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 265 |
Filed: 1/10/2025, Entered: None |
Order on Motion to Modify Conditions of Release |
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 Request |
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| 264 |
Filed: 1/9/2025, Entered: None |
Modify Conditions of Release |
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Request |
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| 263 |
Filed: 1/2/2025, Entered: None |
Endorsed Letter |
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Request |
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| 262 |
Filed: 1/2/2025, Entered: None |
Letter |
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Request |
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| 261 |
Filed: 1/2/2025, Entered: None |
Memo Endorsement |
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Request |
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| 260 |
Filed: 1/2/2025, Entered: None |
extension of time |
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Request |
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| 258 |
Filed: 12/19/2024, Entered: None |
Order |
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Request |
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| 257 |
Filed: 12/18/2024, Entered: None |
Amend/Correct |
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Request |
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| 256 |
Filed: 12/18/2024, Entered: None |
Amend/Correct |
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Request |
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| 253 |
Filed: 12/4/2024, Entered: None |
Order on Motion to Modify Conditions of Release |
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Request |
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| 252 |
Filed: 12/4/2024, Entered: None |
Modify Conditions of Release |
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Request |
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| 251 |
Filed: 11/26/2024, Entered: None |
Order on Motion to Modify Conditions of Release |
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Request |
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| 247 |
Filed: 11/25/2024, Entered: None |
Modify Conditions of Release |
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Request |
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| 243 |
Filed: 11/19/2024, Entered: None |
Notice of Filing Transcript |
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Request |
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| 242 |
Filed: 11/19/2024, Entered: None |
Transcript |
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Request |
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| 238 |
Filed: 11/1/2024, Entered: None |
Judgment |
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Request |
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| 234 |
Filed: 10/28/2024, Entered: None |
Order |
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Request |
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| 222 |
Filed: 10/15/2024, Entered: None |
Sentencing Submission |
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Request |
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| 219 |
Filed: 10/9/2024, Entered: None |
Sentencing Submission |
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Request |
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| 214 |
Filed: 10/2/2024, Entered: None |
Letter |
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Request |
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| 213 |
Filed: 10/2/2024, Entered: None |
Sentencing Submission |
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Request |
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| 212 |
Filed: 10/2/2024, Entered: None |
Sentencing Submission |
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Request |
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| 211 |
Filed: 10/2/2024, Entered: None |
Sentencing Submission |
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Request |
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| 210 |
Filed: 10/2/2024, Entered: None |
Sentencing Submission |
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Request |
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| 209 |
Filed: 10/2/2024, Entered: None |
Sentencing Submission |
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Request |
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| 208 |
Filed: 10/2/2024, Entered: None |
Sentencing Submission |
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Request |
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| 201 |
Filed: 9/24/2024, Entered: None |
Memo Endorsement |
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Request |
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| 200 |
Filed: 9/21/2024, Entered: None |
Continue |
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Request |
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| 187 |
Filed: 7/2/2024, Entered: None |
Memo Endorsement |
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Request |
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| 186 |
Filed: 7/1/2024, Entered: None |
Modify Conditions of Release |
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Request |
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| 185 |
Filed: 7/1/2024, Entered: None |
Memo Endorsement |
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Request |
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| 184 |
Filed: 6/28/2024, Entered: None |
Modify Conditions of Release |
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Request |
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| 179 |
Filed: 6/6/2024, Entered: None |
Memo Endorsement |
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Request |
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| 159 |
Filed: 5/22/2024, Entered: None |
Continue |
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Request |
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| 125 |
Filed: 4/23/2024, Entered: 4/23/2024 |
Order |
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ORDER as to Bruce Garelick. Today the Court distributed to the parties the voir dire that it intends to use to select the jury in this case and its preliminary instructions. Objections and requests with respect to the voir dire must be filed on ECF no later than 5 P.M. on April 25, 2024. (Signed by Judge Lewis J. Liman on 4/23/2024)(bts)
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| 115 |
Filed: 4/12/2024, Entered: 4/12/2024 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick. Notice is hereby given that an official transcript of a Conference proceeding held on 3/29/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly)
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Request |
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| 114 |
Filed: 4/12/2024, Entered: 4/12/2024 |
transcript |
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TRANSCRIPT of Proceedings as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick re: Conference held on 3/29/2023 before Judge Lewis J. Liman. Court Reporter/Transcriber: Kristen Carannante, (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 5/3/2024. Redacted Transcript Deadline set for 5/13/2024. Release of Transcript Restriction set for 7/11/2024. (McGuirk, Kelly)
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Request |
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Filed: None, Entered: None |
terminate deadlines and hearings |
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Terminate Deadlines and Hearings as to Gerald Shvartsman: Pretrial Conference. (mf)
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Filed: None, Entered: None |
Notice of hearing |
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NOTICE OF RESCHEDULED HEARING as to Gerald Shvartsman: The Sentencing hearing previously set for July 11, 2024 is RESCHEDULED to July 17, 2024 at 3:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. Defense sentencing submission is due by July 3, 2024. Government sentencing submission due by July 10, 2024. (mf)
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Filed: None, Entered: None |
Order of Referral to Probation for Presentence Investigation and Report |
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Oral Order of Referral to Probation for Presentence Investigation and Report as to Gerald Shvartsman. (Signed by Judge Lewis J. Liman on 4/3/2024) (ap)
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Filed: None, Entered: None |
Plea Entered |
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Minute Entry for proceedings held before Judge Lewis J. Liman: Plea entered by Gerald Shvartsman (2) Guilty as to Count 4s. (ap)
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Filed: None, Entered: None |
Change of Plea Hearing |
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Minute Entry for proceedings held before Judge Lewis J. Liman: Change of Plea Hearing as to Gerald Shvartsman held on 4/3/2024. Defendant (2), Gerald Shvartsman (on bail) present, with retained attorney Roland Riopelle. AUSAs Daniel Nessim, Elizabeth Hanft, and Matthew Shahabian present. FBI Special Agent Marc Troiano present. Court reporter present. Defendant, Gerald Shvartsman, sworn in, withdraws previous plea and enters a plea of Guilty to Count 4 of the (S1) Superseding Indictment. Court Exhibit #1 - Plea Agreement. Consent Order of Forfeiture to be entered. Defendant's bail continued as previously set pending sentencing. PSI ordered, interview must be held with defense counsel present. Sentencing set for July 11, 2024 at 2:00PM in Courtroom 15C at the 500 Pearl Street Courthouse before Judge Lewis J. Liman. (Sentencing set for 7/11/2024 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman) (ap)
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Filed: None, Entered: None |
Change of Plea Hearing |
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Minute Entry for proceedings held before Judge Lewis J. Liman: Change of Plea Hearing as to Gerald Shvartsman held on 4/3/2024. Defendant (2), Gerald Shvartsman (on bail) present, with retained attorney Roland Riopelle. AUSAs Daniel Nessim, Elizabeth Hanft, and Matthew Shahabian present. FBI Special Agent Marc Troiano present. Court reporter present. Defendant, Gerald Shvartsman, sworn in, withdraws previous plea and enters a plea of Guilty to Count 4 of the (S1) Superseding Indictment. Court Exhibit #1 - Plea Agreement. Consent Order of Forfeiture to be entered. Defendant's bail continued as previously set pending sentencing. PSI ordered, interview must be held with defense counsel present. Sentencing set for July 11, 2024 at 2:00PM in Courtroom 15C at the 500 Pearl Street Courthouse before Judge Lewis J. Liman. (Sentencing set for 7/11/2024 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman) (ap)
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| 106 |
Filed: 4/2/2024, Entered: 4/2/2024 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Jason Anthony Driscoll appearing for Michael Shvartsman, Gerald Shvartsman, Bruce Garelick. Appearance Type: Retained. (Driscoll, Jason)
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Request |
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Filed: None, Entered: None |
Notice of hearing |
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NOTICE OF HEARING as to Gerald Shvartsman: A Change of Plea Hearing is scheduled for April 3, 2024 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf)
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Filed: None, Entered: None |
scheduling conference |
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Minute Entry for proceedings held before Judge Lewis J. Liman: Scheduling Conference as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick held on 3/29/2024. Retained attorney Tai Park present on behalf of Defendant (1), Michael Shvartsman (on bail). Retained attorney Roland Riopelle present on behalf of Defendant (2), Gerald Shvartsman (on bail). Alexandra Shapiro and Jonathan Bach present on behalf of Defendant (3), Bruce Garelick (on bail). AUSAs Elizabeth Hanft and Matthew Shahabian present. Court reporter present. All defendants waive their appearance for the conference. (ap)
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Filed: None, Entered: None |
Notice of hearing |
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NOTICE OF HEARING as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick: The Court will hold a Scheduling Conference in this matter on March 29, 2024 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf)
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| 102 |
Filed: 3/20/2024, Entered: 3/20/2024 |
Memorandum and Opinion |
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OPINION AND ORDER as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick. Defendants' motions are DENIED. The Clerk of Court is respectfully directed to close Dkt. Nos. 46, 51, and 55. (Signed by Judge Lewis J. Liman on 3/20/2024) (See ORDER set forth) (ap)
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Request |
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [94] MOTION for Grant J. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29058614. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)
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 90 |
Filed: 2/28/2024, Entered: 2/28/2024 |
Sealed document |
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SEALED DOCUMENT placed in vault. (jus)
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| 85 |
Filed: 2/9/2024, Entered: 2/9/2024 |
Order |
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ORDER as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick: Defendant Michael Shvartsman shall file any motions related to the new charges against him in the Superseding Indictment, Dkt. No. 81, by February 29, 2024. The Government shall file an opposition by March 14, 2024. Defendant Michael Shvartsman shall file a reply by March 19, 2024. The Court hereby establishes the following disclosure schedule: the Government's initial expert disclosures are due February 22, 2024; Defendants' initial and rebuttal expert disclosures are due March 6, 2024; the Government's rebuttal expert disclosures are due March 16, 2024; the Rule 404(b) notice is due March 22, 2024; the Governments exhibits and witness list are due April 16, 2024; Defendants' Rule 16 productions are due April 20, 2024; Defendants' exhibits and witness lists are due April 25, 2022. Finally, the Court adjusts prior deadlines as follows: requests to charge, proposed voir dire, and motions in limine are due by April 5, 2024 and objections to requests to charge and responses to motions in limine are due by April 12, 2024. The Court will hold a final pretrial conference on April 17, 2024 at 10:00 A.M. in Courtroom 15C, 500 Pearl Street, New York, NY 10007. The jury trial of this matter will commence on April 29, 2024 at 9:00 A.M. in Courtroom 15C, 500 Pearl Street, New York, NY 10007. SO ORDERED. (Motions in Limine due by 4/5/2024. Responses due by 4/12/2024. Final Pretrial Conference set for 4/17/2024 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. Jury Trial set for 4/29/2024 at 09:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 2/8/2024) (lnl)
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Request |
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Filed: None, Entered: None |
Plea Entered |
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Minute Entry for proceedings held before Judge Lewis J. Liman: Plea entered by Michael Shvartsman (1) Count 1s,3s-7s,10s,11s,12s and Gerald Shvartsman (2) Count 1s,4s,8s-9s,10s and Bruce Garelick (3) Count 1s,2s-4s, 6s-7s,10s Not Guilty. (lnl)
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Filed: None, Entered: None |
Evidentiary Hearing |
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Minute Entry for proceedings held before Judge Lewis J. Liman: Evidentiary Hearing/Arraignment as to Michael Shvartsman (1) Count 1s,3s-7s, 10s,11s,12s and Gerald Shvartsman (2) Count 1s,4s,8s-9s,10s and Bruce Garelick (3) Count 1s,2s-4s,6s-7s,10s held on 2/16/2024. Defendant (1), Michael Shvartsman (on bail) present, with retained attorneys Tai Hyun Park, Andrew Feldman, and Grant Smith. Defendant (2), Gerald Shvartsman (on bail) present, with retained attorney Roland Riopelle. Defendant (3), Bruce Garelick (on bail) present, with retained attorneys Alexandra Shapiro, Jonathan Bach, and Julian Brod. AUSAs Daniel Nessim, Nicolas Roos, Elizabeth Hanft, and Matthew Shahabian present. Court reporter present. Defendant (1), Michael Shvartsman, arraigned on counts 1, 3, 4, 5, 6, 7, 10, 11, and 12 of the (S1) superseding indictment, waives public reading, and pleads Not Guilty to all counts of the (S1) superseding indictment. Defendant (2), Gerald Shvartsman, arraigned on counts 1, 4, 8, 9 and 10 of the (S1) superseding indictment, waives public reading, and pleads Not Guilty to all counts of the the (S1) superseding indictment. Defendant (3), Bruce Garelick, arraigned on counts 1, 2, 3, 4, 6, 7, and 10 of the (S1) superseding indictment, waives public reading, and pleads Not Guilty to all counts of the the (S1) superseding indictment. The Court held a Curcio Hearing with Defendant (3), Bruce Garelick. Defendant was questioned by the Court regarding the potential conflict of interest with Shapiro Arato Bach LLP. Defendant, Bruce Garelick, knowingly and voluntarily waives any claims with regards to the potential conflict of interest and willingly agrees to proceed with Shapiro Arato Bach LLP as counsel. An Evidentiary hearing was held, Government called witnesses U.S. Customs Officer Justo Gonzalez and FBI Examiner Christian Isolda. Witnesses were sworn, testimony was heard and entered through examination by both parties, and the witnesses were excused. The Court heard oral argument from parties. Government brief on inevitable discovery are due by February 15, 2024. Defendants opposition briefs due by February 22, 2024. Government reply due by 5:00PM on February 26, 2024. The Court to issue an Order with the new pretrial deadlines and trial schedule set at the hearing. The Court, on application of the Government and consent of defendant, excludes time from February 8, 2024 until April 29, 2024 pursuant to the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(A), upon a finding that the interest of justice outweighs the interest of the public and the defendant in a speedy trial, in that the time between now and April 29 will allow for discovery to be completed, parties to prepare for trial and parties to discuss potential pretrial dispositions. (lnl)
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Filed: None, Entered: None |
Notice (other) |
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NOTICE TO COUNSEL as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick: At the upcoming hearing scheduled for February 8, 2024 at 10:00AM, the Court will also arraign the defendants on the (S1) Superseding Indictment. (mf)
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| 81 |
Filed: 2/6/2024, Entered: 2/7/2024 |
indictment |
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(S1) SUPERSEDING INDICTMENT FILED as to Michael Shvartsman (1) count(s) 1s, 3s-7s, 10s, 11s, 12s, Gerald Shvartsman (2) count(s) 1s, 4s, 8s-9s, 10s, Bruce Garelick (3) count(s) 1s, 2s-4s, 6s-7s, 10s. (jm)
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Request |
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| 80 |
Filed: 2/6/2024, Entered: 2/7/2024 |
Order |
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ORDER as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick: The Government has filed a letter motion to preclude Defendant Bruce Garelick from calling FBI Special Agent Christopher Youn, FBI Special Agent Marc Troiano, and CBP Task Force Officer Anthony Apath as witnesses at the February 8, 2024 evidentiary hearing. Dkt. No. 77. Defendant Garelick has submitted a response letter, explaining that he "has decided not to call CBP Officer Apath." Dkt. No. 79 at 1. Defendant Garelick also argues that the remainder of the Government's motion is "premature and should be dealt with at the hearing after the government's witnesses have completed their testimony," because "[t]he government has agreed that FBI Special Agents Youn and Troiano will be available at the hearing, and Garelick cannot determine whether he will need to call either of them until after we have heard from the government's witnesses." Id. On the present record, Defendant Garelick has not established that the testimony of either Youn or Troiano will be relevant to the subject of the hearing. See Dkt. No. 73. However, after the conclusion of testimony from the Government's witnesses, the Court will hear from Defendant Garelick on whether, based on the testimony elicited at the hearing, there is a basis to call either Youn or Troiano and, if so, the relevance of their anticipated testimony. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/6/2024) (lnl)
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Request |
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| 73 |
Filed: 1/25/2024, Entered: 1/25/2024 |
Order |
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ORDER as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick. Defendant Bruce Garelick's request for an evidentiary hearing, see Dkt. No. 52 at 1617, is GRANTED. The evidentiary hearing shall be held on February 8, 2024, at 10:00 A.M. in conjunction with oral argument on the Defendants' pretrial motions, Dkt. Nos. 46, 51, 55. After conferring to determine who will testify, Defendant Bruce Garelick and the Government shall file a joint letter no later than January 31, 2024, stating the number and identity of the witnesses each party intends to call and the total amount of time the parties collectively anticipate the evidentiary hearing will require. Defendant Michael Shvartsman's request for the Court to conduct an in camera inspection of the grand jury materials, Dkt. No. 56 at 31, is GRANTED. The Government is directed to provide the Court with a transcript of all testimony given to the grand jury pertinent to paragraphs 8, 10, 12, and 13 of the Indictment---as well as copies of any exhibits presented to the grand jury in connection with that testimony---on or before January 31, 2024. SO ORDERED. ( Brief due by 1/31/2024. Evidentiary Hearing set for 2/8/2024 at 10:00 AM before Judge Lewis J. Liman. )(Signed by Judge Lewis J. Liman on 1/25/2024)(bw)
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Request |
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| 68 |
Filed: 1/18/2024, Entered: 1/18/2024 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support by Gerald Shvartsman as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick re: [46] MOTION for Bill of Particulars . . (Riopelle, Roland)
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Request |
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| 67 |
Filed: 1/12/2024, Entered: 1/12/2024 |
Declaration in Opposition to Motion |
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DECLARATION of Matthew R. Shahabian in Opposition by USA as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick re: [55] MOTION to Dismiss . MOTION for Bill of Particulars . MOTION to Suppress ., [51] MOTION for Bill of Particulars . MOTION to Suppress ., [46] MOTION for Bill of Particulars .. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Hanft, Elizabeth)
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Request |
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| 66 |
Filed: 1/12/2024, Entered: 1/12/2024 |
MEMORANDUM in Opposition to Motion |
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MEMORANDUM in Opposition by USA as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick re [51] MOTION for Bill of Particulars . MOTION to Suppress ., [46] MOTION for Bill of Particulars ., [55] MOTION to Dismiss . MOTION for Bill of Particulars . MOTION to Suppress .. (Hanft, Elizabeth)
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Request |
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Filed: None, Entered: None |
Set/Reset Motion and R and R Deadlines/Hearings |
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Set/Reset Deadlines re Motion hearing as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick Motion Hearing set for 2/8/2024 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman (jw)
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Filed: None, Entered: None |
set/reset deadlines/hearings |
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Set/Reset Deadlines/Hearings as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick: Defendant Replies due by 1/18/2024. Government Responses due by 1/12/2024. (jw)
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| 58 |
Filed: 12/27/2023, Entered: 12/27/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis J. Liman from Elizabeth Hanft dated December 27, 2023 re: Motions Schedule . Document filed by USA as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick. (Hanft, Elizabeth)
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Request |
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| 50 |
Filed: 12/22/2023, Entered: 12/22/2023 |
memorandum in support of motion |
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MEMORANDUM in Support by Gerald Shvartsman re [46] MOTION for Bill of Particulars .. (Riopelle, Roland)
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Request |
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| 47 |
Filed: 12/22/2023, Entered: 12/22/2023, Terminated: 12/22/2023 |
Motion for Bill of Particulars |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Bill of Particulars Memorandum of Law. Document filed by Gerald Shvartsman. (Riopelle, Roland) Modified on 12/22/2023 (db).
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Request |
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| 46 |
Filed: 12/22/2023, Entered: 12/22/2023, Terminated: 3/20/2024 |
Motion for Bill of Particulars |
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MOTION for Bill of Particulars . Document filed by Gerald Shvartsman. (Riopelle, Roland)
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Request |
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| 44 |
Filed: 12/18/2023, Entered: 12/18/2023 |
notice of attorney appearance - USA |
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NOTICE OF ATTORNEY APPEARANCE Daniel George Nessim appearing for USA. (Nessim, Daniel)
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Request |
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| 42 |
Filed: 11/14/2023, Entered: 11/14/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis J. Liman from Tai H. Park dated November 14, 2023 re: request to modify travel restrictions imposed on defendant, Michael Shvartsman as a condition of his bail, so as to allow for family vacation from from January 3, 2024, until January 9, 2024 . Document filed by Michael Shvartsman as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick. (Park, Tai)
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Request |
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| 41 |
Filed: 11/3/2023, Entered: 11/3/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick granting [40] MOTION for Reconsideration re [39] Order on Letter Motion regarding adjournment of trial date, in light of new information. ENDORSEMENT: REQUEST GRANTED. Requests to charge, proposed voir dire and motions in limine are due by March 22, 2024. Objections to request to charge and responses to motions in limine are due by March 29, 2024. The Final Pretrial Conference is rescheduled to April 9, 2024 at 2:00PM in Courtroom 15C at the 500 Pearl Street Courthouse. The Jury Trial is rescheduled to April 15, 2024 at 9:00AM in Courtroom 15C at the 500 Pearl Street Courthouse. SO ORDERED. (Motions due by 3/22/2024. Responses due by 3/29/2024. Final Pretrial Conference set for 4/9/2024 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. Jury Trial set for 4/15/2024 at 09:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 11/3/2023) (lnl)
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Request |
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| 40 |
Filed: 11/1/2023, Entered: 11/1/2023, Terminated: 11/3/2023 |
Motion for Reconsideration |
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MOTION for Reconsideration re [39] Order on Letter Motion,, regarding adjournment of trial date, in light of new information. Document filed by Bruce Garelick as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick. (Bach, Jonathan)
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Request |
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| 39 |
Filed: 11/1/2023, Entered: 11/1/2023 |
Order on Letter Motion |
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MEMO ENDORSEMENT [38] LETTER MOTION addressed to Judge Lewis J. Liman from Jonathan P. Bach dated 10/23/2023 re: Request for Adjournment of Pretrial Motions Deadline and Trial Date....ENDORSEMENT...REQUEST GRANTED IN PART AND DENIED IN PART as to all defendants. Defendants' to make pretrial motions by December 22, 2023. Government oppositions due by January 5, 2024. Defendants' replies due by January 11, 2024. Motion Hearing set for January 18, 2024 at 10:00am in Courtroom 15C at the 500 Pearl Street Courthouse. The Court denies the request for an adjournment of the trial date and the trial will proceed as previously scheduled on March 18, 2024 (Signed by Judge Lewis J. Liman on 11/1/2023) (jw)
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Request |
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Filed: None, Entered: None |
Set/Reset Motion and R and R Deadlines/Hearings |
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Set/Reset Deadlines re Motion or Report and Recommendation in case as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick Motion Hearing set for 1/18/2024 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman (jw)
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Filed: None, Entered: None |
set/reset deadlines/hearings |
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Set/Reset Deadlines/Hearings as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick:Pretrial Motions due by 12/22/2023. Defendant Replies due by 1/11/2024. Government Oppositions due by 1/5/2024. (jw)
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| 38 |
Filed: 10/23/2023, Entered: 10/23/2023, Terminated: 11/1/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis J. Liman from Jonathan P. Bach dated 10/23/2023 re: Request for Adjournment of Pretrial Motions Deadline and Trial Date . Document filed by Gerald Shvartsman, Bruce Garelick as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick. (Bach, Jonathan)
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Request |
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| 37 |
Filed: 10/5/2023, Entered: 10/5/2023 |
Sealed document |
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SEALED DOCUMENT placed in vault. (nmo)
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| 36 |
Filed: 9/15/2023, Entered: 9/15/2023 |
order on motion to modify conditions of release |
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MEMO ENDORSEMENT as to Gerald Shvartsman (2) granting [35] MOTION to Modify Conditions of Release To Permit Transfer of Funds in Excess of $25,000. ENDORSEMENT: REQUEST GRANTED. The Court approves the modification to Gerald Shvartsman's bail conditions as proposed. (Signed by Judge Lewis J. Liman on 9/15/2023) (ap)
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Request |
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| 35 |
Filed: 9/14/2023, Entered: 9/14/2023, Terminated: 9/15/2023 |
motion to modify conditions of release |
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MOTION to Modify Conditions of Release To Permit Transfer of Funds in Excess of $25,000. Document filed by Gerald Shvartsman. (Riopelle, Roland)
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Request |
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| 33 |
Filed: 8/30/2023, Entered: 8/30/2023 |
order on motion to modify conditions of release |
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MEMO ENDORSEMENT as to Gerald Shvartsman (2) granting [31] CONSENT MOTION to Modify Conditions of Release to permit travel for vacation. ENDORSEMENT: The Defendant Gerald Shvartsman having made an application to modify his bail conditions to permit him to travel to Colorado on vacation from January 1-8, 2024, and the United States Attorney's Office having no objection to said modification and good cause appearing therefor, IT IS ORDERED that he Defendant Gerald Shvartsman's bail conditions be and hereby are modified to permit him to travel to Colorado on vacation from January 1-8, 2024, and the defendant is ordered to provide a detailed itinerary for such travel to the United States Attorney's Office prior to any such travel. (Signed by Judge Lewis J. Liman on 8/30/2023) (ap)
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Request |
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| 31 |
Filed: 8/29/2023, Entered: 8/29/2023, Terminated: 8/30/2023 |
motion to modify conditions of release |
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CONSENT MOTION to Modify Conditions of Release to permit travel for vacation. Document filed by Gerald Shvartsman. (Riopelle, Roland)
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Request |
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| 28 |
Filed: 8/25/2023, Entered: 8/25/2023 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick. Notice is hereby given that an official transcript of a Conference proceeding held on 7/20/2023 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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Request |
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| 27 |
Filed: 8/25/2023, Entered: 8/25/2023 |
transcript |
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TRANSCRIPT of Proceedings as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick re: Conference held on 7/20/2023 before Judge Lewis J. Liman. 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 9/15/2023. Redacted Transcript Deadline set for 9/25/2023. Release of Transcript Restriction set for 11/24/2023. (McGuirk, Kelly)
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Request |
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| 26 |
Filed: 8/23/2023, Entered: 8/23/2023 |
order on motion to modify conditions of release |
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Memo Endorsed re: [25] Motion to Modify Conditions of Release as to Gerald Shvartsman (2)... Memo Endorsement: On the unopposed motion of the defendant IT IS ORDERED that the Defendant Gerald Shvartsman's bail conditions be and hereby are modified to permit him to travel freely for business purposes throughout the State of Florida, and to travel to other States for business purposes with prior approval of the Pretrial Services Agency on one week's notice to the Pretrial Services Agency and the United States Attorney's Office. So Ordered. (Signed by Judge Lewis J. Liman on 8/23/23) (jbo)
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Request |
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| 25 |
Filed: 8/22/2023, Entered: 8/22/2023, Terminated: 8/23/2023 |
motion to modify conditions of release |
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CONSENT MOTION to Modify Conditions of Release to permit travel for business purposes. Document filed by Gerald Shvartsman. (Riopelle, Roland)
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Request |
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| 23 |
Filed: 8/14/2023, Entered: 8/21/2023 |
bond |
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APPEARANCE Bond Entered as to Gerald Shvartsman. $5,000,000 personal recognizance bond; To be co-signed by three financially responsible persons. Additional conditions... (joe)
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Request |
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| 20 |
Filed: 8/10/2023, Entered: 8/10/2023 |
Letter |
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LETTER by USA as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick addressed to Judge Lewis J. Liman from Nicolas Roos dated August 10, 2023 re: Proposed Protective Order Document filed by USA. (Attachments: # (1) Proposed Order Proposed Protective Order)(Roos, Nicolas)
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Request |
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| 14 |
Filed: 7/31/2023, Entered: 7/31/2023 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Roland Gustaf Riopelle appearing for Gerald Shvartsman. Appearance Type: Retained. (Riopelle, Roland)
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Request |
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| 14 |
Filed: 7/31/2023, Entered: 7/31/2023 |
notice of attorney appearance - defendant |
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NOTICE OF ATTORNEY APPEARANCE: Roland Gustaf Riopelle appearing for Gerald Shvartsman. Appearance Type: Retained. (Riopelle, Roland)
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Request |
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| 13 |
Filed: 7/27/2023, Entered: 7/28/2023 |
order on motion to modify conditions of release |
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MEMO ENDORSEMENT [11] Motion to Modify Conditions of Release as to Bruce Garelick...ENDORSEMENT....REQUEST GRANTED as to Bruce Garelick. The Court approves the modification to defendant Bruce Garelick's bail conditions to permit him to travel as proposed (Signed by Judge Lewis J. Liman on 7/27/2023) (jw)
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Request |
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| 12 |
Filed: 7/26/2023, Entered: 7/26/2023 |
Order on Letter Motion |
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MEMO ENDORSEMENT [10] LETTER MOTION addressed to Judge Lewis J. Liman from Tai H. Park dated July 25, 2023 re: [8] Memo Endorsement,,,,,,,,,,,, re: Bail Modification...ENDORSEMENT...REQUEST GRANTED. The Court approves the bail modification for Michael Shvartsman and Gerald Shvartsman as proposed. Item 11 is modified to read "The defendants shall not make any individual financial transfers in excess of $25,000 without the approval of Pretrial Services or the United States Attorney's Office for the Southern District of New York (Signed by Judge Lewis J. Liman on 7/26/23) (jw)
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Request |
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| 10 |
Filed: 7/25/2023, Entered: 7/25/2023, Terminated: 7/26/2023 |
Letter Motion |
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LETTER MOTION addressed to Judge Lewis J. Liman from Tai H. Park dated July 25, 2023 re: [8] Memo Endorsement,,,,,,,,,,,, re: Bail Modification . Document filed by Michael Shvartsman, Gerald Shvartsman as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick. (Park, Tai)
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Request |
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| 9 |
Filed: 7/24/2023, Entered: 7/24/2023 |
Order |
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RULE 5(F) ORDER as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick (Signed by Judge Lewis J. Liman on 7/24/2023)(jw)
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Request |
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| 8 |
Filed: 7/21/2023, Entered: 7/21/2023 |
Memo Endorsement |
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MEMO ENDORSEMENT as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick on re: [7] LETTER by USA as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick addressed to Judge Lewis J. Liman from AUSA Nicolas Roos dated July 21, 2023 re: Defendants' Bail Conditions.... The Government respectfully requests that the Court so-order the below conditions or enter them in a written order. 1. Each defendant will sign a bond in the following amounts: Michael Shvartsman in theamount of $20,000,000; Gerald Shvartsman in the amount of $5,000,000; and BruceGarelick in the amount of $100,000. 2. The bonds of Michael and Gerald Shvartsman will each be signed by three financially responsible persons, one of whom, with respect to each, is a spouse. The bond ofBruce Garelick will be signed by two financially responsible persons. All co-signers shall be interviewed and approved by the United States Attorneys Office for the Southern District of New York. Co-signers will be permitted to sign the bonds of more than one defendant. 3. The defendants shall surrender all passports to Pretrial Services and make no new applications. 4. The defendants shall be subject to regular reporting to Pretrial Services. 5. The defendants shall not have any contact with the victims or witnesses specified in a July 20, 2023, letter from the Government to counsel for the defendants, except in the presence of counsel. 6. The defendants shall not communicate with each other about the above-referenced case or the facts underlying the case, except in the presence of counsel. 7. The defendants shall not possess any firearms. 8. The defendants' travel shall be restricted to the Southern District of New York, the Eastern District of New York, the Southern District of Florida, and points in between for purposes of attending court proceedings or meeting with legal counsel. 9. Michael Shvartsman shall not further encumber the property known to the parties as Apartment 2701 and Gerald Shvartsman shall not further encumber the property known to the parties as 32 Avenue. 10. The defendants shall maintain their residence in their current apartment or home, or any apartment or home currently under renovation. 11. The defendants shall not make any individual financial transfers in excess of $5,000 without the approval of Pretrial Services or the United States Attorney's Office for the Southern District of New York. This restriction does not apply to legal fees and business payroll expenses. 12. The defendants shall not open new financial accounts without prior written approval of Pretrial Services or the United States Attorneys Office for the Southern District of New York. The entry of the foregoing conditions would be without prejudice to any future application by the Government or by the defendants, including but not limited to modification of the restrictions on financial transfers or witness contacts. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis J. Liman on 7/21/2023)(bw)
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Request |
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| 7 |
Filed: 7/21/2023, Entered: 7/21/2023 |
Letter |
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LETTER by USA as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick addressed to Judge Lewis J. Liman from Nicolas Roos dated July 21, 2023 re: Defendants' Bail Conditions Document filed by USA. (Roos, Nicolas)
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Request |
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Filed: None, Entered: None |
Case Assigned/Reassigned |
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Case as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick ASSIGNED to Judge Lewis J. Liman. (jm)
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Filed: None, Entered: None |
Oral Order |
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ORAL ORDER as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick Time excluded from 7/20/2023 until 3/18/2024. Motions due by 11/24/2023; Responses due by 12/8/2023; Replies due by 12/14/2023. Motion Hearing set for 12/19/2023 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. Brief due by 2/23/2024; Responses to Brief due by 3/1/2024. Final Pretrial Conference set for 3/13/2024 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. Jury Trial set for 3/18/2024 at 09:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.(bw)
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Filed: None, Entered: None |
Plea Entered |
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Minute Entry for proceedings held before Judge Lewis J. Liman: Plea entered by Michael Shvartsman (1) Count 1,3-7,10 and Gerald Shvartsman (2) Count 1,4,8-9,10 and Bruce Garelick (3) Count 1,2-4,6-7,10 --- Not Guilty. (bw)
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Filed: None, Entered: None |
arraignment |
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Minute Entry for proceedings held before Judge Lewis J. Liman: Arraignment as to Michael Shvartsman (1) Count 1,3-7,10 and Gerald Shvartsman (2) Count 1,4,8-9,10 and Bruce Garelick (3) Count 1,2-4,6-7,10 held on 7/20/2023. Defendant (1), Michael Shvartsman (on bail) present and Defendant (2), Gerald Shvartsman (on bail) present, with retained attorney Tai Hyun Park. Defendant (3), Bruce Garelick (on bail) present, with retained attorney Allen Frankel. AUSA Nicolas Roos present. Court reporter present. Defendant (2), Gerald Shvartsman, waives any potential claim to a conflict of interest and consents to attorney Tai Park representing him for this hearing only. Defendant (1), Michael Shvartsman, arraigned on counts 1, 3, 4, 5, 6, 7, and 10 of indictment, waives public reading, and pleads Not Guilty to all counts of the indictment. Defendant (2), Gerald Shvartsman, arraigned on counts 1, 4, 8, 9 and 10 of indictment, waives public reading, and pleads Not Guilty to all counts of the indictment. Defendant (3), Bruce Garelick, arraigned on counts 1, 2, 3, 4, 6, 7, and 10 of indictment, waives public reading, and pleads Not Guilty to all counts of the indictment. The Court reminded the Government of its Brady obligations under Federal Rule of Criminal Procedure 5(f). Government to complete its production of discovery by end of August. Proposed protective order to be filed. Bail conditions set for all defendants. Defendants' to make its pretrial motions by November 24, 2023. Government oppositions due by December 8, 2023. Defendants' replies due by December 14, 2023. Motion Hearing set for December 19, 2023 at 2:00PM in Courtroom 15C before Judge Lewis J. Liman. Requests to charge, proposed voir dire and motions in limine due by February 23, 2024. Objections to request to charge and responses to motions in limine due by March 1, 2024. A Final Pretrial Conference is set for March 13, 2024 at 2:00PM in Courtroom 15C before Judge Lewis J. Liman. Jury Trial is set for March 18, 2024 at 9:00AM in Courtroom 15C before Judge Lewis J. Liman. The Court, on application of the Government and consent of defendants, excludes time from July 20, 2023 until March 18, 2024 pursuant to the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(A), upon a finding that the interest of justice outweighs the interest of the public and the defendants in a speedy trial, in that the time between now and March 18 will allow for the Government to produce discovery, defendants to review discovery, defendants to consider and make potential pretrial motions, parties to prepare for trial and parties to discuss potential pretrial dispositions. (bw)
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Filed: None, Entered: None |
Notice of hearing |
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NOTICE OF HEARING as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick: An Arraignment and Initial Conference is scheduled for July 20, 2023 at 12:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf)
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| 2 |
Filed: 6/29/2023, Entered: 6/29/2023 |
Order to Unseal Indictment |
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Order to Unseal Indictment as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3.. (Signed by Magistrate Judge Sarah L Cave on 8/28/23)(jm)
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Request |
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Filed: None, Entered: None |
Add and Terminate Attorneys |
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Attorney update in case as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick. Attorney Nicolas Roos,Matthew Raffi Shahabian,Elizabeth Anna Hanft for USA added. (jm)
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Filed: None, Entered: None |
Case Designated ECF. |
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Case Designated ECF as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick. (jm)
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Filed: None, Entered: None |
Indictment Unsealed |
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INDICTMENT UNSEALED as to Michael Shvartsman, Gerald Shvartsman, Bruce Garelick. (jm)
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| 1 |
Filed: 6/26/2023, Entered: 6/29/2023 |
Indictment (Sealed) |
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SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 3-7, 10, Sealed Defendant 2 (2) count(s) 1, 4, 8-9, 10, Sealed Defendant 3 (3) count(s) 1, 2-4, 6-7, 10. (jm) (jm).
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