USA v. Kolfage

Criminal Case New York Southern District Court, Case No. 1:20-cr-00412-AT
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Last Updated July 26, 2023 at 3:55 PM EDT (1.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
United States of America United States of America, Plaintiff
Officially listed as "USA"

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Nicolas Tyler Landsman-Roos +1 212 637 2421 nicolas.roos@usdoj.gov
v.
No Logo Brian Kolfage, Defendant

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

Attributes
Brian Kolfage (1)
Office Foley Square
Filed 8/17/2020
County NewYork
Terminated
Reopened
Other Court Case None
Count 1
Citation Section 18 U.S.C. § 1349.F
Offense Level 4
181349.F ATTEMPT AND CONSPIRACY TO COMMIT WIRE FRAUD
Count 2
Citation Section 18 U.S.C. § 1956-4999.F
Offense Level 4
181956-4999.F CONSPIRACY TO COMMIT MONEY LAUNDERING -
Defendant Custody Status
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Legal Document (Payment Possibly Required) 410 Filed: 7/26/2023, Entered: None Order
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Legal Document (Payment Possibly Required) 403 Filed: 6/23/2023, Entered: None Order on Letter Motion
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Legal Document (Payment Possibly Required) 402 Filed: 6/22/2023, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 278 Filed: 9/12/2022, Entered: None Notice of Attorney Appearance - USA
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Legal Document (Payment Possibly Required) 275 Filed: 9/6/2022, Entered: None Order
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Legal Document (Payment Possibly Required) 265 Filed: 8/10/2022, Entered: None Notice of Attorney Appearance - USA
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Legal Document (Payment Possibly Required) 264 Filed: 8/10/2022, Entered: None Order on Letter Motion
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Legal Document (Payment Possibly Required) 263 Filed: 8/9/2022, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 262 Filed: 8/9/2022, Entered: None Order on Letter Motion
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Legal Document (Payment Possibly Required) 261 Filed: 7/28/2022, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 258 Filed: 7/14/2022, Entered: None Order
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Legal Document (Payment Possibly Required) 197 Filed: 5/2/2022, Entered: None Notice of Filing Transcript
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Legal Document (Payment Possibly Required) 196 Filed: 5/2/2022, Entered: None Transcript
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Legal Document (Payment Possibly Required) 180 Filed: 4/22/2022, Entered: None Order
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Legal Document (Payment Possibly Required) 176 Filed: 4/20/2022, Entered: None Order
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Legal Document (Payment Possibly Required) 164 Filed: 4/6/2022, Entered: None Letter
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Legal Document (Payment Possibly Required) 163 Filed: 4/5/2022, Entered: None Order
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Legal Document (Payment Possibly Required) 162 Filed: 4/4/2022, Entered: None Order
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Legal Document (Payment Possibly Required) 160 Filed: 3/28/2022, Entered: None Order
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Legal Document (Payment Possibly Required) 159 Filed: 3/25/2022, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 157 Filed: 3/14/2022, Entered: None Order on Letter Motion
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Legal Document (Payment Possibly Required) 156 Filed: 3/14/2022, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 155 Filed: 3/11/2022, Entered: None Order on Letter Motion
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Legal Document (Payment Possibly Required) 154 Filed: 3/10/2022, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 152 Filed: 3/8/2022, Entered: None Order
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Legal Document (Payment Possibly Required) 150 Filed: 2/14/2022, Entered: None Memo Endorsement
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Legal Document (Payment Possibly Required) 149 Filed: 2/14/2022, Entered: None Letter
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Legal Document (Payment Possibly Required) 148 Filed: 2/9/2022, Entered: None Order
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Legal Document (Payment Possibly Required) 147 Filed: 2/7/2022, Entered: None Order on Letter Motion
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Legal Document (Payment Possibly Required) 146 Filed: 2/6/2022, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 145 Filed: 1/13/2022, Entered: None Order
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Legal Document (Payment Possibly Required) 143 Filed: 12/29/2021, Entered: None Order on Letter Motion
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Legal Document (Payment Possibly Required) 142 Filed: 12/29/2021, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 140 Filed: 12/2/2021, Entered: None Order on Letter Motion
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Legal Document (Payment Possibly Required) 139 Filed: 12/2/2021, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 138 Filed: 11/29/2021, Entered: None Notice of Attorney Appearance - Defendant
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Legal Document (Payment Possibly Required) 137 Filed: 11/18/2021, Entered: None Notice of Change of Address
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Legal Document (Payment Possibly Required) 134 Filed: 11/9/2021, Entered: None Order on Letter Motion
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Legal Document (Payment Possibly Required) 133 Filed: 11/8/2021, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 132 Filed: 10/7/2021, Entered: None Order on Letter Motion
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Legal Document (Payment Possibly Required) 131 Filed: 10/6/2021, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 130 Filed: 8/26/2021, Entered: None Endorsed Letter
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Legal Document (Payment Possibly Required) 127 Filed: 8/20/2021, Entered: None Withdraw as Attorney
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Legal Document (Payment Possibly Required) 126 Filed: 8/20/2021, Entered: None Order on Letter Motion
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Legal Document (Payment Possibly Required) 125 Filed: 8/20/2021, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 124 Filed: 8/19/2021, Entered: None Notice of Attorney Appearance - Defendant
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Legal Document (Payment Possibly Required) 123 Filed: 8/10/2021, Entered: None Letter
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Legal Document (Payment Possibly Required) 122 Filed: 7/21/2021, Entered: None Letter
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Legal Document (Payment Possibly Required) 121 Filed: 7/12/2021, Entered: None USCA Mandate - Final Judgment Appeal
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Legal Document (Payment Possibly Required) 118 Filed: 6/3/2021, Entered: None Letter
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Legal Document (Payment Possibly Required) 117 Filed: 5/25/2021, Entered: 5/25/2021 Memorandum and OpinionCourt Filing
MEMORANDUM & ORDER as to Stephen Bannon re: [101] MOTION to Dismiss filed by Stephen Bannon. For the reasons stated above, Bannon's motion is GRANTED and the Indictment is DISMISSED as to him, pursuant to paragraph one of the Pardon (Signed by Judge Analisa Torres on 5/25/21)(jw)
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Legal Document (Payment Possibly Required) 116 Filed: 5/14/2021, Entered: 5/14/2021 order on motion to modify conditions of releaseCourt Filing
MEMO ENDORSEMENT granting [114] Motion to Modify Conditions of Release as to Andrew Badolato (3).... Accordingly, we respectfully request a permanent modification to Mr. Badolato's pretrial release conditions to allow him to travel within the continental United States. All travel outside of the Middle District of Florida, where Mr. Badolato currently resides, will be subject to preapproval and monitoring by his supervising Pretrial Services Officer, Jim Haskett. Pretrial Services has advised that it has no objections to this modification. We have also advised government counsel of this modification and AUSA Robert Sobelman has advised that the Government has no objection. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 5/14/2021) (bw)
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Legal Document (Payment Possibly Required) 115 Filed: 5/13/2021, Entered: 5/13/2021 Order on Letter Motion
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Legal Document (Payment Possibly Required) 114 Filed: 5/13/2021, Entered: 5/13/2021, Terminated: 5/14/2021 motion to modify conditions of release
MOTION to Modify Conditions of Release . Document filed by Andrew Badolato. (Stein, Daniel)
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Legal Document (Payment Possibly Required) 113 Filed: 5/12/2021, Entered: 5/12/2021, Terminated: 5/13/2021 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated May 12, 2021 re: Trial Date and Exclusion of Time Under the Speedy Trial Act . Document filed by USA as to Brian Kolfage, Andrew Badolato, Timothy Shea. (Sobelman, Robert)
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Legal Document (Payment Possibly Required) 112 Filed: 5/6/2021, Entered: 5/6/2021 LetterCourt Filing
LETTER by USA as to Brian Kolfage addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated May 6, 2021 re: United States v. Brian G. Kolfage, 21 Cr. 29 (MCR) (N.D. Fla.) Document filed by USA. (Sobelman, Robert)
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Legal Document (Payment Possibly Required) 111 Filed: 5/5/2021, Entered: 5/5/2021 Order on motion to amend/correctCourt Filing
ORDER - Defendant Brian Kolfage moves for an order modifying the post-indictment restraining order issued on August 24, 2020, which prohibits the transfer of certain funds involved in his charged offenses (the "Restraining Order"), ECF No. 64. Alternatively, he requests a hearing to challenge the Courts finding that there was probable cause for the issuance of the Restraining Order, ECF No. 77. For the reasons stated below, Kolfage's motions are DENIED without prejudice. By May 19, 2021, Kolfage may submit evidence demonstrating that he meets the threshold for a Monsanto hearing, along with a motion to seal the affidavit from the public if desired. (Signed by Judge Analisa Torres on 5/5/21) (jw)
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Legal Document (Payment Possibly Required) 110 Filed: 4/29/2021, Entered: 4/29/2021 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The conference scheduled for May 3, 2021, is hereby ADJOURNED to July 21, 2021, at 1:00 p.m., and will proceed using the Courts videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176 (S.D.N.Y. Mar. 11, 2021), ECF No. 5 (Criminal proceedings "cannot in all instances be conducted in person without seriously jeopardizing public health and safety... video teleconferencing, or telephone conferencing if video conferencing is not reasonably available, may be used in such proceedings with the consent of the defendant"). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conferencewhether in listen-only mode or otherwiseare reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Status Conference set for 7/21/2021 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 4/29/2021) (lnl)
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Legal Document (Payment Possibly Required) 109 Filed: 4/20/2021, Entered: 4/20/2021 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The Court has reviewed the parties' letter dated April 14, 2021, setting forth their available dates for trial, ECF No. 108. Due to conflicts in the Court's and the parties' availability in the third quarter of 2021, the Court, utilizing the procedures within this District governing the scheduling of jury trials during the COVID-19 pandemic, will instead seek to schedule a jury trial for the fourth calendar quarter of 2021. By July 16, 2021, the parties shall submit blackout dates for trial. (Signed by Judge Analisa Torres on 4/20/2021)(ap)
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Legal Document (Payment Possibly Required) 108 Filed: 4/14/2021, Entered: 4/14/2021 LetterCourt Filing
LETTER by USA as to Brian Kolfage, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated April 14, 2021 re: The Parties' Availability for Trial in Q3 2021 Document filed by USA. (Sobelman, Robert)
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Legal Document (Payment Possibly Required) 107 Filed: 4/8/2021, Entered: 4/8/2021 Reply to Response to motionCourt Filing
LETTER REPLY TO RESPONSE to Motion by Stephen Bannon addressed to Judge Analisa Torres from Robert J. Costello dated April 8, 2021 re [101] MOTION to Dismiss .. (Attachments: # (1) Exhibit Exhibit 1 to Stephen Bannon Reply Letter)(Costello, Robert)
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Legal Document (Payment Possibly Required) 106 Filed: 4/1/2021, Entered: 4/1/2021 Response to motion
RESPONSE to Motion by USA as to Stephen Bannon re: [101] MOTION to Dismiss .. (Roos, Nicolas)
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Legal Document (Payment Possibly Required) 105 Filed: 3/24/2021, Entered: 3/24/2021 order on motion to modify conditions of releaseCourt Filing
MEMO ENDORSEMENT [104] Motion to Modify Conditions of Release as to Andrew Badolato to travel to the Middle District of Tennessee between March 29, 2021, and April 6, 2021, as described above...ENDORSEMENT...Granted (Signed by Judge Analisa Torres on 3/24/21) (jw)
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Legal Document (Payment Possibly Required) 104 Filed: 3/24/2021, Entered: 3/24/2021, Terminated: 3/24/2021 motion to modify conditions of release
MOTION to Modify Conditions of Release . Document filed by Andrew Badolato as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. (Stein, Daniel)
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Legal Document (Payment Possibly Required) 102 Filed: 3/18/2021, Entered: 3/18/2021 memorandum in support of motion
MEMORANDUM in Support by Stephen Bannon as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea re [101] MOTION to Dismiss .. (Costello, Robert)
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Legal Document (Payment Possibly Required) 101 Filed: 3/18/2021, Entered: 3/18/2021 Motion to Dismiss
MOTION to Dismiss . Document filed by Stephen Bannon as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. (Attachments: # (1) Affidavit Affidavit In Support of Defendant's Motion, # (2) Exhibit Exhibit 1, # (3) Exhibit Exhibit 2, # (4) Exhibit Exhibit 3, # (5) Exhibit Exhibit 4, # (6) Exhibit Exhibit 5, # (7) Exhibit Exhibit 6)(Costello, Robert)
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Legal Document (Payment Possibly Required) 100 Filed: 3/16/2021, Entered: 3/16/2021 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The conference scheduled for March 23, 2021, is hereby ADJOURNED to May 3, 2021, at 1:00 p.m., and will proceed using the Courts videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 5 (S.D.N.Y. Mar. 11, 2021) (Criminal proceedings "cannot in all instances be conducted in person without seriously jeopardizing public health and safety... video teleconferencing, or telephone conferencing if video conferencing is not reasonably available, may be used in such proceedings with the consent of the defendant"). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conferencewhether in listen-only mode or otherwiseare reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Status Conference set for 5/3/2021 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 3/16/2021) (lnl)
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Legal Document (Payment Possibly Required) 98 Filed: 3/8/2021, Entered: 3/8/2021 OrderCourt Filing
ORDER as to Stephen Bannon. By letters dated February 18 and March 1, 2021, ECF Nos. 88, 89, Defendant Stephen Bannon requests that the Court exonerate his bail and bail conditions in light of the pardon granted to him by former President Donald J. Trump, ECF No. 79. By letters dated February 25 and March 5, 2021, the Government indicates its consent to this request. ECF Nos. 86, 92. Accordingly, Bannons request is GRANTED. U.S. Pretrial Services or any other agency that has custody of Bannons passport is directed to return it to him. In addition, the Government agrees to return any of Bannon's personal property in its possession without evidentiary value. ECF Nos. 89, 92. Accordingly, Bannon's request for the return of such property is GRANTED. To the extent that such property has not yet been returned, the Government is directed to do so (Signed by Judge Analisa Torres on 3/8/21)(jw)
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Legal Document (Payment Possibly Required) 97 Filed: 3/8/2021, Entered: 3/8/2021 Order on Letter MotionCourt Filing
MEMO ENDORSEMENT [95] LETTER MOTION Mr. Kolfage wishes to travel by automobile to Orlando, Florida, which is in the Middle District of Florida, with his wife and children for the children's spring break. They plan to leave for this trip on March 16 and return to his residence on March 20, 2021....ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Analisa Torres on 3/8/21) (jw)
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Legal Document (Payment Possibly Required) 96 Filed: 3/8/2021, Entered: 3/8/2021 response in opposition to motionCourt Filing
LETTER RESPONSE in Opposition by USA as to Brian Kolfage addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated March 8, 2021 re: [77] MOTION to Amend/Correct [64] Order,,. /Modify Post-Indictment Restraining Order and Request for Hearing. (Sobelman, Robert)
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Legal Document (Payment Possibly Required) 95 Filed: 3/5/2021, Entered: 3/5/2021, Terminated: 3/8/2021 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Analisa Torres from Harvey A. Steinberg dated March 5, 2021 re: Request to Modify Pretrial Release Travel Condition . Document filed by Brian Kolfage. (Steinberg, Harvey)
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Legal Document (Payment Possibly Required) 94 Filed: 3/5/2021, Entered: 3/5/2021 Memo EndorsementCourt Filing
MEMO ENDORSEMENT as to Brian Kolfage granting [93] CONSENT LETTER MOTION addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated March 5, 2021 re: Leave to File Response. ENDORSEMENT: GRANTED. By March 11, 2021, the Government shall file its sur-reply. SO ORDERED. (Surreplies due by 3/11/2021) (Signed by Judge Analisa Torres on 3/5/2021) (lnl)
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Legal Document (Payment Possibly Required) 93 Filed: 3/5/2021, Entered: 3/5/2021, Terminated: 3/5/2021 Letter MotionCourt Filing
CONSENT LETTER MOTION addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated March 5, 2021 re: Leave to File Response . Document filed by USA as to Brian Kolfage. (Sobelman, Robert)
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Legal Document (Payment Possibly Required) 92 Filed: 3/5/2021, Entered: 3/5/2021 LetterCourt Filing
LETTER by USA as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Alison Moe, Robert Sobelman, and Nicolas Roos dated March 5, 2021 re: response to March 1, 2021 letter Document filed by USA. (Moe, Alison)
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Legal Document (Payment Possibly Required) 91 Filed: 3/4/2021, Entered: 3/4/2021 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support as to Brian Kolfage re: [77] MOTION to Amend/Correct [64] Order,,. /Modify Post-Indictment Restraining Order and Request for Hearing . (Steinberg, Harvey)
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Legal Document (Payment Possibly Required) 90 Filed: 3/2/2021, Entered: 3/2/2021 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The trial scheduled for May 24, 2021, is ADJOURNED sine die. The Court, utilizing the procedures within this District governing the scheduling of jury trials during the COVID-19 pandemic, will seek to schedule a jury trial for the third calendar quarter of 2021. By April 15, 2021, the parties shall submit blackout dates for trial. SO ORDERED. (Signed by Judge Analisa Torres on 3/2/2021) (lnl)
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Legal Document (Payment Possibly Required) 89 Filed: 3/2/2021, Entered: 3/2/2021 LetterCourt Filing
LETTER by Stephen Bannon as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Robert J. Costello dated March 1, 2021 re: Stephen Bannon Document filed by Stephen Bannon. (Costello, Robert)
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Legal Document (Payment Possibly Required) 88 Filed: 3/2/2021, Entered: 3/2/2021 LetterCourt Filing
LETTER by Stephen Bannon as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Robert J. Costello dated February 18, 2021 re: Stephen Bannon Document filed by Stephen Bannon. (Costello, Robert)
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Legal Document (Payment Possibly Required) 87 Filed: 2/26/2021, Entered: 2/26/2021 OrderCourt Filing
ORDER as to Stephen Bannon. The Court has reviewed Defendant Stephen Bannon's letter dated February 18, 2021 (the "Letter"), transmitted to the Court via email, and the Government's response, ECF No. 86. Accordingly, By March 5, 2021, Bannon shall file the Letter on the docket, or move to file it under seal; By March 19, 2021, Bannon shall file his motion to dismiss; By April 2, 2021, the Government shall file its opposition; and By April 9, 2021, Bannon shall file his reply, if any (Defendant Motions due by 3/19/2021., Defendant Replies due by 4/9/2021., Government Responses due by 4/2/2021) (Signed by Judge Analisa Torres on 2/26/21)(jw)
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Legal Document (Payment Possibly Required) 86 Filed: 2/25/2021, Entered: 2/25/2021 LetterCourt Filing
LETTER by USA as to Stephen Bannon addressed to Judge Analisa Torres from Nicolas Roos, Alison Moe, and Robert Sobelman dated February 25, 2021 re: Stephen Bannon's Request for Dismissal of the Indictment Document filed by USA. (Roos, Nicolas)
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Legal Document (Payment Possibly Required) 85 Filed: 2/24/2021, Entered: 2/24/2021 Order on Letter MotionCourt Filing
MEMO ENDORSEMENT [82] LETTER MOTION We accordingly request that the Court permit Mr. Kolfage until March 4, 2021 to file a reply to the Governments opposition and in further support of his motion re: [82] LETTER MOTION addressed to Judge Analisa Torres from Harvey A. Steinberg dated February 23, 2021 re: [80] Memorandum in Opposition to Motion re: Request for Enlargement of Time to File Reply RE: Motion to Modify Restraining Order ...ENDORSEMENT..Granted. By March 4, 2021, Defendant Kolfage shall reply to Government's opposition to his motion to modify the post-indictment restraining order (Signed by Judge Analisa Torres on 2/24/21) (jw)
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Legal Document (Payment Possibly Required) 82 Filed: 2/24/2021, Entered: 2/24/2021, Terminated: 2/24/2021 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Analisa Torres from Harvey A. Steinberg dated February 23, 2021 re: [80] Memorandum in Opposition to Motion re: Request for Enlargement of Time to File Reply RE: Motion to Modify Restraining Order . Document filed by Brian Kolfage. (Steinberg, Harvey)
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Blank  Filed: None, Entered: None set/reset deadlines/hearings
Set/Reset Deadlines/Hearings as to Brian Kolfage: Defendant Replies due by 3/4/2021 (jw)
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Legal Document (Payment Possibly Required) 81 Filed: 2/18/2021, Entered: 2/18/2021 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The conference scheduled for February 22, 2021, is hereby ADJOURNED to March 23, 2021, at 1:00 p.m., and will proceed using the Court's videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 4 (S.D.N.Y. Dec. 18, 2020) (Criminal proceedings "cannot be conducted in person without seriously jeopardizing public health and safety, and thus video teleconferencing, or telephone conferencing if video conferencing is not reasonably available, may be used in such proceedings with the consent of the defendant"). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conferencewhether in listen-only mode or otherwiseare reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Status Conference set for 3/23/2021 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 2/18/2021) (lnl)
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Legal Document (Payment Possibly Required) 80 Filed: 2/18/2021, Entered: 2/18/2021 MEMORANDUM in Opposition to Motion
MEMORANDUM in Opposition by USA as to Brian Kolfage re [77] MOTION to Amend/Correct [64] Order,,. /Modify Post-Indictment Restraining Order and Request for Hearing. (Sobelman, Robert)
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Legal Document (Payment Possibly Required) 78 Filed: 2/4/2021, Entered: 2/4/2021 Memo EndorsementCourt Filing
ORDER as to Brian Kolfage on re: [77] The Court has reviewed Defendant Kolfage's motion to modify the post-indictment restraining order. ECF No. 77. By February 18, 2021, the Government shall respond (Government Responses due by 2/18/2021) (Signed by Judge Analisa Torres on 2/4/21)(jw)
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Legal Document (Payment Possibly Required) 77 Filed: 2/3/2021, Entered: 2/3/2021, Terminated: 5/5/2021 Motion to Amend/Correct
MOTION to Amend/Correct [64] Order,,. /Modify Post-Indictment Restraining Order and Request for Hearing Document filed by Brian Kolfage. (Attachments: # (1) Exhibit Declaration of Brian Kolfage)(Steinberg, Harvey)
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Legal Document (Payment Possibly Required) 79 Filed: 1/19/2021, Entered: 2/11/2021 Remark
Full and Unconditional Pardon by USA as to Stephen Bannon. The President of the United States has GRANTED unto Stephen Bannon a Full and unconditional Pardon for offenses charged in the Unites States District Court for the Southern District of New York in indictment 20cr412. For any other offenses under Chapter 95 of Title 18, United States Code that might arise, or be charged, in connection with the offenses alleged in the aforementioned indictment in the United States District Court for the Southern District of New York, or any other federal jurisdiction. The President has designated, directed and empowered the Acting Pardon Attorney, as his representative to execute this grant of executive clemency. (jm)
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Legal Document (Payment Possibly Required) 76 Filed: 1/8/2021, Entered: 1/8/2021 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. Notice is hereby given that an official transcript of a Conference proceeding held on 12/17/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 75 Filed: 1/8/2021, Entered: 1/8/2021 transcriptCourt Filing
TRANSCRIPT of Proceedings as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea re: Conference held on 12/17/20 before Judge Analisa Torres. Court Reporter/Transcriber: Rebecca Forman, (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 1/29/2021. Redacted Transcript Deadline set for 2/8/2021. Release of Transcript Restriction set for 4/8/2021. (McGuirk, Kelly)
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Blank  Filed: None, Entered: None USCA Case Number
USCA Case Number 20-4274 from the USCA 2nd Circuit as to Brian Kolfage, assigned to [73] Notice of Appeal - Final Judgment filed by Kris Kobach, We Build the Wall, Inc. (tp)
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Blank  Filed: None, Entered: None USCA Appeal Fees
USCA Appeal Fees received $ 505.00, receipt number 465401271433 as to Brian Kolfage re: [73] Notice of Appeal - Final Judgment, filed by Kris Kobach, We Build the Wall, Inc. (tp)
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Legal Document (Payment Possibly Required) 74 Filed: 12/28/2020, Entered: 12/28/2020 Internet Citation
INTERNET CITATION NOTE as to Brian Kolfage: Material from decision with Internet citation re: [63] Order, Terminate Motions. (sjo)
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Blank  Filed: None, Entered: None Appeal Record Sent to USCA - Electronic File
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to [73] Notice of Appeal by Kris Kobach, We Build the Wall, Inc. were transmitted to the U.S. Court of Appeals. (nd)
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Blank  Filed: None, Entered: None transmission of notice of appeal and docket sheet to USCA
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [73] Notice of Appeal by Kris Kobach, We Build the Wall, Inc.. (nd)
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Legal Document (Payment Possibly Required) 73 Filed: 12/27/2020, Entered: 12/28/2020 NOTICE OF APPEAL- Final Judgment
NOTICE OF APPEAL by Kris Kobach, We Build the Wall, Inc. from [63] Order. (nd)
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Blank  Filed: None, Entered: None Appeal Remark
Appeal Remark as to We Build the Wall, Inc., and Kris Kobach, nonpartymovants re: [73] Notice of Appeal. $505.00 APPEAL FILING FEE DUE. (nd)
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Legal Document (Payment Possibly Required) 72 Filed: 12/18/2020, Entered: 12/18/2020 OrderCourt Filing
CONSENT TO PROCEED BY VIDEOCONFERENCE as to Timothy Shea. This proceeding was conducted by reliable videoconferencing technology. (Signed by Judge Analisa Torres on 12/18/2020)(bw)
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Legal Document (Payment Possibly Required) 71 Filed: 12/17/2020, Entered: 12/17/2020 OrderCourt Filing
CONSENT TO PROCEED BY VIDEOCONFERENCE as to Stephen Bannon. (Signed by Judge Analisa Torres on 12/17/2020) (ap)
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Legal Document (Payment Possibly Required) 70 Filed: 12/17/2020, Entered: 12/17/2020 OrderCourt Filing
CONSENT TO PROCEED BY VIDEOCONFERENCE as to Brian Kolfage. (Signed by Judge Analisa Torres on 12/17/2020) (ap)
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Legal Document (Payment Possibly Required) 69 Filed: 12/17/2020, Entered: 12/17/2020 OrderCourt Filing
CONSENT TO PROCEED BY VIDEOCONFERENCE as to Andrew Badolato. (Signed by Judge Analisa Torres on 12/17/2020) (ap)
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Legal Document (Payment Possibly Required) 68 Filed: 12/17/2020, Entered: 12/17/2020 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, Pub. L. No 116182, 134 Stat. 894 (Oct. 21, 2020), to confirm the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations (Signed by Judge Analisa Torres on 12/17/2020) (See ORDER set forth) (ap)
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Blank  Filed: None, Entered: None Status Conference
Minute Entry for proceedings held before Judge Analisa Torres: Status Conference as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea held on 12/17/2020. Status Conference held for Defendants via videoconference. AUSA Robert Sobelman present for the the Government via video. Defense counsel Harvey Steinberg present with Defendant Brian Kolfage; defense counsel William Burck present with Defendant Stephen Bannon; defense counsel Daniel Stein present with Defendant Andrew Badolato; CJA attorney John Meringolo present with Defendant Timothy Shea all via video. Counsel Robert Costello present via video. Court reporter present via audio. William Burck and Daniel Koffmanns motion to withdraw as counsel for Defendant Bannon, ECF No. 55, is GRANTED for the reasons stated on the record. William Burck is relieved as counsel of record for Defendant Bannon, and Robert Costello is substituted as counsel of record. Status conference set for February 22, 2021, at 1:00 p.m., at which time Defendants shall indicate if they plan to file any motions. Time continues to be excluded under the Speedy Trial Act until May 24, 2021, for the reasons stated on the record. (Status Conference set for 2/22/2021 at 01:00 PM before Judge Analisa Torres ) (ap)
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Sealed Legal Document 67 Filed: 12/15/2020, Entered: 12/15/2020, Terminated: 5/25/2021 Motion for Miscellaneous Relief
NON-PARTIES' MOTION TO MODIFY SEALED POST-INDICTMENT RESTRAINING ORDER, OR FOR DISCLOSURE AND A HEARING. Document filed by Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. (Previously filed under seal) (ap)
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Sealed Legal Document 66 Filed: 12/15/2020, Entered: 12/15/2020 Declaration in Support of MotionCourt Filing
DECLARATION of JUSTIN S. WEDDLE IN SUPPORT OF MOTION TO MODIFY OR FOR DISCLOSURE AND A HEARING as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea re: [61] LETTER MOTION addressed to Judge Analisa Torres from Harvey A. Steinberg dated December 4, 2020 re: Disclosure of Non-Parties' Motion to Modify Restraining Order. (Previously filed under seal) (ap) Modified on 12/15/2020 (ap). (Additional attachment(s) added on 2/26/2021: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G) (bw).
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Sealed Legal Document 65 Filed: 12/15/2020, Entered: 12/15/2020 Endorsed LetterCourt Filing
ENDORSED LETTER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Wedale, PLLC dated 10/13/2020 re: Party writes for permission to file certain documents under seal.ENDORSEMENT: Granted. Non-parties Krish Kobach and We build the Wall, Inc. shall file their proposed motion to modify the order and supporting documents under seal. (Signed by Judge Analisa Torres on 10/13/2020) (Previously filed under seal) (ap)
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Legal Document (Payment Possibly Required) 64 Filed: 12/14/2020, Entered: 12/15/2020 Order
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Legal Document (Payment Possibly Required) 63 Filed: 12/14/2020, Entered: 12/14/2020 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: Shea's motion to transfer is DENIED. We Build the Wall and Kobach's motion to intervene and to unseal the Restraining Order Application and the Pittenger Affidavit is DENIED. The Restraining Order shall be UNSEALED. The Clerk of Court is directed to unseal: (1) the Restraining Order and (2) We Build the Wall's motion, ECF No. 38. The Clerk of Court is further directed to terminate the motions at ECF Nos. 38 and 44. (Signed by Judge Analisa Torres on 12/14/2020) (ap)
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Blank  Filed: None, Entered: None Transmission to Sealed Records Clerk
Transmission to Sealed Records Clerk: as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. Transmitted re: [63] Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (ap)
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Legal Document (Payment Possibly Required) 62 Filed: 12/11/2020, Entered: 12/11/2020 notice of attorney appearance - defendant
NOTICE OF ATTORNEY APPEARANCE: Robert Joseph Costello appearing for Stephen Bannon. Appearance Type: Retained. (Costello, Robert)
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Legal Document (Payment Possibly Required) 61 Filed: 12/7/2020, Entered: 12/7/2020 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Analisa Torres from Harvey A. Steinberg dated December 4, 2020 re: Disclosure of Non-Parties' Motion to Modify Restraining Order . Document filed by Brian Kolfage. (Steinberg, Harvey)
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Legal Document (Payment Possibly Required) 60 Filed: 12/7/2020, Entered: 12/7/2020 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The conference scheduled for December 16, 2020, is hereby ADJOURNED to December 17, 2020, at 1:00 p.m., and will proceed using the Court's videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 2 (S.D.N.Y. Sept. 16, 2020) ("[C]onditions, which are unlikely to be alleviated in the near future, make it impossible for the judges in this District to conduct all criminal proceedings in person in the courthouses," including "[a]rraignments under Rule 10 of the Federal Rules of Criminal Procedure."). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conferencewhether in listen-only mode or otherwiseare reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Status Conference set for 12/17/2020 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 12/7/2020) (lnl)
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Legal Document (Payment Possibly Required) 59 Filed: 12/4/2020, Entered: 12/4/2020 LetterCourt Filing
LETTER by Kris Kobach, We Build the Wall, Inc. as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Justin S. Weddle dated December 4, 2020 re: Possible Video appearance if motion to be discussed at conference Document filed by Kris Kobach, We Build the Wall, Inc.. (Weddle, Justin)
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Legal Document (Payment Possibly Required) 58 Filed: 11/30/2020, Entered: 11/30/2020 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The conference scheduled for December 2, 2020, is hereby ADJOURNED to December 16, 2020, at 1:00 p.m., and will proceed using the Court's videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 2 (S.D.N.Y. Sept. 16, 2020) ("[C]onditions, which are unlikely to be alleviated in the near future, make it impossible for the judges in this District to conduct all criminal proceedings in person in the courthouses," including "[a]rraignments under Rule 10 of the Federal Rules of Criminal Procedure."). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conference whether in listen-only mode or otherwise are reminded that recording or rebroadcasting of the proceeding is prohibited by law. (Status Conference set for 12/16/2020 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 11/30/2020) (ap) Modified on 12/3/2020 (ap).
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Legal Document (Payment Possibly Required) 57 Filed: 11/29/2020, Entered: 11/29/2020 Response to motionCourt Filing
LETTER RESPONSE to Motion by USA as to Stephen Bannon addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated November 29, 2020 re: [55] MOTION for William A. Burck and Daniel R. Koffmann to Withdraw as Attorney .. (Sobelman, Robert)
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Legal Document (Payment Possibly Required) 56 Filed: 11/25/2020, Entered: 11/25/2020 Declaration in Support of Motion
DECLARATION of William A. Burck in Support as to Stephen Bannon re: [55] MOTION for William A. Burck and Daniel R. Koffmann to Withdraw as Attorney .. (Burck, William)
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Legal Document (Payment Possibly Required) 55 Filed: 11/25/2020, Entered: 11/25/2020, Terminated: 5/25/2021 Motion to withdraw as attorney
MOTION for William A. Burck and Daniel R. Koffmann to Withdraw as Attorney . Document filed by Stephen Bannon. (Burck, William)
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Legal Document (Payment Possibly Required) 54 Filed: 11/17/2020, Entered: 11/17/2020 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support as to Timothy Shea re: [44] FIRST MOTION to Transfer Case . . (Meringolo, John)
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Legal Document (Payment Possibly Required) 53 Filed: 11/13/2020, Entered: 11/13/2020 Notice - Other
NOTICE of limited appearance on behalf of non-party Kris Kobach as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea (Weddle, Justin)
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Legal Document (Payment Possibly Required) 52 Filed: 11/13/2020, Entered: 11/13/2020 Reply Memorandum of Law
REPLY MEMORANDUM OF LAW by Kris Kobach as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea re: [42] Memorandum of Law in Opposition filed by USA Re Request to Modify Restraining Order. (Weddle, Justin)
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Legal Document (Payment Possibly Required) 51 Filed: 11/13/2020, Entered: 11/13/2020 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: On November 2, 2020, the Court ordered non-parties Kris Kobach and We Build the Wall, Inc. (the Non-Parties) to file their reply brief to the Government's response at ECF No. 42 on the public docket by November 2, 2020. ECF No. 43. Due to the technical limitations of the electronic docket, Non-Parties were unable to do so, but provided the reply to the Court and the Government by e-mail on November 2, 2020. That e-mail shall be considered a timely reply pursuant to the Court's order. As soon as possible, Non-Parties shall file the reply brief on the public docket. (Signed by Judge Analisa Torres on 11/13/2020) (ap)
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Legal Document (Payment Possibly Required) 50 Filed: 11/12/2020, Entered: 11/12/2020 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: (Status Conference set for 12/2/2020 at 03:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 11/12/2020) (ap)
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Legal Document (Payment Possibly Required) 49 Filed: 11/12/2020, Entered: 11/12/2020 MEMORANDUM in Opposition to Motion
MEMORANDUM in Opposition by USA as to Timothy Shea re [44] FIRST MOTION to Transfer Case .. (Sobelman, Robert)
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Legal Document (Payment Possibly Required) 48 Filed: 11/6/2020, Entered: 11/6/2020 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. On November 6, 2020, Defendant Bannon requested an adjournment of the status conference scheduled for November 9, 2020, to allow for his current counsel to withdraw and for him to retain new counsel. ECF No. 47. This request was unopposed. Id. The conference scheduled for November 6, 2020, is hereby ADJOURNED to December 2, 2020, at 1:00 p.m. using the Court's videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 2 (S.D.N.Y. Sept. 16, 2020) ("[C]onditions, which are unlikely to be alleviated in the near future, make it impossible for the judges in this District to conduct all criminal proceedings in person in the courthouses," including "[a]rraignments under Rule 10 of the Federal Rules of Criminal Procedure."). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conference whether in listen-only mode or otherwise are reminded that recording or rebroadcasting of the proceeding is prohibited by law. (Status Conference set for 12/2/2020 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 11/6/2020) (ap) Modified on 11/9/2020 (ap).
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Legal Document (Payment Possibly Required) 47 Filed: 11/6/2020, Entered: 11/6/2020, Terminated: 11/6/2020 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Analisa Torres from William A. Burck dated November 6, 2020 re: Adjournment of Status Conference Scheduled for November 9, 2020 ., MOTION for Conference . Document filed by Stephen Bannon. (Burck, William)
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Legal Document (Payment Possibly Required) 46 Filed: 11/5/2020, Entered: 11/5/2020 OrderCourt Filing
ORDER as to Timothy Shea: On November 5, 2020, Defendant Shea filed a motion to transfer. ECF No. 44. By November 12, 2020, the Government shall reply to this motion. The Government shall be prepared to state its position on the motion at the status conference scheduled for November 9, 2020. (Responses due by 11/12/2020) (Signed by Judge Analisa Torres on 11/5/2020) (ap)
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Legal Document (Payment Possibly Required) 45 Filed: 11/5/2020, Entered: 11/5/2020 memorandum in support of motion
MEMORANDUM in Support by Timothy Shea re [44] FIRST MOTION to Transfer Case .. to Different Venue (Meringolo, John)
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Legal Document (Payment Possibly Required) 44 Filed: 11/5/2020, Entered: 11/5/2020, Terminated: 12/14/2020 Motion to transfer case
FIRST MOTION to Transfer Case . Document filed by Timothy Shea. (Meringolo, John)
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Legal Document (Payment Possibly Required) 43 Filed: 11/2/2020, Entered: 11/2/2020 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The Court has reviewed a letter dated October 29, 2020, submitted by non-parties We Build the Wall, Inc. and Kris Kobach (together, "Non-Parties"). By November 2, 2020, Non-Parties shall file their reply to the Governments opposition to their motion to modify the sealed post-indictment restraining order. Non-Parties shall file the reply on the public docket. (Signed by Judge Analisa Torres on 11/2/2020) (ap)
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Legal Document (Payment Possibly Required) 42 Filed: 10/27/2020, Entered: 10/27/2020 Memorandum of Law in Opposition
MEMORANDUM OF LAW in Opposition by USA as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea . (Sobelman, Robert)
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Legal Document (Payment Possibly Required) 41 Filed: 10/20/2020, Entered: 10/20/2020 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: On October 20, 2020, counsel for Defendant Bannon requested an adjournment of the status conference scheduled for October 26, 2020, due to a scheduling conflict. ECF No. 40. This request was unopposed. Id. The conference scheduled for October 26, 2020, is hereby ADJOURNED to November 9, 2020, at 1:00 p.m. using the Court's videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 2 (S.D.N.Y. Sept. 16, 2020) ("[C]onditions, which are unlikely to be alleviated in the near future, make it impossible for the judges in this District to conduct all criminal proceedings in person in the courthouses," including "[a]rraignments under Rule 10 of the Federal Rules of Criminal Procedure."). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conference whether in listen-only mode or otherwise are reminded that recording or rebroadcasting of the proceeding is prohibited by law. (Pretrial Conference set for 11/9/2020 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 10/20/2020) (ap) Modified on 10/21/2020 (ap).
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Legal Document (Payment Possibly Required) 40 Filed: 10/20/2020, Entered: 10/20/2020, Terminated: 10/20/2020 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Analisa Torres from William A. Burck dated October 20, 2020 re: [39] Order,,,, Set Deadlines/Hearings,,, re: Request for Adjournment of October 26 Status Conference . Document filed by Stephen Bannon. (Burck, William)
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Legal Document (Payment Possibly Required) 39 Filed: 10/19/2020, Entered: 10/19/2020 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. A status conference is scheduled in this action on October 26, 2020, at 1:00 p.m., using the Courts videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 2 (S.D.N.Y. Sept. 16, 2020) ("[C]onditions, which are unlikely to be alleviated in the near future, make it impossible for the judges in this District to conduct all criminal proceedings in person in the courthouses, including "[a]rraignments under Rule 10 of the Federal Rules of Criminal Procedure.). To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827 (Signed by Judge Analisa Torres on 10/19/20)(jw)
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Sealed Legal Document 38 Filed: 10/14/2020, Entered: 10/14/2020 Sealed document
SEALED DOCUMENT placed in vault. (jus)
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Legal Document (Payment Possibly Required) 37 Filed: 9/18/2020, Entered: 9/18/2020 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. Notice is hereby given that an official transcript of a Conference proceeding held on 8/31/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 36 Filed: 9/18/2020, Entered: 9/18/2020 transcriptCourt Filing
TRANSCRIPT of Proceedings as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea re: Conference held on 8/31/2020 before Judge Analisa Torres. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/9/2020. Redacted Transcript Deadline set for 10/19/2020. Release of Transcript Restriction set for 12/17/2020. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 84 Filed: 9/17/2020, Entered: 2/24/2021 bond
Appearance Bond Entered as to Andrew Badolato: s) 1. A $250,000 personal recognizance bond, co-signed by two financially responsible persons within two weeks. 2. Travel is restricted to the Middle District of Florida; the Southern District of New York, for puaposes of meeting with defense counsel or attending Court; the District of columbia, for purposes of meeting with defense counsel; and all necessary points between for travel, including travel by car. 3. The defendant must surrender all passports and refrain from making any new applications. 4. Supervision as directed by Pretrial Services. 5. The defendant is prohibited from raising funds on behalf of we Build the Wall or engaging in financial transactions involving We Build the Wall's funds. 6. The defendant may not have any contact with co-defendants or other individuals affiliated with We Build the Wall, except in the presence of defense counsel. 7. The defendant may not possess firearms and must surrender any firearms to Pretrial Services. [**Advice of Penalties and Sanctions attached.] (jbo)
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Legal Document (Payment Possibly Required) 35 Filed: 9/10/2020, Entered: 9/10/2020 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. Notice is hereby given that an official transcript of a Conference proceeding held on 8/31/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 34 Filed: 9/10/2020, Entered: 9/10/2020 transcriptCourt Filing
TRANSCRIPT of Proceedings as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea re: Conference held on 8/31/20 before Judge Analisa Torres. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/1/2020. Redacted Transcript Deadline set for 10/13/2020. Release of Transcript Restriction set for 12/9/2020. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 99 Filed: 9/9/2020, Entered: 3/11/2021 bond
Appearance Bond Entered as to Brian Kolfage: $500,000 PERSONAL RECOGNIZANCE BOND; TO BE COSIGNED BY TWO FINANCIALLY RESPONSIBLE PERSONS WITHIN TWO WEEKS; Additional Conditions..... [**Advice of Penalties and Sanctions attached.] (jbo)
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Legal Document (Payment Possibly Required) 33 Filed: 9/9/2020, Entered: 9/9/2020 protective orderCourt Filing
PROTECTIVE ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Analisa Torres on 9/9/2020)(ap)
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Legal Document (Payment Possibly Required) 103 Filed: 9/8/2020, Entered: 3/23/2021 bond
Appearance Bond Entered as to Timothy Shea: $250,000 personal recognizance bond; co-signed by two financially responsible persons within two weeks; Additional Conditions..... [**Advice of Penalties and Sanctions attached.] (jbo)
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Legal Document (Payment Possibly Required) 32 Filed: 8/31/2020, Entered: 8/31/2020 Order on Letter MotionCourt Filing
MEMO ENDORSEMENT as to Brian Kolfage (1), Andrew Badolato (3), Timothy Shea (4) on [25] LETTER MOTION addressed to Judge Analisa Torres from Alison Moe dated August 29, 2020 re: bail conditions. ENDORSEMENT: GRANTED. For reasons stated on the record at the conference held on August 31, 2020, bail is set for Defendants Brian Kolfage, Andrew Badolato, andTimothy Shea as described above. SO ORDERED. (Signed by Judge Analisa Torres on 8/31/2020) (lnl)
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Legal Document (Payment Possibly Required) 31 Filed: 8/31/2020, Entered: 8/31/2020 OrderCourt Filing
CONSENT TO PROCEED BY VIDEOCONFERENCE as to Timothy Shea. (Signed by Judge Analisa Torres on 8/31/2020) (lnl)
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Legal Document (Payment Possibly Required) 30 Filed: 8/31/2020, Entered: 8/31/2020 OrderCourt Filing
CONSENT TO PROCEED BY VIDEOCONFERENCE as to Brian Kolfage. (Signed by Judge Analisa Torres on 8/31/2020) (lnl)
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Legal Document (Payment Possibly Required) 29 Filed: 8/31/2020, Entered: 8/31/2020 OrderCourt Filing
CONSENT TO PROCEED BY VIDEOCONFERENCE as to Stephen Bannon. (Signed by Judge Analisa Torres on 8/31/2020) (lnl)
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Legal Document (Payment Possibly Required) 28 Filed: 8/31/2020, Entered: 8/31/2020 OrderCourt Filing
CONSENT TO PROCEED BY VIDEOCONFERENCE as to Andrew Badolato. (Signed by Judge Analisa Torres on 8/31/2020) (lnl)
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Legal Document (Payment Possibly Required) 27 Filed: 8/31/2020, Entered: 8/31/2020 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Stephen Bannon. Notice is hereby given that an official transcript of a Arraignment proceeding held on 8/20/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 26 Filed: 8/31/2020, Entered: 8/31/2020 transcriptCourt Filing
TRANSCRIPT of Proceedings as to Stephen Bannon re: Arraignment held on 8/20/2020 before Magistrate Judge Stewart D. Aaron. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/21/2020. Redacted Transcript Deadline set for 10/1/2020. Release of Transcript Restriction set for 11/30/2020. (McGuirk, Kelly)
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Blank  Filed: None, Entered: None Status Conference
Minute Entry for proceedings held before Judge Analisa Torres: Status Conference as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea held on 8/31/2020. Initial appearance held for Defendants via videoconference. AUSA Alison Moe present for the Government via video. Defense counsel Harvey Steinberg present with Defendant Brian Kolfage; defense counsel William Burck and Daniel Koffman present with Defendant Stephen Bannon; defense counsel Daniel Stein and Michael Heffernan present with Defendant Andrew Badolato; defense counsel John Meringolo present with Defendant Timothy Shea all via video. Pretrial Services Officer Francesca Tessier-Miller present via audio. Court reporter present via audio. Defendants Kolfage, Badolato, and Shea arraigned, and bail set. Government directed to produce first round of discovery by September 29, 2020, and thereafter on a rolling basis. Status conference set for October 26, 2020, at 1:00 p.m. Trial will commence on May 24, 2021. Time is excluded under the Speedy Trial Act until May 24, 2021, for the reasons stated on the record. (Status Conference set for 10/26/2020 at 01:00 PM before Judge Analisa Torres) (ap) Modified on 9/2/2020 (ap).
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Legal Document (Payment Possibly Required) 25 Filed: 8/29/2020, Entered: 8/29/2020, Terminated: 8/31/2020 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Analisa Torres from Alison Moe dated August 29, 2020 re: bail conditions . Document filed by USA as to Brian Kolfage, Andrew Badolato, Timothy Shea. (Moe, Alison)
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Legal Document (Payment Possibly Required) 24 Filed: 8/28/2020, Entered: 8/28/2020 notice of attorney appearance - defendant
NOTICE OF ATTORNEY APPEARANCE: Kelly Bain Kramer appearing for Andrew Badolato. Appearance Type: Retained. (Kramer, Kelly)
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Legal Document (Payment Possibly Required) 23 Filed: 8/28/2020, Entered: 8/28/2020 notice of attorney appearance - defendant
NOTICE OF ATTORNEY APPEARANCE: Michael Paul Heffernan appearing for Andrew Badolato. Appearance Type: Retained. (Heffernan, Michael)
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Legal Document (Payment Possibly Required) 22 Filed: 8/28/2020, Entered: 8/28/2020 LetterCourt Filing
LETTER by USA as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated August 28, 2020 re: Local Rule 23.1 Document filed by USA. (Sobelman, Robert)
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Legal Document (Payment Possibly Required) 21 Filed: 8/28/2020, Entered: 8/28/2020 notice of attorney appearance - defendant
NOTICE OF ATTORNEY APPEARANCE: Daniel Lawrence Stein appearing for Andrew Badolato. Appearance Type: Retained. (Stein, Daniel)
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Legal Document (Payment Possibly Required) 20 Filed: 8/28/2020, Entered: 8/28/2020 notice of attorney appearance - defendant
NOTICE OF ATTORNEY APPEARANCE: John C. Meringolo appearing for Timothy Shea. Appearance Type: Retained. (Meringolo, John)
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Blank 19 Filed: 8/24/2020, Entered: 8/24/2020 Order on Motion to appear pro hac viceCourt Filing
ORDER granting [17] Motion for Harvey A. Steinberg to Appear Pro Hac Vice as to Brian Kolfage. (Signed by Judge Analisa Torres on 8/24/2020) (ah)
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Legal Document (Payment Possibly Required) 18 Filed: 8/24/2020, Entered: 8/24/2020 OrderCourt Filing
ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. It is hereby ORDERED that the Court will hold an initial appearance in this action on August 31, 2020, at 1:00 p.m., using the Court's videoconferencing software. See In re Coronavirus/Covid-19Pandemic, 20 Misc. 176, ECF No. 2 (S.D.N.Y. Jun. 24, 2020) ("[C]onditions make it necessary for the judges in this District to continue to conduct proceedings remotely, by videoconference or teleconference," including "[a]rraignments under Rule 10 of the Federal Rules of Criminal Procedure."). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888)398-2342 or (215)861-0674 and entering access code 5598827. All of those accessing the conference---whether in listen-only mode or otherwise---are reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Signed by Judge Analisa Torres on 8/24/2020)(bw)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [17] MOTION for Harvey A. Steinberg 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. (vba)
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Legal Document (Payment Possibly Required) 17 Filed: 8/22/2020, Entered: 8/22/2020, Terminated: 8/24/2020 Motion to Appear Pro Hac Vice
MOTION for Harvey A. Steinberg to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Kolfage. (Attachments: # (1) Affidavit, # (2) Certificate of Good Standing, # (3) Proposed Order re Motion for Pro Hac Vice)(Steinberg, Harvey) Receipt No. ANYSDC21282779 $200 Modified on 8/24/2020 (vba).
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Legal Document (Payment Possibly Required) 16 Filed: 8/21/2020, Entered: 8/21/2020 Rule 5 (c)(3) Documents Received
Rule 5(c)(3) Documents Received as to Andrew Badolato from the United States District Court - Middle District of Florida. (Attachments: # (1) docs, # (2) docs, # (3) docs, # (4) docs, # (5) docs, # (6) docs)(jm)
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Legal Document (Payment Possibly Required) 15 Filed: 8/21/2020, Entered: 8/21/2020 Rule 5 (c)(3) Documents Received
Rule 5(c)(3) Documents Received as to Timothy Shea from the United States District Court - District of Colorado. (jm)
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Blank  Filed: None, Entered: None Add and Terminate Attorneys
Attorney update in case as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. Attorney Alison Gainfort Moe,Robert Benjamin Sobelman for USA added. (jm)
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Legal Document (Payment Possibly Required) 83 Filed: 8/20/2020, Entered: 2/24/2021 bond
Appearance Bond Entered as to Stephen Bannon: $5 MILLION PRB; TO BE COSIGNED BY 2 FINANCIALLY RESPONSIBLE PERSONS; SECURED BY $1.75 MILLION CASH/PROPERTY OR REAL PROPERTY; TRAVEL RESTRICTED TO SDNY/EDNY/DDC/MD/EDVA AND DCT, POINTS BETWEEN RESIDENCE AND SDNY FOR TRAVEL TO COURT; SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS); PRETRIAL SUPERVISION AS DIRECTED BY PRETRIAL SERVICES; DEFT TO BE RELEASED ON OWN SIGNATURE; REMAINING CONDITIONS TO BE MET BY 9/3/20. ADDITIONAL CONDITIONS..... [**Advice of Penalties and Sanctions attached.] (jbo) (Main Document 83 replaced on 3/31/2021) (jbo).
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Legal Document (Payment Possibly Required) 14 Filed: 8/20/2020, Entered: 8/20/2020 RemarkCourt Filing
CONSENT TO PROCEED BY VIDEOCONFERENCE by (20-Cr-412-2) Stephen Bannon. This proceeding was conducted by reliable videoconferencing technology. (Signed by Magistrate Judge Stewart D. Aaron on 8/20/2020) (bw)
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Legal Document (Payment Possibly Required) 13 Filed: 8/20/2020, Entered: 8/20/2020 RemarkCourt Filing
WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING by (20-Cr-412-2) Stephen Bannon. (Accepted by Magistrate Judge Stewart D. Aaron on 8/20/2020) (bw)
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Legal Document (Payment Possibly Required) 12 Filed: 8/20/2020, Entered: 8/20/2020 initial appearanceCourt Filing
Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Initial Appearance as to (20-Cr-412-2) Stephen Bannon held on 8/20/2020. Date of Arrest: 8/20/2020, on writ. AUSA Robert Sobelman/Nicolas Roos. Defense Counsel (Retained): Daniel Koffmann/William Burck. Proceeding: Rule 9. BAIL DISPOSITION: Agreed conditions of release; $5 million PRB; 2 FRP; Secured by $1.75 million cash/property: or real property. Travel restricted to SDNY/EDNY/DDC, MD, EDVA and DCT, Points between residence and SDNY for travel to court; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Defendant to be released on own signature; Remaining conditions to be met by 9/3/2020. No international travel. No use of private air travel, airplanes or private yachts or boats. w/o expressed permission of the Court. No contact with co-defendants or others associated with We Build The Wall ("WBTW"). No raising money for WBTW or moving money in or out of WBTW accounts. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 8/31/2020 at 1 PM. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 8/31/2020. (bw)
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Legal Document (Payment Possibly Required) 11 Filed: 8/20/2020, Entered: 8/20/2020 notice of attorney appearance - defendant
NOTICE OF ATTORNEY APPEARANCE: Daniel Rickert Koffmann appearing for Stephen Bannon (2). (bw)
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Legal Document (Payment Possibly Required) 10 Filed: 8/20/2020, Entered: 8/20/2020 notice of attorney appearance - defendant
NOTICE OF ATTORNEY APPEARANCE: William A. Burck appearing for Stephen Bannon (2). (bw)
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Legal Document (Payment Possibly Required) 9 Filed: 8/20/2020, Entered: 8/20/2020 notice of attorney appearance - USA
NOTICE OF ATTORNEY APPEARANCE Robert Benjamin Sobelman appearing for USA. (Sobelman, Robert)
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Legal Document (Payment Possibly Required) 3 Filed: 8/20/2020, Entered: 8/20/2020 Order to Unseal IndictmentCourt Filing
Order to Unseal Indictment as to Sealed Defendant, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4. (Signed by Magistrate Judge Stewart D. Aaron on 8/20/20)(jm)
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Blank  Filed: None, Entered: None Arrest - Other District
Arrest of Andrew Badolato in the United States District Court - Middle District of Florida. (jm)
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Blank  Filed: None, Entered: None arrest
Arrest of Timothy Shea. (jm)
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Blank  Filed: None, Entered: None Oral Order
ORAL ORDER as to (20-Cr-412-2) Stephen Bannon. Time excluded from 8/20/2020 until 8/31/2020. Status Conference set for 8/31/2020 at 01:00 PM before Judge Analisa Torres. (By Magistrate Judge Stewart D. Aaron on 8/20/2020) (bw)
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Blank  Filed: None, Entered: None arraignment
Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Arraignment as to Stephen Bannon (2) Count 1,2 held on 8/20/2020. Plea entered by Stephen Bannon (2) Count 1,2 -- Not Guilty. (bw)
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Blank  Filed: None, Entered: None arrest
Arrest of Stephen Bannon (2). (bw)
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Blank  Filed: None, Entered: None Add and Terminate Attorneys
Attorney update in case as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. Attorney Nicolas Tyler Landsman Roos for USA added. (jm)
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Blank  Filed: None, Entered: None Case Assigned/Reassigned
Case as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea ASSIGNED to Judge Analisa Torres. (jm)
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Blank  Filed: None, Entered: None Case Designated ECF.
Case Designated ECF as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. (jm) Modified on 8/20/2020 (jm).
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Blank  Filed: None, Entered: None Indictment Unsealed
INDICTMENT UNSEALED as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. (jm)
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Sealed Legal Document 1 Filed: 8/19/2020, Entered: 8/20/2020 Sealed document
SEALED DOCUMENT placed in vault. (mhe)
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Sealed Legal Document 2 Filed: 8/17/2020, Entered: 8/20/2020 Indictment (Sealed)
SEALED INDICTMENT as to Sealed Defendant (1) count(s) 1, 2, Sealed Defendant 2 (2) count(s) 1, 2, Sealed Defendant 3 (3) count(s) 1, 2, Sealed Defendant 4 (4) count(s) 1, 2. (jm)
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