USA v. MCGONIGAL

Criminal Case New York Southern District Court, Case No. 1:23-cr-00016-JHR
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FBI
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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 Rebecca Talia Dell +1 212 637 2198 rebecca.dell@usdoj.gov
Space Hagan Cordell Scotten +1 212 637 2410 hagan.scotten@usdoj.gov
Space Derek Wikstrom +1 212 637 1085 +1 212 521 7093 derek.wikstrom@usdoj.gov

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
Charles McGonigal (1)
Office Foley Square
Filed 1/12/2023
County NewYork
Terminated 12/18/2023
Reopened
Other Court Case None
Count 1
Citation Section 50 U.S.C. § 1705.F
Offense Level 4
501705.F PENALTIES, VIOLATES ANY LICENSE OR ORDER (CONSPIRACY TO VIOLATE IEEPA)
Count 2
Citation Section 50 U.S.C. § 1705.F
Offense Level 4
501705.F PENALTIES, VIOLATES ANY LICENSE OR ORDER (VIOLATION OF IEEPA)
Count 3
Citation Section 18 U.S.C. § 1956-4999.F
Offense Level 4
181956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
Count 4
Citation Section 18 U.S.C. § 1956-4999.F
Offense Level 4
181956-4999.F MONEY LAUNDERING - FRAUD, OTHER
Count 1s
Citation Section 18 U.S.C. § 371.F
Offense Level 4
18371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
Defendant Custody Status Custody This Court
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Timeline
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Legal Document (Payment Possibly Required) 210 Filed: 1/13/2025, Entered: None Order on Motion to Compel
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Legal Document (Payment Possibly Required) 208 Filed: 1/10/2025, Entered: None Memorandum in Support of Motion
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Legal Document (Payment Possibly Required) 207 Filed: 1/10/2025, Entered: None Compel
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Legal Document (Payment Possibly Required) 196 Filed: 1/6/2025, Entered: None Notice of Attorney Appearance - USA
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Legal Document (Payment Possibly Required) 189 Filed: 12/16/2024, Entered: None Notice of Attorney Appearance - USA
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Legal Document (Payment Possibly Required) 188 Filed: 12/11/2024, Entered: None Letter
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Legal Document (Payment Possibly Required) 183 Filed: 12/2/2024, Entered: None Order on Motion to Withdraw as Attorney
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Legal Document (Payment Possibly Required) 181 Filed: 11/29/2024, Entered: None Withdraw as Attorney
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Legal Document (Payment Possibly Required) 120 Filed: 5/28/2024, Entered: None Endorsed Letter
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Legal Document (Payment Possibly Required) 119 Filed: 5/28/2024, Entered: None Endorsed Letter
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Legal Document (Payment Possibly Required) 118 Filed: 5/28/2024, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 117 Filed: 5/28/2024, Entered: None Letter Motion
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Legal Document (Payment Possibly Required) 99 Filed: 12/29/2023, Entered: 12/29/2023 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Charles McGonigal. Notice is hereby given that an official transcript of a Sentence proceeding held on 12/14/2023 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) 98 Filed: 12/29/2023, Entered: 12/29/2023 transcriptCourt Filing
TRANSCRIPT of Proceedings as to Charles McGonigal re: Sentence held on 12/14/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/19/2024. Redacted Transcript Deadline set for 1/29/2024. Release of Transcript Restriction set for 3/28/2024. (McGuirk, Kelly)
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Legal Document 97 Filed: 12/18/2023, Entered: 12/18/2023 judgmentCourt Filing
JUDGMENT IN A CRIMINAL CASE as to Charles McGonigal (1). The defendant pleaded guilty to Count One of the S1 Information. All underlying counts are dismissed on the motion of the United States. IMPRISONMENT: Fifty (50) months. The Court recommends that the Defendant be designated to a facility in the Northeast to ensure proximity to his family. The Court also recommends that the Defendant participate in the Residential Drug Abuse Program during his term of incarceration. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 3/18/2024. SUPERVISED RELEASE: Three (3) years. ASSESSMENT: $100.00 due immediately. FINE: $40,000.00. The Defendant shall forfeit to the United States a sum of money equal to $17,500.00 in United States currency, representing the proceeds traceable to the commission of the offense charged in Count One of the Information, in accordance with the Order of Forfeiture. See ECF No. 56. (Signed by Judge Jennifer H. Rearden on 12/18/2023)(lnl)
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Blank  Filed: None, Entered: None Dismissal of Counts on Government Motion
DISMISSAL OF COUNTS on Government Motion as to Charles McGonigal (1) Count 1,2,3,4. (lnl)
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Blank  Filed: None, Entered: None sentencing
Minute Entry for proceedings held before Judge Jennifer H. Rearden: Sentencing held on 12/14/2023 for Charles McGonigal (1) Count 1s. Defendant Charles McGonigal present with retained attorneys Seth DuCharme and Meagan Maloney. AUSAs Hagan Scotten, Rebecca Dell, and Robert Sobelman present for the government. Christina Clark, U.S. DOJ, National Security Division, and FBI Agent George Murphy. Court reporter Martha Martin. (lnl)
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Legal Document 96 Filed: 12/7/2023, Entered: 12/7/2023 Sentencing Submission
SENTENCING SUBMISSION by USA as to Charles McGonigal, Sergey Shestakov. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit H)(Scotten, Hagan)
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Legal Document (Payment Possibly Required) 95 Filed: 12/7/2023, Entered: 12/7/2023 Memo EndorsementCourt Filing
MEMO ENDORSEMENT as to Charles McGonigal, Sergey Shestakov re: Pursuant to paragraph two of the "REVISED SECURITY PROCEDURES ESTABLISHED PURSUANT TO PUB. L. 96-456, 94 STAT. 2025, BY THE CHIEF JUSTICE OF THE UNITED STATES FOR THE PROTECTION OF CLASSIFIED INFORMATION," I recommend Ms. Daniella M. Medel, Security Specialist, for the position of Classified Information Security Officer in the above-captioned case. I also recommend Security Specialists Daniel O. Hartenstine, Matthew W. Mullery, Harry J. Rucker, and Winfield S. Slade as alternate Classified Information Security Officers. I certify that the above-named individuals, all of whom are employees of the Litigation Security Group, retain the required security clearance for the category of classified information involved in this litigation...ENDORSEMENT...SO ORDERED. (Signed by Judge Jennifer H. Rearden on 12/7/23)(jw)
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Legal Document 94 Filed: 12/1/2023, Entered: 12/1/2023 Order on Letter MotionCourt Filing
MEMO ENDORSEMENT as to Charles McGonigal (1) granting [92] FIRST LETTER MOTION addressed to Judge Jennifer H. Rearden from Seth D. DuCharme dated November 30, 2023 re: Request for Leave to File Partially Under Seal and for Extension of the Cumulative Page Length of Classified Addendum. ENDORSEMENT: The Court grants Defendant McGonigal's application (1) for a five-page extension of the cumulative page length of his sentencing submission; and (2) to file the public version of his submission partially under seal, as described herein. The Clerk of Court is directed to terminate ECF No. 92. (Signed by Judge Jennifer H. Rearden on 12/1/2023) (ap)
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Legal Document 93 Filed: 11/30/2023, Entered: 11/30/2023 Sentencing SubmissionCourt Filing
SENTENCING SUBMISSION by Charles McGonigal as to Charles McGonigal, Sergey Shestakov. (Attachments: # (1) Exhibit A - McGonigal Statement of Responsibility, # (2) Exhibit B - 2023.07.14 McGonigal Plea Offer, # (3) Exhibit C (REDACTED) - T. Shaughnessy- Ltr to Judge Rearden, # (4) Exhibit D (REDACTED) -Tom Donlon- Ltr to Judge Rearden, # (5) Exhibit E (REDACTED) - Tom Fitzgerald- Ltr to Judge Rearden, # (6) Exhibit F (REDACTED) - Dana Debski-Ltr to Judge Rearden, # (7) Exhibit G - Susan Shuback- Ltr to Judge Rearden, # (8) Exhibit H (REDACTED) - John Spain-Ltr to Judge Rearden, # (9) Exhibit I (REDACTED) - C Debski- Ltr to Judge Rearden, # (10) Exhibit J - Hirsh-Melner- Ltr to Judge Rearden, # (11) Exhibit K (REDACTED) - Viktorya Evelkin-Ltr to Judge Rearden, # (12) Exhibit L - Anat Goldstein- Judge Rearden Ltr, # (13) Exhibit M - Pam McGonigal- Ltr to Judge Rearden, # (14) Exhibit N (REDACTED) - Roberto Morgado Junior- Ltr to Judge Rearden)(DuCharme, Seth)
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Legal Document 92 Filed: 11/30/2023, Entered: 11/30/2023, Terminated: 12/1/2023 Letter MotionCourt Filing
FIRST LETTER MOTION addressed to Judge Jennifer H. Rearden from Seth D. DuCharme dated November 30, 2023 re: Request for Leave to File Partially Under Seal and for Extension of the Cumulative Page Length of Classified Addendum . Document filed by Charles McGonigal. Return Date set for 11/30/2023 at 04:00 PM. (DuCharme, Seth)
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Legal Document (Payment Possibly Required) 91 Filed: 11/8/2023, Entered: 11/8/2023 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support as to Sergey Shestakov re: [84] MOTION to Compel The Government to Produce Certain Materials to the Defense. . (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Glavin, Rita)
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Legal Document (Payment Possibly Required) 89 Filed: 10/31/2023, Entered: 10/31/2023 Memo EndorsementCourt Filing
MEMO ENDORSEMENT as to Sergey Shestakov on re: [88] LETTER MOTION for Extension of Time to File Reply Brief. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 10/31/2023) (kpk)
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Legal Document (Payment Possibly Required) 88 Filed: 10/31/2023, Entered: 10/31/2023, Terminated: 10/31/2023 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Jennifer H. Rearden from Rita M. Glavin dated 10/31/2023 re: Extension of Time to File Reply Brief . Document filed by Sergey Shestakov. (Glavin, Rita)
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Blank  Filed: None, Entered: None Note Regarding Deleted Document
***DELETED DOCUMENT. Deleted document number 90 ORDER, as to Charles McGonigal, Sergey Shestakov. The document was incorrectly filed in this case, as per Chambers via email on 11/2/2023. (ap)
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Legal Document (Payment Possibly Required) 87 Filed: 10/27/2023, Entered: 10/27/2023 response in opposition to motion
RESPONSE in Opposition by USA as to Sergey Shestakov re: [84] MOTION to Compel The Government to Produce Certain Materials to the Defense.. (Scotten, Hagan)
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Sealed Legal Document 86 Filed: 10/20/2023, Entered: 10/20/2023 Declaration in Support of Motion
DECLARATION of Rita M. Glavin in Support as to Sergey Shestakov re: [84] MOTION to Compel The Government to Produce Certain Materials to the Defense.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D (filed under seal), # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Glavin, Rita)
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Legal Document (Payment Possibly Required) 85 Filed: 10/20/2023, Entered: 10/20/2023 memorandum in support of motion
MEMORANDUM in Support by Sergey Shestakov re [84] MOTION to Compel The Government to Produce Certain Materials to the Defense.. (Glavin, Rita)
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Legal Document (Payment Possibly Required) 84 Filed: 10/19/2023, Entered: 10/19/2023 Motion to Compel
MOTION to Compel The Government to Produce Certain Materials to the Defense. Document filed by Sergey Shestakov. (Glavin, Rita)
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Legal Document (Payment Possibly Required) 82 Filed: 10/12/2023, Entered: 10/12/2023 Order on Letter MotionCourt Filing
MEMO ENDORSEMENT [81] LETTER MOTION addressed to Judge Jennifer H. Rearden from Rita M. Glavin dated 10/11/2023 re: Further Extension of Briefing Schedule as to Sergey Shestakov...ENDORSEMENT...Application GRANTED. The Clerk of Court is directed to terminate ECF No. 81 (Signed by Judge Jennifer H. Rearden on 10/12/23) (jw)
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Legal Document (Payment Possibly Required) 81 Filed: 10/11/2023, Entered: 10/11/2023, Terminated: 10/12/2023 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Jennifer H. Rearden from Rita M. Glavin dated 10/11/2023 re: Further Extension of Briefing Schedule . Document filed by Sergey Shestakov. (Glavin, Rita)
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Legal Document (Payment Possibly Required) 80 Filed: 10/6/2023, Entered: 10/6/2023 Endorsed LetterCourt Filing
ENDORSED LETTER as to (23-Cr-16-2) Sergey Shestakov addressed to Judge Jennifer H. Rearden from Attorney Rita M. Glavin dated October 6, 2023 re: I represent Sergey Shestakov in the above-referenced action. I write to request a short extension of the briefing schedule of Mr. Shestakov's motion to compel to facilitate ongoing discussions with the Government concerning discovery. Accordingly, we respectfully request an extension to file our principal motion papers from October 10 to October 13. ENDORSEMENT: Application GRANTED. By October 13, 2023, Defendant Shestakov shall file his motion to compel. By October 27, 2023, the Government shall file its opposition. The Clerk of Court is directed to terminate ECF No. 79. SO ORDERED. ( Motions due by 10/13/2023. Responses due by 10/27/2023. ) (Signed by Judge Jennifer H. Rearden on 10/6/2023)(bw)
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Legal Document (Payment Possibly Required) 79 Filed: 10/6/2023, Entered: 10/6/2023, Terminated: 10/6/2023 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Jennifer H. Rearden from Rita M. Glavin dated 10/6/23 re: Extension of Briefing Schedule . Document filed by Sergey Shestakov. (Glavin, Rita)
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Legal Document (Payment Possibly Required) 78 Filed: 9/28/2023, Entered: 9/28/2023 Order on Letter MotionCourt Filing
MEMO ENDORSEMENT [75] LETTER MOTION addressed to Judge Jennifer H. Rearden from Rita M. Glavin dated 9/27/2023 re: Mr. Shestakov respectfully moves for an order modifying the conditions of his release to allow him to travel to the District of New Jersey....ENDORSEMENT...Application GRANTED. The conditions of defendant's release are hereby modified to permit him to travel to the District of New Jersey. SO ORDERED (Signed by Judge Jennifer H. Rearden on 9/28/2023) (jw)
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Legal Document (Payment Possibly Required) 77 Filed: 9/27/2023, Entered: 9/27/2023 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sergey Shestakov. Notice is hereby given that an official transcript of a Conference proceeding held on 9/19/23 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.... (Moya, Goretti)
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Legal Document (Payment Possibly Required) 76 Filed: 9/27/2023, Entered: 9/27/2023 transcriptCourt Filing
TRANSCRIPT of Proceedings as to Sergey Shestakov re: Conference held on 9/19/23 before Judge Jennifer H. Rearden. Court Reporter/Transcriber: Steven Greenblum, (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 10/18/2023. Redacted Transcript Deadline set for 10/30/2023. Release of Transcript Restriction set for 12/26/2023. (Moya, Goretti)
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Legal Document (Payment Possibly Required) 75 Filed: 9/27/2023, Entered: 9/27/2023, Terminated: 9/28/2023 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Jennifer H. Rearden from Rita M. Glavin dated 9/27/2023 re: Bail Modification . Document filed by Sergey Shestakov. (Glavin, Rita)
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Legal Document 74 Filed: 9/21/2023, Entered: 9/21/2023 Order on motion for extension of timeCourt Filing
MEMO ENDORSEMENT as to Charles McGonigal (1) granting [73] AMENDED MOTION for Extension of Time to Provide Classified Summary of Defendants Sentencing Submission. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 73. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/21/2023) (lnl)
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Legal Document 73 Filed: 9/20/2023, Entered: 9/20/2023, Terminated: 9/21/2023 Motion for Extension of Time
AMENDED MOTION for Extension of Time to Provide Classified Summary of Defendants Sentencing Submission. Document filed by Charles McGonigal. (DuCharme, Seth)
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Legal Document 72 Filed: 9/20/2023, Entered: 9/20/2023 Order on motion for extension of timeCourt Filing
MEMO ENDORSEMENT as to Charles McGonigal (1) granting [71] MOTION for Extension of Time to Provide Classified Summary of Defendants Sentencing Submission. ENDORSEMENT: Application GRANTED. Defendant's deadline to provide the Government with a classified written summary of the intended classified supplement to his sentencing submission is extended to September 29, 2023. The Court wishes counsel a speedy recovery. The Clerk of Court is directed to terminate ECF No. 71. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/20/2023) (lnl)
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Legal Document 71 Filed: 9/20/2023, Entered: 9/20/2023, Terminated: 9/20/2023 Motion for Extension of Time
MOTION for Extension of Time to Provide Classified Summary of Defendants Sentencing Submission. Document filed by Charles McGonigal. (DuCharme, Seth)
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Sealed Legal Document 70 Filed: 9/20/2023, Entered: 9/20/2023 Sealed document
SEALED DOCUMENT placed in vault. (jus)
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Blank  Filed: None, Entered: None Pretrial Conference
Minute Entry for proceedings held before Judge Jennifer H. Rearden: Pretrial Conference as to Sergey Shestakov held on 9/19/2023. Defendant Sergy Shestakov present with retained attorneys Rita Glavin, Katherine Petrino and Leo Korman. AUSAs Derek Wikstrom and Hagan Cordell Scotten present for the Government. Court reporter Steven Greenblum. Defendant's brief submission is due on October 10, 2023. The Government's opposition is due on October 24, 2023. Defendant's reply due on November 3, 2023. Bail continues as previously set.(Defendant Brief due by 10/10/2023., Defendant Replies due by 11/3/2023., Government Responses due by 10/24/2023) (jw)
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Legal Document (Payment Possibly Required) 69 Filed: 9/18/2023, Entered: 9/18/2023, Terminated: 9/19/2023 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Jennifer H. Rearden from Derek Wikstrom dated September 18, 2023 re: [68] Letter re: briefing schedule on motion to compel . Document filed by USA as to Sergey Shestakov. (Wikstrom, Derek)
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Legal Document (Payment Possibly Required) 68 Filed: 9/18/2023, Entered: 9/18/2023 LetterCourt Filing
LETTER by Sergey Shestakov addressed to Judge Jennifer H. Rearden from Rita M. Glavin dated September 18, 2023 re: Status Letter (Attachments: # (1) Exhibit A)(Glavin, Rita)
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Legal Document 67 Filed: 9/15/2023, Entered: 9/15/2023 Memo EndorsementCourt Filing
MEMO ENDORSEMENT as to Charles McGonigal on re: [66] LETTER by USA as to Charles McGonigal addressed to Judge Jennifer H. Rearden from AUSA Hagan Scotten dated September 15, 2023 re: McGonigal Request for Delay. ENDORSEMENT: Defendant's deadline to provide the Government with a classified written summary of the intended classified supplement to his sentencing submission is extended to September 22, 2023. Defendant's PSR interview shall be conducted by September 27, 2023. The deadline for Probation's first disclosure of the PSR is extended to October 13, 2023. All other PSR and sentencing submission deadlines remain unchanged. (Signed by Judge Jennifer H. Rearden on 9/15/2023)(ap)
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Legal Document 66 Filed: 9/15/2023, Entered: 9/15/2023 LetterCourt Filing
LETTER by USA as to Charles McGonigal addressed to Judge Jennifer H. Rearden from AUSA Hagan Scotten dated September 15, 2023 re: McGonigal Request for Delay Document filed by USA. (Scotten, Hagan)
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Legal Document 65 Filed: 9/15/2023, Entered: 9/15/2023 Memo EndorsementCourt Filing
MEMO ENDORSEMENT as to Charles McGonigal on re: [64] MOTION for Extension of Time to Provide Classified Summary of Defendants Sentencing Submission. ENDORSEMENT: By 4:00 p.m. today, the Government shall file a letter stating its position, if any, on the matters set forth below. The Court hereby vacates Defendant's September 15 deadline to provide his classified written summary. The deadline will be re-set following consideration of the Government's response. The Clerk of Court is directed to terminate ECF No. 64. (Signed by Judge Jennifer H. Rearden on 9/15/2023) (ap) Modified on 9/15/2023 (ap).
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Legal Document 64 Filed: 9/14/2023, Entered: 9/14/2023, Terminated: 9/15/2023 Motion for Extension of Time
MOTION for Extension of Time to Provide Classified Summary of Defendants Sentencing Submission. Document filed by Charles McGonigal as to Charles McGonigal, Sergey Shestakov. (DuCharme, Seth)
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Legal Document (Payment Possibly Required) 63 Filed: 9/14/2023, Entered: 9/14/2023 Order on Letter MotionCourt Filing
MEMO ENDORSEMENT as to Sergey Shestakov (2) granting [62] CONSENT LETTER MOTION addressed to Judge Jennifer H. Rearden from Derek Wikstrom dated September 13, 2023 re: exclusion of time under Speedy Trial Act. ENDORSEMENT: Application GRANTED. For the reasons stated above, the time between September 14, 2023 and June 12, 2024 is hereby excluded under the Speedy Trial Act, 18 U.S.C. ยง 3161(h) (7)(A). This exclusion is in the interests of justice and outweighs the interests of the public and the Defendant in a speedy trial. The Clerk of Court is directed to terminate ECF No. 62. (Signed by Judge Jennifer H. Rearden on 9/14/2023) (ap)
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Legal Document (Payment Possibly Required) 62 Filed: 9/13/2023, Entered: 9/13/2023, Terminated: 9/14/2023 Letter MotionCourt Filing
CONSENT LETTER MOTION addressed to Judge Jennifer H. Rearden from Derek Wikstrom dated September 13, 2023 re: exclusion of time under Speedy Trial Act . Document filed by USA as to Sergey Shestakov. (Wikstrom, Derek)
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Legal Document (Payment Possibly Required) 61 Filed: 9/13/2023, Entered: 9/13/2023 OrderCourt Filing
ORDER as to (23-Cr-16-2) Sergey Shestakov. Upon Defendant's unopposed application, the Court hereby adjourns the status conference previously scheduled for September 14, 2023 to September 19, 2023 at 10:15 a.m. By September 14, 2023 at 3:00 p.m., the Government shall file a letter informing the Court whether it seeks to make an application under the Speedy Trial Act, specifically for the exclusion of time between September 14, 2023 and the start of trial on June 12, 2024. The letter should state the bases for, and whether Defendant consents to, the requested exclusion. SO ORDERED. ( Brief due by 9/14/2023 3:00 PM. Status Conference set for 9/19/2023 at 10:15 AM before Judge Jennifer H. Rearden. )(Signed by Judge Jennifer H. Rearden on 9/13/2023)(bw) Modified on 10/26/2023 (jw).
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Legal Document 60 Filed: 8/18/2023, Entered: 8/18/2023 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Charles McGonigal. Notice is hereby given that an official transcript of a Plea proceeding held on 8/15/2023 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) 59 Filed: 8/18/2023, Entered: 8/18/2023 transcriptCourt Filing
TRANSCRIPT of Proceedings as to Charles McGonigal re: Plea held on 8/15/2023 before Judge Jennifer H. Rearden. 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 9/8/2023. Redacted Transcript Deadline set for 9/18/2023. Release of Transcript Restriction set for 11/16/2023. (McGuirk, Kelly)
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Legal Document 58 Filed: 8/15/2023, Entered: 8/15/2023 Waiver of Indictment
WAIVER OF INDICTMENT by Charles McGonigal. (jm)
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Legal Document 57 Filed: 8/15/2023, Entered: 8/15/2023 information - felony
(S1) SUPERSEDING INFORMATION (Felony) filed as to Charles McGonigal (1) count(s) 1s. (jm)
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Legal Document 56 Filed: 8/15/2023, Entered: 8/15/2023 OrderCourt Filing
CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Charles McGonigal....[*** See this Consent Preliminary Order of Forfeiture/Money Judgment ***]... IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Damian Williams, United States Attorney, Assistant United States Attorneys Hagan Scotten, Derek Wikstrom and Rebecca T. Dell, of counsel, and the Defendant and his counsel, Seth D. DuCharme Esq., and Meagan Maloney Esq., that: 1. As a result of the offense charged in Count One of the Information, to which the Defendant pled guilty, a money judgment in the amount of $17,500.00 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offense charged in Count One of the Information that the Defendant personally obtained, shall be entered against the Defendant. 2. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Consent Preliminary Order of Forfeiture/Money Judgment is final as to the Defendant, CHARLES MCGONIGAL, and shall be deemed part of the sentence of the Defendant, and shall be included in the judgment of conviction therewith....[*** See this Consent Preliminary Order of Forfeiture/Money Judgment ***]... 7. The Court shall retain jurisdiction to enforce this Consent Preliminary Order of Forfeiture/Money Judgment, and to amend it as necessary, pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure. 8. The signature page of this Consent Preliminary Order of Forfeiture/Money Judgment may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. SO ORDERED: (Signed by Judge Jennifer H. Rearden on 8/15/2023)(bw)
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Blank  Filed: None, Entered: None Order of Referral to Probation for Presentence Investigation and Report
Oral Order of Referral to Probation for Presentence Investigation and Report as to Charles McGonigal. (Signed by Judge Jennifer H. Rearden on 8/15/2023) (ap)
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Blank  Filed: None, Entered: None Plea Entered
Minute Entry for proceedings held before Judge Jennifer H. Rearden: Plea entered by Charles McGonigal (1) Guilty as to Count 1s. (ap)
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Blank  Filed: None, Entered: None Change of Plea Hearing
Minute Entry for proceedings held before Judge Jennifer H. Rearden: Change of Plea Hearing as to Charles McGonigal held on 8/15/2023. Defendant Charles McGonigal present with retained attorneys Seth DuCharme and Meagan Maloney. AUSAs Rebecca Dell, Hagan Scotten, and Derek Wikstrom present for the government. Christina Clark, U.S. DOJ, National Security Division, also present. Defendant waives indictment. S1 Information filed. Defendant withdraws previously entered Not Guilty plea and enters a plea of Guilty to Count 1 of the S1 Information. Sentencing is scheduled for December 14, 2023, at 1:30 pm. Defendant's sentencing submission is due on November 30, 2023. The Government's sentencing submission is due on December 7, 2023. By September 15, 2023, the Government shall file a letter regarding the possible use of classified information in connection with sentencing. PSR ordered. Bail continued. (Sentencing set for 12/14/2023 at 01:30 PM before Judge Jennifer H. Rearden) (Court Reporter Andrew Walker) (ap)
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Legal Document 55 Filed: 8/8/2023, Entered: 8/8/2023 LetterCourt Filing
LETTER by USA as to Charles McGonigal, Sergey Shestakov addressed to Judge Jennifer H. Rearden from AUSA Hagan Scotten re: Status Update Document filed by USA. (Scotten, Hagan)
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Legal Document 54 Filed: 8/7/2023, Entered: 8/7/2023 OrderCourt Filing
ORDER as to Charles McGonigal: The Court has been informed that Defendant Charles McGonigal may wish to enter a change of plea. Accordingly, on August 15, 2023 at 12:15 p.m., a plea proceeding will take place in Courtroom 12B, 500 Pearl Street, New York, New York 10007. (Change of Plea Hearing set for 8/15/2023 at 12:15 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden) (Signed by Judge Jennifer H. Rearden on 8/7/2023) (ap)
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Legal Document 53 Filed: 7/14/2023, Entered: 7/14/2023 Memo EndorsementCourt Filing
MEMO ENDORSEMENT as to Charles McGonigal on [52] Letter Request to Withdraw Application for Status Conference... ENDORSEMENT: The status conference previously scheduled for July 18, 2023 is hereby adjourned. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 7/14/23)(jbo)
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Legal Document 52 Filed: 7/14/2023, Entered: 7/14/2023 LetterCourt Filing
LETTER by Charles McGonigal addressed to Judge Jennifer H. Rearden from Seth D. DuCharme dated July 14, 2023 re: Request to Withdraw Application for Status Conference (DuCharme, Seth)
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Blank  Filed: None, Entered: None terminate deadlines and hearings
Terminate Deadlines and Hearings as to Charles McGonigal: July 18, 2023. (jbo)
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Legal Document 51 Filed: 7/10/2023, Entered: 7/10/2023 OrderCourt Filing
ORDER as to Charles McGonigal, Sergey Shestakov. IT IS HEREBY ORDERED that a status conference to address classified discovery and potential motion practice under the Classified Information Procedures Act will take place at the previously agreed upon time and place. (Signed by Judge Jennifer H. Rearden on 7/10/2023)(jw)
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Legal Document 50 Filed: 7/10/2023, Entered: 7/10/2023 Memo EndorsementCourt Filing
MEMO ENDORSEMENT as to Charles McGonigal, Sergey Shestakov on re: [49] Letter filed by USA....ENDORSEMENT...The Government shall file its response to Defendant McGonigal's letter, if any, by July 14, 2023 (Government Responses due by 7/14/2023) (Signed by Judge Jennifer H. Rearden on 7/10/2023)(jw)
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Legal Document 49 Filed: 7/10/2023, Entered: 7/10/2023 LetterCourt Filing
LETTER by USA as to Charles McGonigal, Sergey Shestakov addressed to Judge Jennifer H. Rearden from Rebecca Dell dated 7/10/2023 re: Letter Update Document filed by USA. (Dell, Rebecca)
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Legal Document 48 Filed: 6/23/2023, Entered: 6/23/2023 LetterCourt Filing
LETTER by Charles McGonigal as to Charles McGonigal, Sergey Shestakov addressed to Judge Jennifer H. Rearden from Seth D. DuCharme dated June 23, 2023 re: Classified Conference Document filed by Charles McGonigal. (DuCharme, Seth)
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Legal Document 47 Filed: 6/2/2023, Entered: 6/2/2023 LetterCourt Filing
LETTER by USA as to Charles McGonigal, Sergey Shestakov addressed to Judge Jennifer H. Rearden from Derek Wikstrom dated June 2, 2023 re: Status Update Document filed by USA. (Wikstrom, Derek)
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Legal Document 46 Filed: 5/30/2023, Entered: 5/30/2023 OrderCourt Filing
ORDER as to Charles McGonigal, Sergey Shestakov. It is hereby ORDERED that: 1. Trial will commence on June 12, 2024 at 10:00 a.m. 2. Defendants' pretrial motions are due February 2, 2024, with the Government's responses due February 16, 2024, and Defendants' replies, if any, due February 23, 2024. 3. Any motions in limine or trial memoranda, as well as proposed voir dire, proposed jury instructions, and proposed verdict forms, shall be filed by May 10, 2024. Any oppositions to motions in limine or trial memoranda shall be filed by May 24, 2024. The parties are directed to Rule 8 of the Court's Individual Rules and Practices in Criminal Cases for further requirements as to the submission of pretrial materials, exhibit lists, exhibits, and materials pursuant to 18 U.S.C. ยง 3500. 4. Any motions to sever are due May 10, 2024, with responses due May 24, 2024. 5. A final pretrial conference will be held on May 30, 2024 at 11:30 a.m. The conference will occur in Courtroom 12B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 05/30/2023)(kpk)
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Blank  Filed: None, Entered: None Note Regarding Deleted Document
***DELETED DOCUMENT. Deleted document number 47. "NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Charles McGonigal, Sergey Shestakov. Notice is hereby given that an official transcript of a Conference proceeding held on 5/10/23 has been filed by the court reporter/transcriber in the above-captioned matter," as to Charles McGonigal (1), Sergey Shestakov (2). The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 5/17/2023 by (Moya, Goretti). Court Reporters Office/SDNY requested the deletion of this docket entry via E-Mail to Criminal Case Ops Inbox on 5/17/2023. ***] (bw)
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Blank  Filed: None, Entered: None Note Regarding Deleted Document
***DELETED DOCUMENT. Deleted document number 46. "TRANSCRIPT of Proceedings as to Charles McGonigal, Sergey Shestakov re: Conference held on 5/10/23 before Judge Jennifer H. Rearden," as to Charles McGonigal (1), Sergey Shestakov (2). The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 5/17/2023 by (Moya, Goretti). Court Reporters Office/SDNY requested the deletion of this docket entry via E-Mail to Criminal Case Ops Inbox on 5/17/2023. ***] (bw)
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Blank  Filed: None, Entered: None Note Regarding Deleted Document
***DELETED DOCUMENT. Deleted document number 47. "NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Charles McGonigal, Sergey Shestakov. Notice is hereby given that an official transcript of a Conference proceeding held on 5/10/23 has been filed by the court reporter/transcriber in the above-captioned matter," as to Charles McGonigal (1), Sergey Shestakov (2). The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 5/17/2023 by (Moya, Goretti). Court Reporters Office/SDNY requested the deletion of this docket entry via E-Mail to Criminal Case Ops Inbox on 5/17/2023. ***] (bw)
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Blank  Filed: None, Entered: None Status Conference
Minute Entry for proceedings held before Judge Jennifer H. Rearden: Status Conference as to Charles McGonigal, Sergey Shestakov held on 5/10/2023. Defendant Charles McGonigal present with Retained attorneys Seth DuCharme and Meagan Maloney. Defendant Sergy Shestakov present with Retained attorneys Rita Glavin, Katherine Petrino and Leo Korman. AUSAs Hagan Cordell Scotten, Derek Wikstrom and Rebecca Dell present for the Government. All parties should submit an email with conflicted dates from March 1, 2024 and June 30, 2024. Government counsel are directed to submit status report to the Court by June 2, 2023. An updated report should be submitted by July 10, 2023, and a follow up report by August 8, 2023. If Defendants' counsel differ with the Government, they should file their own report(s). Next conference is scheduled for Thursday, September 14, 2023, at 11:30 AM. Time is excluded under the Speedy Trial Act from today through September 14, 2023. Bail continues as previously set as to both defendants. (Status Conference set for 9/14/2023 at 11:30 AM before Judge Jennifer H. Rearden) (Court Reporter Alena Lynch) (ap)
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Legal Document 45 Filed: 5/9/2023, Entered: 5/9/2023, Terminated: 9/13/2023 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Jennifer H. Rearden from Rita M. Glavin dated May 9, 2023 re: May 8, 2023 Order . Document filed by Sergey Shestakov as to Charles McGonigal, Sergey Shestakov. (Glavin, Rita)
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Legal Document 44 Filed: 5/8/2023, Entered: 5/8/2023 LetterCourt Filing
LETTER by USA as to Charles McGonigal, Sergey Shestakov addressed to Judge Jennifer H. Rearden from Derek Wikstrom dated May 8, 2023 re: Status Update Document filed by USA. (Wikstrom, Derek)
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Legal Document 43 Filed: 5/8/2023, Entered: 5/8/2023 OrderCourt Filing
ORDER as to Charles McGonigal, Sergey Shestakov: A status conference will take place on May 10, 2023 at 2:00 PM in Courtroom 12B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. Prior to the conference, counsel for the Government and for Defendants shall consult and reach agreement, if possible, on a proposed month for trial. See Feb. 9, 2023 Conf. Tr. at 21-22 (approving Defendants' request on consent for 90 days to review discovery before setting a date for trial). (Signed by Judge Jennifer H. Rearden on 5/8/2023) (ap)
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Sealed Legal Document 42 Filed: 4/12/2023, Entered: 4/12/2023 Sealed document
SEALED DOCUMENT placed in vault. (jus)
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Sealed Legal Document 41 Filed: 4/12/2023, Entered: 4/12/2023 Sealed document
SEALED DOCUMENT placed in vault. (jus)
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Legal Document 40 Filed: 4/5/2023, Entered: 4/5/2023 LetterCourt Filing
LETTER by USA as to Charles McGonigal, Sergey Shestakov addressed to Judge Jennifer H. Rearden from AUSA Hagan Scotten dated April 5, 2023 re: Status Letter Document filed by USA. (Scotten, Hagan)
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Legal Document 39 Filed: 3/27/2023, Entered: 3/27/2023 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Charles McGonigal, Sergey Shestakov. Notice is hereby given that an official transcript of a Conference proceeding held on 3/8/2023 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 38 Filed: 3/27/2023, Entered: 3/27/2023 transcriptCourt Filing
TRANSCRIPT of Proceedings as to Charles McGonigal, Sergey Shestakov re: Conference held on 3/8/2023 before Judge Jennifer H. Rearden. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/17/2023. Redacted Transcript Deadline set for 4/27/2023. Release of Transcript Restriction set for 6/26/2023. (McGuirk, Kelly)
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Blank  Filed: None, Entered: None Status Conference
Minute Entry for proceedings held before Judge Jennifer H. Rearden:Classified Information Procedure Act (CIPA) Hearing held on 3/8/2023. Defendant Charles McGonigal present with Retained attorneys Seth DuCharme and Meagan Maloney. Defendant Sergey Shestakov present with Retained attorneys Rita Glavin and Katherine Petrino. A Classified Information Security Officer from the Department of Justice was present. Court reporter Pamela Utter (jw)
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Blank  Filed: None, Entered: None Status Conference
Minute Entry for proceedings held before Judge Jennifer H. Rearden:Status Conference as to Charles McGonigal, Sergey Shestakov held on 3/8/2023. Defendant Charles McGonigal present with Retained attorneys Seth DuCharme and Meagan Maloney. Defendant Sergy Shestakov present with Retained attorneys Rita Glavin and Katherine Petrino. AUSA Hagan Cordell Scotten and Derek Wikstrom present for the Government. Court reporter Pamela Utter. Counsel are directed to submit a joint status letter to the Court by April 5, 2023. Next conference is scheduled for Wednesday, May 10, 2023, at 2:00 PM. Time is excluded under the Speedy Trial Act from today through May 10, 2023. Bail continues as previously set as to both defendants. ( Status Conference set for 5/10/2023 at 02:00 PM before Judge Jennifer H. Rearden.) (jw)
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Legal Document 37 Filed: 3/7/2023, Entered: 3/7/2023 LetterCourt Filing
LETTER by USA as to Charles McGonigal, Sergey Shestakov addressed to Judge Jennifer H. Rearden from AUSA Hagan Scotten dated March 7, 2023 re: McGonigal CIPA Letter Document filed by USA. (Scotten, Hagan)
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Legal Document (Payment Possibly Required) 36 Filed: 3/7/2023, Entered: 3/7/2023 notice of attorney appearance - defendant
NOTICE OF ATTORNEY APPEARANCE: Leo Korman appearing for Sergey Shestakov. Appearance Type: Retained. (Korman, Leo)
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Blank  Filed: None, Entered: None Status Conference
Minute Entry for proceedings held before Judge Jennifer H. Rearden:Classified Information Procedure Act (CIPA) Hearing held held on 3/6/2023. AUSA Hagan Cordell Scotten and Derek Wikstrom present for the Government. A Classified Information Security Officer from the Department of Justice was present. Court reporter Eve Giniger. (jw)
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Legal Document 35 Filed: 3/3/2023, Entered: 3/3/2023 protective orderCourt Filing
PROTECTIVE ORDER as to Charles McGonigal, Sergey Shestakov...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Jennifer H. Rearden on 3/3/2023) (lnl)
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Legal Document (Payment Possibly Required) 34 Filed: 3/3/2023, Entered: 3/3/2023 Order on Letter MotionCourt Filing
MEMO ENDORSEMENT as to Sergey Shestakov (2) denying [28] LETTER MOTION addressed to Judge Jennifer H. Rearden from Rita Glavin dated 2/24/23 re: Protective Order. ENDORSEMENT: Defendant Shestakov's application is DENIED. The Clerk of Court is directed to terminate ECF No. 28. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/3/2023) (lnl)
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Legal Document 33 Filed: 3/3/2023, Entered: 3/3/2023 OrderCourt Filing
ORDER as to Charles McGonigal, Sergey Shestakov: IT IS HEREBY ORDERED that, pursuant to Section 2 of the Classified Information Procedures Act, 18 U.S.C. app. 3 ยง 2, an ex parte conference with the Government will take place at the previously agreed upon time and place. Subsequently, an ex parte conference with Defendants will take place at the previously agreed upon time and place. The Clerk of Court is directed to terminate ECF No. 20. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/3/2023)(lnl)
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Legal Document (Payment Possibly Required) 32 Filed: 3/2/2023, Entered: 3/2/2023 Reply to Response to motionCourt Filing
LETTER REPLY TO RESPONSE to Motion by Sergey Shestakov addressed to Judge Jennifer H. Rearden from Rita M. Glavin dated March 2, 2023 re [28] LETTER MOTION addressed to Judge Jennifer H. Rearden from Rita Glavin dated 2/24/23 re: Protective Order .. Responding to Feb. 28 Letter by USA at ECF 29 (Glavin, Rita)
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Legal Document (Payment Possibly Required) 31 Filed: 3/2/2023, Entered: 3/2/2023 Reply to Response to motionCourt Filing
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#32) LETTER REPLY TO RESPONSE to Motion by Sergey Shestakov addressed to Judge Jennifer H. Rearden from Rita M. Glavin dated March 2, 2023 re [28] LETTER MOTION addressed to Judge Jennifer H. Rearden from Rita Glavin dated 2/24/23 re: Protective Order .. Responding to Feb. 28 Letter by USA at ECF 29 (Glavin, Rita) Modified on 3/3/2023 (lb).
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Legal Document 30 Filed: 3/1/2023, Entered: 3/1/2023 LetterCourt Filing
LETTER by Charles McGonigal addressed to Judge Jennifer H. Rearden from Seth D. DuCharme dated March 1, 2023 re: Section 2 Conference (DuCharme, Seth)
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Legal Document 29 Filed: 2/28/2023, Entered: 2/28/2023 Reply to Response to motionCourt Filing
LETTER REPLY TO RESPONSE to Motion by USA as to Charles McGonigal, Sergey Shestakov addressed to Judge Jennifer H. Rearden from Derek Wikstrom dated February 28, 2023 re [28] LETTER MOTION addressed to Judge Jennifer H. Rearden from Rita Glavin dated 2/24/23 re: Protective Order ., [22] LETTER MOTION addressed to Judge Jennifer H. Rearden from Derek Wikstrom dated February 15, 2023 re: protective order .. (Wikstrom, Derek)
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Legal Document (Payment Possibly Required) 28 Filed: 2/24/2023, Entered: 2/24/2023, Terminated: 3/3/2023 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Jennifer H. Rearden from Rita Glavin dated 2/24/23 re: Protective Order . Document filed by Sergey Shestakov. (Attachments: # (1) Exhibit Ex. A, # (2) Exhibit Ex. B)(Glavin, Rita)
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Legal Document 27 Filed: 2/21/2023, Entered: 2/21/2023 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Charles McGonigal, Sergey Shestakov. Notice is hereby given that an official transcript of a Conference proceeding held on 2/9/2023 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 26 Filed: 2/21/2023, Entered: 2/21/2023 transcriptCourt Filing
TRANSCRIPT of Proceedings as to Charles McGonigal, Sergey Shestakov re: Conference held on 2/9/2023 before Judge Jennifer H. Rearden. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2023. Redacted Transcript Deadline set for 3/24/2023. Release of Transcript Restriction set for 5/22/2023. (McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 25 Filed: 2/17/2023, Entered: 2/17/2023 Memo EndorsementCourt Filing
MEMO ENDORSEMENT as to Sergey Shestakov on [24] LETTER MOTION addressed to Judge Jennifer H. Rearden from Rita Glavin dated 2/17/23 re: Request for Extension of Time to Respond. ENDORSEMENT: SO ORDERED. (Responses due by 2/24/2023) (Signed by Judge Jennifer H. Rearden on 2/17/2023) (lnl)
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Legal Document (Payment Possibly Required) 24 Filed: 2/17/2023, Entered: 2/17/2023, Terminated: 2/17/2023 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Jennifer H. Rearden from Rita Glavin dated 2/17/23 re: Request for Extension of Time to Respond . Document filed by Sergey Shestakov. (Glavin, Rita)
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Legal Document 23 Filed: 2/16/2023, Entered: 2/16/2023 Memo EndorsementCourt Filing
MEMO ENDORSEMENT as to Charles McGonigal, Sergey Shestakov on [22] LETTER MOTION addressed to Judge Jennifer H. Rearden from Derek Wikstrom dated February 15, 2023 re: protective order. ENDORSEMENT: By February 21, 2023, Defendant Sergey Shestakov shall respond to the Government's application in a letter limited to five single-spaced pages. In responding, Defendant Shestakov is encouraged to proffer authority for the proposition that the obligations described in the second sentence of paragraph 3 of the Government's proposed protective order, as well as in paragraph 7, should be reciprocal. SO ORDERED. (Responses due by 2/21/2023) (Signed by Judge Jennifer H. Rearden on 2/16/2023) (lnl)
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Legal Document 22 Filed: 2/15/2023, Entered: 2/15/2023, Terminated: 3/3/2023 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Jennifer H. Rearden from Derek Wikstrom dated February 15, 2023 re: protective order . Document filed by USA as to Charles McGonigal, Sergey Shestakov. (Attachments: # (1) Text of Proposed Order Ex. A - Proposed Protective Order)(Wikstrom, Derek)
  • Attachment 1 Text of Proposed Order Ex. A - Proposed Protective Order
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Legal Document 21 Filed: 2/10/2023, Entered: 2/10/2023 OrderCourt Filing
ORDER as to Charles McGonigal, Sergey Shestakov. IT IS HEREBY ORDERED that the conference in this matter, previously scheduled for March 9, 2023, at 11:30 am, is RESCHEDULED for March 8, 2023, at 12:30 pm in Courtroom 12B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that, the time between February 9, 2023 and March 9, 2023 having previously been excluded under the Speedy Trial Act, the time between March 8, 2023 and March 9, 2023 will no longer be excluded absent further order by this Court. SO ORDERED. ( Status Conference set for 3/8/2023 at 12:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden. )(Signed by Judge Jennifer H. Rearden on 2/10/2023)(bw)
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Blank  Filed: None, Entered: None Status Conference
Minute Entry for proceedings held before Judge Jennifer H. Rearden: Status Conference as to Charles McGonigal, Sergey Shestakov held on 2/9/2023. Defendant Charles McGonigal present with Retained attorney Seth DuCharme and Meagan Maloney. Defendant Sergy Shestakov present with Retained attorney Rita Glavin and Katherine Petrino. AUSA Hagan Cordell Scotten, Rebecca Dell and Derek Wikstrom present for the government. Next conference is scheduled for Thursday, March 9, 2023, at 11:30 AM. Time is excluded under the Speedy Trial Act from today until March 9, 2023. Bail continues as previously set as to both defendants. (Status Conference set for 3/9/2023 at 11:30 AM before Judge Jennifer H. Rearden) (Court Reporter Khris Sellin) (ap)
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Legal Document 20 Filed: 2/8/2023, Entered: 2/8/2023, Terminated: 3/3/2023 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Jennifer H. Rearden from Rebecca T. Dell dated 2/8/2023 re: Section 2 Conference . Document filed by USA as to Charles McGonigal, Sergey Shestakov. (Dell, Rebecca)
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Legal Document (Payment Possibly Required) 19 Filed: 2/6/2023, Entered: 2/6/2023 notice of attorney appearance - defendant
NOTICE OF ATTORNEY APPEARANCE: Katherine Ellen Petrino appearing for Sergey Shestakov. Appearance Type: Retained. (Petrino, Katherine)
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Legal Document (Payment Possibly Required) 18 Filed: 2/6/2023, Entered: 2/6/2023 notice of attorney appearance - defendant
NOTICE OF ATTORNEY APPEARANCE: Rita Marie Glavin appearing for Sergey Shestakov. Appearance Type: Retained. (Glavin, Rita)
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Legal Document 17 Filed: 2/3/2023, Entered: 2/3/2023 Notice of Filing Transcript
NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Charles McGonigal. Notice is hereby given that an official transcript of a Hearing proceeding held on 1/23/2023 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.... (js)
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Legal Document 16 Filed: 2/3/2023, Entered: 2/3/2023 transcriptCourt Filing
TRANSCRIPT of Proceedings as to Charles McGonigal re: Hearing held on 1/23/2023 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Marissa Mignano (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/24/2023. Redacted Transcript Deadline set for 3/6/2023. Release of Transcript Restriction set for 5/4/2023. (js)
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Legal Document 15 Filed: 1/27/2023, Entered: 1/27/2023 OrderCourt Filing
ORDER as to Charles McGonigal, Sergey Shestakov. Having received the letter from defense counsel for Defendant Shestakov dated January 26, 2023, it is hereby ORDERED that Defendant Shestakov's unopposed request to adjourn the February 1, 2023 conference is GRANTED. The conference will be held on February 9, 2023 at 11:00 AM in Courtroom 12B, 500 Pearl Street, New York, New York 10007. IT IS FURTHER ORDERED that time is excluded under the Speedy Trial Act between February 6, 2023 and February 9, 2023 to ensure continuity of counsel, to allow Defendant Shestakov to appear with new counsel, and in the interests of justice. 18 U.S.C. ยง 3161(h)(7)(A). IT IS FURTHER ORDERED that, until Defendant Shestakov has retained new counsel, the attorneys of Epstein Sacks PLLC shall continue to represent Defendant for all purposes in this case. The Clerk of Court is directed to terminate ECF No. 14. SO ORDERED. ( Status Conference set for 2/9/2023 at 11:00 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden. ) (Signed by Judge Jennifer H. Rearden on 1/27/2023)(bw)
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Legal Document (Payment Possibly Required) 14 Filed: 1/26/2023, Entered: 1/26/2023, Terminated: 1/27/2023 Letter MotionCourt Filing
LETTER MOTION addressed to Judge Jennifer H. Rearden from Sarah M. Sacks dated January 26, 2023 re: Adjournment of Initial Pretrial Conference . Document filed by Sergey Shestakov. (Sacks, Sarah)
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Legal Document (Payment Possibly Required) 13 Filed: 1/26/2023, Entered: 1/26/2023 notice of attorney appearance - defendant
NOTICE OF ATTORNEY APPEARANCE: Sarah M Sacks appearing for Sergey Shestakov. Appearance Type: Retained. (Sacks, Sarah)
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Legal Document 12 Filed: 1/24/2023, Entered: 1/24/2023 OrderCourt Filing
ORDER as to Charles McGonigal, Sergey Shestakov. IT IS HEREBY ORDERED that an initial conference will take place on February 1, 2023 at 3:00 PM in Courtroom 15A, 500 Pearl Street, New York, NY 10007. At the conference, a trial date will be chosen. After the Government recites the procedural history of this case, outlines the nature of the evidence it intends to offer at any trial, and proposes a schedule for the production of discovery materials to Defendants, the Court will consult the parties regarding the scheduling of the trial. Once a trial date is selected, a schedule for motions and the exchange of expert statements will be set, and the propriety of any exclusion of time under the Speedy Trial Act will be addressed. IT IS FURTHER ORDERED that counsel for the Government and for Defendants consult in advance of the conference to reach agreement, if possible, on a proposed date for the trial. SO ORDERED. ( Initial Conference set for 2/1/2023 at 03:00 PM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden. ) (Signed by Judge Jennifer H. Rearden on 1/24/2023)(bw)
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Legal Document 11 Filed: 1/23/2023, Entered: 1/23/2023 OrderCourt Filing
Bradyc ORDER as to Charles McGonigal, Sergey Shestakov.. (Signed by Magistrate Judge Sarah L Cave on 1/23/23)(jm)
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Legal Document 10 Filed: 1/23/2023, Entered: 1/23/2023 initial appearanceCourt Filing
Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Initial Appearance as to Charles McGonigal held on 1/23/2023. Defendant is present with counsel Seth Ducharme; AUSAs Dell, Scotten and Wikstrom are also present. Bail is seta s follows: $500,000 PRB, 2 FRPs; travel restricted to sdny/edny/dc for Court appearances; surrender travel documents and no new applications; supervision as directed by PTS; Defendant may not open new bank accounts or lines of credit without prior permission of PTS; defendant may not contact any victims, witnesses of co-defendants unless in presence of counsel; defendant may travel to DC cor Court appearances without further leave of Court, but must provide notice to PTS; defendant may travel in Continental U.s. (i.e., outside of sdny/edny/dc) with permission of PTS. (jm)
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Legal Document (Payment Possibly Required) 9 Filed: 1/23/2023, Entered: 1/23/2023 bond
PRB Bond Entered as to Sergey Shestakov in amount of $ 200,000. (jm)
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Legal Document (Payment Possibly Required) 8 Filed: 1/23/2023, Entered: 1/23/2023 initial appearanceCourt Filing
Minute Entry for proceedings held before Magistrate Judge Sarah L Cave:Initial Appearance as to Sergey Shestakov held on 1/23/2023. Defendant is present with counsel Bennett Epstein; AUSAs Dell, Scotten and Wikstrom are also present. Bail is set as follows: $200,000.00 PRB;CO-SIGNED BY 2 FRP'S; TRAVEL RESTRICTED TO THE SDNY/EDNY/D.CONN;SURRENDER OF TRAVEL DOCUMENTS AND NO NEW APPLICATIONS;PRETRIAL SUPERVISION AS DIRECTED BY PTS; LOCATION MONITORING TECHNOLOGY AS DIRECTED BY PTS; STAND ALONE MONITORING; DEFT TO BE RELEASED UPON OWN SIGNATURE WITH ALL REMAINING CONDITIONS TO BE MET BY 1/30/23;DEFT MAY NOT OPEN ANY NEW FINANCIAL ACCOUNTS OR LINES OF CREDIT WITHOUT THEPRIOR PERMISSION FROM PTS; DEFT MAY NOT CONTACT ANY CO-DEFT, VICTIMS OR WITNESSES UNLESS IN THE PRESENCE OF COUNSEL;UPON THE SURRENDER BOTH U.S. AND RUSSIAN PASSPORTS TO PTS EITHER IN THE SDNY OR D. CONN, PTS SHALL REMOVE LM BRACELET; DEFT HAS UNTIL 1/30/23 TO SURRENDER BOTH PASSPORTS AND OBTAIN 2 FRP'S (Actual arrest date 1/21/23) (jm)
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Legal Document 7 Filed: 1/23/2023, Entered: 1/23/2023 notice of attorney appearance - defendant
NOTICE OF ATTORNEY APPEARANCE: Meagan Maloney appearing for Charles McGonigal. (jm)
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Legal Document 6 Filed: 1/23/2023, Entered: 1/23/2023 notice of attorney appearance - defendant
NOTICE OF ATTORNEY APPEARANCE: Seth David DuCharme appearing for Charles McGonigal. (jm)
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Legal Document 3 Filed: 1/23/2023, Entered: 1/23/2023 Order to Unseal IndictmentCourt Filing
Order to Unseal Indictment as to Sealed Defendant 1, Sealed Defendant 2. (Signed by Magistrate Judge Sarah L Cave on 1/23/23)(jm)
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Blank  Filed: None, Entered: None Add and Terminate Attorneys
Attorney update in case as to Charles McGonigal (1). Attorney Meagan Maloney for Charles McGonigal added. (bw)
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Blank  Filed: None, Entered: None arraignment
Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Deft. is present with counsel Seth Ducharme; AUSAs Dell, Scotten and Wikstrom are also present. Arraignment as to Charles McGonigal (1) Count 1,2,3,4Charles McGonigal (1) Count 1,2,3,4 held on 1/23/2023., Plea entered by Charles McGonigal (1) Count 1,2,3,4 Charles McGonigal (1) Count 1,2,3,4 Not Guilty. Speedy Trial Time excluded until 2/6/23. (jm)
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Blank  Filed: None, Entered: None arraignment
Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Defendant is present with counsel Bennett Epstein; AUSAs Dell, Scotten and Wikstrom are also present. Arraignment as to Sergey Shestakov (2) Count 1,2,3,4,5 Sergey Shestakov (2) Count 1,2,3,4,5 held on 1/23/2023., Plea entered by Sergey Shestakov (2) Count 1,2,3,4,5 Sergey Shestakov (2) Count 1,2,3,4,5 Not Guilty. Speedy Trial Time is excluded until 2/6/23. (jm)
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Blank  Filed: None, Entered: None arrest
Arrest of Sergey Shestakov. (jm)
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Blank  Filed: None, Entered: None arrest
Arrest of Charles McGonigal. (jm)
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Blank  Filed: None, Entered: None Add and Terminate Attorneys
Attorney update in case as to Charles McGonigal, Sergey Shestakov. Attorney Rebecca Talia Dell,Hagan Cordell Scotten,Derek Wikstrom for USA added. (jm)
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Blank  Filed: None, Entered: None Case Assigned/Reassigned
Case as to Charles McGonigal, Sergey Shestakov ASSIGNED to Judge Jennifer H. Rearden. (jm)
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Blank  Filed: None, Entered: None Case Designated ECF.
Case Designated ECF as to Charles McGonigal, Sergey Shestakov. (jm)
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Blank  Filed: None, Entered: None Indictment Unsealed
INDICTMENT UNSEALED as to Charles McGonigal, Sergey Shestakov. (jm)
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Sealed Legal Document 1 Filed: 1/18/2023, Entered: 1/18/2023 Sealed document
SEALED DOCUMENT placed in vault. (jus)
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Legal Document 2 Filed: 1/12/2023, Entered: 1/23/2023 Indictment (Sealed)
SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 3, 4, Sealed Defendant 2 (2) count(s) 1, 2, 3, 4, 5. (jm)
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