USA v. Kolfage

Criminal Case New York Southern District Court, Case No. 1:20-cr-00412-AT-2
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Last Updated May 25, 2021 at 6:45 PM EDT (4.6 years ago) SpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Nicolas Tyler Landsman-Roos +1 212 637 2421 nicolas.roos@usdoj.gov
Space Alison Gainfort Moe +1 212 637 2225 alison.moe@usdoj.gov
Space Robert Benjamin Sobelman +1 212 637 2616 robert.sobelman@usdoj.gov
v.
Bannon, Stephen Kevin Bannon, Stephen Kevin, Defendant
Officially listed as "Stephen Bannon"
Officer/Director, Genius Products, Inc.

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
Stephen Bannon (2)
Office Foley Square
Filed 8/17/2020
County NewYork
Terminated 5/25/2021
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 Released
Flags APPEAL,ECF
Timeline
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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) 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) 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) 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, Terminated: 5/25/2021 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) 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) 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) 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) 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 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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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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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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 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 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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