit M, # 11 Exhibit N, # 12 Exhibit O, # 13 Exhibit P, # 14 Exhibit Q, # 15 Exhibit R, # 16 Exhibit S, # 17 Exhibit T, # 18 Exhibit U, # 19 Exhibit V, # 20 Exhibit W, # 21 Exhibit X, # 22 Exhibit Y, # 23 Exhibit Z, # 24 Exhibit AA, # 25 Exhibit BB)(Allen, Robert)
|
|
Request |
|
|
|
| |
Filed: 2/8/2018, Entered: 2/12/2018 |
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to 203085B held on 2/8/2018. Direct testimony of 9D2B9C8 continues. (jbo)
|
|
|
|
|
|
| 267 |
Filed: 2/8/2018, Entered: 2/8/2018 |
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MEMORANDUM OF LAW by 203085B Brief re Witness Paul Parmar's Assertion of Fifth Amendment Privilege Against Self-Incrimination. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Bienert, Thomas)
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Request |
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| 266 |
Filed: 2/8/2018, Entered: 2/8/2018 |
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Order to Appear as to 203085B, 9D2B9C8. Document represents an ORDER to Mohmmed Sylla to appear in Courtroom 11D at 3:00 PM on February 9, 2018 and for the U. S. Marshall to serve this order on that person. The order is as a result of the failure of Mohmmed Sylla to appear at the trial of the action which is the subject of case number 16cr746. (jm)
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Request |
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Filed: 2/7/2018, Entered: 2/12/2018 |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to 203085B held on 2/7/2018. Direct testimony of 9D2B9C8 continues. (jbo)
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Filed: 2/6/2018, Entered: 2/12/2018 |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to 203085B held on 2/6/2018. Opening statement Government by Elisha Kobre. Opening statement Defendant by Thomas Bienert. Direct Testimony of 9D2B9C8. (jbo)
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Filed: 2/6/2018, Entered: 2/6/2018 |
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***DELETED DOCUMENT. Deleted document number 266. ORDER, as to 203085B. The document was incorrectly filed in this case. (bw)
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Filed: 2/5/2018, Entered: 2/12/2018 |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to 203085B held on 2/5/2018. Defendant 203085B is present with his attorneys Thomas Bienert, Anthony Bisconti and Andrew Fish. Carolyn Howland paralegal for defendant. AUSAs Elisha Kobre, Edward Imperatore, and Robert Allen. FBI SA Shannon Bieniek, FBI SA Joseph Strawman and IRS Agent James Kim. Paralegals Ellie Sheinwald and Sarah Emmerick for Government. Court Reporter: Vincent Bologna and Pamela Utter. Conference re legal issues. Qualification Oath, Jury Selection. Jury Empaneled. Selection Oath. Preliminary Instructions. (jbo); Modified on 2/22/2018 (bw).
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Filed: 2/5/2018, Entered: 2/12/2018 |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Selection as to 203085B held on 2/5/2018. (jbo)
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Filed: 2/5/2018, Entered: 2/12/2018 |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Voir Dire held on 2/5/2018 as to 203085B. (jbo)
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| 265 |
Filed: 2/4/2018, Entered: 2/4/2018 |
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LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 2/4/2018 re: opposition to motion to quash trial subpoena Document filed by USA. (Attachments: # 1 Exhibit A)(Imperatore, Edward)
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Request |
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| 264 |
Filed: 2/4/2018, Entered: 2/4/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 2/4/2018 re: exclude hearsay statements . Document filed by USA as to 203085B. (Attachments: # 1 Exhibit A)(Imperatore, Edward)
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Request |
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| 263 |
Filed: 2/4/2018, Entered: 2/4/2018 |
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LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 2/4/2018 re: opposition to motion for reconsideration Document filed by USA. (Imperatore, Edward)
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Request |
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| 262 |
Filed: 2/2/2018, Entered: 2/2/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated 2/2/2018 re: Quash the Trial Subpoena Served on Robert Gosart of Gaynor Umanoff, LLP . Document filed by 203085B. (Attachments: # 1 Exhibit 1 - Hochman Gaynor Kovel Agreement, # 2 Exhibit 2 - Gosart Trial Subpoena)(Bienert, Thomas)
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Request |
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| 261 |
Filed: 2/2/2018, Entered: 2/2/2018 |
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LETTER RESPONSE to Motion by 203085B addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated February 2, 2018 re: 257 LETTER MOTION addressed to Judge P. Kevin Castel from Robert Allen dated January 31, 2018 re: Motions in Limine to (1) admit portions of deposition; (2) preclude evidence of civil lawsuits; and (3) preclude admission of a recording.. (Attachments: # 1 Exhibit 1)(Bienert, Thomas)
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Request |
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| 260 |
Filed: 2/1/2018, Entered: 2/1/2018 |
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ORDER as to 203085B. On January 2, 2018, the Court quashed a subpoena duces tecum issued at the request of defendant 203085B pursuant to Rule 17(c), Fed. R. Crim. P., that sought production from Paul Parmar, a non-party and sometime government informant. (Dkt. 188). The Court subsequently reserved its decision as to 203085B application for a new subpoena directed to Parmar (the "Second Subpoena to Parmar"). (Dkt. 227). For the reasons that will be explained, the Court authorizes issuance of a modified Second Subpoena to Parmar.....[See this Order]... CONCLUSION: For the reasons set forth above, the Court authorizes the issuance of a modified subpoena under Rule 17(c), Fed. R. Crim. P., to Paul Parmar, pursuant to which defendant 203085B may require Parmar to produce the agreements referenced in proposed Requests 2 and 3 and the bank records sought in proposed Request 5. The Court otherwise declines to authorize a Rule 17(c) subpoena to Parmar. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/31/2018)(bw)
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Request |
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| 259 |
Filed: 2/1/2018, Entered: 2/1/2018 |
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LETTER by 203085B addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated January 31, 2018 re: Supplemental list of names, entities, and locations (Bienert, Thomas)
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Request |
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| 258 |
Filed: 1/31/2018, Entered: 1/31/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated January 31, 2018 re: Reconsideration . Document filed by 203085B. (Bienert, Thomas)
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Request |
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| 257 |
Filed: 1/31/2018, Entered: 1/31/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Robert Allen dated January 31, 2018 re: Motions in Limine to (1) admit portions of deposition; (2) preclude evidence of civil lawsuits; and (3) preclude admission of a recording. Document filed by USA as to 203085B. (Attachments: # 1 Exhibit A)(Allen, Robert)
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Request |
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| 256 |
Filed: 1/31/2018, Entered: 1/31/2018 |
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LETTER by 203085B addressed to Judge P. Kevin Castel from Andrew Fish and Thomas Bienert dated January 31, 2018 re: Response to the Government's January 30, 2018 letter [DKT 254] (Fish, Andrew)
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Request |
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| 255 |
Filed: 1/30/2018, Entered: 1/30/2018 |
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LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 1/30/18 re: list of names and places Document filed by USA. (Imperatore, Edward)
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Request |
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| 254 |
Filed: 1/30/2018, Entered: 1/30/2018 |
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LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Edward Imperatore dated 1/30/18 re: admission of recorded calls Document filed by USA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Imperatore, Edward)
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Request |
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| 253 |
Filed: 1/29/2018, Entered: 1/29/2018 |
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LETTER RESPONSE in Opposition by USA as to 203085B addressed to Judge P. Kevin Castel from Robert Allen dated January 29, 2018 re: 251 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated January 29, 2018 re: to Exclude Evidence of Gambling or the Payment of Gambling Debts .. (Allen, Robert)
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Request |
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| 252 |
Filed: 1/29/2018, Entered: 1/29/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Robert Allen dated January 29, 2018 re: Motion to Quash Renewed Subpoena . Document filed by USA as to 203085B. (Allen, Robert)
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Request |
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| 251 |
Filed: 1/29/2018, Entered: 1/29/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated January 29, 2018 re: to Exclude Evidence of Gambling or the Payment of Gambling Debts . Document filed by 203085B. (Bisconti, Anthony)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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Filed: 1/29/2018, Entered: 1/29/2018 |
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NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to 203085B: Notice to Attorney Anthony Ray Bisconti to RE-FILE Document 250 MOTION in Limine to Exclude Evidence of Gambling or the Payment of Gambling Debts. Use the event type Letter Motion found under the event list Motions. (ka)
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| 250 |
Filed: 1/29/2018, Entered: 1/29/2018 |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine to Exclude Evidence of Gambling or the Payment of Gambling Debts. Document filed by 203085B. (Bisconti, Anthony) Modified on 1/29/2018 (ka).
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Request |
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| 249 |
Filed: 1/26/2018, Entered: 1/26/2018 |
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ORDER FOR ADMISSION PRO HAC VICEgranting 245 Motion for Kenneth M. Miller to Appear Pro Hac Vice as to 203085B (1). (Signed by Judge P. Kevin Castel on 1/24/2018) (lnl)
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Request |
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| 248 |
Filed: 1/26/2018, Entered: 1/26/2018 |
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ORDER as to 203085B: For the reasons stated in open court at the January 25, 2018 Final Pretrial Conference, non-party Weston Capital Partners Master Fund II, Ltd. need not produce the Pooling and Cooperation Agreement referenced in this Court's Order dated January 24, 2018. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/25/2018) (lnl)
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Request |
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Filed: 1/25/2018, Entered: 1/29/2018 |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Pretrial Conference as to 203085B held on 1/25/2018. Defendant 203085B is present with his attorneys Thomas Bienert, Andrew Fish and Kenneth Miller. AUSAs Edward Imperatore, Robert Allen and Elisha Kobre, present. Also present are Shannon Bieniek, FBI Special Agent. Court rules on all motions, including motions in limine. See transcript. Defendants bail conditions continue (jw)
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| 247 |
Filed: 1/25/2018, Entered: 1/25/2018 |
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LETTER by Weston Capital Partners Master Fund II and Karen Balmer (as director) as to 203085B addressed to Judge P. Kevin Castel from Attorney Eugene R. Licker dated January 24, 2018 re: We represent non-parties Weston Capital Partners Master Fund II, Ltd. ("PII") and Karen Balmer, in her capacity as director of PII ("Balmer," and collectively with PII, "Movants"). We have received, and of course respect, your Honor's ruling on Movants' motions to quash and will provide the documents sought by the Rule 17 subpoena, as modified by your Honor, forthwith. We write to address the fourth request, seeking a copy of the Pooling and Cooperation Agreement ("PCA"). (bw)
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Request |
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| 246 |
Filed: 1/25/2018, Entered: 1/25/2018 |
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SEALED DOCUMENT placed in vault. (mps)
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Filed: 1/25/2018, Entered: 1/25/2018 |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 245 MOTION for Kenneth Morely Miller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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| 245 |
Filed: 1/25/2018, Entered: 1/25/2018 |
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MOTION for Kenneth Morely Miller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 203085B. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing, # 2 Exhibit 2 - Order on Motion, # 3 Affidavit of Kenneth M. Miller)(Bienert, Thomas)
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Request |
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Filed: 1/25/2018, Entered: 1/25/2018 |
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice as to 203085B to RE-FILE Document No. 243 MOTION for Kenneth Morely Miller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Missing the Motion for Pro Hac Vice;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
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| 244 |
Filed: 1/24/2018, Entered: 1/24/2018 |
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LETTER RESPONSE in Opposition by USA as to 203085B addressed to Judge P. Kevin Castel from Robert Allen dated January 24, 2018 re: 236 LETTER MOTION addressed to Judge P. Kevin Castel from Andrew Fish and Thomas Bienert dated January 23, 2018 re: Production of Documents subject to the Protective Order .. (Allen, Robert)
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Request |
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| 243 |
Filed: 1/24/2018, Entered: 1/24/2018 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kenneth Morely Miller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 203085B. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing, # 2 Exhibit 2 - Affidavit of Kenneth M. Miller, # 3 Exhibit 3 - Order on Motion)(Bienert, Thomas) Modified on 1/25/2018 (wb).
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Request |
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Filed: 1/24/2018, Entered: 1/24/2018 |
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice as to 203085B, 9D2B9C8 to RE-FILE Document No. 242 MOTION for Kenneth Morely Miller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit cannot be electronically signed by an attorney using another attorney's ECF credentials. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc)
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| 242 |
Filed: 1/24/2018, Entered: 1/24/2018 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kenneth Morely Miller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 203085B. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing, # 2 Exhibit 2 - Affidavit of Kenneth M. Miller, # 3 Exhibit 3 - Order on Motion)(Bienert, Thomas) Modified on 1/24/2018 (jc).
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Request |
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Filed: 1/24/2018, Entered: 1/24/2018 |
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice as to 203085B to RE-FILE Document No. 241 MOTION for Kenneth Morely Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14615154. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Attorney Affidavit or Declaration - see Local Rule 1.3. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit or Declaration - attach Proposed Order. (jc)
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| 241 |
Filed: 1/24/2018, Entered: 1/24/2018 |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kenneth Morely Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14615154. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by 203085B. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing, # 2 Exhibit 2 - Order on Motion)(Bienert, Thomas) Modified on 1/24/2018 (jc).
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Request |
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| 240 |
Filed: 1/24/2018, Entered: 1/24/2018 |
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ORDER as to 203085B. Non-party Weston Capital Partners Master Fund II, Ltd. (the "P2 Fund") moves to quash a subpoena issued to defendant 203085B pursuant to Rule 17(c), Fed. R. Crim. P, and directed to the P2 Fund (the "P2 Subpoena"). (Dkts. 203, 205 Ex. G). For the reasons that will be explained, the Court denies the P2 Fund's motion to quash the P2 Subpoena and modifies the P2 Subpoena. All other requested relief is denied.......[See this Order]... CONCLUSION: For the reasons set forth above, the Court DENIES the motion to quash the P2 Subpoena. (Dkt. 203). The P2 Fund shall comply with the P2 Subpoena (Dkt. 205 Ex. G) as modified by the Court forthwith. All other requested relief is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/24/2018)(bw)
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Request |
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| 239 |
Filed: 1/23/2018, Entered: 1/23/2018 |
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RESPONSE in Opposition by USA as to 203085B re: 232 MOTION to Dismiss counts two through five of the Indictment for failure to state a criminal offense and strike count one as surplusage.. (Allen, Robert)
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Request |
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| 238 |
Filed: 1/23/2018, Entered: 1/23/2018 |
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LETTER by USA as to 203085B addressed to Judge P. Kevin Castel from Robert Allen dated January 23, 2018 re: Reply to Defendant's January 22, 2018 Supplement to Opposition to Government's Motions in Limine Document filed by USA. (Allen, Robert)
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Request |
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| 237 |
Filed: 1/23/2018, Entered: 1/23/2018 |
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PRB Bond Entered as to 9D2B9C8 in amount of $ 500,000.00. $500,000 PERSONAL RECOGNIZANCE BOND; TO BE COSIGNED BY TWO FINANCIALLY RESPONSIBLE PERSONS; DEFT IS TO SECURE $200,000 CASH, ASSETS OR PROPERTY; TRAVEL RESTRICTED TO SDNY/EDNY/NDNY/DCT; TEMPORARY ADDITIONAL TRAVEL UPON CONSENT OF AUSA AND APPROVAL OF PRETRIAL SERVICES; SURRENDER TRAVEL DOCUMENTS AND NO NEW APPLICATIONS; PRETRIAL SUPERVISION AS DIRECTED BY PRETRIAL SERVICES; DEFT TO BE RELEASED ON OWN SIGNATURE; PLUS COSIGNERS BY 11/16/16; SECURITY BY 11/23/16; LAURIE STANZIALE, DEFT'S PARTNER IS TO SERVE AS THIRD PARTY CUSTODIAN; DEFT CAN REQUESTS TO TRAVEL TO FLORIDA FOR PURPOSES OF VISITING MOTHER. (ft)
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Request |
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| 236 |
Filed: 1/23/2018, Entered: 1/23/2018 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Andrew Fish and Thomas Bienert dated January 23, 2018 re: Production of Documents subject to the Protective Order . Document filed by 203085B as to 203085B, 9D2B9C8. (Attachments: # 1 Exhibit A- December 19, 2016 Discovery Letter, # 2 Exhibit B- January 4, 2017 Letter, # 3 Exhibit C- January 16, 2018 Letter, # 4 Exhibit D- January 18, 2018 Letter)(Fish, Andrew)
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Request |
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| 235 |
Filed: 1/23/2018, Entered: 1/23/2018 |
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STIPULATION AND ORDER as to 203085B: that: (1) Defense counsel must destroy or return to the Government all 3500 material (including all copies), at the conclusion of the trial of this matter, or, if the defendant seeks to appeal or collaterally challenge a conviction, within one year after the judgment becomes final. (2) Defense counsel must return to the Government all 3500 material (including all copies), in the event that there is an adjournment longer than two weeks of the anticipated trial date of February 5, 2017; (3) Defense counsel is precluded from disseminating any 3500 material (and any copies) to anyone beyond the defendant, defense counsel, any paralegal or staff employed by the defense, and any expert witness retained by the defense, which individuals are in turn prohibited from disseminating the materials to other parties; and (4) 3500 material will only be used in connection with the above-captioned case and any appeal of or collateral challenges to a conviction in the above-captioned case. To the extent defense counsel seeks to attach 3500 material to judicial filings in any such matters, defense counsel will request that 3500 materials be filed under seal. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/22/2018) (lnl)
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| 234 |
Filed: 1/23/2018, Entered: 1/23/2018 |
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ENDORSED LETTER as to 203085B addressed to Judge P. Kevin Castel from Karen K. Balmer, dated 1/22/2018, re: Karen K. Balmer writes: As you know, I have served as a director of Weston Capital Partners II Master Fund Ltd., which is now in voluntary liquidation in the Cayman Islands. In that capacity, I have been subpoenaed for testimony in the above referenced case. We have moved to quash the subpoena, and I will not repeat those arguments here. Rather, I take this opportunity to place before you, for your in camera review, facts which I hope you will agree establish that requiring my presence in New York for this trial would work a hardship. ENDORSEMENT: The application of Karen Balmer is denied. The Court appreciates the difficult and fragile circumstances of family members living in Charleston, West Virginia, but Ms. Balmer resides near Danbury, Conecticut, and Mr. 203085B has represented that there will be no need for an appearance until Ms. Balmer is actually needed at trial. Ms. Balmer has no obligation to speak with Mr. 203085B counsel prior to trial. That is entirely her choice. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/22/2018) (lnl)
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Request |
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| 233 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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MEMORANDUM in Support by 203085B re 232 MOTION to Dismiss counts two through five of the Indictment for failure to state a criminal offense and strike count one as surplusage.. (Bienert, Thomas)
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Request |
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| 232 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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MOTION to Dismiss counts two through five of the Indictment for failure to state a criminal offense and strike count one as surplusage. Document filed by 203085B. (Bienert, Thomas)
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Request |
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| 231 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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MEMORANDUM in Opposition by 203085B re 172 MOTION in Limine .. (Supplement to Opposition) (Bienert, Thomas)
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Request |
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| 230 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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REPLY TO RESPONSE to Motion by 203085B re 196 MOTION in Limine to Exclude Evidence and Argument Regarding Money Laundering.. (Bienert, Thomas)
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Request |
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| 229 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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CONSENT LETTER MOTION addressed to Judge P. Kevin Castel from Edward Imperatore dated 1/22/2018 re: entry of 3500 protective order . Document filed by USA as to 203085B. (Attachments: # 1 proposed order)(Imperatore, Edward)
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Request |
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| 228 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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ORDER denying 210 Motion to Compel and quashing subpoena as to 203085B (1); denying 210 LETTER MOTION Defendant 203085B has twice applied to this Court for subpoenas duces tecum under Rule 17(c), Fed. R. Crim. P., (Dkts. 98, 202). Applying United States v. Nixon, 418 U.S. 683 (1974), the Court quashed the first subpoena (the First Subpoena to Hallac) and denied the application for issuance of the second subpoena (the Second Subpoena to Hallac). For the reasons set forth above, the Court DENIES Bersgteins motion to compel compliance with the Weston Subpoena and QUASHES the Weston Subpoena. (Signed by Judge P. Kevin Castel on 1/22/18) (jw)
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Request |
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| |
Filed: 1/22/2018, Entered: 1/22/2018 |
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Set/Reset Deadlines/Hearings as to 203085B: Pretrial Conference set for 1/25/2018 at 02:15 PM before Judge P. Kevin Castel. (lnl)
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| 227 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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ORDER as to 203085B: For the reasons set forth above, the Court declines to authorize issuance of subpoenas under Rule 17(c), Fed. R. Crim. P., to Albert Hallac and 9D2B9C8. (Dkt. 202). The Court declines to authorize issuance of a Rule 17(c) subpoena to Paul Parmar with respect to Requests 1, 4, 6, and 8. 203085B may make the above-described submission to the Court regarding Requests 2, 3, 5, and 7 of the proposed Rule 17(c) subpoena to Parmar by January 25, 2018 at 10:00 a.m. The Court reserves decision on Requests 2, 3, 5, and 7 until the Final Pretrial Conference on January 25, 2018 at 2:15 p.m. (Signed by Judge P. Kevin Castel on 1/22/2018) (lnl)
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Request |
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| 226 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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REPLY MEMORANDUM OF LAW in Support by Weston Capital Partners Master Fund II and Karen Balmer (as director) as to 203085B re: 203 MOTION to Quash Subpoenas (jw)
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Request |
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| 225 |
Filed: 1/22/2018, Entered: 1/22/2018 |
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NON-PARTY ALBERT HALLAC'S MEMORANDUM OF LAW (1) IN OPPOSITIONTO DEFENDANT 203085B LETTER-MOTION COMPELLINGWESTON CAPITAL ASSET MANAGEMENT LLC'S COMPLIANCE WITH RULE 17 SUBPOENA AND (2) CROSS-MOVES TO QUASH THE SUBPOENA by (Non-Party) Albert Hallac. (lnl)
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Request |
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| 224 |
Filed: 1/19/2018, Entered: 1/19/2018 |
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RESPONSE in Opposition by USA as to 203085B re: 196 MOTION in Limine to Exclude Evidence and Argument Regarding Money Laundering.. (Allen, Robert)
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Request |
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| 223 |
Filed: 1/19/2018, Entered: 1/19/2018 |
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REPLY MEMORANDUM OF LAW in Support by USA as to 203085B re: 172 MOTION in Limine . . (Allen, Robert)
|
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Request |
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| 222 |
Filed: 1/19/2018, Entered: 1/19/2018 |
|
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NOTICE of Appearance of Non-party as to 203085B, 9D2B9C8 (Albanese, Joseph)
|
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Request |
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| 221 |
Filed: 1/19/2018, Entered: 1/19/2018 |
|
|
LETTER by 203085B addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated 1/19/2018 re: Response to Court Order re Weston Capital (Attachments: # 1 Exhibit 1 - Entity Detail (DE Secretary of State), # 2 Exhibit 2 - Annual Report (FL Secretary of State), # 3 Exhibit 3 - Albanese Affirmation, # 4 Exhibit 4 - Gilmore Affirmation)(Bisconti, Anthony)
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Request |
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| |
Filed: 1/19/2018, Entered: 1/19/2018 |
|
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NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to 203085B: Notice to Attorney Anthony Ray Bisconti to RE-FILE Document 220 Response. Use the event type Letter found under the event list Other Documents. (ka)
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| 220 |
Filed: 1/19/2018, Entered: 1/19/2018 |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE by 203085B re: 218 Order,, . (Attachments: # 1 Exhibit 1 = Entity Detail (DE Secretary of State), # 2 Exhibit 2 - Annual Report (FL Secretary of State), # 3 Exhibit 3 - Albanese Affirmation, # 4 Exhibit 4 - Gilmore Affirmation)(Bisconti, Anthony) Modified on 1/19/2018 (ka).
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Request |
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| 219 |
Filed: 1/19/2018, Entered: 1/19/2018 |
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MEMO ENDORSEMENT granting 217 LETTER MOTION filed by 9D2B9C8 (2), addressed to Judge P. Kevin Castel from Attorney Gordon Mehler dated January 18, 2018 re: Passport Renewal Request. ENDORSEMENT: Application granted on conditions outlined in Jan. 18, 2018 letter. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/19/2018) (bw)
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Request |
|
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| 218 |
Filed: 1/18/2018, Entered: 1/18/2018 |
|
|
ORDER as to 203085B. 203085B should address the following in a submission to the Court to be filed by January 19, 2018 at 5 p.m.: 1. Was Weston Capital Asset Management, LLC ("Weston") an incorporated entity on the date of service of the Rule 17(c) subpoena directed to Weston (referenced in Dkt. 210) (the "Weston Subpoena")? 2. Was Albert Hallac an officer, director, or managing agent of Weston on the date of service of the Weston Subpoena? 3. If Weston was not an incorporated entity on the day of service of the Weston Subpoena, was it a sole proprietorship or assumed trade name for Hallac? SO ORDERED. (Signed by Judge P. Kevin Castel on 1/18/2018)(bw)
|
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Request |
|
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| 217 |
Filed: 1/18/2018, Entered: 1/18/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated January 18, 2018 re: Passport Renewal Request . Document filed by 9D2B9C8. (Mehler, Gordon)
|
|
Request |
|
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| 216 |
Filed: 1/17/2018, Entered: 1/17/2018 |
|
|
SEALED DOCUMENT placed in vault. (rz)
|
|
|
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|
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| 215 |
Filed: 1/17/2018, Entered: 1/17/2018 |
|
|
LETTER RESPONSE in Opposition by USA as to 203085B addressed to Judge P. Kevin Castel from Robert Allen dated January 17, 2018 re: 210 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated January 16, 2018 re: Order Compelling Compliance with Rule 17(c) Subpoena .. (Allen, Robert)
|
|
Request |
|
|
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| 214 |
Filed: 1/17/2018, Entered: 1/17/2018 |
|
|
MEMO ENDORSEMENT as to (16-Cr-746-1) 203085B on re: 210 LETTER MOTION filed by 203085B addressed to Judge P. Kevin Castel from Attorney Thomas H. Bienert, Jr., Attorney Andrew L. Fish, dated January 16, 2018 re: Request for Order Compelling Compliance with Rule 17(c) Subpoena. ENDORSEMENT: Weston shall respond to 203085B motion to compel by Jan. 19, 2018 at 5 pm. 203085B shall serve this Order on Weston forthwith. SO ORDERED: (Signed by Judge P. Kevin Castel on 1/17/2018)(bw)
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|
Request |
|
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| 213 |
Filed: 1/17/2018, Entered: 1/17/2018 |
|
|
MEMO ENDORSEMENT as to (16-Cr-746-1) 203085B on re: 206 LETTER RESPONSE to Motion by 203085B addressed to Judge P. Kevin Castel from Attorney Anthony R. Bisconti dated January 12, 2018 re: 203 MOTION to Quash. ENDORSEMENT: Any reply to the motion by Weston Capital Partners Master Fund II, Ltd. and Karen Balmer shall be filed by Jan. 22, 2018 at noon. The Court will take the motion on submission unless otherwise ordered by this Court. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/17/2018)(bw)
|
|
Request |
|
|
|
| 212 |
Filed: 1/16/2018, Entered: 1/16/2018 |
|
|
MEMORANDUM in Opposition by 203085B re 203 MOTION to Quash.. (Attachments: # 1 Exhibit 1 - Supreme Court of New York Decision and Order, # 2 Exhibit 2 - December 4, 2017 Letter from Government)(Bienert, Thomas)
|
|
Request |
|
|
|
| 211 |
Filed: 1/16/2018, Entered: 1/16/2018 |
|
|
SEALED DOCUMENT placed in vault. (mps)
|
|
|
|
|
|
| 210 |
Filed: 1/16/2018, Entered: 1/16/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated January 16, 2018 re: Order Compelling Compliance with Rule 17(c) Subpoena . Document filed by 203085B. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Bienert, Thomas)
|
|
Request |
|
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|
| 209 |
Filed: 1/16/2018, Entered: 1/16/2018 |
|
|
ORDER as to 203085B: I have an ex parte letter from Mr. 203085B lawyer. Mr. 203085B is free to file an application for the issuance of trial subpoenas for documents and things pursuant to Rule 17(c), Fed. R. Crim. P., and do so in a sealed submission to the Court that annexes the proposed subpoena. The application shall be filed forthwith. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/16/2018) (lnl)
|
|
Request |
|
|
|
| 208 |
Filed: 1/16/2018, Entered: 1/16/2018 |
|
|
LETTER REPLY TO RESPONSE to Motion by 203085B addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated January 15, 2018 re 202 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated January 10, 2018 re: The issuance of 2 subpoenas duces tecum .. (Bienert, Thomas)
|
|
Request |
|
|
|
| 207 |
Filed: 1/14/2018, Entered: 1/14/2018 |
|
|
LETTER RESPONSE in Opposition by USA as to 203085B addressed to Judge P. Kevin Castel from Robert Allen dated January 14, 2018 re: 202 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated January 10, 2018 re: The issuance of 2 subpoenas duces tecum .. (Allen, Robert)
|
|
Request |
|
|
|
| 206 |
Filed: 1/12/2018, Entered: 1/12/2018 |
|
|
LETTER RESPONSE to Motion by 203085B addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated January 12, 2018 re: 203 MOTION to Quash.. (Bisconti, Anthony)
|
|
Request |
|
|
|
| 205 |
Filed: 1/12/2018, Entered: 1/12/2018 |
|
|
DECLARATION of Eugene R. Licker by Weston Capital Partners Master Fund II and Karen Balmer (as director) as to 203085B. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(jw)
|
|
Request |
|
|
|
| 204 |
Filed: 1/12/2018, Entered: 1/12/2018 |
|
|
MEMORANDUM in Support by Weston Capital Partners Master Fund II and Karen Balmer (as director) as to 203085B re 203 MOTION to Quash Subpoenas (jw)
|
|
Request |
|
|
|
| 203 |
Filed: 1/12/2018, Entered: 1/12/2018 |
|
|
MOTION to Quash Subpoenas Document filed by Weston Capital Partners Master Fund II and Karen Balmer (as director) as to 203085B. (jw)
|
|
Request |
|
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|
| 202 |
Filed: 1/10/2018, Entered: 1/10/2018 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated January 10, 2018 re: The issuance of 2 subpoenas duces tecum . Document filed by 203085B. (Attachments: # 1 Exhibit 1 - Subpoena to Albert Hallac, # 2 Exhibit 2 - Subpoena to 9D2B9C8, # 3 Exhibit 3 - March 2, 2015 Email, # 4 Exhibit 4 - January 5, 2018 Email)(Bienert, Thomas)
|
|
Request |
|
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|
| 201 |
Filed: 1/10/2018, Entered: 1/10/2018 |
|
|
ORDER as to 203085B. So much of defendants proposed motion for a Rule 17(c) subpoena as accuses the government of misstatements, inaccurate statements or other misconduct as a basis for the motion should be filed on the public docket. Any other portion disclosing trial strategy may be filed under seal. (Signed by Judge P. Kevin Castel on 1/10/18)(jw)
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|
|
|
|
|
| 200 |
Filed: 1/8/2018, Entered: 1/8/2018 |
|
|
Request To Charge by 203085B. (Bienert, Thomas)
|
|
Request |
|
|
|
| 199 |
Filed: 1/8/2018, Entered: 1/8/2018 |
|
|
RESPONSE by 203085B re: 171 Request to Charge filed by USA . (Bienert, Thomas)
|
|
Request |
|
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|
| 198 |
Filed: 1/8/2018, Entered: 1/8/2018 |
|
|
Proposed Voir Dire Questions by 203085B. (Bienert, Thomas)
|
|
Request |
|
|
|
| 197 |
Filed: 1/8/2018, Entered: 1/8/2018 |
|
|
MEMORANDUM in Opposition by 203085B re 172 MOTION in Limine .. (Attachments: # 1 Exhibit A - December 28, 2017 Email)(Bienert, Thomas)
|
|
Request |
|
|
|
| 196 |
Filed: 1/8/2018, Entered: 1/8/2018 |
|
|
MOTION in Limine to Exclude Evidence and Argument Regarding Money Laundering. Document filed by 203085B. (Bienert, Thomas)
|
|
Request |
|
|
|
| 195 |
Filed: 1/5/2018, Entered: 1/5/2018 |
|
|
MEMORANDUM AND ORDER denying 176 Motion to Quash as to 203085B (1). The Court extends the return date for compliance with the grand jury subpoena directed to Gaynor & Umanoff, LLP until no earlier than fourteen days after the discharge of the jury in 203085B trial. The government shall make the required ex parte sealed submission by January 15, 2018 and shall update the information through the conclusion of trial. Defendant 203085B motion and request are DENIED in remaining part. (Dkt. 176). SO ORDERED. (Signed by Judge P. Kevin Castel on 1/5/2018) (ft)
|
|
Request |
|
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| 194 |
Filed: 1/5/2018, Entered: 1/5/2018 |
|
|
ORDER as to 203085B. Having considered the entirety of defendant's arguments, the motion to reconsider is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/4/2018)(ft)
|
|
Request |
|
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|
| 193 |
Filed: 1/5/2018, Entered: 1/5/2018 |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 9D2B9C8. Notice is hereby given that an official transcript of a Plea proceeding held on 12/18/17 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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|
Request |
|
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| 192 |
Filed: 1/5/2018, Entered: 1/5/2018 |
|
|
TRANSCRIPT of Proceedings as to 9D2B9C8 re: Plea held on 12/18/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Karen Gorlaski, (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 1/26/2018. Redacted Transcript Deadline set for 2/5/2018. Release of Transcript Restriction set for 4/5/2018. (McGuirk, Kelly)
|
|
Request |
|
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|
| 191 |
Filed: 1/4/2018, Entered: 1/4/2018 |
|
|
REPLY MEMORANDUM OF LAW in Support as to 203085B re: 176 MOTION to Quash Post-Indictment Grand Jury Subpoena. . (Bienert, Thomas)
|
|
Request |
|
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|
| 190 |
Filed: 1/3/2018, Entered: 1/3/2018 |
|
|
ORDER as to (16-Cr-746-01) 203085B. Defendant 203085B moved to quash a grand jury subpoena issued to Barnes Law for records relating to certain monetary disbursements (the "Barnes Subpoena"). (Dkts. 166, 168 Ex. 1). 203085B contends that the Barnes Subpoena misuses the grand jury process to prepare for trial in an already indicted case and is unreasonable and oppressive. 203085B additionally requests disclosure or Court review of certain other grand jury subpoenas that resulted in the production of evidence that may be used in connection with 203085B trial. For the reasons set forth below, 203085B motion and request are denied....[See this Order]... CONCLUSION: Defendant 203085B motion to quash the grand jury subpoena directed to Barnes Law and his request for relief regarding other grand jury subpoenas are therefore DENIED. (Dkt. 166). SO ORDERED. (Signed by Judge P. Kevin Castel on 1/3/2018)(bw)
|
|
Request |
|
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|
| 189 |
Filed: 1/2/2018, Entered: 1/2/2018 |
|
|
LETTER RESPONSE in Support of Motion by 203085B addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated 1/2/18 re: 184 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated December 29, 2017 re: Order Setting a Deadline to Complete Rule 16 Production and Continuing Trial .. (Attachments: # 1 Exhibit C - December 26, 2017 Letter from DOJ)(Bienert, Thomas)
|
|
Request |
|
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|
| 188 |
Filed: 1/2/2018, Entered: 1/2/2018 |
|
|
ORDER as to 203085B. For the reasons set forth above, the Parmar Subpoena is QUASHED. (Dkt. 174). SO ORDERED. (Signed by Judge P. Kevin Castel on 1/2/2018)(ft)
|
|
Request |
|
|
|
| 187 |
Filed: 1/2/2018, Entered: 1/2/2018 |
|
|
MEMO ENDORSEMENT denying 184 LETTER MOTION as to 203085B (1). ENDORSEMENT: Based upon the representation made in the government's letter of January 1, 2018 (Doc 185, the application is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/2/2018) (ft)
|
|
Request |
|
|
|
| 186 |
Filed: 1/2/2018, Entered: 1/2/2018 |
|
|
DECLARATION of Cory Stigile in Support as to 203085B re: 176 MOTION to Quash Post-Indictment Grand Jury Subpoena.. (Attachments: # 1 Exhibit 1 - Grand Jury Subpoena to Gaynor & Umanoff LLP)(Bienert, Thomas)
|
|
Request |
|
|
|
| |
Filed: 1/2/2018, Entered: 1/2/2018 |
|
|
NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to 203085B: Notice to Attorney Thomas Henry Bienert, Jr. to RE-FILE Document 178 Affidavit in Support of Motion. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ka)
|
|
|
|
|
|
| 185 |
Filed: 1/1/2018, Entered: 1/1/2018 |
|
|
LETTER RESPONSE to Motion by USA as to 203085B addressed to Judge P. Kevin Castel from Robert Allen dated January 1, 2018 re: 184 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated December 29, 2017 re: Order Setting a Deadline to Complete Rule 16 Production and Continuing Trial .. (Allen, Robert)
|
|
Request |
|
|
|
| 184 |
Filed: 12/29/2017, Entered: 12/29/2017 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated December 29, 2017 re: Order Setting a Deadline to Complete Rule 16 Production and Continuing Trial . Document filed by 203085B. (Attachments: # 1 Exhibit A - December 19, 2016 Letter, # 2 Exhibit B - December 27, 2017 Email)(Bienert, Thomas)
|
|
Request |
|
|
|
| 183 |
Filed: 12/28/2017, Entered: 12/28/2017 |
|
|
NOTICE OF ATTORNEY APPEARANCE: Andrew L. Fish appearing for 203085B. Appearance Type: Retained. As additional Counsel (Fish, Andrew)
|
|
Request |
|
|
|
| 182 |
Filed: 12/28/2017, Entered: 12/28/2017 |
|
|
MEMORANDUM AND ORDER granting 163 Motion to Quash as to 203085B. Defendant 203085B applied to the Court pursuant to Rule 17(c), Fed. R. Crim. P., for the issuance of various subpoenas duces tecum. (Dkts. 98, 143). The Court authorized the issuance of eight subpoenas. (Dkts. 145, 149). For the reasons set forth above, the government's motion to quash the Rule 17 (c) subpoenas directed to Hallac and 9D2B9C8 is GRANTED. The Court reserves judgment on the government's motion to quash the Rule l7(c) subpoena directed to Parmar. (Signed by Judge P. Kevin Castel on 12/28/17) (jw)
|
|
Request |
|
|
|
| 181 |
Filed: 12/28/2017, Entered: 12/28/2017 |
|
|
REPLY MEMORANDUM OF LAW in Support as to 203085B re: 166 MOTION to Quash Post-Indictment Grand Jury Subpoena. . (Bienert, Thomas)
|
|
Request |
|
|
|
| 180 |
Filed: 12/27/2017, Entered: 12/27/2017 |
|
|
MEMORANDUM in Opposition by USA as to 203085B re 176 MOTION to Quash Post-Indictment Grand Jury Subpoena.. (Attachments: # 1 Exhibit A)(Imperatore, Edward)
|
|
Request |
|
|
|
| 179 |
Filed: 12/21/2017, Entered: 12/21/2017 |
|
|
RESPONSE in Opposition by 203085B re: 163 MOTION to Quash .. and Reply in Support of Motion to Quash [Doc. 174] (Bienert, Thomas)
|
|
Request |
|
|
|
| 178 |
Filed: 12/21/2017, Entered: 12/21/2017 |
|
|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Cory Stigile in Support as to 203085B re 176 MOTION to Quash Post-Indictment Grand Jury Subpoena.. (Bienert, Thomas) Modified on 1/2/2018 (ka).
|
|
Request |
|
|
|
| 177 |
Filed: 12/21/2017, Entered: 12/21/2017 |
|
|
MEMORANDUM in Support by 203085B re 176 MOTION to Quash Post-Indictment Grand Jury Subpoena.. (Bienert, Thomas)
|
|
Request |
|
|
|
| 176 |
Filed: 12/21/2017, Entered: 12/21/2017 |
|
|
MOTION to Quash Post-Indictment Grand Jury Subpoena. Document filed by 203085B. (Bienert, Thomas)
|
|
Request |
|
|
|
| 175 |
Filed: 12/19/2017, Entered: 12/19/2017 |
|
|
MEMORANDUM in Opposition by USA as to 203085B re 166 MOTION to Quash Post-Indictment Grand Jury Subpoena.. (Attachments: # 1 Exhibit A (letter))(Imperatore, Edward)
|
|
Request |
|
|
|
| 174 |
Filed: 12/19/2017, Entered: 12/19/2017 |
|
|
REPLY MEMORANDUM OF LAW in Support by USA as to 203085B, 9D2B9C8 re: 163 MOTION to Quash . . (Attachments: # 1 Exhibit)(Kobre, Elisha)
|
|
Request |
|
|
|
| 173 |
Filed: 12/19/2017, Entered: 12/19/2017 |
|
|
PROPOSED EXAMINATION OF JURORS by USA as to 203085B, 9D2B9C8. (Kobre, Elisha)
|
|
Request |
|
|
|
| |
Filed: 12/19/2017, Entered: 12/19/2017 |
|
|
NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to 203085B, 9D2B9C8: Notice to Attorney Elisha Jonathan Kobre to RE-FILE Document 170 Proposed Voir Dire Questions. Use the event type Proposed Examination of Jurors found under the event list Trial Documents. (ka)
|
|
|
|
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|
| |
Filed: 12/18/2017, Entered: 12/27/2017 |
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel as to 9D2B9C8; Sentencing set for 5/30/2018 at 10:00 AM before Judge P. Kevin Castel. (jw)
|
|
|
|
|
|
| |
Filed: 12/18/2017, Entered: 12/27/2017 |
|
|
Change of Not Guilty Plea to Guilty Plea as to 9D2B9C8 (2) Count 1,2-3,4-5,6. (jw)
|
|
|
|
|
|
| |
Filed: 12/18/2017, Entered: 12/27/2017 |
|
|
Minute Entry for proceedings held before Judge P. Kevin Castel:Change of Plea Hearing as to 9D2B9C8 held on 12/18/2017., Plea entered by 9D2B9C8 (2) Guilty as to Count 1,2-3,4-5,6. Defendant present with counsel Gordon Mehler. A.U.S.A. Edward Imperatore present for the Government.Defendant withdraws plea of not guilty and enters a plea of Guilty to 18 U.S.C. 371.F to Counts 1,2,3,4,5,6, and admits guilt to paragraph 52 & 53 of the Forfeiture Allegation in the Indictment. District Judge P. Kevin Castel accepts the plea.Court reporter present Karen Gorlaski. Sentencing scheduled for May 30, 2018, at 10:00 a.m. Bail conditions continued. (jw)
|
|
|
|
|
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| 172 |
Filed: 12/18/2017, Entered: 12/18/2017 |
|
|
MOTION in Limine . Document filed by USA as to 203085B. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Allen, Robert)
|
|
Request |
|
|
|
| 171 |
Filed: 12/18/2017, Entered: 12/18/2017 |
|
|
Request To Charge by USA as to 203085B. (Allen, Robert)
|
|
Request |
|
|
|
| 170 |
Filed: 12/18/2017, Entered: 12/18/2017 |
|
|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Proposed Voir Dire Questions by USA as to 203085B, 9D2B9C8. (Kobre, Elisha) Modified on 12/19/2017 (ka).
|
|
Request |
|
|
|
| 169 |
Filed: 12/18/2017, Entered: 12/18/2017 |
|
|
NOTICE OF ATTORNEY APPEARANCE Elisha Jonathan Kobre appearing for USA. (Kobre, Elisha)
|
|
Request |
|
|
|
| 168 |
Filed: 12/13/2017, Entered: 12/13/2017 |
|
|
DECLARATION of Anthony R. Bisconti in Support as to 203085B re: 166 MOTION to Quash Post-Indictment Grand Jury Subpoena.. (Attachments: # 1 Exhibit 1 - Grand Jury Subpoena to Barnes Law, # 2 Exhibit 2 - Email Exchange Between Barnes & AUSA Imperatore, # 3 Exhibit 3 - 12/4/17 Letter from DOJ re Stay, # 4 Exhibit 4 - Response to Discovery Requests)(Bienert, Thomas)
|
|
Request |
|
|
|
| 167 |
Filed: 12/13/2017, Entered: 12/13/2017 |
|
|
MEMORANDUM in Support by 203085B re 166 MOTION to Quash Post-Indictment Grand Jury Subpoena.. (Bienert, Thomas)
|
|
Request |
|
|
|
| 166 |
Filed: 12/13/2017, Entered: 12/13/2017 |
|
|
MOTION to Quash Post-Indictment Grand Jury Subpoena. Document filed by 203085B. (Bienert, Thomas)
|
|
Request |
|
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|
| |
Filed: 12/13/2017, Entered: 12/13/2017 |
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to 203085B, 9D2B9C8: Notice to Attorney Thomas Henry Bienert, Jr. to RE-FILE Document 165 MOTION to Quash. ERROR(S): Incorrect Title of Documents. Document Title should read "Motion to Quash Post-Indictment Grand Jury Subpoena, instead of Memorandum of Law.***NOTE: Attachment#1, Supporting Declaration must be filed individually. Event code located under Replies, Opposition and Supporting Documents. SEPARATE DOCKET ENTRY EACH. (ka)
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| 165 |
Filed: 12/12/2017, Entered: 12/12/2017 |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Quash . Document filed by 203085B as to 203085B, 9D2B9C8. (Attachments: # 1 Affidavit Anthony Bisconti, # 2 Exhibit 1-4)(Bienert, Thomas) Modified on 12/13/2017 (ka).
|
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 164 |
Filed: 12/11/2017, Entered: 12/11/2017 |
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MEMORANDUM in Opposition by 203085B re 163 MOTION to Quash .. (Bienert, Thomas)
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Request |
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| 163 |
Filed: 12/6/2017, Entered: 12/6/2017 |
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MOTION to Quash . Document filed by USA as to 203085B, 9D2B9C8. (Attachments: # 1 Exhibit, # 2 Exhibit)(Kobre, Elisha)
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Request |
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| 162 |
Filed: 12/5/2017, Entered: 12/5/2017 |
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MEMO ENDORSEMENT as to 203085B, 9D2B9C8 on re: 160 LETTER by USA addressed to Judge P. Kevin Castel from AUSA Edward Imperatore dated 11/28/2017 re: 11/28/2017. Trial in this matter is scheduled to begin on February 5, 2018. Pursuant to the Court's May 5, 2017 order, the Government respectfully submits this letter and requests that the Court set reciprocal deadlines for witness lists, exhibits, and Rule 16 material, as follows: - Five weeks before trial: defense Rule 16 material due; - 21 days before trial: Government witness list due; - 14 days before trial: defense witness lists due; - 14 days before trial: Government marked exhibits due; - 7 days before trial: defense marked exhibits due. ENDORSEMENT: Having reviewed the government's proposal, as well as defense counsel's, the Court finds the government's proposal as set forth in its letter of November 28 (Doc. 160) to be reasonable and it is adopted. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/4/2017)(bw)
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Request |
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| 161 |
Filed: 11/29/2017, Entered: 11/29/2017 |
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LETTER by 203085B as to 203085B, 9D2B9C8 addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated 11/28/2017 re: Disclosure Schedule Document filed by 203085B. (Bienert, Thomas)
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Request |
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| 160 |
Filed: 11/28/2017, Entered: 11/28/2017 |
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LETTER by USA as to 203085B, 9D2B9C8 addressed to Judge P. Kevin Castel from Edward Imperatore dated 11/28/2017 re: 11/28/2017 Document filed by USA. (Imperatore, Edward)
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Request |
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| 159 |
Filed: 11/28/2017, Entered: 11/28/2017 |
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MEMO ENDORSEMENT as to 203085B (1) granting 158 LETTER MOTION addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated November 27, 2017 re: Travel to Utah and Nevada, departing December 16, 2017 and returning December 22, 2017. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/28/2017) (lnl)
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|
Request |
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| 158 |
Filed: 11/27/2017, Entered: 11/27/2017 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated November 27, 2017 re: Travel to Utah and Nevada, departing December 16, 2017 and returning December 22, 2017 . Document filed by 203085B. (Bisconti, Anthony)
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Request |
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| 157 |
Filed: 11/22/2017, Entered: 11/22/2017 |
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ENDORSED LETTER as to 203085B, 9D2B9C8 addressed to Judge P. Kevin Castel from Edward Imperatore and Robert Allen Elisha Kobre dated 11/20/2017 re: the Government respectfully requests that the December 18, 2017 deadline for Rule 404(b) notice, requests to charge, and voir dire be adjourned accordingly....ENDORSEMENT: The Court regrets that it is not able to grant the government's request because of other trials scheduled following this one. Application DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/22/2017)(jw)
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|
Request |
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| 156 |
Filed: 11/20/2017, Entered: 11/20/2017 |
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|
LETTER by USA as to 203085B, 9D2B9C8 addressed to Judge P. Kevin Castel from Robert Allen dated November 20, 2017 re: Adjournment Request Document filed by USA. (Allen, Robert)
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|
Request |
|
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| 155 |
Filed: 11/15/2017, Entered: 11/16/2017 |
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MEMO ENDORSEMENT as to 9D2B9C8 (2) granting 154 LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 11/15/2017 re: Travel Request. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge P. Kevin Castel on 11/15/2017) (lnl)
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|
Request |
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| 154 |
Filed: 11/15/2017, Entered: 11/15/2017 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 11/15/2017 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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| 153 |
Filed: 11/3/2017, Entered: 11/3/2017 |
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|
ORDER as to 203085B, 9D2B9C8 ( Pretrial Conference set for 1/25/2018 at 02:15 PM before Judge P. Kevin Castel) The Final Pretrial Conference previously set for January 26, 2018 at 2pm instead will be held on January 25, 2018 at 2:15pm. (Signed by Judge P. Kevin Castel on 11/3/17)(jw)
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|
Request |
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| 152 |
Filed: 10/31/2017, Entered: 11/1/2017 |
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MEMO ENDORSEMENT as to 203085B (1) granting 151 LETTER MOTION addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated October 31, 2017 re: Travel Request for November 6 and November 7, 2017. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge P. Kevin Castel on 10/31/2017) (lnl)
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|
Request |
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| 151 |
Filed: 10/31/2017, Entered: 10/31/2017 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated October 31, 2017 re: Travel Request for November 6 and November 7, 2017. Document filed by 203085B. (Bisconti, Anthony)
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Request |
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| 150 |
Filed: 10/30/2017, Entered: 10/30/2017 |
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LETTER from Noel Lugo dated 10/30/2017 re: Received two Subpoenas on October 30, 2017 from the Chambers of P. Kevin Castel. (ft)
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Request |
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| 149 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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MEMO ENDORSEMENT as to 203085B on re: 145 Order. ENDORSEMENT: I have reviewed 203085B application for issuance of Rule 17(c)subpoenas through the lends set forth in the October 25, 2017 Order and the ex parte submission of 203085B. Without prejudice to the rights of the subpoenaed person, I have approved 2 of the subpoenas which may be picked up in Chambers. So Ordered. (Signed by Judge P. Kevin Castel on 10/27/2017) (lnl)
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Request |
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| 148 |
Filed: 10/26/2017, Entered: 10/26/2017 |
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LETTER by 203085B addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated October 26, 2017 re: Court's October 26, 2017 Order [Doc. 147] (Bisconti, Anthony)
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Request |
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| 147 |
Filed: 10/26/2017, Entered: 10/26/2017 |
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MEMO ENDORSEMENT as to 203085B, 9D2B9C8 on re: 143 Order. ENDORSEMENT: The submission received this morning from defendant is a mess. It is a stack of pages, perhaps 200 pages with no table and no index. The numbering (insert sheets with an exhibit number) num. 1, 10-23, 3-9. There do not appear to be a 2 or 24. There does not appear to be a subpoena for Mr. Levine; perhaps its 2 or 24 or perhaps I simply cannot locate it without an index. This is unacceptable and has already resulted in a big waste of judicial time and resources. Fix it forthwith. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/26/2017)(ft) Modified on 10/26/2017 (ft).
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Request |
|
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| 146 |
Filed: 10/26/2017, Entered: 10/26/2017 |
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|
LETTER from Noel Lugo dated 10/26/2017 re: Received SIX SUBPOENAS on October 26, 2017 from the Chambers of P. Kevin Castel. (ft)
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Request |
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| 145 |
Filed: 10/25/2017, Entered: 10/25/2017 |
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|
ORDER as to 203085B: The Court has reviewed each category of each of the 24 subpoenas in the first group through the lens of the above-referenced standards. Guided by 203085B submission and the allegations of the indictment, the Court will allow all or part of six of the subpoenas in the first group of 24 without prejudice to the rights of the subpoenaed persons or entities. Application GRANTED in part and DENIED in part. Counsel for 203085B may pick up the signed subpoenas from the undersigned's Chambers. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/24/2017) (See ORDER as set forth) (lnl)
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Request |
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| 144 |
Filed: 10/23/2017, Entered: 10/23/2017 |
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SEALED DOCUMENT placed in vault. (rz)
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| 143 |
Filed: 10/19/2017, Entered: 10/19/2017 |
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|
ORDER as to 203085B. I have an ex parte letter from Mr. 203085B lawyer dated October 18, 2017. It seeks the right to file a motion for the issuance of Rule 17(c) subpoenas ex parte and under seal. In the first instance, he may file the motion ex parte and under seal. Not knowing what its content will be, I will consider the propriety of continued sealing. A hard copy, courtesy copy of the filing shall be delivered to Chambers within three days of filing. A hard copy, courtesy copy of Mr. 203085B May 3, 2017 sealed filing shall be provided to the Court by October 20, 2017. (Signed by Judge P. Kevin Castel on 10/19/2017)(ft)
|
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Request |
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| 142 |
Filed: 10/10/2017, Entered: 10/10/2017 |
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|
MEMORANDUM AND ORDER as to (16-Cr-76-01) 203085B. Defendant 203085B moved to quash a grand jury subpoena issued to his former civil attorney, Alex Weingarten, for "all recordings produced by Paul Parmar in litigation." (Bisconti Decl. Ex. 1) (capitalization and emphasis omitted). Parmar is a government informant who recorded many of his conversations with 203085B in their business dealings. 203085B contends that the subpoena misuses the grand jury process to prepare for trial in an already indicted case, infringes upon protected work product, and is unreasonable and oppressive. For the reasons set forth below, 203085B motion is denied....[See this Memorandum And Order]... CONCLUSION: For the reasons set forth above, defendant 203085B motion to quash the grand jury subpoena directed to Alex Weingarten is therefore DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/10/2017)(bw)
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Request |
|
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| 141 |
Filed: 10/10/2017, Entered: 10/10/2017 |
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MEMO ENDORSEMENT granting 140 LETTER MOTION filed by 9D2B9C8 (2), addressed to Judge P. Kevin Castel from Attorney Gordon Mehler dated October 10th, 2017 re: Travel Request. As per your Honor's suggestion, we write to request that Mr. 9D2B9C8 be allowed to travel to the Eastern District of Michigan on the following specific dates: from October 27th until October 29th, from November 3rd until November 5th, and from November 23rd until November 26th. ENDORSEMENT: OK. Application granted. SO ORDERED: (Signed by Judge P. Kevin Castel on 10/10/2017) (bw)
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|
Request |
|
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| 140 |
Filed: 10/10/2017, Entered: 10/10/2017 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated October 10th, 2017 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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|
Request |
|
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|
| 139 |
Filed: 10/6/2017, Entered: 10/6/2017 |
|
|
MEMO ENDORSEMENT granting 138 LETTER MOTION as to 9D2B9C8 (2). ENDORSEMENT: I would be pleased to entertain specific requests for travel to and from Michigan by Mr. 9D2B9C8. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/6/2017) (ft)
|
|
Request |
|
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|
| 138 |
Filed: 9/29/2017, Entered: 9/29/2017 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated September 29, 2017 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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|
Request |
|
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|
| 137 |
Filed: 9/14/2017, Entered: 9/14/2017 |
|
|
MEMO ENDORSEMENT granting 136 LETTER MOTION To request that Mr. 9D2B9C8 be allowed to travel to Bermuda from September 21 until September 25th as to 9D2B9C8..ENDORSEMENT...Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/13/17) (jw)
|
|
Request |
|
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|
| 136 |
Filed: 9/13/2017, Entered: 9/13/2017 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated September 8, 2017 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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|
Request |
|
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| |
Filed: 9/8/2017, Entered: 9/8/2017 |
|
|
NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to 9D2B9C8: Notice to Attorney Gordon Mehler to RE-FILE Document 135 MOTION to Travel. Use the event type Letter Motion found under the event list Motions. (ka)
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|
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| 135 |
Filed: 9/7/2017, Entered: 9/7/2017 |
|
|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Travel . Document filed by 9D2B9C8. (Mehler, Gordon) Modified on 9/8/2017 (ka).
|
|
Request |
|
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| 134 |
Filed: 8/28/2017, Entered: 8/28/2017 |
|
|
MEMO ENDORSEMENT granting 133 LETTER MOTION To request a modification to the conditions of his release. Mr. 203085B therefore additionally requests that the terms of his release be modified so that he may travel to Nevada, NJ, NY and Texas subject to Mr. 203085B providing Pretrial Services with travel itineraries when leaving the Central District of California...ENDORSEMENT...Application that Mr. 203085B be placed on internet reporting is GRANTED. Application to modify travel conditions is DENIED. (Signed by Judge P. Kevin Castel on 8/28/2017) (jw)
|
|
Request |
|
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| 133 |
Filed: 8/22/2017, Entered: 8/22/2017 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated August 22, 2017 re: Request to Modify Conditions of Release . Document filed by 203085B. (Bienert, Thomas)
|
|
Request |
|
|
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| 132 |
Filed: 8/18/2017, Entered: 8/18/2017 |
|
|
MEMO ENDORSEMENT granting 131 LETTER MOTION as to 203085B (1). ENDORSEMENT: Application is granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/18/2017) (ft)
|
|
Request |
|
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| 131 |
Filed: 8/18/2017, Entered: 8/18/2017 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated August 18, 2017 re: Request for Permission to Travel to Texas Departing August 22, 2017 and Returning August 23, 2017 . Document filed by 203085B. (Bisconti, Anthony)
|
|
Request |
|
|
|
| 130 |
Filed: 8/17/2017, Entered: 8/17/2017 |
|
|
MEMO ENDORSEMENT granting 129 LETTER MOTION filed by 203085B (1), addressed to Judge P. Kevin Castel from Attorney Anthony R. Bisconti dated August 16, 2017 re: Request to Modify Dates of Permitted Travel to New Jersey [Doc. 128] to Departing August 18, 2017 and Returning August 21, 2017. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/17/2017) (bw)
|
|
Request |
|
|
|
| 129 |
Filed: 8/16/2017, Entered: 8/16/2017 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated August 16, 2017 re: Request to Modify Dates of Permitted Travel to New Jersey [Doc. 128] to Departing August 18, 2017 and Returning August 21, 2017 . Document filed by 203085B. (Bisconti, Anthony)
|
|
Request |
|
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| 128 |
Filed: 8/16/2017, Entered: 8/16/2017 |
|
|
MEMO ENDORSEMENT granting 127 LETTER MOTION filed by 203085B (1), addressed to Judge P. Kevin Castel from Attorney Anthony R. Bisconti dated August 15, 2017 re: Request for Permission to Travel to New Jersey Departing August 17, 2017 and Returning August 20, 2017. ENDORSEMENT: Application GRANTED. SO ORDERED: (Signed by Judge P. Kevin Castel on 8/16/2017) (bw)
|
|
Request |
|
|
|
| 127 |
Filed: 8/15/2017, Entered: 8/15/2017 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated August 15, 2017 re: Request for Permission to Travel to New Jersey Departing August 17, 2017 and Returning August 20, 2017 . Document filed by 203085B as to 203085B, 9D2B9C8. (Bisconti, Anthony)
|
|
Request |
|
|
|
| 126 |
Filed: 7/20/2017, Entered: 7/20/2017 |
|
|
REPLY MEMORANDUM OF LAW in Support as to 203085B re: 120 MOTION to Quash Post-Indictment Grand Jury Subpoena. . (Bienert, Thomas)
|
|
Request |
|
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|
| |
Filed: 7/20/2017, Entered: 7/20/2017 |
|
|
NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to 203085B: Notice to Attorney Thomas Henry Bienert, Jr. to RE-FILE Document 125 Response in Support of Motion. Use the event type Reply Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ka)
|
|
|
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|
| 125 |
Filed: 7/19/2017, Entered: 7/19/2017 |
|
|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Support of Motion by 203085B re: 120 MOTION to Quash Post-Indictment Grand Jury Subpoena.. (Bienert, Thomas) Modified on 7/20/2017 (ka).
|
|
Request |
|
|
|
| 124 |
Filed: 7/17/2017, Entered: 7/17/2017 |
|
|
MEMORANDUM in Opposition by USA as to 203085B, 9D2B9C8 re 120 MOTION to Quash Post-Indictment Grand Jury Subpoena.. (Kobre, Elisha)
|
|
Request |
|
|
|
| 123 |
Filed: 7/17/2017, Entered: 7/17/2017 |
|
|
NOTICE OF ATTORNEY APPEARANCE Elisha Jonathan Kobre appearing for USA. (Kobre, Elisha)
|
|
Request |
|
|
|
| 122 |
Filed: 7/11/2017, Entered: 7/11/2017 |
|
|
DECLARATION of Anthony R. Bisconti in Support as to 203085B re: 120 MOTION to Quash Post-Indictment Grand Jury Subpoena.. (Attachments: # 1 Exhibit 1 - Grand Jury Subpoena, # 2 Exhibit 2 - May 4, 2017 Hearing Transcript, # 3 Exhibit 3 - Letter to Government, # 4 Exhibit 4 - Email from AUSA)(Bienert, Thomas)
|
|
Request |
|
|
|
| 121 |
Filed: 7/11/2017, Entered: 7/11/2017 |
|
|
MEMORANDUM in Support by 203085B re 120 MOTION to Quash Post-Indictment Grand Jury Subpoena.. (Bienert, Thomas)
|
|
Request |
|
|
|
| 120 |
Filed: 7/11/2017, Entered: 7/11/2017 |
|
|
MOTION to Quash Post-Indictment Grand Jury Subpoena. Document filed by 203085B. (Bienert, Thomas)
|
|
Request |
|
|
|
| 119 |
Filed: 7/7/2017, Entered: 7/7/2017 |
|
|
LETTER by 203085B addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated 07-07-2017 re: Order Denying Mr. 203085B Travel Request without Prejudice (Docket 188) (Bisconti, Anthony)
|
|
Request |
|
|
|
| 118 |
Filed: 7/7/2017, Entered: 7/7/2017 |
|
|
MEMO ENDORSEMENT denying 117 LETTER MOTION as to 203085B (1). ENDORSEMENT: Application denied without prejudice to resubmission with information as to purpose and determination. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/7/2017) (ft)
|
|
Request |
|
|
|
| 117 |
Filed: 7/7/2017, Entered: 7/7/2017 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated July 7, 2017 re: Travel Request . Document filed by 203085B as to 203085B, 9D2B9C8. (Bisconti, Anthony)
|
|
Request |
|
|
|
| 116 |
Filed: 7/6/2017, Entered: 7/6/2017 |
|
|
MEMO ENDORSEMENT granting in part 115 LETTER MOTION as to 9D2B9C8 (2). ENDORSEMENT: Bail conditions are modified to permit travel to District of New Jersey and District of Colorado. Application otherwise denied. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/6/2017) (ft)
|
|
Request |
|
|
|
| 115 |
Filed: 7/5/2017, Entered: 7/5/2017 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated July 5th, 2017 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
|
|
Request |
|
|
|
| 114 |
Filed: 7/3/2017, Entered: 7/3/2017 |
|
|
LETTER by USA as to 203085B, 9D2B9C8 addressed to Judge P. Kevin Castel from Robert Allen dated July 3, 2017 re: Bill of Particulars Document filed by USA. (Allen, Robert)
|
|
Request |
|
|
|
| 113 |
Filed: 6/12/2017, Entered: 6/12/2017 |
|
|
ENDORSED LETTER as to 203085B addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated 6/12/17 re: to request that the Court allow him to travel on a one day business trip from his home in Southern California to Montreal, Canada, departing June 14, 2017 and returning on June 16, 2017..ENDORSEMENT: Application is granted. (Signed by Judge P. Kevin Castel on 6/12/17)(jw)
|
|
Request |
|
|
|
| 112 |
Filed: 6/12/2017, Entered: 6/12/2017 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated June 12, 2017 re: Travel to Montreal, Canada departing June 14, 2017 and returning June 16, 2017. Document filed by 203085B. (Bisconti, Anthony)
|
|
Request |
|
|
|
| 111 |
Filed: 6/2/2017, Entered: 6/2/2017 |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B, 9D2B9C8. Notice is hereby given that an official transcript of a Conference proceeding held on 5/4/17 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)
|
|
Request |
|
|
|
| 110 |
Filed: 6/2/2017, Entered: 6/2/2017 |
|
|
TRANSCRIPT of Proceedings as to 203085B, 9D2B9C8 re: Conference held on 5/4/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Martha Martin, (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 6/23/2017. Redacted Transcript Deadline set for 7/3/2017. Release of Transcript Restriction set for 8/31/2017. (McGuirk, Kelly)
|
|
Request |
|
|
|
| 109 |
Filed: 5/26/2017, Entered: 5/26/2017 |
|
|
MEMO ENDORSEMENT granting 106 LETTER MOTION We write to request that Mr. 9D2B9C8 be allowed to travel to the Philadelphia suburbs on June 3, 2017 by car (via New Jersey) to attend his nephew's bar mitzvah with his family. He will return to New York City the following day...ENDORSEMENT...Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/26/17) (jw)
|
|
Request |
|
|
|
| 108 |
Filed: 5/26/2017, Entered: 5/26/2017 |
|
|
MEMO ENDORSEMENT granting 107 LETTER MOTION To request that the Court allow him to travel on a one day business trip to Montreal Canada, departing on May 30. 2017 and returning the following evening on May 31, 2017...ENDORSEMENT...Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/26/17) (jw)
|
|
Request |
|
|
|
| 107 |
Filed: 5/26/2017, Entered: 5/26/2017 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Anthony R. Bisconti dated May 26, 2017 re: Travel Request for May 30, 2017 to May 31, 2017 . Document filed by 203085B. (Bisconti, Anthony)
|
|
Request |
|
|
|
| 106 |
Filed: 5/23/2017, Entered: 5/23/2017 |
|
|
LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated May 23, 2017 re: Travel Authorization . Document filed by 9D2B9C8. (Mehler, Gordon)
|
|
Request |
|
|
|
| 105 |
Filed: 5/19/2017, Entered: 5/19/2017 |
|
|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to 203085B, 9D2B9C8. Notice is hereby given that an official transcript of a Conference proceeding held on 5/4/17 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)
|
|
Request |
|
|
|
| 104 |
Filed: 5/19/2017, Entered: 5/19/2017 |
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TRANSCRIPT of Proceedings as to 203085B, 9D2B9C8 re: Conference held on 5/4/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Martha Martin, (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 6/9/2017. Redacted Transcript Deadline set for 6/19/2017. Release of Transcript Restriction set for 8/17/2017. (McGuirk, Kelly)
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Request |
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| 103 |
Filed: 5/8/2017, Entered: 5/8/2017 |
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SEALED DOCUMENT placed in vault. (rz)
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| 102 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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ORDER As a result of a Pretrial Conference held before the Court today, the following is ORDERED: Defendant David Bergstein' s motion to compel information regarding Paul Parmar (Dkt. 69) is denied. Defendant 203085B motion to compel (Dkt. 61) is denied in part and granted in part. The Government must notify the defendant of any evidence it intends to introduce under Rule 404(b), Fed. R. Evid., by December 18, 2017. The Government's pretrial submissions including proposed voir dire questions, request to charge, and motions in limine are due December 18, 2017. Defendants' response due January 8, 2018. Government response due January 19, 2018. While the Court makes no order directing the disclosure of Section 3500 material or exhibits, the government shall advise the Court of its proposed schedule for disclosure of such material by November 28, 2017. Defendant 203085B motion for a bill of particulars (Dkt. 63) is denied in part and granted in part. The Government is directed to identify the securities at issue in Counts 4 and 5 of the Indictment within 60 days of this Order. Defendants' motions to sever (Dkts. 67, 71) are denied without prejudice torenewal. Defendant 203085B motion to modify the conditions of his pretrial release(Dkt. 73) is denied. A final pretrial conference will be held on January 26, 2018 at 2:00 p.m. Trial is scheduled to begin on February 5, 2018 at 10:00 a.m. Time is excluded under the Speedy Trial Act through February 5, 2018 for the reasons stated on the record. (Signed by Judge P. Kevin Castel on 5/4/2017) (jw)
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Request |
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Filed: 5/4/2017, Entered: 5/4/2017 |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference as to 203085B, 9D2B9C8 held on 5/4/2017. Defendant 203085B is present with his attorneys Bienert and Bisonti. Defendant 9D2B9C8 is present with his attorney, Gordon Mehler. AUSAs Edward Imperatore and Robert Allen, present. Also present are Shannon Bieniek, FBI Special Agent. Final Pretrial Conference is set for January 26, 2018 at 2:00 p.m. Trial is set for February 5, 2018 at 10:00 a.m. Gov't 404b evidence, void dire, request to charge and any other in limine motions due December 18, 2017. Defs' responses and submissions due January 8, 2018. Gov't response to defs' submissions due January 19, 2018. Time is excluded until 2/5/2018. Defendants bail conditions continue. (Jury Trial set for 2/5/2018 at 10:00 AM, Pretrial Conference set for 1/26/2018 at 02:00 PM before Judge P. Kevin Castel.) (jbo)
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| 101 |
Filed: 5/3/2017, Entered: 5/3/2017 |
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MEMORANDUM AND ORDER as to (16-Cr-746-01) 203085B. Defendant 203085B is charged in a seven-count indictment with securities fraud, investment advisor fraud, wire fraud, and conspiracy to commit all three, in violation of 15 U.S.C. §§ 78j(b), 78ff, 80b-6, 80b-17, 18 U.S.C. §§ 371, 1343, 1349, and 17 C.F.R. § 240.10b-5. 203085B has moved to dismiss the indictment on the grounds that it is impermissibly duplicitous. He also seeks to compel disclosure, or alternatively judicial review, of the grand jury minutes. For the reasons explained below, 203085B motion is denied....[See this Memorandum And Order]... CONCLUSION: For the foregoing reasons, 203085B motion to dismiss the indictment (Dkt. 65) is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/3/2017)(bw)
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Request |
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| 100 |
Filed: 5/3/2017, Entered: 5/3/2017 |
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SEALED DOCUMENT placed in vault. (rz)
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| 99 |
Filed: 5/2/2017, Entered: 5/2/2017 |
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MEMO ENDORSEMENT granting 97 LETTER MOTION To request that Mr. 9D2B9C8 be allowed to travel to London from May 7 until May 11 or 12 for a series of meetings related to a long-standing business matter that Mr. 9D2B9C8 has been working for several years....ENDORSEMENT...Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/1/2017) (jw)
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Request |
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| 98 |
Filed: 5/2/2017, Entered: 5/2/2017 |
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ORDER as to 203085B. I have an ex parte letter from Mr. Berstein's lawyer. Mr. 203085B is free to file an application for the issuance of trial subpoenas for documents and things pursuant to Rule 17(c), Fed. R. Crim. P., and do so in a sealed submission to the Court that annexes the proposed subpoena. The application shall be filed by May 9, 2017. (Signed by Judge P. Kevin Castel on 5/1/2017)(jw)
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Request |
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| 97 |
Filed: 5/1/2017, Entered: 5/1/2017 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 05/01/2017 re: Travel Request . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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| 96 |
Filed: 4/19/2017, Entered: 4/19/2017 |
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MEMO ENDORSEMENT granting 87 LETTER MOTION as to 203085B (1). ENDORSEMENT: Ok. Application is granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/19/2017) (ft)
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Request |
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| 95 |
Filed: 4/14/2017, Entered: 4/14/2017 |
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DECLARATION of Thomas H. Bienert, Jr. in Support as to 203085B re: 93 Reply to Response to Motion, 90 Reply to Response to Motion, 89 Reply to Response to Motion, 94 Reply to Response to Motion, 91 Reply to Response to Motion, 92 Reply to Response to Motion. (Attachments: # 1 Exhibit 43 (Cellphone Warrant), # 2 Exhibit 44 (Seizure Warrant), # 3 Exhibit 45 (Jan 6 2017 Email Chain), # 4 Exhibit 46 (P2 Fund Bank Records), # 5 Exhibit 47 (Excerpts Trial Testimony USA v. Hirst), # 6 Exhibit 48 (Settlement Agreement), # 7 Exhibit 49 (Findings of Fact & Conclusions of Law))(Bienert, Thomas)
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Request |
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| 94 |
Filed: 4/14/2017, Entered: 4/14/2017 |
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REPLY TO RESPONSE to Motion by 203085B re 73 MOTION to Modify Conditions of Release .. (Bienert, Thomas)
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Request |
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| 93 |
Filed: 4/14/2017, Entered: 4/14/2017 |
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REPLY TO RESPONSE to Motion by 203085B re 67 MOTION to Sever Defendant .. (Bienert, Thomas)
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Request |
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| 92 |
Filed: 4/14/2017, Entered: 4/14/2017 |
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REPLY TO RESPONSE to Motion by 203085B re 65 MOTION to Dismiss Indictment as Duplicitous.. (Bienert, Thomas)
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Request |
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| 91 |
Filed: 4/14/2017, Entered: 4/14/2017 |
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REPLY TO RESPONSE to Motion by 203085B re 63 MOTION for Bill of Particulars .. (Bienert, Thomas)
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Request |
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| 90 |
Filed: 4/14/2017, Entered: 4/14/2017 |
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REPLY TO RESPONSE to Motion by 203085B re 61 MOTION to Compel Government to Disclose its Witness and Exhibit Lists, to Produce Evidence, and Disclose Evidence Government Intends to Introduce at Trial.. (Bienert, Thomas)
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Request |
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| 89 |
Filed: 4/14/2017, Entered: 4/14/2017 |
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REPLY TO RESPONSE to Motion by 203085B re 69 MOTION to Compel the Government to Disclose Information Concerning Known Government Informant & Take Possession of Recordings and Other Materials.. (Bienert, Thomas)
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Request |
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| 88 |
Filed: 4/14/2017, Entered: 4/14/2017 |
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REPLY MEMORANDUM OF LAW in Support as to 9D2B9C8 re: 71 FIRST MOTION to Sever Defendant . . (Mehler, Gordon)
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Request |
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| 87 |
Filed: 4/14/2017, Entered: 4/14/2017 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated 04/14/2017 re: Travel to Cincinnati, Ohio . Document filed by 203085B. (Bienert, Thomas)
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Request |
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| 86 |
Filed: 4/6/2017, Entered: 4/6/2017 |
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MEMO ENDORSEMENT granting 84 LETTER MOTION filed by 9D2B9C8 (2), addressed to Judge P. Kevin Castel from Attorney Gordon Mehler dated 04/05/2017 re: 81 Order on Letter Motion re: Request to travel with daughter for college visit. On March 30th, you responded to our prior request that Mr. 9D2B9C8 be allowed to travel to visit colleges with his daughter by approving his first trip to the University of Colorado and requesting that we "submit dates for other trips." (Docket Entry 81). Thus, we write to request that Mr. 9D2B9C8 be allowed to visit Michigan State University in East Lansing, Michigan with his daughter from April 20-22nd. ENDORSEMENT: Approved. SO ORDERED: (Signed by Judge P. Kevin Castel on 4/5/2017) (bw)
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Request |
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| 85 |
Filed: 4/5/2017, Entered: 4/5/2017 |
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MEMORANDUM in Opposition by USA as to 203085B, 9D2B9C8 re 71 FIRST MOTION to Sever Defendant ., 73 MOTION to Modify Conditions of Release ., 61 MOTION to Compel Government to Disclose its Witness and Exhibit Lists, to Produce Evidence, and Disclose Evidence Government Intends to Introduce at Trial., 67 MOTION to Sever Defendant ., 69 MOTION to Compel the Government to Disclose Information Concerning Known Government Informant & Take Possession of Recordings and Other Materials., 63 MOTION for Bill of Particulars ., 65 MOTION to Dismiss Indictment as Duplicitous.. (Allen, Robert)
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Request |
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| 84 |
Filed: 4/5/2017, Entered: 4/5/2017 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 04/05/2017 re: 81 Order on Letter Motion re: Request to travel with daughter for college visit . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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| 83 |
Filed: 4/4/2017, Entered: 4/4/2017 |
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MEMO ENDORSEMENT granting 82 LETTER MOTION as to 203085B (1). ENDORSEMENT: Application granted. SO ORDERED.. (Signed by Judge P. Kevin Castel on 4/3/2017) (ft)
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Request |
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| 82 |
Filed: 4/3/2017, Entered: 4/3/2017 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated April 3, 2017 re: Travel Request . Document filed by 203085B. (Bienert, Thomas)
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Request |
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| 81 |
Filed: 3/31/2017, Entered: 3/31/2017 |
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MEMO ENDORSEMENT granting 80 LETTER MOTION as to 9D2B9C8 (2). ENDORSEMENT: Application granted for trip to Boulder, Colorado on April 8. Submit dates for other trips. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/30/2017) (ft)
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Request |
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| 80 |
Filed: 3/30/2017, Entered: 3/30/2017 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Gordon Mehler dated 03/30/2017 re: Motion to modify conditions of release . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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Filed: 3/30/2017, Entered: 3/30/2017 |
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NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to 9D2B9C8: Notice to Attorney Gordon Mehler to RE-FILE Document 79 MOTION to Modify Conditions of Release. Use the event type Letter Motion found under the event list Motions. (ka)
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| 79 |
Filed: 3/30/2017, Entered: 3/30/2017 |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Modify Conditions of Release . Document filed by 9D2B9C8. (Mehler, Gordon) Modified on 3/30/2017 (ka).
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Request |
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| 78 |
Filed: 3/28/2017, Entered: 3/28/2017 |
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MEMO ENDORSEMENT granting 77 LETTER MOTION as to 203085B (1). ENDORSEMENT: Application is granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/27/2017) (ft)
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Request |
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| 77 |
Filed: 3/27/2017, Entered: 3/27/2017 |
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LETTER MOTION addressed to Judge P. Kevin Castel from Thomas H. Bienert, Jr. dated March 27, 2017 re: Travel Request . Document filed by 203085B. (Bienert, Thomas)
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Request |
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| 76 |
Filed: 3/21/2017, Entered: 3/21/2017 |
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ORDER as to 203085B, 9D2B9C8. The conference previously scheduled for April 28, 2017 is adjourned until May 4, 2017 at 2:15 p.m. in Courtroom 11D. I find that the ends of justice will be served by granting a continuance and that taking such action outweighs the best interest of the public and the defendant in a speedy trial. My reasons for this finding are that the grant of the continuance is needed to accommodate the Court schedule. Accordingly, the time between today and May 4, 2017 is excluded. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/21/2017)(bw)
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Request |
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| 75 |
Filed: 3/17/2017, Entered: 3/17/2017 |
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MEMORANDUM in Support by 203085B re 73 MOTION to Modify Conditions of Release .. (Bienert, Thomas)
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Request |
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| 74 |
Filed: 3/17/2017, Entered: 3/17/2017 |
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MEMORANDUM in Support by 9D2B9C8 re 71 FIRST MOTION to Sever Defendant .. (Mehler, Gordon)
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Request |
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| 73 |
Filed: 3/17/2017, Entered: 3/17/2017 |
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MOTION to Modify Conditions of Release . Document filed by 203085B. (Bienert, Thomas)
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Request |
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| 72 |
Filed: 3/17/2017, Entered: 3/17/2017 |
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DECLARATION of Thomas H. Bienert, Jr. in Support as to 203085B re: 67 MOTION to Sever Defendant ., 61 MOTION to Compel Government to Disclose its Witness and Exhibit Lists, to Produce Evidence, and Disclose Evidence Government Intends to Introduce at Trial., 63 MOTION for Bill of Particulars ., 65 MOTION to Dismiss Indictment as Duplicitous., 69 MOTION to Compel the Government to Disclose Information Concerning Known Government Informant & Take Possession of Recordings and Other Materials.. (Attachments: # 1 Exhibit 1, Letter Dated November 17, 2016, # 2 Exhibit 2, Letter Dated December 5, 2016, # 3 Exhibit 3, Letter Dated December 19, 2016, # 4 Exhibit 4, Letter Dated December 22, 2016, # 5 Exhibit 5, Letter Dated January 4, 2017, # 6 Exhibit 6, Letter Dated January 20, 2017, # 7 Exhibit 7, Email Dated January 31, 2017, # 8 Exhibit Letter Dated March 7, 2017, # 9 Exhibit 9, Letter Dated March 9, 2017, # 10 Exhibit 10, Transcript of Video Recording, # 11 Exhibit 11, Transcript of February 2, 2017 Hearing, # 12 Exhibit 12, New York Times Article, # 13 Exhibit 13, Article by Golodryga and Burbank dated May 16, 2008, # 14 Exhibit 14, Wall Street Journal Article, # 15 Exhibit 15, September 2011 Purchase Agreement, # 16 Exhibit 16, Letter Dated November 17, 2011, # 17 Exhibit 17, March 2012 Agreement, # 18 Exhibit 18, Order Upholding Sanctions, # 19 Exhibit 19, July 19, 2012 Email Exchange, # 20 Exhibit 20, Declaration of Sean Edrington, # 21 Exhibit 21, Excerpts from Declaration of Michael Enriquez, # 22 Exhibit 22, Excerpts of Deposition of David Molner, # 23 Exhibit 23, WhatsApp Text Messages, # 24 Exhibit 24, WhatsApp Text Messages, # 25 Exhibit 25, WhatsApp Text Messages, # 26 Exhibit 26, February 9, 2017 Email, # 27 Exhibit 27, List of Judgments, # 28 Exhibit 28, Bloomberg Corporate Summary of CHT, # 29 Exhibit 29, December 5, 2016 Press Release, # 30 Exhibit 30, Complaint (Destra v Parmar et al), # 31 Exhibit 31, Preliminary Injunction (Destra v Parmar), # 32 Exhibit 32, Law360 Article, # 33 Exhibit 33, Email Dated January 31, 2017, # 34 Exhibit 34, Excerpts Gary Hirst Trial Testimony, # 35 Exhibit 35, SEC Complaint, # 36 Exhibit 36, DOJ Press Release, # 37 Exhibit 37, SEC Press Release, # 38 Exhibit 38, Email Dated March 1, 2017, # 39 Exhibit 39, Excerpt from Declaration, # 40 Exhibit 40, Report of Incident, # 41 Exhibit 41, Screen Shots, # 42 Exhibit 42, Email Dated March 2 2012)(Bienert, Thomas)
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Request |
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| 71 |
Filed: 3/17/2017, Entered: 3/17/2017 |
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FIRST MOTION to Sever Defendant . Document filed by 9D2B9C8. (Mehler, Gordon)
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Request |
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| 70 |
Filed: 3/17/2017, Entered: 3/17/2017 |
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MEMORANDUM in Support by 203085B re 69 MOTION to Compel the Government to Disclose Information Concerning Known Government Informant & Take Possession of Recordings and Other Materials.. (Bienert, Thomas)
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Request |
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| 69 |
Filed: 3/17/2017, Entered: 3/17/2017 |
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MOTION to Compel the Government to Disclose Information Concerning Known Government Informant & Take Possession of Recordings and Other Materials. Document filed by 203085B. (Bienert, Thomas)
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Request |
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