Minute Entry for proceedings held before Judge Pamela K. Chen: Status Conference as to Full Play Group, S.A., Hernan Lopez, Carlos Martinez held on 11/2/2020, via telephone. Appearances by AUSA Samuel Nitze, AUSA Patrict Hein, AUSA Kristin Mace, AUSA Keith Edelman, AUSA Kaitlin Farrell; Carlos Ortiz, Katey Fardelmann, Mayling Blanco, retained for defendant Full Play; Matthew Umhofer, James Spertus and Samuel Josephs, retained, for defendant Lopez; Steven McCool, Julia Coleman, Michael Cornacchia, and Ramon Abadin, retained, for defendant Martinez. Spanish interpreter Maristela Verastegui. Case called. Discussion held. Motion Hearing set for 11/20/2020 at 10 a.m. via video (571-353-2300, access code 038106492). Time is excluded in the interest of justice from 11/2/2020 to 11/20/2020. (Court Reporter Sophie Nolan.) (Abdallah, Fida)
ORDER denying [1408] Motion to Sever as to Hernan Lopez (32), Carlos Martinez (33): For the reasons set forth in the attached Memorandum & Order, Defendants' motion to sever and to strike certain parts of the Third Superseding Indictment is denied. Ordered by Judge Pamela K. Chen on 11/1/2020. (Nguyen, Andrew)
ORDER as to Hernan Lopez, Carlos Martinez: The Court grants the government's unsealing/sealing request [1451]. The Clerk of Court is respectfully directed to unseal documents 1441-3 and 1443-1. The remainder of Dkt. 1441 remains under seal, but are replaced by the unredacted versions of those documents filed as part of Dkt. 1451. Ordered by Judge Pamela K. Chen on 10/29/2020. (Abdallah, Fida)
Filed: None, Entered: None
Order
ORDER as to Full Play Group, S.A., Hernan Lopez, Carlos Martinez: The status conference set for 11/2/2020 will be held via video. The public may access the audio of the conference by dialing 571-353-2300 and using access code 038106492. Ordered by Judge Pamela K. Chen on 10/29/2020. (Abdallah, Fida)
Filed: None, Entered: None
order on motion for extension of time to file
ORDER granting [1450] Motion for Extension of Time to File as to Hernan Lopez and Carlos Martinez: The time for defendants Lopez and Martinez to file a motion for Bill of Particulars is extended from 11/5/2020 to 2/3/2021. Ordered by Judge Pamela K. Chen on 10/27/2020. (Abdallah, Fida)
Letter MOTION for Extension of Time to File a Motion for a Bill of Particulars (Unopposed) by Carlos Martinez as to Hernan Lopez, Carlos Martinez. (McCool, Steven)
Order on Motion for Extension of Time to File Response / Reply
ORDER as to Hernan Lopez and Carlos Martinez, granting the government's [1446] Motion for Extension of Time to File Response/Reply, nunc pro tunc, until 10/26/2020. Ordered by Judge Pamela K. Chen on 10/26/2020. (Abdallah, Fida)
ORDER granting [1360] Motion for Leave to Appear as to Hernan Lopez: The attorney Samuel Josephs shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Pamela K. Chen on 10/26/2020. (Abdallah, Fida)
Letter Enclosing Certificate of Good Standing Pursuant to Court's 10/21/2020 Order in Supplement to [1360] Pro Hac Vice Motion of Samuel A. Josephs as to Hernan Lopez (Attachments: # (1) Certificate of Good Standing) (Josephs, Samuel)
ORDER as to Hernan Lopez: On April 13, 2020, this Court deferred ruling on Mr. Josephs' [1360] motion to appear pro hac vice until after he filed his certificate of good standing. To date, Mr. Josephs has not done so. Counsel is directed to either file a certificate of good standing, issued no longer than 30 days ago, or a letter explaining why he has not yet filed the certificate by 10/30/2020. Ordered by Judge Pamela K. Chen on 10/21/2020. (Abdallah, Fida)
Filed: None, Entered: None
Order
ORDER as to Hernan Lopez, Carlos Martinez: The government's [1444] request to be allowed until October 23, 2020 to respond to defendants' request to seal the entirety of its briefing of their motion to compel is granted. Ordered by Judge Pamela K. Chen on 10/21/2020. (Abdallah, Fida)
SCHEDULING ORDER as to Full Play Group, S.A., Hernan Lopez, Carlos Martinez: A status conference will be held on 11/2/2020 at 2:00 p.m. Time is excluded while the [1408] motion is pending. 18 U.S.C. 3161(h)(1)(D). Ordered by Judge Pamela K. Chen on 9/9/2020. (Abdallah, Fida)
Filed: None, Entered: None
Motion Hearing
Minute Entry for proceedings held before Judge Pamela K. Chen: Oral Argument as to Full Play Group, S.A., Hernan Lopez, Carlos Martinez held on 9/8/2020, via video. Appearances by AUSA Kaitlin Farrel, AUSA Kristin Mace, AUSA Samuel Nitze, AUSA Patrick Hein; Carols Ortiz, Katey Lynn Fardelmann, and Mayling Blanco, retained, for defendant Full Play; Matthew Umhofer, Samuel Jacobs, and James Spertus, retained, for for defendant Lopez (on bond); and Steven McCool, Michael T. Cornacchia, Julia Coleman, and Ramon Abadin retained, for defendant Martinez (on bond). Spanish interpreters Mario Michelena and Maristela Verastegui. Case called. Arguments regarding [1408] motion to sever and strike certain language from the Indictment heard. Decision reserved. (Court Reporter David Roy.) Modified on 9/9/2020 to note Mr. Abadin's appearance. (Abdallah, Fida)
REPLY TO RESPONSE to Motion re [1408] MOTION to Sever Defendant and to Strike Superfluous and Prejudicial Language from Indictment(Defendants Hernan Lopez and Carlos Martinez's Reply in Support of Motion to Sever) (Umhofer, Matthew)
REPLY TO RESPONSE to Motion re [1408] MOTION to Sever Defendant and to Strike Superfluous and Prejudicial Language from Indictment(Reply Memorandum Of Law On Behalf Of The Defendant Full Play Group In Support Of Its Motion Joining In Co-Defendants Motion For Severance) (Ortiz, Carlos)
Letter MOTION for Leave to File Excess Pages for Reply in Support of Motion for Severance of Defendants (with Consent of United States and Defendant Full Play Group S.A.) by Carlos Martinez as to Hernan Lopez, Carlos Martinez. (Coleman, Julia)
ORDER granting [1433] Motion for Leave to File Excess Pages as to Hernan Lopez and Carlos Martinez: The request to file excess pages, not to exceed 17 pages, for the Reply in Support of the Motion for Severance is granted. Ordered by Judge Pamela K. Chen on 8/26/2020. (Abdallah, Fida)
Filed: None, Entered: None
Scheduling Order
SCHEDULING ORDER as to Full Play Group, S.A., Hernan Lopez, Carlos Martinez re [1431] Letter: The Oral Argument scheduled for 9/2/2020 will be held on 9/8/2020 at 2:00 p.m., via video. The public may access the audio of the video conference by dialing the conference number 571-353-2300 and using access code 038106492. Ordered by Judge Pamela K. Chen on 8/24/2020. (Abdallah, Fida)
MEMORANDUM in Opposition re [1408] MOTION to Sever Defendant and to Strike Superfluous and Prejudicial Language from Indictmentand re [1423] Response Joining in Co-Defendants' Motion for Severance (Mace, M.)
ORDER granting [1424] Motion for Extension of Time to File Bill of Particulars as to Hernan Lopez and Carlos Martinez until November 5, 2020. Ordered by Judge Pamela K. Chen on 7/29/2020. (Abdallah, Fida)
Letter MOTION for Extension of Time to File a Motion for a Bill of Particulars (Unopposed) by Carlos Martinez as to Hernan Lopez, Carlos Martinez. (McCool, Steven)
RESPONSE to Motion re [1408] MOTION to Sever Defendant and to Strike Superfluous and Prejudicial Language from Indictment(Defendant Full Play Group's Response Joining in Co-Defendants' Motion for Severance) (Ortiz, Carlos)
SCHEDULING ORDER as to Full Play Group, S.A., Hernan Lopez, Carlos Martinez: The [1419] proposed schedule is So Ordered. Defendant FPG's response joining the Severance Motion due no later than July 24, 2020; Government's response due no later than August 12, 2020; and Defendants' replies, if any, due no later than August 26, 2020. Oral argument is adjourned to 9/2/2020, at 10:00 a.m. Time is excluded in the interest of justice from 8/19/2020 to 9/2/2020. Ordered by Judge Pamela K. Chen on 7/21/2020. (Abdallah, Fida)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Hernan Lopez held on April 20, 2020, before Judge Pamela K. Chen. Court Reporter/Transcriber David R Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/10/2020. Redacted Transcript Deadline set for 8/20/2020. Release of Transcript Restriction set for 10/19/2020. (Roy, David)
SCHEDULING ORDER as to Full Play Group, S.A., Hernan Lopez, Carlos Martinez: The Court adjourns the status conference currently scheduled for 7/24/2020 in light of the pending motions filed by Defendants Lopez and Martinez [1408] until 8/19/2020, at 11:00 a.m., when the Court will hold a status conference and/or oral argument on the motions. Because of the pending motions, time is excluded until 8/19/2020. 18 U.S.C. 3161(h)(1)(D). Ordered by Judge Pamela K. Chen on 7/10/2020. (Abdallah, Fida)
MOTION to Sever Defendant and to Strike Superfluous and Prejudicial Language from Indictment by Hernan Lopez, Carlos Martinez. (Attachments: # (1) Proposed Order) (Umhofer, Matthew)
SCHEDULING ORDER as to Hernan Lopez, Carlos Martinez: The Court adopts and So Orders the [1407] proposed briefing schedule: Notice of Motion and Motions for Severance and to Strike Language, Memorandum of Points and Authorities, and Proposed Order to be served and filed on June 29, 2020; Opposition papers due no later than July 22, 2020; and Reply, if any, due no later than August 5, 2020. Ordered by Judge Pamela K. Chen on 7/2/2020. (Abdallah, Fida)
Letter re Proposed Briefing Schedule for Motions for Severance and to Strike Certain Language in Indictment as to Hernan Lopez, Carlos Martinez (Umhofer, Matthew)
Minute Entry for proceedings held before Judge Pamela K. Chen: Status Conference as to Full Play Group, S.A., Hernan Lopez, Carlos Martinez held on 5/27/2020 via telephone. Appearances by AUSA Samuel Nitze, AUSA Kristin Mace, AUSA Keith Edelman, AUSA Patrick Hein; Carlos Ortiz, Katey Fardelman, and Mayling Blanco, retained, for defendant Full Play; James Spertus, Matthew Umhofer, and Samuel Josephs retained, for defendant Lopez (on bond); and Steven McCool, Julia Coleman, Michael Cornacchia, and Roman Abadin retained, for defendant Martinez (on bond). Spanish Interpreter Maristela Verastegui. Case called. Discussion held. The [1392] request for an extension of time to file Bill of Particulars until 8/7/2020 is granted. Next conference set for 7/24/2020, at 10:00 a.m. the time is excluded in the interest of justice from 5/27/2020 to 7/24/2020. (Court Reporter Charleane Heading.) (Abdallah, Fida)
Letter Enclosing Certified Proof of Official Recording of Property Bond Deeds of Trust as to Hernan Lopez (Attachments: # (1) Recorded Deed 1, # (2) Recorded Deed 2, # (3) Recorded Deed 3) (Josephs, Samuel)
Memorandum & Order: For the reasons stated in the attached Memorandum & Order, the Court denies Defendant Lopez's [1384] motion for dismissal of the S-3 Superseding Indictment and/or for discovery and an evidentiary hearing relating to the grand jury proceedings. The Court also denies Defendant FPG's [1392] request to reserve judgment on Defendant Lopez's discovery and evidentiary hearing request, but without prejudice to any defendant moving, on his own, to dismiss the indictment or for discovery of grand jury material based on grounds other than those raised in Lopez's motion. Ordered by Judge Pamela K. Chen on 5/26/2020. (Abdallah, Fida)
Letter MOTION for Extension of Time to File a Motion for a Bill of Particulars and in regards to defendant Hernan Lopez's motion to dismiss the indictment or, in the alternative, to seek the release of grand jury materials and an evidentiary hearing (ECF Dkt. No. 1384) by Full Play Group S.A. as to Full Play Group, S.A., Hernan Lopez, Carlos Martinez. (Ortiz, Carlos)
Letter Regarding Timing of Restitution Payments as to Jeffrey Webb, Eduardo Li, Julio Rocha, Costas Takkas, Jack Warner, Eugenio Figueredo, Rafael Esquivel, Jose Maria Marin, Nicolas Leoz, Alejandro Burzaco, Aaron Davidson, Hugo Jinkis, Mariano Jinkis, Jose Margulies, Alfredo Hawit, Ariel Alvarado, Rafael Callejas, Brayan Jimenez, Rafael Salguero, Hector Trujillo, Reynaldo Vasquez, Juan Angel Napout, Manuel Burga, Carlos Chavez, Luis Chiriboga, Marco Polo Del Nero, Eduardo Deluca, Jose Luis Meiszner, Romer Osuna, Ricardo Teixeira, Full Play Group, S.A., Hernan Lopez, Carlos Martinez, Gerard Romy (Weinstein, Marc)
ORDER granting [1386] Motion for extension of time to file Bill of Particulars as to Hernan Lopez and Carlos Martinez until 8/7/2020. Ordered by Judge Pamela K. Chen on 5/19/2020. (Abdallah, Fida)
Letter MOTION for Extension of Time to File a Motion for a Bill of Particulars (Unopposed) by Carlos Martinez as to Hernan Lopez, Carlos Martinez. (McCool, Steven)
SCHEDULING ORDER as to Full Play Group, S.A., Hernan Lopez, Carlos Martinez: The status conference set for 5/27/2020 will be held via telephone. The parties shall call the conference number 888-684-8852, and use access code 7245547. Ordered by Judge Pamela K. Chen on 5/5/2020. (Abdallah, Fida)
Letter enclosing executed protective orders as to Full Play Group, S.A., Hernan Lopez, Carlos Martinez (Attachments: # (1) Full Play Group S.A. Protective Order, # (2) Hernan Lopez Protective Order, # (3) Carlos Martinez Protective Order) (Hein, Patrick)
ORDER Modifying Conditions of Release as to Hernan Lopez: The request to [1377] modify the Bond Order to provide that fully executed deeds of trust be delivered to the title agent by April 29, 2020, that the title agent deliver the deeds of trust by hand to the relevant Recorders' offices as soon as those offices reopen, and to e-file certified proof of official recording with the Court by May 27, 2020 is So ordered. Ordered by Judge Pamela K. Chen on 4/27/2020. (Abdallah, Fida)
Minute Entry for proceedings held before Judge Pamela K. Chen: Bond signing and advisement as to Hernan Lopez held telephonically on 4/20/2020. Appearances by AUSA Samuel Nitze, AUSA Kristin Mace, AUSA Keith Edelman, and AUSA Patrick Hein; James Spertus, Matthew Umhofer, and Samuel Josephs retained, for defendant Lopez (on bond). Pretrial services officer Ramel Moore present. Case called. Defendant Lopez was reminded of the conditions of the $15,000,000 bond. Suretors sworn and advised of bond obligations. The Court will endorse bond, which had been signed by Defendant and the suretors prior to the proceeding, and file unredacted bond under seal and redacted version for public filing. (Court Reporter David Roy.) (Shi, Yi Qing)
ORDER granting [1367] Motion for Extension of Time to File Bill of Particulars as to Hernan Lopez and Carlos Martinez until June 8, 2020. Ordered by Judge Pamela K. Chen on 4/16/2020. (Abdallah, Fida)
Letter MOTION for Extension of Time to File a Motion for a Bill of Particulars (Unopposed) by Carlos Martinez as to Hernan Lopez, Carlos Martinez. (McCool, Steven)
SCHEDULING ORDER as to Hernan Lopez: At the request of the parties, the bond signing hearing as to defendant Lopez is adjourned. The hearing will be held via telephone on 4/20/2020 at 11:00 a.m. Each party shall call the conference number at 888-684-8852 and use access code 7245547. Ordered by Judge Pamela K. Chen on 4/15/2020. (Abdallah, Fida)
ORDER deferring ruling on [1360] Motion for Leave to Appear as to Hernan Lopez: The Court defers ruling on Attorney Joseph's [1360] pro hac vice motion until Counsel supplements his application with his New York certificate of good standing. Ordered by Judge Pamela K. Chen on 4/13/2020. Modified on 4/14/2020-Order re-filed to correct filing error. (Abdallah, Fida)
MOTION to Appear Pro Hac Viceby Samuel A. Josephs Filing fee $ 150, receipt number ANYEDC-12658101. by Hernan Lopez. (Attachments: # (1) Affidavit, # (2) Proposed Order) (Josephs, Samuel)
Minute Entry for proceedings held before Judge Pamela K. Chen: Arraignment/Bail Hearing as to Full Play Group S.A., Hernan Lopez, and Carlos Martinez held telephonically on 4/9/2020. Appearances by AUSA Samuel Nitze, AUSA Kristin Mace, AUSA Keith Edelman, AUSA Caitlyn Farrell, AUSA Patrick Hein; Carlos Ortiz, Katey Fardelman, and Mayling Blanco, retained, for defendant Full Play; James Spertus, Matthew Umhofer, and Samuel Josephs retained, for defendant Lopez; and Steven McCool, Julia Coleman, Michael Cornacchia, and Roman Abadin retained, for defendant Martinez. Pretrial services officers Robert Long and Anna Lee present. Spanish Interpreter Maristela Verastegui. Case called. Defendants' first appearance. Defendants informed of charges and enter not guilty pleas to all counts of the Third Superseding Indictment (S-3). Bail applications as to defendants Lopez and Martinez made, and bail conditions set, subject to further discussion between parties as to Lopez's suretors. Defendants advised of bond obligations. Counsel for Defendant Martinez will arrange a time with the Government and the Court's deputy for the Court to advise the suretors of their bond obligations. Suretors for Defendant Lopez will be advised of their bond obligations on 4/16/2020 at a time to be determined with the Court's deputy. Defendants released on $15,000,000 bond, with conditions. Next conference set for 5/27/2020 at 2:00 p.m. Complex case designation renewed. Time also excluded in the interest of justice from 4/9/2020 to 05/27/2020, and from 4/9/2020 to 4/27/2020 pursuant to EDNY Administrative Order. (Court reporter Lisa Schmid.) (Abdallah, Fida)
Letter regarding the arraignments and detention hearings scheduled to be conducted telephonically on April 9, 2020 as to Full Play Group, S.A., Hernan Lopez, Carlos Martinez (Mace, M.) (Main Document 1355 replaced on 4/9/2020) (Piper, Francine).
PRETRIAL MEMORANDUM (MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT HERNAN LOPEZS REQUEST FOR CONDITIONS OF PRE-TRIAL RELEASE) as to Hernan Lopez (Umhofer, Matthew)
MOTION to Appear Pro Hac Viceby Matthew Donald Umhofer Filing fee $ 150, receipt number ANYEDC-12651565. by Hernan Lopez. (Attachments: # (1) Affidavit, # (2) Proposed Order) (Umhofer, Matthew)
MOTION to Appear Pro Hac Viceby James W. Spertus Filing fee $ 150, receipt number ANYEDC-12651112. by Hernan Lopez. (Attachments: # (1) Affidavit, # (2) Proposed Order) (Spertus, James)
ORDER granting [1353] Motion for Leave to Appear Pro Hac Vice as to Hernan Lopez: The attorney, Matthew Donald Umhofer, shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Pamela K. Chen on 4/8/2020. (Abdallah, Fida)
ORDER granting [1352] Motion for Leave to Appear Pro Hac Vice as to Hernan Lopez: The attorney, James W. Spertus, shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Pamela K. Chen on 4/8/2020. (Abdallah, Fida)
Filed: None, Entered: None
Notice - Other
NOTICE Regarding Telephonic Conferences: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Abdallah, Fida)
SCHEDULING ORDER as to Full Play Group, S.A., Hernan Lopez, Carlos Martinez: Arraignment will be held via telephone on 4/9/2020 at 11:00 a.m. The parties shall call the following conference number: (888) 684-8852 and use access code 7245547. Ordered by Judge Pamela K. Chen on 4/7/2020. (Abdallah, Fida)
Filed: None, Entered: None
Indictment Unsealed
SUPERSEDING INDICTMENT (S-3) UNSEALED as to Jack Warner, Eugenio Figueredo, Hugo Jinkis, Mariano Jinkis, Ariel Alvarado, Reynaldo Vasquez, Manuel Burga, Luis Chiriboga, Marco Polo Del Nero, Eduardo Deluca, Jose Luis Meiszner, Romer Osuna, Ricardo Teixeira, Full Play Group, S.A., Hernan Lopez, Carlos Martinez, Gerard Romy (Marziliano, August)
ORDER for Issuance of Summons as to Full Play Group, S.A., Hernan Lopez, Carlos Martinez: IT IS ORDERED that the government may provide copies of the third superseding indictment returned in the above-captioned case (the "Indictment"), prior to unsealing, to defendants Hernan Lopez, Carlos Martinez, and Full Play Group S.A. ("Full Play") and their respective U.S. counsel, in connection with service of summonses to appear before the Court. Ordered by Judge Pamela K. Chen on 4/2/2020. See attached for further details. (Abdallah, Fida)
1319
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