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Since this appears to be a very large docket, we will only show 500 entries at at time.
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 360 |
Filed: 4/7/2016, Entered: 4/7/2016 |
Endorsed Letter |
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ENDORSED LETTER as to (09-Cr-1239-09) Emilio Fusco addressed to Judge P. Kevin Castel from AUSA Daniel S. Goldman dated April 7, 2016 re: The Government writes to respectfully request an extension of time within which to file its opposition to the defendant's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 until May 20, 2016. ENDORSEMENT: Application Granted. So Ordered: (Signed by Judge P. Kevin Castel on 4/7/2016) [*** NOTE: Also docketed in related Civil Case 15-Cv-9354(PKC). ***](bw)
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 Request |
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| 359 |
Filed: 2/5/2016, Entered: 2/8/2016 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge P. Kevin Castel from Daniel S. Goldman dated 2/5/2016 re: Extension of time within which to file its opposition to the defendant's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. ENDORSEMENT: Application granted. SO ORDERED. (Responses due by 4/8/2016) (Signed by Judge P. Kevin Castel on 2/5/2016)(ft)
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Request |
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| 242 |
Filed: 10/27/2011, Entered: 10/27/2011 |
Order on Motion to Exclude |
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MEMORANDUM AND ORDER denying 202 Motion to Exclude as to Emilio Fusco (9): For the reasons outlined within, defendant Fusco's motion to preclude evidence based on the rule of specialty is DENIED. (Signed by Judge P. Kevin Castel on 10/26/2011) (ab)
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| 357 |
Filed: 12/7/2015, Entered: 12/7/2015 |
Order |
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ORDER as to Emilio Fusco. Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. In accordance with Rule 4 of the Rules Governing Section 2255 Proceedings in the United States District Courts, the United States Attorney for the Southern District of New York is hereby ordered to serve and file an answer by February 5, 2016. Respondent shall file with its answer the record on appeal, appellate briefs, and relevant trial and post-conviction records and transcripts. Petitioner may serve and file reply papers by March 7, 2016. The Clerk of the Court is directed to serve by certified mail copies of this Order, the petition, and petitioner's memorandum, if any, upon the United States Attorney for the Southern District of New York. SO ORDERED. (Replies due by 3/7/2016.) (Signed by Judge P. Kevin Castel on 12/7/2015)(ft)
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Request |
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| 358 |
Filed: 12/3/2015, Entered: 12/8/2015 |
Affirmation in Opposition |
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(AFFIRMATION) MOTION IN OPPOSITION TO THE GOVERNMENT'S RESPONSE TO PETITION FOR HABEAS CORPUS. Document filed by (S5-09-Cr-1239-07) Fotios Geas. Dated: November 17, 2015. [*** NOTE: Also docketed in related Civil Case 14-Cv-9534(PKC), doc.#13. ***] (bw)
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Request |
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Filed: None, Entered: None |
Motion to Vacate(2255) |
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MOTION to Vacate under 28 U.S.C. 2255 Document filed by Emilio Fusco. (cla) Civil case 1:15-cv-09354 opened.
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| 356 |
Filed: 10/27/2015, Entered: 10/27/2015 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to James Coumoutsos. Notice is hereby given that an official transcript of a Conference proceeding held on 09/18/2015 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.... (Grant, Patricia)
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Request |
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| 355 |
Filed: 10/27/2015, Entered: 10/27/2015 |
Transcript |
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TRANSCRIPT of Proceedings as to James Coumoutsos re: Conference held on 09/18/2015 before Judge P. Kevin Castel. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 11/20/2015. Redacted Transcript Deadline set for 11/30/2015. Release of Transcript Restriction set for 1/28/2016. (Grant, Patricia)
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Request |
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| 354 |
Filed: 9/18/2015, Entered: 9/18/2015 |
Amended Judgment |
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Judgment in a Criminal Case (For Revocation of Probation or Supervised Release) as to James Coumoutsos (5), Count(s) 12, Count dismissed on the motion of the U.S.; Count(s) 12s, Imprisonment: 10 months. Supervised Release: 3 years. On 9/18/15, Imprisonment: TIME SERVED. Supervised Release: Original term of supervised release is revoked and the Court re-imposes a term of 12 months supervised release. The defendant will participate in a program approved by the United States Probation Office for substance abuse, whichprogram may include testing to determine whether the defendant has reverted to the use of drugs or alcohol. The Court authorizes the release of available drug treatment evaluations and reports to the substance abuse treatment provider, as approved by the probation officer. The defendant will be required to contribute to the costs of services rendered (co-payment) in an amount to be determined by the probation officer, based on ability to pay or availability of third-party payment. The defendant will submit his person, residence, place of business, vehicle, or any other premises under his control to a search on the basis that the probation officer has reasonable belief that contraband or evidence of a violation of the conditions of release may be found. The search must be conducted at a reasonable lime and in reasonable manner. Failure to submit to a search may be grounds for revocation. The defendant shall inform any other residents that the premises may be subject to search pursuant to this condition. (Signed by Judge P. Kevin Castel on 9/18/2015)(ft)
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Request |
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Filed: None, Entered: None |
Supervised Release - Final Revocation Hrg |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Final Hearing re Revocation of Supervised Release as to James Coumoutsos held on 9/18/2015. James Coumoutsos present with attorney Lawrence DiGiansante. AUSA, Richard Cooper, present. Michael Wasmer Probation Officer, present. Court Reporter: Sonya Huggins. The Court revokes the original term of supervised release and defendant is sentenced to Time Served, and re-imposed term of 12 months supervised release. (jbo)
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| 353 |
Filed: 9/10/2015, Entered: 9/10/2015 |
Order |
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ORDER as to James Coumoutsos. The vosr sentencing originally scheduled for September 16, 2015 is adjourned to September 18, 2015 at 12:00 p.m. in Courtroom 11D. SO ORDERED. (Final Hearing re Revocation of Supervised Release set for 9/18/2015 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 9/10/2015)(ft)
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Request |
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| 352 |
Filed: 8/17/2015, Entered: 8/17/2015 |
Endorsed Letter |
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ENDORSED LETTER as to Arthur Nigro (1), Fotios Geas (7) addressed to Judge P. Kevin Castel from AUSA Daniel S. Goldman dated August 13, 2015 re: The Government writes to respectfully request an extension of time within which to file its opposition to the defendants' petitions for a writ of habeas corpus pursuant to 28 U.S.C. Section 2255 until September 30, 2015. By an order of the Court dated June 2 in Nigro, 15 CV 3444, the Government's opposition was due by August 14, 2015. This Order superseded an Order filed on May 13, 2015, in both of the above-referenced cases, which extended the time by which the Government could file its opposition to July 31, 2015. ENDORSEMENT: The Government's time to respond to all petitions and motions for summary judgment is extended to September 30, 2015. The Government should file a consolidated response. Time for all defendants to reply is extended to November 20, 2015. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/17/2015) [*** NOTE: Also docketed in Civil Cases: 15-CV-3444(PKC), doc.#17; 14-CV-9534(PKC), doc.#11. ***] (bw)
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Request |
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| 351 |
Filed: 7/31/2015, Entered: 8/6/2015 |
Motion for Miscellaneous Relief |
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MOTION Summary Judgment. Document filed by Fotios Geas. (ft)
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Request |
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| 350 |
Filed: 6/2/2015, Entered: 6/2/2015 |
Endorsed Letter |
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ENDORSED LETTER as to Arthur Nigro addressed to Judge P. Kevin Castel from Ruth M. Liebesman dated 6/1/2015 re: Two week extension of time for filing the Memorandum of law in support of Arthur Nigro's Motion to Vacate. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/1/2015)(ft)
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Request |
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Filed: None, Entered: None |
Set/Reset Deadlines/Hearings |
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Set/Reset Deadlines/Hearings as to Arthur Nigro: Replies due by 9/4/2015. Responses due by 8/14/2015. (ft)
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| 349 |
Filed: 5/19/2015, Entered: 5/27/2015 |
Memo Endorsement |
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MEMO ENDORSEMENT as to Arthur Nigro on re: [348] Letter, filed by Arthur Nigro. ENDORSEMENT: The brief schedule set in the Order of May 13 is reinstated and the May 18 order is so modified. (Signed by Judge P. Kevin Castel on 5/19/2015)(ft)
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Request |
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| 348 |
Filed: 5/18/2015, Entered: 5/18/2015 |
Letter |
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LETTER by Arthur Nigro addressed to Judge P. Kevin Castel from Ruth M. Liebesman dated May 18, 2015 re: Duplicating the Request in the Related Civil Docket, that the Court reinstate the briefing schedule memo endorsed at no. 7 on the civil docket (Liebesman, Ruth)
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Request |
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| 347 |
Filed: 5/18/2015, Entered: 5/18/2015 |
Order |
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ORDER as to Arthur Nigro. Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2255. In accordance with Rule 4 of the Rules Governing Section 2255 Proceedings in the United States District Courts, the United States Attorney for the Southern District of New York is hereby ordered to serve and file an answer by (60 days). Respondent shall file with its answer the record on appeal, appellate briefs, and relevant trial and post-conviction records and transcripts. Petitioner may serve and file reply papers by (20 days). The Clerk of the Court is directed to serve by certified mail copies of this Order, the petition, and petitioner's memorandum, if any, upon the United States Attorney for the Southern District of New York. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/18/2015)(ft)
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Request |
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| 346 |
Filed: 5/6/2015, Entered: 5/6/2015 |
Endorsed Letter |
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ENDORSED LETTER as to (09-Cr-1239-07) Fotios Geas addressed to Judge P. Kevin Castel from AUSA Daniel S. Goldman dated May 6, 2015 re: United States v. Arthur Nigro and Folios Geas. 15 Cv. 3444 (PKC); 14 Cv. 9534 (PKC). The Government writes to respectfully request an extension of time within which to file its answer to the defendants' petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2255, which, pursuant to the Court's dated January 26, 2015, is due today for Folios Geas. Yesterday, the Government received notification of --- but not yet any documents or materials in support of --- a "motion to vacate," pursuant to 28 U.S.C. § 2255, on behalf of Arthur Nigro. Accordingly, in an effort to consolidate resources and efficiently address both defendants' arguments --- which likely will overlap --- the Government requests an extension of time within which to file its response of 45 days, to June 19, 2015. Consistent with the Court's previous scheduling orders, the defendants' replies would be due three weeks later on July 10, 2015. ENDORSEMENT: Application granted. Schedule approved. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/6/2015) [*** NOTE: Also docketed in related Civil Case 14-Cv-9534(PKC), Doc.#8. ***] (bw)
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Request |
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| 345 |
Filed: 5/6/2015, Entered: 5/6/2015 |
Endorsed Letter |
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ENDORSED LETTER as to (09-Cr-1239-01) Arthur Nigro addressed to Judge P. Kevin Castel from AUSA Daniel S. Goldman dated May 6, 2015 re: United States v. Arthur Nigro and Folios Geas. 15 Cv. 3444 (PKC); 14 Cv. 9534 (PKC). The Government writes to respectfully request an extension of time within which to file its answer to the defendants' petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2255, which, pursuant to the Court's dated January 26, 2015, is due today for Folios Geas. Yesterday, the Government received notification of --- but not yet any documents or materials in support of --- a "motion to vacate," pursuant to 28 U.S.C. § 2255, on behalf of Arthur Nigro. Accordingly, in an effort to consolidate resources and efficiently address both defendants' arguments --- which likely will overlap --- the Government requests an extension of time within which to file its response of 45 days, to June 19, 2015. Consistent with the Court's previous scheduling orders, the defendants' replies would be due three weeks later on July 10, 2015. ENDORSEMENT: Application granted. Schedule approved. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/6/2015) [*** NOTE: Also docketed in related Civil Case 15-Cv-3444(PKC), Doc.#3. ***] (bw)
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Request |
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| 344 |
Filed: 5/5/2015, Entered: 5/5/2015 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to James Coumoutsos. Notice is hereby given that an official transcript of a Conference proceeding held on 3/30/15 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.... (Rodriguez, Somari)
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Request |
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| 343 |
Filed: 5/5/2015, Entered: 5/5/2015 |
Transcript |
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TRANSCRIPT of Proceedings as to James Coumoutsos re: Conference held on 3/30/15 before Judge P. Kevin Castel. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 5/29/2015. Redacted Transcript Deadline set for 6/8/2015. Release of Transcript Restriction set for 8/6/2015. (Rodriguez, Somari)
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Request |
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| 342 |
Filed: 5/4/2015, Entered: 5/4/2015 |
Motion to Vacate(2255) |
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MOTION to Vacate under 28 U.S.C. 2255 Document filed by Arthur Nigro. (cla) Civil case 1:15-cv-03444 opened.
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Filed: None, Entered: None |
Set/Reset Hearings |
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Set/Reset Hearings as to James Coumoutsos: Final Hearing re Revocation of Supervised Release set for 9/16/2015 at 11:00 AM before Judge P. Kevin Castel. (jbo)
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Filed: None, Entered: None |
Preliminary Revocation Hearing |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Preliminary Revocation Hearing re: Supervised Release as to James Coumoutsos held on 3/30/2015. James Coumoutsos present with attorney Lawrence DiGiansante. AUSA, Jared Lenow, present. Michael Wasmer Probation Officer, present. Court Reporter: Lisa Fellis. Defendant (sworn) admits violation circumstance 5. Sentencing is scheduled for September 16, 2015 at 11:00 a.m. (jbo)
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| 341 |
Filed: 2/24/2015, Entered: 2/24/2015 |
Endorsed Letter |
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ENDORSED LETTER as to (09-Cr-1239-05) James Coumoutsos addressed to Judge P. Kevin Castel from Attorney Lawrence DiGiansante dated February 23, 2015 re: submitted to request an adjournment of the conference scheduled for February 24, 2015 at 12:00 PM. ENDORSEMENT: Conference Adjourned From Feb. 24, 2015 to March 30, 2015 at 11:30 a.m. SO ORDERED: (Signed by Judge P. Kevin Castel on 2/23/2015)(bw)
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Request |
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| 340 |
Filed: 2/18/2015, Entered: 2/20/2015 |
Motion for Miscellaneous Relief |
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MOTION To Supplement Application for Writ of Habeas Corpus Under 2255 With Memorandum of Law In Support Document filed by Fotios Geas. (jw)
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| 339 |
Filed: 2/6/2015, Entered: 2/19/2015 |
Satisfaction of Judgment |
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SATISFACTION OF JUDGMENT as to George Coumoutsos re [122] Judgment in the amount of $2,100.00. Judgment satisfied on 2/6/15. (jw)
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Request |
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| 338 |
Filed: 1/29/2015, Entered: 1/29/2015 |
Endorsed Letter |
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ENDORSED LETTER as to James Coumoutsos addressed to Judge P. Kevin Castel from Lawrence DiGiansante dated 1/29/2015 re: Adjournment of Conference. ENDORSEMENT: Conference is adjourned from January 29, 2015 to February 24, 2015 at 12:00 p.m. SO ORDERED. (Preliminary Revocation Hearing set for 2/24/2015 at 12:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 1/29/2015)(ft)
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Request |
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| 337 |
Filed: 1/26/2015, Entered: 1/26/2015 |
Endorsed Letter |
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ENDORSED LETTER as to (09-Cr-1239-07) Fotios Geas addressed to Judge P. Kevin Castel from AUSA Daniel S. Goldman dated January 26, 2015 re: The Government writes to respectfully request an extension of time within which to file its answer to the defendant's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255, which, pursuant to the Court's dated November 25, 2014, is due today. In his petition, the defendant anticipates that co-defendants Arthur Nigro and Ty Geas will also file petitions for a writ of habeas corpus, and filed a statement of adoption to join in their prospective motions. To date, neither Nigro nor Ty Geas has filed a petition, but the deadline within which to file such a petition is not until on or about March 6, 2015. Therefore, in an effort to consolidate resources and promote judicial efficiency, the Government respectfully requests that the any prospective petitions from co-defendants Arthm Nigro and Ty Geas shall be consolidated with that filed by Folios Geas, and that the deadline by which the Government must file a consolidated response shall be no later than May 5, 2015, which is 60 days from March 6, 2015. Adopting the timing of the Court's November 25 Order, the petitioners' replies would be due no later than May 25, 2015. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/26/2015) [*** NOTE: Also docketed in related Civil Case 14-cv-9534(PKC), see doc.#6. ***] (bw); Modified on 1/28/2015 (bw).
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Request |
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| 336 |
Filed: 1/21/2015, Entered: 1/21/2015 |
Order |
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ORDER as to James Coumoutsos ( Preliminary Revocation Hearing set for 1/29/2015 at 03:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) The conference originally scheduled for January 30, 2015 is rescheduled to January 29, 2015 at 3:00 p.m. in Courtroom 11D. (Signed by Judge P. Kevin Castel on 1/21/15)(jw)
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Request |
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| 335 |
Filed: 11/25/2014, Entered: 12/3/2014 |
Order |
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ORDER: Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. In accordance with Rule 4 of the Rules Governing Section 2255 Proceedings in the United States District Courts, the United States Attorney for the Southern District of New York is hereby ordered to serve and file an answer by (60 days). Respondent shall file with its answer the record on appeal, appellate briefs, and relevant trial and post-conviction records andtranscripts. Petitioner may serve and file reply papers by (20 days). The Clerk of the Court is directed to serve by certified mail copies of this Order, the petition, and petitioner's memorandum, if any, upon the United States Attorney for the Southern District of New York. (Signed by Judge P. Kevin Castel on 11/25/2014)(laq) Copies of this Order have been mailed to counsel for the parties and pro se petitioner.
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Request |
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| 334 |
Filed: 11/25/2014, Entered: 12/3/2014 |
Remark |
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STATEMENT OF ADOPTION. as to Fotios Geas. (laq)
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Request |
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| 333 |
Filed: 11/25/2014, Entered: 12/3/2014 |
Motion to Vacate(2255) |
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MOTION to Vacate under 28 U.S.C. 2255.Document filed by Fotios Geas. (laq) Civil case 1:14-cv-09534 opened.
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Request |
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| 332 |
Filed: 11/21/2014, Entered: 11/24/2014 |
Motion to Appoint Counsel |
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MOTION For Appointment of Counsel Document filed by Fotios Geas. (jw)
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| 331 |
Filed: 11/6/2014, Entered: 11/6/2014 |
Endorsed Letter |
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ENDORSED LETTER as to James Coumoutsos addressed to Judge P. Kevin Castel from Lawrence DiGiansante dated 11/5/2014 re: Defense counsel writes to request an adjournment of the conference scheduled for November 6, 2014, to a date in January convenient to the Court. ENDORSEMENT: Conference adjourned from November 6, 2014 to January 30, 2015 at noon. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/6/2014)(dnd)
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Request |
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Filed: None, Entered: None |
Set/Reset Hearings |
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Set/Reset Hearings as to James Coumoutsos: Preliminary Revocation Hearing set for 1/30/2015 at 12:00 PM before Judge P. Kevin Castel. (dnd)
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| 330 |
Filed: 9/16/2014, Entered: 9/16/2014 |
Order on Motion for Extension of Time |
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MEMO ENDORSEMENT denying [327] Motion for Extension of Time as to Fotios Geas (7). ENDORSEMENT: The time limits for a motion pursuant to 28 USC 2255 are set by statute and the Court is not aware of any authority permitting it to vary those limits. Application DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/15/2014) (ft)
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Request |
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| 329 |
Filed: 9/12/2014, Entered: 9/12/2014 |
Order on Motion for Miscellaneous Relief |
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ORDER denying [328] Motion as to Emilio Fusco (9). Emilio Fusco was convicted of a racketeering conspiracy in violation, an extortion conspiracy and interstate travel in aid of racketeering. This Court sentenced Fusco principally to 300 months' imprisonment, finding by a preponderance of the evidence that he participated in the conspiracies to murder Adolfo Bruno and Gary Westetman. Fusco now moves to modify his presentence report arguing that certain information should have been corrected in the Presentence Report ("PSR") and that this information prejudices his classification by the Bureau of Prisons. Specifically, he argues that the PSR should now be amended to reflect the elimination of leadership role enhancements and the fact that he did not lose email privileges as punishment for an infraction while in BOP custody. The "Motion for an Order Directing the U.S. Probation Officer... to Amend Presentence Report.... " dated September 8, 2014 is DENIED. (Signed by Judge P. Kevin Castel on 9/12/2014) (jw)
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Request |
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| 328 |
Filed: 9/12/2014, Entered: 9/12/2014, Terminated: 9/12/2014 |
Motion for Miscellaneous Relief |
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MOTION For Order directing US Probation Officer, Dunne, To Amend Presentence Report to reflect sustained objection to inaccurate information contained in final report Document filed by Emilio Fusco. (jw)
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Request |
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| 327 |
Filed: 9/11/2014, Entered: 9/12/2014 |
Motion for Extension of Time |
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MOTION for an Extension of Time in which to file Petitioner's 28 U.S.C. Section 2255. Document filed by (S5-09-Cr-1239-07) Fotios Geas. Dated: September 2nd, 2014. (bw)
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Filed: None, Entered: None |
Set/Reset Deadlines/Hearings |
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Set/Reset Deadlines/Hearings as to James Coumoutsos: Preliminary Revocation Hearing set for 11/6/2014 at 11:00 AM before Judge P. Kevin Castel. (jw)
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Filed: None, Entered: None |
Initial Appearance - Revocation Proceedings |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Initial Appearance re: Revocation of Supervised Release as to James Coumoutsos held on 8/27/2014. James Coumoutsos present with atty Lawrence DiGiansante. AUSA, Jared Lenow present. Court Reporter: Sonya Huggins. Plea of not guilty to the violation circumstances 1,2,3,4 and 5. Next conference is scheduled for November 6, 2014 at 11:00am. (jw)
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| 326 |
Filed: 7/31/2014, Entered: 7/31/2014 |
USCA Mandate - Final Judgment Appeal |
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MANDATE of USCA (certified copy) as to Emilio Fusco re: [297] Notice of Appeal - Final Judgment, USCA Case Number 12-4224-cr. Upon due consideration, it is hereby ordered, adjudged, and decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Issued As Mandate: 07/31/2014. (nd)
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Request |
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Filed: None, Entered: None |
Payment of Special Assessment |
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Payment of Special Assessment from James Coumoutsos in the amount of $100.00. Date Received: 07/22/2014. (pc)
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| 325 |
Filed: 7/15/2014, Entered: 7/15/2014 |
Probation Form |
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PROBATION FORM PETITION as to James Coumoutsos. Petitioning the Court: To Issue a Summon. The Court Orders: The Issuance of a Summons: The Offender is directed to appear as follows: July 30, 2014 at 2:00pm in 12C. (Signed by Judge P. Kevin Castel on 7/11/14)(jw)
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Request |
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| 324 |
Filed: 5/8/2014, Entered: 5/13/2014 |
Satisfaction of Judgment |
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SATISFACTION OF JUDGMENT as to (09-Cr-1239-04) Marcos Caio re: [96] Judgment, for the fine in the amount of $4,000.00 and the special assessment in the amount of $100.00, amounting in all to the sum of $4,100.00. Judgment entered in the Judgment Book of the United States District Court for the Southern District of New York on the 22nd day of October, 2010. (bw)
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Request |
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from Marcos Caio in the amount of $1300. Date Received: 4/18/2014. (ew)
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| 323 |
Filed: 4/10/2014, Entered: 4/10/2014 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Anthony Arillotta. Notice is hereby given that an official transcript of a Sentence proceeding held on 3/12/14 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.... (Rodriguez, Somari)
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Request |
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| 322 |
Filed: 4/10/2014, Entered: 4/10/2014 |
Transcript |
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TRANSCRIPT of Proceedings as to Anthony Arillotta re: Sentence held on 3/12/14 before Judge P. Kevin Castel. Court Reporter/Transcriber: Vincent Bologna, (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 5/5/2014. Redacted Transcript Deadline set for 5/15/2014. Release of Transcript Restriction set for 7/14/2014. (Rodriguez, Somari)
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Request |
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| 321 |
Filed: 3/12/2014, Entered: 3/12/2014 |
Order |
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CONSENT PRELIMINARY ORDER OF FORFEITURE / MONEY JUDGMENT As to Anthony Arillotta. For the reasons as set forth in this Order; IT IS HEREBY STIPULATED AND AGREED, by and between the plaintiff, United States of America, by its attorney Preet Bharara, United States Attorney, Assistant United StatesAttorney Daniel S. Goldman, of counsel, and the Defendant, and his counsel, Thomas Butters, Esq., that: 1. As a result of the offenses charged in Counts Oneand Two of the Information, a money judgment in the amount of $2,000,000 in United States currency (the "Money Judgment") shall be entered against the Defendant... The Clerk of the Court shall forward three certified copies of this Consent Preliminary Order of Forfeiture/Money Judgment to Assistant United States Attorney Sharon Cohen Levin, Chief of Asset Forfeiture Unit, One St.Andrew's Plaza, New York, New York 10007. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/12/2014)(dnd)
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Request |
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| 320 |
Filed: 3/12/2014, Entered: 3/12/2014 |
Judgment* |
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JUDGMENT as to Anthony Arillotta (2), Count(s) 1, 13, 13s, 1s, 2, 2s, 3, 3s, 4, 4s, 5, 5s, 6, 6s, Dismissed; Count(s) 10ss, 1ss-2ss, 3ss-4ss, 5ss-6ss, 7ss-8ss, 9ss, Imprisonment: 99 Months; Supervised Release: 3 Years. The defendant is remanded to the custody of the United States Marshal. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. The defendant shall cooperate in the collection of DNA as directed by the probation officer. The defendant is to pay an assessment fee of $1000.00 as a lump sum payment due immediately. (Signed by Judge P. Kevin Castel on 3/12/2014)(dnd)
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Request |
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Filed: None, Entered: None |
Dismissal of Counts on Government Motion |
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DISMISSAL OF COUNTS on Government Motion as to Anthony Arillotta (2) Count 1,1s,2,2s,3,3s,4,4s,5,5s,6,6s,13,13s. (dnd)
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Filed: None, Entered: None |
Sentencing |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 3/12/2014 for Anthony Arillotta (2) Count 1ss-2ss,3ss- 4ss,5ss-6ss,7ss-8ss,9ss,10ss. Defendant, Anthony Arillotta with atty, Thomas Butters. AUSA Goldman present. FBI Joy Adam, present. Court Reporter: Vincent Bologna. Defendant is sentenced to 99 months imprisonment to run concurrently on all counts, 3 years supervised release to run concurrently on all counts, Order of Forfeiture in the amount of $2,000,000, the fine is waived, and a special assessment of $1,000. Defendant is remanded into custody. (jbo)
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| 319 |
Filed: 3/6/2014, Entered: 3/6/2014 |
USCA Mandate - Final Judgment Appeal |
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MANDATE of USCA (certified copy) as to Arthur Nigro, Fotios Geas, Ty Geas re: [226] Notice of Appeal - Final Judgment, [232] Notice of Appeal - Final Judgment, [229] Notice of Appeal - Final Judgment. USCA Case Number 11-3821-cr(L); 11-3822-cr(C); 11-4049-cr(c). Upon due consideration, it is hereby Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Issued As Mandate: 03/06/2014. (nd)
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Request |
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| 318 |
Filed: 3/5/2014, Entered: 3/5/2014 |
Sentencing Submission |
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SENTENCING SUBMISSION by Anthony Arillotta. (Berne, Richard)
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Request |
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 317 |
Filed: 2/27/2014, Entered: 2/27/2014 |
Sentencing Submission |
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SENTENCING SUBMISSION by USA as to Anthony Arillotta. (Goldman, Daniel)
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| 316 |
Filed: 2/24/2014, Entered: 2/24/2014 |
Endorsed Letter |
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ENDORSED LETTER as to (S3-09-Cr-1239-02) Anthony Arillotta addressed to Judge P. Kevin Castel from AUSA Daniel S. Goldman dated February 24, 2014 re: The Government submits this letter to move the sentencing date in the above-captioned matter to March 12, 2014 at 3:00 p.m., which the Government understands is an avaialble time for the Court. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge P. Kevin Castel on 2/24/2014)(bw)
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Request |
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| 315 |
Filed: 1/31/2014, Entered: 2/11/2014 |
Order |
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ORDER as to (09-Cr-1239-02) Anthony Arillotta. The sentencing for defendant, Anthony Arillotta, presently scheduled for March 20, 2014 is adjourned to March 25, 2014 at 11:30 a.m. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/30/2014)(bw)
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Request |
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from Marcos Caio in the amount of $1,000.00. Date Received: 11/21/2013. (lcu)
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| 314 |
Filed: 11/1/2013, Entered: 11/1/2013 |
Endorsed Letter |
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ENDORSED LETTER as to Anthony Arillotta addressed to Judge P. Kevin Castel from Daniel S. Goldman dated 11/1/2013 re: The Government respectfully submits this letter to request sentencing be scheduled for the above referenced matter. ENDORSEMENT: Presentence report is ordered. Sentencing set for March 20, 2014 at 2:30 p.m. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/1/2013)(dnd)
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Request |
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| 313 |
Filed: 10/9/2013, Entered: 10/9/2013 |
Probation Form |
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PROBATION FORM PROB 49 PETITION as to George Coumoutsos. Petitioning the Court: Waiver of Hearing to Modify Conditions of Supervised Release. The Court Orders: Add special condition and remove matter from the Court calendar. (Signed by Judge P. Kevin Castel on 6/14/2013)(dnd)
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Request |
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| 312 |
Filed: 6/5/2013, Entered: 6/5/2013 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Bologna. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/7/13 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.... (Rodriguez, Somari)
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Request |
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| 311 |
Filed: 6/5/2013, Entered: 6/5/2013 |
Transcript |
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TRANSCRIPT of Proceedings as to John Bologna re: Sentence held on 5/7/13 before Judge P. Kevin Castel. Court Reporter/Transcriber: Denise Richards, (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 7/1/2013. Redacted Transcript Deadline set for 7/11/2013. Release of Transcript Restriction set for 9/6/2013. (Rodriguez, Somari)
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Request |
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| 310 |
Filed: 5/24/2013, Entered: 5/24/2013 |
Probation Form |
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PROBATION FORM PETITION as to George Coumoutsos. Petitioning the Court: Request for Modifying the Conditions or Term of Supervision. The Court Orders: Modification Hearing scheduled for June 5, 2013 at 11:30 a.m. In Courtroom 12-C. (Signed by Judge P. Kevin Castel on 5/23/2013)(dnd)
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Request |
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Filed: None, Entered: None |
Payment of Special Assessment |
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Payment of Special Assessment from Felix Tranghese in the amount of $700.00. Date Received: 5/20/13. (mn)
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| 309 |
Filed: 5/8/2013, Entered: 5/8/2013 |
Judgment* |
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FILED JUDGMENT IN A CRIMINAL CASE as to John Bologna (11), Pleaded guilty to Count(s) 1, Count(s) 2, Count(s) 3, Count(s) 4, Count(s) 5-6, Count(s) 7, Count(s) 8, Count(s) 9, Imprisonment for a total term of (96) Ninety-six months (96 months on Counts 1, 2, 3, 5, 6, 7, 8; 60 months on Counts 4 and 9, all to run concurrently). Supervised release for a term of One Year on counts 1-9, to run concurrently. Special Assessment of $900 which is due immediately. (Signed by Judge P. Kevin Castel on 5/8/2013)(jw)
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Request |
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Filed: None, Entered: None |
Judgment Entered in Money Book |
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Judgment entered in money judgment book as #13,09567 as to John Bologna in the amount of $ 900.00, re: [309] Judgment. USM NUMBER 78345-158. (dt)
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Filed: None, Entered: None |
Sentencing |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 5/7/2013 for John Bologna (11) Count 1,2,3,4,5-6,7,8,9. Defendant out, is present with atty. Andrew Patel. AUSAs Daniel Goldman and Miriam Rocah, present. Court Reporter: Denise Richards. Defendant is sentenced to 96 months imprisonment (96 months on Counts 1, 2, 3, 5, 6, 7, 8; 60 months on Counts 4 and 9, all to run concurrently), one year of supervised release (to run concurrently on Counts 1-9), the fine is waived and a special assessment of $900. Defendant is remanded into custody. (jbo)
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from Marcos Caio in the amount of $500.00. Date Received: 5/2/13. (mn)
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| 308 |
Filed: 5/1/2013, Entered: 5/1/2013 |
Sentencing Memorandum |
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SENTENCING MEMORANDUM by John Bologna. (Patel, Andrew)
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| 307 |
Filed: 4/24/2013, Entered: 4/24/2013 |
Endorsed Letter |
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ENDORSED LETTER as to (09-Cr-1239-11) John Bologna addressed to Judge P. Kevin Castel from AUSAs Miriam Rocah/Daniel Goldman, dated April 22, 2013 re: The Government submits this letter to relay the parties' joint request to adjourn sentencing in this matter, currently scheduled for April 25, 2013, to May 7, 2013 at 2:30 p.m. ENDORSEMENT: Sentencing is adjourned from April 25, 2013 to May 7, 2013 at 2:30 p.m. So Ordered. (Signed by Judge P. Kevin Castel on 4/23/2013)(bw)
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Request |
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| 306 |
Filed: 4/18/2013, Entered: 4/18/2013 |
Sentencing Memorandum |
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SENTENCING MEMORANDUM by USA as to John Bologna. (Goldman, Daniel)
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Filed: None, Entered: None |
Payment of Restitution |
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Payment of Restitution from George Coumoutsos in the amount of $100.00. Date Received: 3/1/13. (mn)
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| 305 |
Filed: 2/14/2013, Entered: 2/14/2013 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Felix Tranghese. Notice is hereby given that an official transcript of a Sentence proceeding held on 12/7/12 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.... (Rodriguez, Somari)
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Request |
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| 304 |
Filed: 2/14/2013, Entered: 2/14/2013 |
Transcript |
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TRANSCRIPT of Proceedings as to Felix Tranghese re: Sentence held on 12/7/12 before Judge P. Kevin Castel. Court Reporter/Transcriber: Jerry Harrison, (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 3/11/2013. Redacted Transcript Deadline set for 3/21/2013. Release of Transcript Restriction set for 5/20/2013. (Rodriguez, Somari)
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Request |
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 1/31/13. (mn)
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Filed: None, Entered: None |
Payment of Special Assessment |
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Payment of Special Assessment from Emilio Fusco in the amount of $300.00. Date Received: 1/25/13. (mn)
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| 303 |
Filed: 1/2/2013, Entered: 1/3/2013 |
Endorsed Letter |
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ENDORSED LETTER as to Felix Tranghese addressed to Judge P. Kevin Castel from F. Michael Joseph dated 12/20/2012 re: Requesting at the time if the Court would jail defendant Felix Tranghese closer to his home and requesting an order remanding Mr. Tranghese to that facility for the duration of his term...ENDORSEMENT...The issue of the place of incarceration is a matter entrusted to the VSOR. The Court recommends that Mr. Tranghese be housed as close to Springfield, MA as is feasible to facilitate family visits. The Court declines to order Mr. Tranghese transferred to the custody of the Commonwealth of Massachusetts. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/2/2013)(jw)
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Request |
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 1/2/13. (mn)
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 11/26/2012. (mli)
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| 302 |
Filed: 12/7/2012, Entered: 12/7/2012 |
Judgment* |
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JUDGMENT as to Felix Tranghese (8), Count(s) 1-2, 13, 3, 5, 6-7, Imprisonment: 48 months; Supervised Release: 3 Years. The court makes the following recommendations to the Bureau of Prisons: the defendant be incarcerated as close as possible to Springfield, Massachusetts, to facilitate family visits. The defendant is remanded to the custody ofthe United States Marshal. The drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. The defendant shall cooperate in the collection of DNA as directed by the probation officer. The defendant is to pay an assessment fee of $700 due immediately. (Signed by Judge P. Kevin Castel on 12/7/2012)(dnd)
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Request |
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Filed: None, Entered: None |
Judgment Entered in Money Book |
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Judgment entered in money judgment book as #12,2195 as to Felix Tranghese in the amount of $ 700.00, re: [302] Judgment. (jno)
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Filed: None, Entered: None |
Sentencing |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 12/7/2012 for Felix Tranghese (8) Count 1-2,3,5,6-7,13. Defendant (custody) present with atty, F. Michael Joseph. AUSA Daniel Goldman and Nicholas McQuaid, present. Joy Adam - FBI present. Court Reporter: Jerry Harrison. Defendant is sentenced to 48 months imprisonment on each count, to run concurrently, 3 years supervised release on each count, to run concurrently, the fine is waived and a special assessment of $700. Defendant is remanded into custody. (jbo)
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| 301 |
Filed: 11/29/2012, Entered: 11/29/2012 |
Endorsed Letter |
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ENDORSED LETTER: As to Emilio Fusco addressed to Judge P. Kevin Castel from Stephen N. Preziosi dated 11/27/2012 re: Appellate attorney for the defendant writes to request that the defendant Emilio Fusco, remain at the Metropolitan Detention Center in Brooklyn, New York during the pendency of his appeal. ENDORSEMENT: Pursuant to Rule 38 (b)(2), the court recommends that the defendant be confined near the place of his appeal to the Second Circuit until the date of argument of that appeal. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/28/2012)(dnd)
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Request |
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| 300 |
Filed: 11/27/2012, Entered: 11/27/2012 |
Sentencing Memorandum |
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SENTENCING MEMORANDUM by USA as to Felix Tranghese. (McQuaid, Nicholas)
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Request |
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| 299 |
Filed: 11/14/2012, Entered: 11/14/2012 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Emilio Fusco. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/10/12 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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Request |
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| 298 |
Filed: 11/14/2012, Entered: 11/14/2012 |
Transcript |
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TRANSCRIPT of Proceedings as to Emilio Fusco re: Sentence held on 10/10/12 before Judge P. Kevin Castel. Court Reporter/Transcriber: Steven Griffing, (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 12/10/2012. Redacted Transcript Deadline set for 12/20/2012. Release of Transcript Restriction set for 2/19/2013. (Moya, Goretti)
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Request |
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Filed: None, Entered: None |
USCA Appeal Fees |
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USCA Appeal Fees received $ 455.00, receipt number 465401052147 as to Emilio Fusco on 11/07/2012 re: [297] Notice of Appeal - Final Judgment filed by Emilio Fusco. [USCA Case # 12-4224-cr. ] (nd)
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 10/22/12. (mn)
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Filed: None, Entered: None |
Appeal Record Sent to USCA - Electronic File |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Emilio Fusco re: [189] Order, Set Deadlines/Hearings, Order to Continue - Speedy Trial,,, [278] Memorandum in Opposition to Motion, [265] Endorsed Letter, [287] Sentencing Memorandum, [67] Notice of Attorney Appearance - USA, [264] Order, [208] Reply Affirmation in Support of Motion, [263] Order on Motion for Reconsideration,, [244] MOTION for Reconsideration., [258] Request to Charge, [196] Memorandum in Opposition to Motion, [118] Endorsed Letter,,, [204] Memorandum in Support of Motion, [281] Reply Memorandum of Law in Support of Motion, [256] MOTION in Limine., [127] Request to Charge, [205] Order of Detention, [215] Endorsed Letter, [238] Reply Affirmation in Support of Motion, [277] Endorsed Letter, Set Deadlines/Hearings,,,, [164] Reply Memorandum of Law in Support of Motion, [285] Endorsed Letter, Set Deadlines/Hearings,, [213] Notice of Attorney Appearance - Defendant, [62] Order to Unseal Indictment, [237] Reply Memorandum of Law in Support of Motion, [68] Notice of Attorney Appearance - USA, [259] Endorsed Letter, [260] Memorandum in Opposition to Motion, [63] Indictment, [157] MOTION in Limine Relating to Testimony of Mitchell Weissman., [163] Memorandum of Law, [101] Order, Set Deadlines/Hearings,, [227] Endorsed Letter, Set Deadlines/Hearings,, [113] Letter,,, [267] Remark, [155] Letter,, [117] Response to Motion, [201] Reply Memorandum of Law in Support of Motion, [276] Memorandum in Support of Motion, [262] Order, [203] Affirmation in Support of Motion, [174] Notice of Change of Address, [90] Endorsed Letter, Set Deadlines/Hearings,,,, [207] Response in Opposition to Motion, [284] Order, Set Deadlines/Hearings,,,,,, [294] Reply Memorandum of Law, [255] Proposed Examination of Jurors, [297] Notice of Appeal - Final Judgment, [193] MOTION for Release from Custody., [146] MOTION for Protective Order Relating to Dissemination of Rule 3500 Materials., [242] Order on Motion to Exclude, [286] Order,,, [296] Judgment,, [290] Endorsed Letter,, [292] Endorsed Letter,, [251] Memorandum in Opposition to Motion, [107] Letter, [257] Proposed Jury Instructions, [104] Order, Set Hearings,, [194] Affidavit in Support of Motion, [282] Order, Set Deadlines/Hearings,, [280] Notice of Change of Address, [249] Memorandum in Support of Motion, [82] Notice of Attorney Appearance - Defendant, [243] Endorsed Letter, Set Deadlines,, [245] Memorandum in Support of Motion, [295] Order,, [239] Endorsed Letter,, [268] Endorsed Letter, Set Deadlines/Hearings,,,, [111] Request to Charge, [209] Reply Affirmation in Support of Motion, [195] Memorandum in Support of Motion, [79] Endorsed Letter, Set Deadlines/Hearings,,,,,,,, [236] Order, Set Hearings,,,,,,,,,,,,,,,,,, [202] MOTION to Exclude evidence., [274] Endorsed Letter,, [212] Sentencing Memorandum, [283] Endorsed Letter, Set Deadlines,,,, [200] Reply to Response to Motion, [188] Endorsed Letter,,,, [190] Notice of Attorney Appearance - USA, [65] Warrant Issued, [261] Reply Memorandum of Law in Support of Motion, [248] MOTION to Dismiss Charges Under Count Two Of The Indictment., [210] Endorsed Letter, Set Deadlines,,,, [291] Sentencing Memorandum, [275] MOTION to Vacate Conviction on Counts Three, Five, and Racketeering Act Four., [289] Endorsed Letter, [192] MOTION for Release from Custody., [247] Endorsed Letter, Set Deadlines/Hearings,, [246] Memorandum of Law in Support, [105] Endorsed Letter,,,, [253] Reply Memorandum of Law in Support of Motion, [120] Endorsed Letter, Set Deadlines/Hearings,,,,,, were transmitted to the U.S. Court of Appeals. (nd)
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Filed: None, Entered: None |
Transmission of Notice of Appeal and Docket Sheet to USCA |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Emilio Fusco to US Court of Appeals re: [297] Notice of Appeal - Final Judgment. (nd)
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| 296 |
Filed: 10/18/2012, Entered: 10/18/2012 |
Judgment* |
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FILED JUDGMENT IN A CRIMINAL CASE as to Emilio Fusco (9), Found guilty to Count(s) 1, 13, 6, Imprisonment for a total term of Total 300 Months. 240 months on counts 1 and 6, to run concurrently; 60 months on count 13, to run consecutively with Counts 1 and 6. Supervised release for a term of Three years. Count(s) 2, 7, Underlying indictments are dismissed on the motion of the US. The court makes the following recommendations to the Bureau of Prisons the defendant be incarcerated in the northeast region of the United States, as close as feasible to Springfield, MA, to facilitate family visits. Special Assessment of $300 which is due immediately. (Signed by Judge P. Kevin Castel on 10/18/12)(jw)
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Request |
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Filed: None, Entered: None |
Judgment Entered in Money Book |
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Judgment entered in money judgment book as #12,1935 as to Emilio Fusco in the amount of $ 300.00, re: [296] Judgment. (dt)
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Filed: None, Entered: None |
Dismissal of Counts on Government Motion |
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DISMISSAL OF COUNTS on Government Motion as to Emilio Fusco (9) Count 2,7. (jw)
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| 297 |
Filed: 10/16/2012, Entered: 10/19/2012 |
Notice of Appeal -Final Judgment |
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NOTICE OF APPEAL by Emilio Fusco from [296] Judgment. (nd)
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Request |
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Filed: None, Entered: None |
Appeal Remark |
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Appeal Remark as to Emilio Fusco re: [297] Notice of Appeal - Final Judgment. $455.00 APPEAL FILING FEE DUE. (nd)
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Filed: None, Entered: None |
Remark |
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Forwarded three certified copies of this Order [295] of Forfeiture to Assistant United States Attorney Sharon Cohen Levin, United States Attorney's Office, One St. Andrew's Plaza, New York, New York, 10007. (jab)
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| 295 |
Filed: 10/12/2012, Entered: 10/12/2012 |
Order |
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PRELIMINARY ORDER OF FORFEITURE as to Emilio Fusco. For the reasons set forth in this Order; NOW, THEREFORE IT IS ORDERED, ADJUDGED AND DECREED THAT: As a result of the offenses charged in Counts One, Six and Thirteen, of which the defendant was found guilty, a money judgment in the amount of $260,000 in United States currency shall be entered against the defendant... The Clerk of the Court shall forward three certified copies of this Order of Forfeiture to Assistant United States Attorney Sharon Cohen Levin, United States Attorney's Office, One St. Andrew's Plaza, New York, New York, 10007. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/10/2012)(dnd)
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Request |
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Filed: None, Entered: None |
Sentencing |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Sentencing held on 10/11/2012 for Emilio Fusco (9) Count 1,6,13. Defendant is present with attorney Richard Lind. Daniel Goldman and Nick McQuaid, AUSAs present. Joy Adam - Special Agent- FBI, present. Court Reporter: Steven Griffing. Interpreter: Sandra Borri and Lilia Pino (sworn). Sentencing continued from October 10, 2012. Defendant objections to PSR continue. At trial, defendant is found guilty on Counts 1, 6 and 13 of the S4 Indictment. Defendant is sentenced to 300 months imprisonment (240 months on Counts 1 & 6 to run concurrently; and 60 months on Count 13 to run consecutively with Counts 1&6), 3 years supervised release, the fine is waived, forfeiture ordered (see Preliminary Order of Forfeiture), and a special assessment of $300. Defendant is remanded into custody. (jw)
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Filed: None, Entered: None |
Status Conference |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Status Conference as to Emilio Fusco held on 10/10/2012. Defendant is present with attorney Richard Lind. Daniel Goldman and Nick McQuaid, AUSAs present. Court Reporter: Steven Griffing. Interpreter: Sandra Borri (sworn). Defendants objections to PSR. Sentencing continued to October 11, 2012 at 2:00 p.m. (jw)
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Filed: None, Entered: None |
Notice to Attorney to Re-File Document - Event Type Error |
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NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Richard Bruce Lind as to Emilio Fusco: to RE-FILE Document [294] Reply Memorandum of Law. Use the document type Sentencing Memorandum found under the document list Other Documents. (ka)
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| 294 |
Filed: 10/9/2012, Entered: 10/9/2012 |
Reply Memorandum of Law |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW by Emilio Fusco re: [287] Sentencing Memorandum, filed by Emilio Fusco. (Attachments: # (1) Exhibit Verdict Sheet)(Lind, Richard) Modified on 10/10/2012 (ka).
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Request |
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| 293 |
Filed: 10/5/2012, Entered: 10/5/2012 |
Endorsed Letter |
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ENDORSED LETTER as to John Bologna addressed to Judge P. Kevin Castel from Miriam Rocah and Daniel Goldman dated 10/4/2012 re: Reschedule Sentencing as to John Bologna( Sentencing set for 12/14/2012 at 03:30 PM before Judge P. Kevin Castel.)...ENDORSEMENT...Sentencing adjourned from November 2, 2012 to December 14, 2012 at 3:30pm. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/4/2012)(jw)
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Request |
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| 292 |
Filed: 10/4/2012, Entered: 10/4/2012 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge P. Kevin Castel from Richard B. Lind dated 10/3/2012 re: Request that the Court sign the enclosed proposed order permitting defendant's family to bring to Fusco non-prison attire so that he can wear the clothes at sentencing...ENDORSEMENT...Sentencing is a non-jury proceeding. I will follow my uniform practice of having a defendant appear at court - only proceeding in prison attire. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/3/12)(jw)
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Request |
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| 291 |
Filed: 10/4/2012, Entered: 10/4/2012 |
Sentencing Memorandum |
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SENTENCING MEMORANDUM by USA as to Emilio Fusco. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Goldman, Daniel)
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| 290 |
Filed: 10/3/2012, Entered: 10/3/2012 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge P. Kevin Castel from Richard B. Lind dated 9/26/2012 re: Accordingly, we respectfully submit that maximum sentence of imprisonment on Count Five is five years...ENDORSEMENT..To provide the Court with maximum flexibility, i ask Ms. Dunne to recalculate the guidelines, assuming hypothetically, that the Court were to agree with Mr. Lind that the maximum on Count 5 is 5 years. The Court express it thanks. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/2/12)(jw)
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Request |
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| 289 |
Filed: 9/27/2012, Entered: 9/27/2012 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge P. Kevin Castel from Richard B. Lind dated 9/26/2012 re: Defense counsel writes to inform the court that he is lodging an objection to the maximum penalty of 20 years for Count five as set forth in the PSR... ENDORSEMENT: Please also raise with Office of Probation who is requested to respond. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/27/2012)(dnd)
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Request |
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| 288 |
Filed: 9/27/2012, Entered: 10/3/2012 |
Endorsed Letter |
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ENDORSED LETTER as to (09-Cr-1239-08) Felix Tranghese addressed to Judge P. Kevin Castel from AUSAs Daniel Goldman/ Nicholas L. McQuaid, dated September 26, 2012 re: The Government respectfully submits this letter to request, with the consent of defense counsel, that sentencing in the above-referenced matter, currently scheduled for October 19,2012, be adjourned to December 7, 2012, at 12:00 p.m., in order to permit the parties to apprise the United States Probation Department and the Court of all matters relevant to sentencing. ENDORSEMENT: Sentencing adjourned from October 19, 2012 to December 7, 2012 at 12:00 p.m. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/27/2012)(bw); Modified on 10/3/2012 (bw).
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Request |
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Filed: None, Entered: None |
Note Regarding Deleted Document |
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***DELETED DOCUMENT. Deleted document number 288, ENDORSED LETTER, as to Arthur Nigro (1). The document was incorrectly filed in this case. (bw)
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Filed: None, Entered: None |
Set/Reset Hearings |
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Set/Reset Hearings as to Arthur Nigro: Sentencing set for 12/7/2012 at 12:00 PM before Judge P. Kevin Castel. (dnd)
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 9/27/12. (mn)
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| 287 |
Filed: 9/26/2012, Entered: 9/26/2012 |
Sentencing Memorandum |
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SENTENCING MEMORANDUM by Emilio Fusco. (Attachments: # (1) Exhibit Defense Objections to PSR, # (2) Exhibit Government Objections to PSR, # (3) Exhibit Photo of Tony Capua, # (4) Exhibit copy of Capua Driver's License and Birth Certificate (Redacted), # (5) Exhibit Letters In Support of Defendant)(Lind, Richard)
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| 286 |
Filed: 9/17/2012, Entered: 9/17/2012 |
Order |
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MEMORANDUM AND ORDER as to Emilio Fusco. Before the Court is the motion of Emilio Fusco to set aside a jury's verdict and grant him judgment of acquittal or a new trial on certain counts of a multi-count indictment. Count One charged Fusco with racketeering conspiracy, namely, conspiring to participate in the affairs of the Genovese Organized Crime Family through a pattern of racketeering activity including murder, extortion, and narcotics distribution...For the reasons outlined above, defendant Fuscos motion to vacate portions ofhis conviction (ECF No. 275) is DENIED. The Clerk of the Court is directed to terminate the pre-trial motions relating to dismissal of Count 2 (ECF No. 248) and various motions in limine (ECF No 256). SO ORDERED. (Signed by Judge P. Kevin Castel on 9/17/2012)(dnd)
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Filed: None, Entered: None |
Oral Argument |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Oral Argument as to Emilio Fusco held on 9/11/2012 re: [275] MOTION to Vacate Conviction on Counts Three, Five, and Racketeering Act Four filed by Emilio Fusco. Defendant is present with attorney Richard Lind. AUSAs, Daniel Goldman and Nick McQuaid, present. Court Reporters: Tom Murray. Interpreters: Lilia Pino. Motion - DE 275, Court reserves decision. (jbo)
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| 285 |
Filed: 9/5/2012, Entered: 9/5/2012 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge P. Kevin Castel from Daniel S. Goldman and Nicholas L. McQuaid dated 9/4/2012 re: The Government writes to request an adjournment of the oral argument scheduled on September 7, 2012 at 2:00pm until Monday, September 10, 2012 at 3:30pm as to Emilio Fusco( Pretrial Conference set for 9/10/2012 at 03:30 PM before Judge P. Kevin Castel.)...ENDORSEMENT...Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/4/2012)(jw)
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Request |
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| 284 |
Filed: 8/30/2012, Entered: 8/31/2012 |
Order |
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ORDER as to (S4-09-Cr-1239-09) Emilio Fusco. The Court has reviewed the parties' briefing on defendant Fusco's motion to vacate portions of his conviction. The Court requests further argument on one ground advanced by Fusco, to wit, that there was insufficient evidence presented at trial to convict on Count Five of the redacted indictment, which charged Fusco with interstate travel in aid of racketeering "from at least in or about 2002, up to and including in or about 2006." The Court notes that the Government, in opposing the motion, cites testimony relating to a single triap Fusco took to New York to meet members of the Genovese Organized Crime Family in the "mid to late 90's." Accordingly, oral argument on the aforementioned ground is hereby scheduled for Friday, September 7, 2012, at 2:00 p.m. (Signed by Judge P. Kevin Castel on 8/30/2012)(bw)
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Request |
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| 283 |
Filed: 8/30/2012, Entered: 8/30/2012 |
Endorsed Letter |
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ENDORSED LETTER: As to Emilio Fusco addressed to Judge P. Kevin Castel from Daniel S. Goldman dated 8/30/2012 re: The Government respectfully writes to propose, jointly with defense counsel, a briefing schedule in advance of the defendant's sentencing. The proposed schedule would require the defendant's submission to be filed by September 26, 2012, with the Government's submission to be filed by October 3, 2012. ENDORSEMENT: Schedule approved. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/30/2012)(dnd)
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Request |
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| 282 |
Filed: 8/28/2012, Entered: 8/28/2012 |
Order |
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ORDER as to (09-Cr-1239-09) Emilio Fusco. Sentencing scheduled for September 21 is adjourned to October 10, 2012, at 2 p.m. in Courtroom 12C at the United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/27/2012)(bw)
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Request |
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 8/27/12. (mn)
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from Marcos Caio in the amount of $300.00. Date Received: 8/6/12. (mn)
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| 281 |
Filed: 8/3/2012, Entered: 8/3/2012 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support as to Emilio Fusco re: [275] MOTION to Vacate Conviction on Counts Three, Five, and Racketeering Act Four.. (Lind, Richard)
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Request |
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| 280 |
Filed: 8/1/2012, Entered: 8/1/2012 |
Notice of Change of Address |
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NOTICE of Change of Address as to Emilio Fusco. New Address: Richard B. Lind, Esq., 880 Third Avenue, 13th Floor, New York, NY, 10022, (212) 888-7725. (Lind, Richard)
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Request |
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 8/1/12. (mn)
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| 279 |
Filed: 7/27/2012, Entered: 7/27/2012 |
Endorsed Letter |
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ENDORSED LETTER as to John Bologna addressed to Judge Kevin Castel from Miriam Rocah and Daniel S. Goldman dated 7/25/2012 re: Reschedule Sentencing as to John Bologna( Sentencing set for 11/2/2012 at 02:30 PM before Judge P. Kevin Castel.)...ENDORSEMENT..Sentencing set for November 2, 2012 at 2:30pm. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/26/2012)(jw)
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Request |
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| 278 |
Filed: 7/20/2012, Entered: 7/20/2012 |
Memorandum in Opposition to Motion |
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MEMORANDUM in Opposition by USA as to Emilio Fusco re [275] MOTION to Vacate Conviction on Counts Three, Five, and Racketeering Act Four.. (Goldman, Daniel)
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| 277 |
Filed: 7/12/2012, Entered: 7/12/2012 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco, addressed to Judge P. Kevin Castel, from Daniel S. Goldman/Nicholas L. McQuaid, AUSA, dated 7/12/2012, re: request an extension of time to file its opposition to the defendant's motion to vacate his convictions on Counts 3, 5 and Racketeering Act Four of Count 2. Request a one-week adjournment, from July 13, 2012, until July 20, 2012. Also request a revised deadline of August 3, 2012 to file a reply, to which the gov't consents. ( Replies due by 8/3/2012. Responses due by 7/20/2012.) (Signed by Judge P. Kevin Castel on 7/12/2012)(ja)
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Request |
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Filed: None, Entered: None |
Payment of Special Assessment |
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Payment of Special Assessment from George Coumoutsos in the amount of $100.00. Date Received: 7/5/12. (mn)
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| 276 |
Filed: 6/15/2012, Entered: 6/15/2012 |
Memorandum in Support of Motion |
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MEMORANDUM in Support by Emilio Fusco re [275] MOTION to Vacate Conviction on Counts Three, Five, and Racketeering Act Four.. (Lind, Richard)
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Request |
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| 275 |
Filed: 6/15/2012, Entered: 6/15/2012, Terminated: 9/17/2012 |
Motion to Vacate |
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MOTION to Vacate Conviction on Counts Three, Five, and Racketeering Act Four. Document filed by Emilio Fusco. (Lind, Richard)
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Request |
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Filed: None, Entered: None |
Set/Reset Deadlines: |
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Set/Reset Deadlines as to Emilio Fusco: Defendant's Motions due by 6/15/2012. Government Responses due by 7/13/2012. Defendant's Replies due by 7/20/2012. (dnd)
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| 274 |
Filed: 6/6/2012, Entered: 6/11/2012 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge P. Kevin Castel from Richard B. Lind dated 6/6/2012 re: Defense counsel writes to request a four-day extension of time for defendant Fusco to serve and file any post-trial motions, from June 11 to June 15, 2012, and for corresponding extensions of time for the government to file opposition papers, from July 9 to July 13, 2012 and for the filing of any reply by defendant, from July 16 to July 20, 2012. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 6/11/2012)(dnd)
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Request |
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| 272 |
Filed: 6/4/2012, Entered: 6/4/2012 |
Endorsed Letter |
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ENDORSED LETTER as to Felix Tranghese, addressed to Judge P. Kevin Castel, from Elie Honig/Daniel Goldman, AUSAs, dated 5/31/2012, re: jointly request that the transcript of the January 24, 2011 guilty plea proceeding, and the plea agreement, be unsealed and docketed in connection with the upcoming sentencing of Mr. Tranghese. -- Judge endorsed: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/1/2012)(ja)
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Request |
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Filed: None, Entered: None |
Transmission to Sealed Records Clerk |
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Transmission to Sealed Records Clerk: as to Felix Tranghese. Transmitted re: [272] Endorsed Letter, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ja)
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| 273 |
Filed: 6/1/2012, Entered: 6/6/2012 |
Transcript |
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TRANSCRIPT of Proceedings as to Emilio Fusco held on April 17, 18, 19, 23, 2012 before Judge P. Kevin Castel. (rjm)
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Request |
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| 271 |
Filed: 5/31/2012, Entered: 5/31/2012 |
Endorsed Letter |
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ENDORSED LETTER as to Felix Tranghese addressed to Judge Kevin Castel from Elie Honig and Daniel Goldman dated 5/30/12 re: Request Sentencing as to Felix Tranghese( Sentencing set for 10/19/2012 at 11:30 AM before Judge P. Kevin Castel.)...ENDORSEMENT..Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/31/12)(jw)
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Request |
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| 270 |
Filed: 5/29/2012, Entered: 5/29/2012 |
Transcript |
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TRANSCRIPT of Proceedings as to Emilio Fusco held on April 26, 30, 2012 and May 1-3, 2012. before Judge P. Kevin Castel. (rjm)
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Request |
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 5/25/12. (mn)
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| 269 |
Filed: 5/22/2012, Entered: 5/22/2012 |
Transcript |
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TRANSCRIPT of Proceedings as to Emilio Fusco held on April 24, 25, 2012 before Judge P. Kevin Castel. (rjm)
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Request |
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| 268 |
Filed: 5/10/2012, Entered: 5/10/2012 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge Kevin Castel from Richard B. Lind dated 5/8/12 re: Reshedule Briefing as to Emilio Fusco( Motions due by 6/11/2012., Defendant's Replies due by 7/16/2012., Government Responses due by 7/9/2012). With respect to sentencing submissions, any objections to the initial PSR shall be made on or before August 31, 2012; defendant's sentencing memorandum shall be filed on or before September 7, 2012; and the government's sentencing submission shall be filed on or before September 14, 2012..ENDORSEMENT..Schedule Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/10/12)(jw)
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Request |
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| 267 |
Filed: 5/3/2012, Entered: 5/3/2012 |
Remark |
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Verdict Sheet as to Emilio Fusco. (jw)
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Request |
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Filed: None, Entered: None |
Jury Verdict |
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JURY VERDICT as to (S4-09-Cr-1239-) Emilio Fusco (9) Guilty on Count 1,6,13. [*** NOTE: Refer to the Minute Entry on Sentencing dated 10/11/2012. ***] (bw)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Emilio Fusco held on 5/3/2012. Government withdraws: "Count One, (1) Did the defendant conspire to murder and/or aid and abet the murder of Adolfo Bruno, in violation of Federal law or Massachusetts law." from Verdict Sheet. Court discharges the jury. VERDICT: Defendant, Emilio Fusco was found guilty on Count : RICO conspiracy; Count 3: extortion conspiracy; and Count 5: interstate travel in aid of racketerring. Sentencing is set for September 21, 2012 at 11:00 a.m. ( Sentencing set for 9/21/2012 at 11:00 AM before Judge P. Kevin Castel.) (Court Reporter Martha Drevis, Rose Prater and Bill Richards) (ja)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Emilio Fusco held on 5/2/2012. Deliberation continues. Court gives instructions to jurors. Jury Note # 13 - The Jury unanimously agrees to return a partial verdict. Court Ex. 15 (see Verdict Sheet attached), jury polled. On Count 1, (1) Court gives modified Allen charge, Jury continues deliberation. (Court Reporter Martha Drevis, Rose Prater and Bill Richards) (ja)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Emilio Fusco held on 5/1/2012. Defendant is present with attorney Richard Lind. AUSAs, Daniel Goldman and Nick McQuaid, present. Paralegal: Maria Guardavaccaro. Joy Adam - Special Agent- FBI. Court Reporters: Martha Drevis, Rose Prater and Bill Richards. Interpreters: Joanna Dezio and Sandra Borri. (Court Reporter Martha Drevis, Rose Prater and Bill Richards) (ja)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Emilio Fusco held on 4/30/2012. Defendant testimony continues. Defendant Rests. Evidentiary phase of case is complete. Govt McQuaid summation. Defendant summation. Government rebuttal summation. Jury Charge. Jury begins deliberation. (Court Reporter Martha Drevis and Rose Prater) (ja)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Emilio Fusco held on 4/26/2012. Testimony continues. Government Rests. Defendant testimony begins. Trial continues to April 30, 2012 at 10:00 a.m. ( Jury Trial set for 4/30/2012 at 10:00 AM before Judge P. Kevin Castel.) (Court Reporter Martha Drevis and Rose Prater) (ja)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Emilio Fusco held on 4/25/2012. Testimony continues. (Court Reporter Martha Drevis and Rose Prater) (ja)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Emilio Fusco held on 4/24/2012. Testimony continues. (Court Reporter Martha Drevis and Rose Prater) (ja)
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 4/24/12. (mn)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Emilio Fusco held on 4/23/2012. Testimony continued. (Court Reporter Martha Drevis and Rose Prater) (ja)
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| 266 |
Filed: 4/20/2012, Entered: 4/20/2012 |
Notice of Change of Address |
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NOTICE of Change of Address as to Steve Alfisi. New Address: Gerald L. Shargel Law Offices, 1790 Broadway, Ste. 1501, New York, New York, United States 10019, 2124462323. (Shargel, Gerald)
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Request |
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Emilio Fusco held on 4/19/2012. ( Jury Trial set for 4/23/2012 at 10:00 AM before Judge P. Kevin Castel.) (Court Reporters Martha Drevis and Rose Prater) (ja)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Emilio Fusco held on 4/18/2012. (Court Reporter Martha Drevis and Rose Prater) (ja)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Emilio Fusco held on 4/17/2012. Opening statement Government; Opening statement Defendant, Testimony. (Court Reporter Martha Drevis and Rose Prater) (ja)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Emilio Fusco held on 4/16/2012. (Court Reporter Martha Drevis and Rose Prater) (ja)
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Filed: None, Entered: None |
Jury Impaneled |
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Jury Impaneled as to Emilio Fusco. (ja)
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Filed: None, Entered: None |
Jury Selection |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Selection as to Emilio Fusco held on 4/16/2012. (Court Reporter Martha Drevis and Rose Prater) (ja)
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Filed: None, Entered: None |
Voir Dire |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Voir Dire held on 4/16/2012 as to Emilio Fusco. Defendant is present with attorney Richard Lind. AUSAs, Daniel Goldman and Nick McQuaid, present. Paralegal: Maria Guardavaccaro. Joy Adam - Special Agent- FBI. Court Reporters: Martha Drevis and Rose Prater. Interpreters: Joanna Dezio and Sandra Borri. Proclamation, Qualification Oath, Jury selection, Jury is empaneled, Selection Oath. (Court Reporter Martha Drevis and Rose Prater) (ja)
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from Marcos Caio in the amount of $500.00. Date Received: 4/16/12. (mn)
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Filed: None, Entered: None |
Pretrial Conference |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Final Pretrial Conference as to Emilio Fusco held on 4/13/2012. Defendant is present with attorney Richard Lind. Daniel Goldman and Nick McQuaid - AUSA present. Paralegal: Maria Guardavaccaro. Court Reporter: Jennifer Thun. Interpreter: Joanna Dezio (sworn). Ruling: Motion, DE 248 is denied. In limine motions, DE 256 - motions disposed of as reflected in the transcript. Defendant continues to be detained. (dnd)
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| 265 |
Filed: 4/12/2012, Entered: 4/12/2012 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge Kevin Castel from Richard B. Lind dated 4/12/12 re: Reschedule Conference....ENDORSEMENT...Application denied. By the terms of the Jenkins Act, the government need not have turned over material until after the direct testing of the witnesses 18 USC 3500(a). Here, the government has provided the material more than two weeks prior to jury selection. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/12/12)(jw)
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Request |
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| 264 |
Filed: 4/12/2012, Entered: 4/12/2012 |
Order |
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ORDER with Respect to Jurors as to Emilio Fusco. IT IS HEREBY ORDERED that the names, addresses and places of employment of the jurors in the above-captioned matter shall be kept confidential and not disclosed to any person; and it is further ORDERED that this Order may be modified or amended at any time by the Court; and it is further ORDERED that the Clerk shall transmit copies of this Order to the District's Jury Administrator. (Signed by Judge P. Kevin Castel on 4/12/12)(jw)
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Request |
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|
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| 263 |
Filed: 4/12/2012, Entered: 4/12/2012 |
Order on Motion for Reconsideration |
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ORDER terminating [244] Motion for Reconsideration as to Emilio Fusco (9). By Memorandum and Order dated October 27, 2011, the Court denied defendant's motion to preclude evidence and/or trial on certain predicate racketeering actsalleged in the superseding indictment. On November 14, 2011, defendant moved forreconsideration. The Court denied defendant's motion for reconsideration at a pretrial conference on December 12, 2011. Accordingly, the Clerk of the Court is directed to terminate the motion. (ECF No. 244.) SO ORDERED. (Signed by Judge P. Kevin Castel on 4/12/12) (jw)
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Request |
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| 262 |
Filed: 4/6/2012, Entered: 4/6/2012 |
Order |
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ORDER as to (09-Cr-1239-09) Emilio Fusco. ORDERED, that the Metropolitan Correctional Center shall allow three sets of the following clothing be admitted for Emilio Fusco, Inmate ID # 02689-748, for his upcoming trial. 1. Jackets; 2. Pants; 3. Sweaters; 4. Shirts; 5. Shoes; 6. Socks; 7. Ties; 8. Belts; 9. Undershirts. SO ORDERED: (Signed by Judge P. Kevin Castel on 4/6/2012)(bw)
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Request |
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| 261 |
Filed: 4/3/2012, Entered: 4/3/2012 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support by USA as to Emilio Fusco re: [256] MOTION in Limine.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(McQuaid, Nicholas)
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| 260 |
Filed: 3/21/2012, Entered: 3/21/2012 |
Memorandum in Opposition to Motion |
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MEMORANDUM in Opposition by Emilio Fusco re [256] MOTION in Limine.. (Lind, Richard)
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| 259 |
Filed: 3/19/2012, Entered: 3/19/2012 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge P. Kevin Castel from Richard B. Lind dated 3/16/2012. Defense counsel is writing to request a two-day extension of time for defendant Fusco to respond to the government in limine motion, from March 19 to March 21, 2012, and for a corresponding extension of time for the government to file any reply, to April 2, 2012. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/16/2012)(dnd)
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Request |
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Filed: None, Entered: None |
Set/Reset Deadlines: |
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Set/Reset Deadlines as to Emilio Fusco: Defense Responses due by 3/21/2012.Government's Replies due by 4/2/2012. (dnd)
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| 258 |
Filed: 3/6/2012, Entered: 3/6/2012 |
Request to Charge |
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Request To Charge by USA as to Emilio Fusco. (Attachments: # (1) Exhibit A)(Goldman, Daniel)
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Request |
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| |
Filed: None, Entered: None |
Notice to Attorney to Re-File Document - Event Type Error |
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NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Daniel Sachs Goldman as to Emilio Fusco: to RE-FILE Document [257] Proposed Jury Instructions. Use the document type Request to Charge found under the document list Trial Documents. (ka)
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| 257 |
Filed: 3/5/2012, Entered: 3/5/2012 |
Proposed Jury Instructions |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Proposed Jury Instructions by USA as to Emilio Fusco. (Attachments: # (1) Exhibit A)(Goldman, Daniel) Modified on 3/6/2012 (ka).
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Request |
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| 256 |
Filed: 3/5/2012, Entered: 3/5/2012, Terminated: 9/17/2012 |
Motion in Limine |
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MOTION in Limine. Document filed by USA as to Emilio Fusco. (McQuaid, Nicholas)
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| 255 |
Filed: 3/5/2012, Entered: 3/5/2012 |
Proposed Examination of Jurors |
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PROPOSED EXAMINATION OF JURORS by USA as to Emilio Fusco. (Goldman, Daniel)
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Request |
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| 254 |
Filed: 3/5/2012, Entered: 3/5/2012 |
Transcript |
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TRANSCRIPT of Proceedings for Presentment as to Fotios Geas held on 4/5/2012 before Magistrate Judge Andrew J. Peck. (ja)
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Request |
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 2/22/12. (mn)
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| 253 |
Filed: 2/7/2012, Entered: 2/7/2012 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support as to Emilio Fusco re: [248] MOTION to Dismiss Charges Under Count Two Of The Indictment.. (Lind, Richard)
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Request |
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 1/24/12. (mn)
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| 251 |
Filed: 1/13/2012, Entered: 1/13/2012 |
Memorandum in Opposition to Motion |
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MEMORANDUM in Opposition by USA as to Emilio Fusco re [248] MOTION to Dismiss Charges Under Count Two Of The Indictment.. (Goldman, Daniel)
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| 252 |
Filed: 1/10/2012, Entered: 1/19/2012 |
Transcript |
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TRANSCRIPT of Proceedings as to Emilio Fusco held on 12/12/2011 before Judge P. Kevin Castel. (jfe)
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Request |
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| 250 |
Filed: 1/10/2012, Entered: 1/11/2012 |
Transcript |
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TRANSCRIPT of Proceedings as to Emilio Fusco held on 12/12/2011 before Judge P. Kevin Castel. (ab)
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Request |
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| 249 |
Filed: 1/10/2012, Entered: 1/10/2012 |
Memorandum in Support of Motion |
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MEMORANDUM in Support by Emilio Fusco re [248] MOTION to Dismiss Charges Under Count Two Of The Indictment.. (Attachments: # (1) Exhibit Letter)(Lind, Richard)
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Request |
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| 248 |
Filed: 1/10/2012, Entered: 1/10/2012, Terminated: 9/17/2012 |
Motion to Dismiss |
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MOTION to Dismiss Charges Under Count Two Of The Indictment. Document filed by Emilio Fusco. (Lind, Richard)
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Request |
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 1/3/12. (mn)
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from Marcos Caio in the amount of $200.00. Date Received: 12/22/2011. (jd)
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| 247 |
Filed: 12/23/2011, Entered: 12/23/2011 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge P. Kevin Castel from Richard B. Lind dated 12/23/11 re: I respectfully request an opportunity to file defendant's motions on January 10, 2012 as to Emilio Fusco( Motions due by 1/10/2012., Defendant Replies due by 2/7/2012., Government Responses due by 1/26/2012)...ENDORSEMENT..File motion by January 10, 2012. Response due January 26, 2012. Any reply due February 7, 2012. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/23/11)(jw)
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Request |
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Filed: None, Entered: None |
Set/Reset Hearings |
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Set/Reset Hearings as to Emilio Fusco: Pretrial Conference set for 4/13/2012 at 11:30 AM before Judge P. Kevin Castel. (dnd)
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Filed: None, Entered: None |
Set/Reset Deadlines: |
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Set/Reset Deadlines as to Emilio Fusco: Government Motions due by 3/5/2012. Defendant's Brief due by 3/19/2012. Government Replies due by 3/30/2012. Defendant's Responses due by 4/6/2012. (dnd)
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Filed: None, Entered: None |
Pretrial Conference |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Pretrial Conference as to Emilio Fusco held on 12/12/2011. Defendant is present with attorney Richard Lind. Daniel Goldman, AUSA present. Court Reporter: Carol Ganley. Interpreter: Joanna Dezio (sworn). Govt 404(b) evidence, request to charge, voir dire, verdict form and any in limine due March 5, 2012; Defendant submissions due March 19, 2012; Govt reply and any 3500 material due March 30, 2012; Defendant reply due April 6, 2012. Final pretrial conference is set for April 13, 2012 at 11:30 a.m. Defendant continues to be detained. (dnd)
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| 246 |
Filed: 11/28/2011, Entered: 11/28/2011 |
Memorandum of Law in Support |
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AMENDED MEMORANDUM OF LAW in Support 244 by Emilio Fusco. (Lind, Richard) Modified on 11/29/2011 (ka).
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Request |
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| |
Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 11/21/11. (mn)
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| 245 |
Filed: 11/14/2011, Entered: 11/14/2011 |
Memorandum in Support of Motion |
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MEMORANDUM in Support by Emilio Fusco re [244] MOTION for Reconsideration.. (Lind, Richard)
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Request |
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| 244 |
Filed: 11/14/2011, Entered: 11/14/2011, Terminated: 4/12/2012 |
Motion for Reconsideration |
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MOTION for Reconsideration. Document filed by Emilio Fusco. (Lind, Richard)
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Request |
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| 243 |
Filed: 11/3/2011, Entered: 11/3/2011 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge P. Kevin Castel, from Richard B. Lind, atty for dft, dated 11/2/2011, re: request a one business day extension of Fusco's time for filing any motion for reconsideration, from the present due date of November 10 to November 14, 2011. -- Judge endorsed: Application granted. SO ORDERED. ( Motions due by 11/14/2011.) (Signed by Judge P. Kevin Castel on 11/2/2011)(ja)
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Request |
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| 242 |
Filed: 10/27/2011, Entered: 10/27/2011 |
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MEMORANDUM AND ORDER denying [202] Motion to Exclude as to Emilio Fusco (9): For the reasons outlined within, defendant Fusco's motion to preclude evidence based on the rule of specialty is DENIED. (Signed by Judge P. Kevin Castel on 10/26/2011) (ab)
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from Marcos Caio in the amount of $200.00. Date Received: 10/27/11. (mn)
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 10/20/11. (mn)
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| 241 |
Filed: 10/17/2011, Entered: 10/21/2011 |
Transcript |
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TRANSCRIPT of Proceedings as to Emilio Fusco held on 9/13/11 before Judge P. Kevin Castel. (jw)
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Request |
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| 240 |
Filed: 10/17/2011, Entered: 10/20/2011 |
Transcript |
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TRANSCRIPT of Proceedings as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas, John Bologna held on September 12, 2011 @ 11:20 am before Judge P. Kevin Castel. (jab)
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Request |
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Filed: None, Entered: None |
Status Conference |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference as to (S4-09-Cr-1239-09) Emilio Fusco held on 10/12/2011. Hearing held. Defendant is present with attorney Richard Lind. Also present is William Aronwald. Court Reporter: Paula Speer. Interpreter: Joanna Dezio. Hearing on attorney's lien. Issue is resolved by parties. Defendant continues to be detained. (bw)
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| Save 25% on a pre-paid one year subscription. |
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| 239 |
Filed: 10/11/2011, Entered: 10/11/2011 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge P. Kevin Castel from William I. Aronwald dated 10/11/2011 re: Counsel writes to request that the Court rule on the issue before the hearing as it will directly impact upon the permissible scope of his testimony. ENDORSEMENT: With the expectation that the heading may be completed in three hours, I will move up the start time of the hearing to 2 PM on October 12. Mr. Aronwald should contact the AUSA to ensure that his client is produced. I will address the privilege issue at tomorrow's hearing. (Signed by Judge P. Kevin Castel on 10/11/2011) (ab)
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Request |
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| 238 |
Filed: 10/7/2011, Entered: 10/7/2011 |
Reply Affirmation in Support of Motion |
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REPLY AFFIRMATION of Richard B. Lind, Esq. in Support as to Emilio Fusco re: [202] MOTION to Exclude evidence.. (Attachments: # (1) Exhibit Extradition Treaty, # (2) Exhibit Lanpher Affidavit, # (3) Exhibit Superseding Indictment, # (4) Exhibit Relevant U.S. Statutes, # (5) Exhibit Italian Supreme Court Opinion, # (6) Exhibit Letter from Italian Counsel, # (7) Exhibit Relevant Italian Criminal Law Statutes)(Lind, Richard)
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Request |
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| 237 |
Filed: 10/7/2011, Entered: 10/7/2011 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support as to Emilio Fusco re: [202] MOTION to Exclude evidence. And To Prohibit Trial on Crimes. (Lind, Richard)
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| 236 |
Filed: 9/23/2011, Entered: 9/23/2011 |
Order |
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ORDER: As to Emilio Fusco. Defendant Emilio Fusco replaced his retained counsel, William L Aronwald, Esq., with Richard Lind, Esq., also retained, on September 13, 2011. After being relieved as counsel, Mr. Aronwald informed the Court that he is asserting a retaining lien over his files in the matter, and refusing to tum them over to Mr. Lind until the defendant pays an outstanding balance of $5,505.23 for legal services and expenses. The defendant responds that Mr. Aronwald overbilled him for services and is therefore not entitled to the lien. The retained files include copies of the government's voluminous production to defense counsel.The Court directed the Mr. Aronwald and Mr. Lind to meet and confer for no less than forty-five minutes, preferably over a meal, in an attempt to resolve the dispute. A briefing schedule was set, and an evidentiary hearing is scheduled for October 12, 2011, in the event the matter could not be resolved by agreement of the parties. I have received Mr. Aronwald's letter dated September 21, 2011, Mr. Lind's letter of the same date requesting that submissions in connection with this dispute be sealed, and Mr. Aronwald's letter opposing that request. The parties appear unable to reach an agreement on the matter of the retaining lien expeditiously. The dispute stands to jeopardize the timely resolution of this criminal prosecution. I therefore reluctantly order the government to produce to the defendant, through Mr. Lind, the discovery materials previously delivered to Mr. Aronwald. Mr. Lind's request to seal submissions made in connection with the retaining lien is denied. The parties request adjudication of substantive rights related to Mr. Aronwald's retaining lien, and therefore any documents submitted in connection with that adjudication are "judicial documents," afforded a presumption of public access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 121 (2d Cir. 2006) (citing United States v. Amodeo, 71 F.3d 1044, 1049 (2d Cir. 1995)). To date, the publicity surrounding this case has been minimal, and the risk of prejudice to the defendant from adverse publicity in connection with this dispute can be mitigated through questioning during voir dire. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/22/2011)(dnd)
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Request |
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 234 |
Filed: 9/21/2011, Entered: 9/21/2011 |
Sealed Document + |
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SEALED DOCUMENT placed in vault. (mps)
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 9/20/11. (mn)
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Filed: None, Entered: None |
Appeal Record Sent to USCA - Electronic File |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Ty Geas re: [148] Order,, [138] Reply Memorandum of Law in Opposition to Motion, [182] Order,,,, [212] Sentencing Memorandum, [115] Indictment, [63] Indictment, [149] Order, [112] Order, [120] Endorsed Letter, Set Deadlines/Hearings,,,,,, [155] Letter,, [81] Endorsed Letter, [109] Proposed Examination of Jurors, [127] Request to Charge, [154] Endorsed Letter, Set Hearings,,,,,, [105] Endorsed Letter,,,, [62] Order to Unseal Indictment, [107] Letter, [161] Order, [217] Notice of Change of Address, [190] Notice of Attorney Appearance - USA, [163] Memorandum of Law, [80] Letter, [159] Order, [141] Order, Set Hearings,,,,,,,, [147] Order,,,, [216] Sentencing Memorandum, [119] Memorandum in Opposition to Motion, [118] Endorsed Letter,,, [75] Endorsed Letter, Set Deadlines/Hearings,,,, [79] Endorsed Letter, Set Deadlines/Hearings,,,,,,,, [64] Warrant Issued, [86] Notice of Attorney Appearance - Defendant, [153] Endorsed Letter, Set Deadlines/Hearings,,,,,,,, [171] Remark, [146] MOTION for Protective Order Relating to Dissemination of Rule 3500 Materials., [67] Notice of Attorney Appearance - USA, [142] Memorandum in Opposition to Motion, [170] Order, Set Deadlines/Hearings,,,,,, [224] Judgment,,, [117] Response to Motion, [225] Order for Forfeiture of Property,,,,,,, [84] Endorsed Letter,,, [184] Letter, [111] Request to Charge, [76] Notice of Attorney Appearance - Defendant, [77] Order, [233] Transcript Request, [71] Notice of Attorney Appearance - Defendant, [68] Notice of Attorney Appearance - USA, [104] Order, Set Hearings,, [110] MOTION in Limine., [174] Notice of Change of Address, [187] Endorsed Letter, Set Deadlines/Hearings,,,, [185] Probation Form, Set Hearings,, [186] Endorsed Letter, Set Deadlines/Hearings,, [125] Reply Memorandum of Law in Support of Motion, [232] Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (nd)
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Filed: None, Entered: None |
Transmission of Notice of Appeal and Docket Sheet to USCA |
|
Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ty Geas to US Court of Appeals re: [232] Notice of Appeal - Final Judgment. (nd)
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| 230 |
Filed: 9/15/2011, Entered: 9/15/2011 |
Transcript Request |
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TRANSCRIPT REQUEST FORM B Filed by Arthur Nigro for proceedings held on 9/12/2011 before Judge Castel. (nd)
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Request |
|
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| 229 |
Filed: 9/15/2011, Entered: 9/15/2011, Terminated: 3/6/2014 |
Notice of Appeal -Final Judgment |
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NOTICE OF APPEAL by Arthur Nigro from [220] Judgment. Filing fee $ 455.00, receipt number 465401016513. (nd)
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Request |
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| |
Filed: None, Entered: None |
Appeal Record Sent to USCA - Electronic File |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Arthur Nigro re: [185] Probation Form, Set Hearings,, [68] Notice of Attorney Appearance - USA, [132] Memorandum in Opposition to Motion, [190] Notice of Attorney Appearance - USA, [166] Response to Motion, [183] Letter, [125] Reply Memorandum of Law in Support of Motion, [163] Memorandum of Law, [118] Endorsed Letter,,, [52] Letter,, [117] Response to Motion, [153] Endorsed Letter, Set Deadlines/Hearings,,,,,,,, [155] Letter,, [182] Order,,,, [111] Request to Charge, [146] MOTION for Protective Order Relating to Dissemination of Rule 3500 Materials., [160] Order, [109] Proposed Examination of Jurors, [115] Indictment, [23] Indictment, [62] Order to Unseal Indictment, [229] Notice of Appeal - Final Judgment, [63] Indictment, [221] Order for Forfeiture of Property,,,,,,, [165] Order, [187] Endorsed Letter, Set Deadlines/Hearings,,,, [25] Order to Continue - Speedy Trial, Set Hearings,, [57] Endorsed Letter, Set Deadlines/Hearings,,,, [120] Endorsed Letter, Set Deadlines/Hearings,,,,,, [33] Endorsed Letter,, [142] Memorandum in Opposition to Motion, [174] Notice of Change of Address, [212] Sentencing Memorandum, [34] Order,,,, [38] Notice of Attorney Appearance - Defendant, [6] Warrant Issued, [214] MOTION to Amend/Correct., [78] Order,, [105] Endorsed Letter,,,, [67] Notice of Attorney Appearance - USA, [39] Notice of Attorney Appearance - Defendant, [107] Letter, [141] Order, Set Hearings,,,,,,,, [170] Order, Set Deadlines/Hearings,,,,,, [220] Judgment,,, [104] Order, Set Hearings,, [149] Order, [69] Order, Add and Terminate Attorneys,, [48] Notice of Change of Address, [79] Endorsed Letter, Set Deadlines/Hearings,,,,,,,, [130] Letter, [61] Endorsed Letter,, [5] Order to Unseal Indictment, [171] Remark, [211] Sentencing Memorandum, [147] Order,,,, [127] Request to Charge, [230] Transcript Request, [4] Indictment (Sealed), Indictment (Sealed), [121] Order,, [110] MOTION in Limine., [148] Order,, [161] Order were transmitted to the U.S. Court of Appeals. (nd)
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Filed: None, Entered: None |
Transmission of Notice of Appeal and Docket Sheet to USCA |
|
Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Arthur Nigro to US Court of Appeals re: [229] Notice of Appeal - Final Judgment. (nd)
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| 228 |
Filed: 9/14/2011, Entered: 9/15/2011 |
Transcript Request |
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TRANSCRIPT REQUEST FORM B Filed by Fotios Geas for proceedings held on 9/12/2011 before Judge Castel. (nd)
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Request |
|
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| 227 |
Filed: 9/14/2011, Entered: 9/15/2011 |
Endorsed Letter |
|
ENDORSED LETTER as to Emilio Fusco addressed to Judge P. Kevin Castel from Richard B. Lind dated 9/14/11 re: Reschedule Briefing as to Emilio Fusco(Defendant's Replies due by 10/7/2011.)...ENDORSEMENT...Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/14/11)(jw)
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Request |
|
|
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| 226 |
Filed: 9/14/2011, Entered: 9/14/2011, Terminated: 3/6/2014 |
Notice of Appeal -Final Judgment |
|
NOTICE OF APPEAL by Fotios Geas from [222] Judgment. Copies of Notice of Appeal mailed to Attorney(s) of Record: A.U.S.A.. (nd)
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Request |
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| |
Filed: None, Entered: None |
Judgment Entered in Money Book |
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Judgment entered in money judgment book as #11,1742 as to Arthur Nigro in the amount of $ 500.00, re: [220] Judgment. (jnm)
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Filed: None, Entered: None |
Judgment Entered in Money Book |
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Judgment entered in money judgment book as #11,1741 as to Ty Geas in the amount of $ 500.00, re: [224] Judgment. (jnm)
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Filed: None, Entered: None |
Judgment Entered in Money Book |
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Judgment entered in money judgment book as #11,1740 as to Fotios Geas in the amount of $ 600.00, re: [222] Judgment. (jnm)
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Filed: None, Entered: None |
Appeal Record Sent to USCA - Electronic File |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Fotios Geas re: [222] Judgment,,, [149] Order, [168] Notice of Change of Address, [104] Order, Set Hearings,, [155] Letter,, [139] Response to Motion, [55] Endorsed Letter, [25] Order to Continue - Speedy Trial, Set Hearings,, [153] Endorsed Letter, Set Deadlines/Hearings,,,,,,,, [52] Letter,, [111] Request to Charge, [141] Order, Set Hearings,,,,,,,, [174] Notice of Change of Address, [110] MOTION in Limine., [24] Warrant Issued, [105] Endorsed Letter,,,, [89] Endorsed Letter, Set Deadlines/Hearings,,,,,, [106] Letter, [41] Endorsed Letter,, [179] Letter, [147] Order,,,, [23] Indictment, [67] Notice of Attorney Appearance - USA, [142] Memorandum in Opposition to Motion, [63] Indictment, [54] Endorsed Letter, Set Deadlines,, [109] Proposed Examination of Jurors, [107] Letter, [125] Reply Memorandum of Law in Support of Motion, [226] Notice of Appeal - Final Judgment, [57] Endorsed Letter, Set Deadlines/Hearings,,,, [185] Probation Form, Set Hearings,, [161] Order, [58] Notice of Attorney Appearance - Defendant, [42] Endorsed Letter,,, [163] Memorandum of Law, [173] Endorsed Letter,, [36] Endorsed Letter,,,, [172] Endorsed Letter,, [219] Sentencing Memorandum, [146] MOTION for Protective Order Relating to Dissemination of Rule 3500 Materials., [182] Order,,,, [187] Endorsed Letter, Set Deadlines/Hearings,,,, [68] Notice of Attorney Appearance - USA, [115] Indictment, [56] Notice of Attorney Appearance - Defendant, [34] Order,,,, [159] Order, [170] Order, Set Deadlines/Hearings,,,,,, [148] Order,, [171] Remark, [118] Endorsed Letter,,, [117] Response to Motion, [120] Endorsed Letter, Set Deadlines/Hearings,,,,,, [79] Endorsed Letter, Set Deadlines/Hearings,,,,,,,, [190] Notice of Attorney Appearance - USA, [212] Sentencing Memorandum, [223] Order for Forfeiture of Property,,,,,,, [61] Endorsed Letter,, [127] Request to Charge, [62] Order to Unseal Indictment, were transmitted to the U.S. Court of Appeals. (nd)
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Filed: None, Entered: None |
Transmission of Notice of Appeal and Docket Sheet to USCA |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Fotios Geas to US Court of Appeals re: [226] Notice of Appeal - Final Judgment. (nd)
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| 235 |
Filed: 9/13/2011, Entered: 9/22/2011 |
Judgment Returned Executed |
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Judgment Returned Executed for [88] Judgment, as to James Coumoutsos on 7/8/2011. Defendant committed to FCI Lor. (tro)
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Request |
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| 233 |
Filed: 9/13/2011, Entered: 9/16/2011 |
Transcript Request |
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TRANSCRIPT REQUEST FORM B Filed by Ty Geas for proceedings held on 08/26/2010; 1/25/2011; 02/16/2011; 2/17/2011; 2/22/2011; 9/12/2011 before Judge Castel. (nd)
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Request |
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| 232 |
Filed: 9/13/2011, Entered: 9/16/2011 |
Notice of Appeal -Final Judgment |
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NOTICE OF APPEAL by Ty Geas from [224] Judgment. Copies of Notice of Appeal mailed to Attorney(s) of Record: A.U.S.A.. (nd)
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Request |
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| 231 |
Filed: 9/13/2011, Entered: 9/15/2011 |
Transcript |
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TRANSCRIPT of Proceedings as to Emilio Fusco held on 7/26/2011 before Judge P. Kevin Castel. (ft)
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Request |
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| 225 |
Filed: 9/13/2011, Entered: 9/13/2011 |
Order for Forfeiture of Property |
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ORDER OF FORFEITURE as to Ty Geas. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. As a result of the offenses charged in the Indictment, to which the defendant was found guilty, a money judgment in the amount of $135,000.00 in United States currency shall be entered against the defendant.2. Pursuant to Rule 32.2(b) (4) of the Federal Rules of Criminal Procedure, this Order of Forfeiture is final as to the defendant, and shall be deemed part of the sentence of the defend and and shall be included in the judgment of conviction therewith. 3. Pursuant to Rule 32.2(b) (3) of the Federal Rules of Criminal Procedure, upon entry of this Order of Forfeiture the United States Attorney's Office is authorized to conduct any discovery needed to identify locate or dispose of forfeitable property, including depositions interrogatories, requests for production of documents and to the issuance of subpoenas, pursuant to Rule 45 of the Federal Rules of Civil Procedure.4. All payments on the outstanding money judgment shall be made by postal money order, bank or certified check made payable, in this instance, to the United States Treasury and delivered by mail to the United States Attorney's Office Southern District of New York, Attn: Asset Forfeiture Unit, One St. Andrew's Plaza, New York New York 10007, and shall indicate the defendants name and case number. 5. Upon execution of this Order of Forfeiture and pursuant to 21 U.S.C. § 853 the United States Marshals Service shall be authorized to deposit any payments made on the Money Judgment in the Assets Forfeiture Fund and the United States shall have clear title to such forfeited property. The Court shall retain jurisdiction to enforce this Order and to amend it as necessary, pursuant to Rule 32.2(e) of the Federal Rules of Criminal Procedure. (Signed by Judge P. Kevin Castel on 9/12/11)(jw)
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Request |
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| 224 |
Filed: 9/13/2011, Entered: 9/13/2011 |
Judgment* |
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FILED JUDGMENT IN A CRIMINAL CASE as to Ty Geas (10), Count(s) 1-2, 3-4, 3s, 5, 6-7, Underlying Indictments are dismissed on the motion of the US; Found guilty to Count(s) 1s, 2s, 4s-5s, 6s, Imprisonment for a total term of Life Imprisonment on Counts 1,2,4 & 5, and 20 years on count 6, all to run concurrently. Supervised release for a term of 5 years supervised release on counts 1,2,4 & 5 and 3 years supervised release on count 6, all to run concurrently. The court makes the following recommendations to the Bureau of Prisons: (1) to consider appropriateness of having both Ty Geas and Fotios Geas (brothers) incarcerated in the same facility, (2) that defendant receive the medical treatment needed before sending him to designated facility, and (3)that defendant be incarcerated at the Lewisburg Facility to facilitate family visits. Special Assessment of $500 which is due immediately. (Signed by Judge P. Kevin Castel on 9/13/11)(jw)
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Request |
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| 223 |
Filed: 9/13/2011, Entered: 9/13/2011 |
Order for Forfeiture of Property |
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ORDER OF FORFEITURE as to Fotios Geas. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. As a result of the offenses charged in the Indictment, to which the defendant was found guilty, a money judgment in the amount of $120,000.00 in United States currency shall be entered against the defendant.2. Pursuant to Rule 32.2(b) (4) of the Federal Rules of Criminal Procedure, this Order of Forfeiture is final as to the defendant, and shall be deemed part of the sentence of the defendant and shall be included in the judgment of conviction therewith. 3. Pursuant to Rule 32.2(b) (3) of the Federal Rules of Criminal Procedure, upon entry of this Order of Forfeiture the United States Attorney 1 s Office is authorized to conduct any discovery needed to identify/ locate or dispose of forfeitable property, including depositions, interrogatories/ requests for production of documents and to the issuance of subpoenas, pursuant to Rule 45 of the Federal Rules of Civil Procedure.4. All payments on the outstanding money judgment shall be made by postal money order, bank or certified check, made payable, in this instance, to the United States Treasury, and delivered by mail to the United States Attorney's Office,Southern District of New York, Attn: Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007, and shall indicate the defendants name and case number. 5. Upon execution of this Order of Forfeiture, and pursuant to 21 U.S.C. § 853, the United States Marshals Service shall be authorized to deposit any payments made on the Money Judgment in the Assets Forfeiture Fund, and the United States shall have clear title to such forfeited property. 6. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Rule 32.2(e) of the Federal Rules of Criminal Procedure. (Signed by Judge P. Kevin Castel on 9/12/11)(jw)
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Request |
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| 222 |
Filed: 9/13/2011, Entered: 9/13/2011 |
Judgment* |
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FILED JUDGMENT IN A CRIMINAL CASE as to Fotios Geas (7), Count(s) 1, 13, 13s, 1s-2s, 2, 3, 3s-4s, 3ss, 4, 5, 5s, 6, 6s-7s, Underlying Indictments counts are dismissed on the motion of the US; Found guilty to Count(s) 1ss, 2ss, 4ss-5ss, 6ss, 7ss, Imprisonment for a total term of Life Imprisonment on Counts 1,2,4 & 5, and 20 years on Count 6 and 7, all to run concurrently. Supervised release for a term of 5 Years on counts 1,2,4 & 5 and 3 years supervised release on count 6 and 7. The court makes the following recommendations to the Bureau of Prisons: (1) to evaluate suitability of having both Fotios Geas and Ty Geas (brothers) incarcerated in the same facility, and (2) defendant be incarcerated at the Lewisburg Facility to facilitate family visits. Special Assessment of $600 which is due immediately. (Signed by Judge P. Kevin Castel on 9/13/11)(jw)
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Request |
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| 221 |
Filed: 9/13/2011, Entered: 9/13/2011 |
Order for Forfeiture of Property |
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ORDER OF FORFEITURE as to Arthur Nigro. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. As a result of the offenses charged in the Indictment, to which the defendant was found guilty, a money judgment in the amount of $234,000.00 in United States currency shall be entered against the defendant.2. Pursuant to Rule 32.2(b) (4) of the Federal Rules of Criminal Procedure, this Order of Forfeiture is final as to the defendant, and shall be deemed part of the sentence of the defendant and shall be included in the judgment of conviction therewith. 3. Pursuant to Rule 32.2(b) (3) of the Federal Rules of Criminal Procedure, upon entry of this Order of Forfeiture the United States Attorney's Office is authorized to conduct any discovery needed to identify, locate or dispose of forfeitable property, including depositions, interrogatories, requests for production of documents and to the issuance of subpoenas, pursuant to Rule 45 of the Federal Rules of Civil Procedure.4. All payments on the outstanding money judgment shall be made by postal money order, bank or certified check, made payable, in this instance, to the United States Treasury, and delivered by mail to the United States Attorney's Office, Southern District of New York, Attn: Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007, and shall indicate the defendants name and case number. 5. Upon execution of this Order of Forfeiture, and pursuant to 21 U.S.C. § 853, the United States Marshals Service shall be authorized to deposit any payments made on the Money Judgment in the Assets Forfeiture Fund, and the United States shall have clear title to such forfeited property. 6.The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Rule 32.2(e) of the Federal Rules of Criminal Procedure. (Signed by Judge P. Kevin Castel on 9/12/11)(jw)
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Request |
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| 220 |
Filed: 9/13/2011, Entered: 9/13/2011 |
Judgment* |
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FILED JUDGMENT IN A CRIMINAL CASE as to Arthur Nigro (1), Count(s) 1, 10, 10s, 10ss-11ss, 11, 11s, 12ss, 13, 13s, 13ss, 1s, 1ss-2ss, 2, 2s, 3, 3s, 3ss, 3sss, 4, 4s, 5, 5s, 5ss, 6, 6s, 6ss-7ss, 7, 7s, 8, 8s, 8ss-9ss, 9, 9s, Underlying Indictments are dismissed on the motion of the US; Found guilty to Count(s) 1sss, 2sss, 4sss, 6sss, 7sss, Imprisonment for a total term of Life Imprisonments on Counts 1,2 and 4, and 240 months on counts 6 and 7, all to run concurrently. Supervised release for a term of 3 years supervised release on each of counts 1,2,4,6,7, to run concurrently. The court makes the following recommendations to the Bureau of Prisons: Defendant be incarcerated as close as possible to New York City to facilitate family visits. Special Assessment of $500 which is due immediately. (Signed by Judge P. Kevin Castel on 9/13/11)(jw)
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Request |
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Filed: None, Entered: None |
Remark |
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Forwarded Three certified copies of [225] ORDER OF FORFEITURE, to AUSA Sharon Cohen Levin by inter-office. as to Ty Geas. (eef)
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Filed: None, Entered: None |
Remark |
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Forwarded Three certified copies of [223] ORDER OF FORFEITURE, to AUSA Sharon Cohen Levin by inter-office. as to Fotios Geas. (eef)
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Filed: None, Entered: None |
Remark |
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Forwarded Three certified copies of [221] ORDER OF FORFEITURE, to AUSA Sharon Cohen Levin by inter-office. as to Arthur Nigro. (eef)
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Filed: None, Entered: None |
Oral Order |
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ORAL ORDER as to (S4-09-Cr-1239-09) Emilio Fusco. Brief (by Attorney William Aronwald) due by 9/23/2011; Responses (by Attorney Richard Lind) to Brief due by 9/30/2011; Reply (by Attorney William Aronwald) to Response to Brief due by 10/6/2011. Evidentiary Hearing set for 10/12/2011 at 04:00 PM before Judge P. Kevin Castel. Status Conference set for 12/12/2011 at 11:00 AM before Judge P. Kevin Castel. (bw)
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Filed: None, Entered: None |
Add and Terminate Attorneys |
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Attorney update in case as to (S4-09-Cr-1239-09) Emilio Fusco. Attorney William I. Aronwald terminated. (bw)
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Filed: None, Entered: None |
Status Conference |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference as to (S4-09-Cr-1239-09) Emilio Fusco held on 9/13/2011. Substitution of Counsel. Defendant is present with attorney William Aronwald. Also present is Richard Lind. AUSA Daniel Goldman and Nick McQuaid, present. FBI Joy Adam present. Court Reporter: Denise Richards. Interpreter: Joanna Dezio. William Aronwald is relieved as counsel for Mr. Fusco. Richard Lind is substituted as counsel. Aronwald letter brief due September 23, Lind response due September 30, Aronwald reply due October 6. Evidentiary Hearing scheduled for October 12, 2011 at 4:00 p.m. Next status conference is scheduled for December 12, 2011 at 11:00 a.m. Defendant is remanded into custody. (bw)
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Filed: None, Entered: None |
Dismissal of Counts on Government Motion |
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DISMISSAL OF COUNTS on Government Motion as to Ty Geas (10) Count 1-2,3-4,3s,5,6-7. (jw)
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Filed: None, Entered: None |
Dismissal of Counts on Government Motion |
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DISMISSAL OF COUNTS on Government Motion as to Fotios Geas (7) Count 1,1s-2s,2,3,3s-4s,3ss,4,5,5s,6,6s-7s,13,13s. (jw)
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Filed: None, Entered: None |
Dismissal of Counts on Government Motion |
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DISMISSAL OF COUNTS on Government Motion as to Arthur Nigro (1) Count 1,1s,1ss-2ss,2,2s,3,3s,3ss,3sss,4,4s,5,5s,5ss,6,6s,6ss-7ss,7,7s,8,8s,8ss-9ss,9,9s,10,10s,10ss-11ss,11,11s,12ss,13,13s,13ss. (jw)
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Filed: None, Entered: None |
Sentencing |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 9/12/2011 for (S5-09-Cr-1239-) Ty Geas (10) Count 1s,2s,4s-5s,6s. Defendant, Ty Geas, is present with attorneys Bobbi Sternheim, Lee Ginsberg and Zoe Dolan. AUSAs Elie Honig and Daniel Goldman present. Joy Adam - FBI. Court reporter: Guido Tascione. Defendant Ty Geas is sentenced to Life imprisonment on Counts 1, 2, 4 & 5, and 20 years on Count 6, all to run concurrently, 5 years supervised release on Counts 1, 2, 4 & 5 and 3 years supervised release on Count 6, all to run concurrently, forfeiture ordered in the amount of $135,000, the fine is waived and a special assessment of $500. Defendant is remanded into custody.(jw); Modified on 9/14/2011 (bw).
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Filed: None, Entered: None |
Sentencing |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 9/12/2011 for (S5-09-Cr-1239-) Fotios Geas (7) Count 1ss,2ss,4ss-5ss,6ss,7ss. Defendant, Fotios Geas, is present with attorneys Frederick Cohn and Harvey Fishbein. AUSAs Elie Honig and Daniel Goldman present. Joy Adam - FBI. Court reporter: Guido Tascione. Defendant Fotios Geas is sentenced to Life imprisonment on Counts 1, 2, 4 & 5, and 20 years on Counts 6 and 7, all to run concurrently, 5 years supervised release on Counts 1, 2, 4 & 5 and 3 years supervised release on Count 6 and 7, all to run concurrently, forfeiture ordered in the amount of $120,000, the fine is waived and a special assessment of $600. Defendant is remanded into custody. (jw); Modified on 9/14/2011 (bw).
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Filed: None, Entered: None |
Sentencing |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 9/12/2011 for (S5-09-Cr-1239-) Arthur Nigro (1) Count 1sss,2sss,4sss,6sss,7sss. Defendant, Arthur Nigro, is present with attorneys Lawrence Hochheiser and Stacey Richman. AUSAs Elie Honig and Daniel Goldman present. Joy Adam - FBI. Court reporter: Guido Tascione. Defendant Arthur Nigro is sentenced to Life imprisonment on Counts 1, 2 and 4, and 240 months on Counts 6 and 7, all to run concurrently, 3 years supervised release on each of Counts 1,2,4,6,7, to run concurrently, forfeiture ordered in the amount of $234,000, the fine is waived and a special assessment of $500. Defendant is remanded into custody. (jw); Modified on 9/14/2011 (bw).
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| 219 |
Filed: 9/9/2011, Entered: 9/9/2011 |
Sentencing Memorandum |
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SENTENCING MEMORANDUM by Fotios Geas. (Attachments: # (1) Exhibit)(Cohn, Frederick)
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| 218 |
Filed: 9/8/2011, Entered: 9/9/2011 |
Sealed Document + |
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SEALED DOCUMENT placed in vault. (nm)
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| 217 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Notice of Change of Address |
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NOTICE of Change of Address as to Ty Geas. New Address: Law Offices of Bobbi C. Sternheim, 33 West 19th Street, 4th Floor, New York, NY, United States 10011, (212) 243-1100. (Sternheim, Bobbi)
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Request |
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| 216 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Sentencing Memorandum |
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SENTENCING MEMORANDUM by Ty Geas. (Sternheim, Bobbi)
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Request |
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| 215 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge P. Kevin Castel from Ricahrd B. Lind dated 9/7/2011 re: Counsel writes to request a two-week extension of time to 9/23/2011 to file any reply to motions made by the defendant. ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on 9/7/2011) (ab)
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Request |
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| 214 |
Filed: 9/7/2011, Entered: 9/7/2011, Terminated: 9/13/2011 |
Motion to Amend/Correct |
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MOTION to Amend/Correct. Document filed by Arthur Nigro. (Hochheiser, Lawrence)
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| 213 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Notice of Attorney Appearance - Defendant |
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NOTICE OF ATTORNEY APPEARANCE: Richard Bruce Lind appearing for Emilio Fusco. (Lind, Richard)
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Request |
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| 212 |
Filed: 9/7/2011, Entered: 9/7/2011 |
Sentencing Memorandum |
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SENTENCING MEMORANDUM by USA as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas, John Bologna. (Honig, Elie)
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| 211 |
Filed: 9/2/2011, Entered: 9/2/2011 |
Sentencing Memorandum |
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SENTENCING MEMORANDUM by Arthur Nigro. (Attachments: # (1) Exhibit)(Richman, Murray)
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Request |
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| 210 |
Filed: 8/25/2011, Entered: 8/25/2011 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge P. Kevin Castel from William Aronwald dated 8/23/2011 re: Defense counsel writes requesting that the Reply Affirmations filed yesterday be withdrawn and that the time to file a reply to the government's opposition to Mr. Fusco's motion to exclude evidence regarding the Bruno and Westennan homicides, based upon the Rule of Specialty, be extended from September 2, 2011 to September 13, 2011. ENDORSEMENT: In view of the September 13th. conference, defendant may have until September 4th. to supplement his reply. SO ORDERED. (Signed by Judge Loretta A. Preska for Judge P. Kevin Castel on 8/25/2011)(dnd)
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Request |
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 8/22/11. (mn)
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Filed: None, Entered: None |
Notice to Attorney to Re-File Document - Deficient Docket Entry Error |
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney William I. Aronwald as to Emilio Fusco: to RE-FILE Document [209] Reply Affirmation in Support of Motion. ERROR(S): Link to incorrect document. Should link to RE-FILE document #208. (ka)
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Filed: None, Entered: None |
Notice to Attorney to Re-File Document - Event Type Error |
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NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney William I. Aronwald as to Emilio Fusco: to RE-FILE Document [208] Reply Affirmation in Support of Motion. Use the document type Motion Preclude found under the document list Motions. (ka)
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| 209 |
Filed: 8/22/2011, Entered: 8/22/2011 |
Reply Affirmation in Support of Motion |
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FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY AFFIRMATION of william I aronwald in Support as to Emilio Fusco re: [202] MOTION to Exclude evidence.. (Attachments: # (1) Exhibit Scanned Extradtion Package)(Aronwald, William) Modified on 8/23/2011 (ka).
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Request |
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| 208 |
Filed: 8/22/2011, Entered: 8/22/2011 |
Reply Affirmation in Support of Motion |
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FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - REPLY AFFIRMATION of William I. Aronwald in Support as to Emilio Fusco re: [202] MOTION to Exclude evidence. (Attachments: # (1) Exhibit Extradition package)(Aronwald, William) Modified on 8/23/2011 (ka).
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Request |
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| 207 |
Filed: 8/17/2011, Entered: 8/17/2011 |
Response in Opposition to Motion |
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RESPONSE in Opposition by USA as to Emilio Fusco re [202] MOTION to Exclude evidence.. (Goldman, Daniel)
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| 206 |
Filed: 8/15/2011, Entered: 8/17/2011 |
Transcript |
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TRANSCRIPT of Proceedings as to Emilio Fusco held on July 26, 2011 @ 10:45 am before Judge P. Kevin Castel. (jab)
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Request |
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| 205 |
Filed: 7/26/2011, Entered: 7/26/2011 |
Order of Detention |
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ORDER OF DETENTION PENDING TRIAL as to (09-Cr-1239-09) Emilio Fusco. (Signed by Judge P. Kevin Castel on 7/26/2011)(bw)
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Request |
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Filed: None, Entered: None |
Bond Hearing |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Bond Hearing as to (S4-09-Cr-1239-09) Emilio Fusco held on 7/26/2011. Bail Hearing. Defendant is present with attorney William Aronwald. AUSA Nick McQuaid, present. FBI Joy Adam present. Court Reporter: Eve Giniger. Interpreter: Luciana Ames. Defendant is remanded into custody. Ruling: Bail application is denied. (bw)
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| 204 |
Filed: 7/25/2011, Entered: 7/25/2011 |
Memorandum in Support of Motion |
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MEMORANDUM in Support by Emilio Fusco re [202] MOTION to Exclude evidence.. (Aronwald, William)
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Request |
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| 203 |
Filed: 7/25/2011, Entered: 7/25/2011 |
Affirmation in Support of Motion |
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AFFIRMATION of William I. Aronwald in Support as to Emilio Fusco re [202] MOTION to Exclude evidence.. (Attachments: # (1) Exhibit Italian Court Order, # (2) Exhibit Italian Court Order, # (3) Exhibit Minister of Justice Order)(Aronwald, William)
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Request |
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| 202 |
Filed: 7/25/2011, Entered: 7/25/2011, Terminated: 10/27/2011 |
Motion to Exclude |
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MOTION to Exclude evidence. Document filed by Emilio Fusco. Return Date set for 9/13/2011 at 10:30 AM. (Aronwald, William)
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Request |
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| 201 |
Filed: 7/25/2011, Entered: 7/25/2011 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support as to Emilio Fusco re: [193] MOTION for Release from Custody.. (Attachments: # (1) Exhibit Government letter)(Aronwald, William)
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Request |
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Filed: None, Entered: None |
Notice to Attorney to Re-File Document - Event Type Error |
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NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney William I. Aronwald as to Emilio Fusco: to RE-FILE Document [200] Reply to Response to Motion. Use the document type Reply Memorandum of Law in Support of Motion found under the document list Replies, Opposition and Supporting Documents. (ka)
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| 200 |
Filed: 7/21/2011, Entered: 7/21/2011 |
Reply to Response to Motion |
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FILING ERROR - WRONG DOCUMENT TYPE SELECTEF FROM MENU - REPLY TO RESPONSE to Motion by Emilio Fusco re [193] MOTION for Release from Custody.. (Attachments: # (1) Exhibit Target Letter)(Aronwald, William) Modified on 7/22/2011 (ka).
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Request |
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| 199 |
Filed: 7/21/2011, Entered: 7/21/2011 |
Bond |
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Appearance Bond Entered as to Steve Alfisi in amount of $ 500,000. $500,000.00 PRB to be cosigned by 3 FRP'S. Secured by property: 717 Vincent Ave. Bronx, NY the property shall be posted to support the PRB by C.O.B. 3/3/10. Travel restricted to SDNY/EDNY. Surrender travel documents & no new applications. Regular pretrial supervision. Defendant shall be released on 2/17/10. (lmb)
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Request |
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from George Coumoutsos in the amount of $100.00. Date Received: 7/21/11. (mn)
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| 197 |
Filed: 7/20/2011, Entered: 7/20/2011 |
Bond |
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Appearance Bond Entered as to (S1-09-Cr-1239-04) Marcos Caio in amount of $75,000.00. $75,000 PRB to be co-signed by 2 financially responsible person's who must execute the PRB by C.O.B. 3/3/2010; travel limited to SDNY/EDNY; regular pretrial supervision; Defendant shall be released on 2/17/2010. [This bond is signed on February 17, 2010.] (bw)
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Request |
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| 198 |
Filed: 7/19/2011, Entered: 7/20/2011 |
Agreement to Forfeit Property |
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AGREEMENT TO FORFEIT PROPERTY TO OBTAIN A DEFENDANT'S RELEASE by Steve Alfisi. Received agreement to forfeit property on 7/19/11. Original signature date is 2/17/10. (jw)
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Request |
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| 196 |
Filed: 7/19/2011, Entered: 7/19/2011 |
Memorandum in Opposition to Motion |
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MEMORANDUM in Opposition by USA as to Emilio Fusco re [192] MOTION for Release from Custody., [193] MOTION for Release from Custody.. (Attachments: # (1) Exhibit A)(McQuaid, Nicholas)
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| 195 |
Filed: 7/8/2011, Entered: 7/8/2011 |
Memorandum in Support of Motion |
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MEMORANDUM in Support by Emilio Fusco re [192] MOTION for Release from Custody.. (Aronwald, William)
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Request |
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| 194 |
Filed: 7/8/2011, Entered: 7/8/2011 |
Affidavit in Support of Motion |
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AFFIDAVIT of William I. Aronwald in Support as to Emilio Fusco re [192] MOTION for Release from Custody.. (Aronwald, William)
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Request |
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| 193 |
Filed: 7/8/2011, Entered: 7/8/2011, Terminated: 7/26/2011 |
Motion for Release from Custody |
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MOTION for Release from Custody. Document filed by Emilio Fusco. Return Date set for 7/26/2011 at 10:30 AM. (Aronwald, William)
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Request |
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| 192 |
Filed: 7/8/2011, Entered: 7/8/2011, Terminated: 7/26/2011 |
Motion for Release from Custody |
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MOTION for Release from Custody. Document filed by Emilio Fusco. Return Date set for 7/26/2011 at 10:30 AM. (Aronwald, William)
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Request |
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| 191 |
Filed: 6/28/2011, Entered: 6/29/2011 |
Transcript |
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TRANSCRIPT of Proceedings as to Emilio Fusco held on June 17, 2011 12:30 p.m. before Judge P. Kevin Castel. (ajc)
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Request |
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| 190 |
Filed: 6/28/2011, Entered: 6/28/2011 |
Notice of Attorney Appearance - USA |
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NOTICE OF ATTORNEY APPEARANCE Nicholas Lloyd McQuaid appearing for USA. (McQuaid, Nicholas)
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Request |
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| 189 |
Filed: 6/24/2011, Entered: 6/24/2011 |
Order |
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ORDER as to Emilio Fusco ( Jury Trial set for 4/16/2012 at 10:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.), ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Emilio Fusco. Time excluded from 3/5/12 until 4/16/12. Accordingly, the time between today and April 16, 2012 is excluded. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/24/11)(jw)
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Request |
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| 188 |
Filed: 6/21/2011, Entered: 6/21/2011 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco addressed to Judge P. Kevin Castel from William I. Aronwald dated 6/20/2011. During the June 17 preliminary conference, Your Honor set a March 5, 2012 trial date. The purpose of this letter is to advise the Court that when I appeared this morning before the Honorable Judge Colleen McMahon, in the matter of United States v. Sandy Annabi, Dkt. No. 10 Cr. 007, she scheduled the trial in that case to begin on February 14, 2012. In that matter, the government advised that they expect the prosecution's case to take four weeks. I did advise Judge McMahon that you have scheduled the Fusco trial. for March 5th and that, unlike Ms. Annabi, this is presently a jail case. Judge McMahon said she will speak to you about the scheduling issues. However, I feel compelled to advise you at the earliest possible opportunity of this scheduling conflict. ENDORSEMENT: Mr. Aronwald and the government should advise as to their position on the Speedy Trial Act in the event the trial were adjourned to April 2, 2012. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/20/2011)(dnd)
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Request |
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| 187 |
Filed: 6/17/2011, Entered: 6/17/2011 |
Endorsed Letter |
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ENDORSED LETTER as to Arthur Nigro, Fotios Geas, Ty Geas, addressed to Judge Castel, from Elie Honig/Daniel S. Goldman, AUSAs, dated 6/15/2011, re: requests that the sentencings of all three defendants be held on the same date and time, September 12, 2011 at 11 a.m. -- Judge endorsed: Arthur Nigro, Fotios Geas, and Ty Geas will be sentenced on September 12, 2011 at 11 a.m. SO ORDERED. ( Sentencing set for 9/12/2011 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 6/17/2011)(ja)
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Request |
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Filed: None, Entered: None |
Arraignment |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Arraignment as to Emilio Fusco (9) Count 1-2,6-7,13. Defendant is present with attorney. AUSA Elie Honig, present. FBI Joy Adam present. Court Reporter: Rebecca Forman. Interpreter: Luciana Ames. Defendant waives the public reading. Defendant pleads not guilty to Counts 1-2,6-7,13 to the Indictment. Schedule on motion re extradition: defendant motion due July 22, 2011, government response due August 19, 2011 and defendant reply due September 2, 2011. Detention Hearing is scheduled for July 26, 2011 at 10:30 a.m. Status conference is scheduled for September 13, 2011 at 12:00 p.m. Government to provide 404b evidence on January 20, 2012. Trial is scheduled for March 5, 2012 at 10:00 a.m. Defendant is remanded into custody. (dnd)
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Filed: None, Entered: None |
Pretrial Conference |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Pretrial Conference as to Emilio Fusco held on 6/17/2011. Defendant is present with attorney. AUSA Elie Honig, present. FBI Joy Adam present. Court Reporter: Rebecca Forman. Interpreter: Luciana Ames. Defendant waives the public reading. Defendant pleads not guilty to the Indictment. Schedule on motion re extradition: defendant motion due July 22, 2011, govt response due August 19, 2011 and dft reply due September 2, 2011. Detention Hearing is scheduled for July 26, 2011 at 10:30 a.m. Status conference is scheduled for September 13, 2011 at 12:00 p.m. Govt to provide 404b evidence on January 20, 2012. Trial is scheduled for March 5, 2012 at 10:00 a.m. Defendant is remanded into custody. ( Motions due by 7/22/2011. Replies due by 9/2/2011. Responses due by 8/19/2011. Detention Hearing set for 7/26/2011 at 10:30 AM before Judge P. Kevin Castel. Jury Trial set for 3/12/2012 at 10:00 AM before Judge P. Kevin Castel. Status Conference set for 9/13/2011 at 12:00 PM before Judge P. Kevin Castel.) (ja)
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| 186 |
Filed: 6/14/2011, Entered: 6/14/2011 |
Endorsed Letter |
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ENDORSED LETTER as to (09-Cr-1239-10) Ty Geas addressed to Judge P. Kevin Castel from Attorney Bobbi C. Sternheim dated June 14, 2011 re: submitted to request a brief adjournment of the sentencing proceeding. ENDORSEMENT: Sentencing of Ty Geas adjourned from September 6 to September 12, 2011 at 11:00 a.m. So Ordered. (Signed by Judge P. Kevin Castel on 6/14/2011)(bw)
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Request |
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| 185 |
Filed: 6/13/2011, Entered: 6/13/2011 |
Probation Form |
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PROBATION FORM PETITION as to Arthur Nigro, Fotios Geas and Ty Geas. Petitioning the Court: Request for adjournment. The Court Orders: An adjournment is granted. Sentencing set for 9/6/2011 at 11:00 AM in Courtroom 12C. (Signed by Judge P. Kevin Castel on 6/13/2011) (ab)
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Request |
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| 184 |
Filed: 6/6/2011, Entered: 6/6/2011 |
Letter |
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Letter by (S5-09-Cr-1239-10) Ty Geas addressed to Judge P. Kevin Castel from Attorney Bobbi C. Sternheim dated May 16, 2011 re: In lieu of additional filings pursuant to Rule 29, defendant Ty Geas reiterates and rests on all motions, objections and arguments previously made on his behalf and joins in all applicable motions, objections and arguments made on behalf of his co-defendants. (bw)
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Request |
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| 183 |
Filed: 6/6/2011, Entered: 6/6/2011 |
Letter |
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Letter by (S5-09-Cr-1239-01) Arthur Nigro addressed to Judge P. Kevin Castel from Attorney Lawrence Hochheiser dated May 16, 2011 re: As attorney for Arthur Nigro, I write to inform You Honor that Arthur Nigro chooses not to file post-verdict motions (including Rule 29 motion) due May 16, 2011; and that Arthur Nigro rests on previously taken defense motions, arguments, objections, applications and positions. (bw)
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Request |
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| 182 |
Filed: 6/6/2011, Entered: 6/6/2011 |
Order |
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MEMORANDUM AND ORDER as to (S5-09-Cr-1239-) Arthur Nigro (1), Fotios Geas (7), Ty Geas (10). Following an approximately three week trial, defendants Arthur Nigro, Fotios Geas and Ty Geas were each convicted of various counts under superseding indictment S5 09 Cr. 1239 (the "Indictment"). At the close of the Government's case-in-chief, each defendant moved for a judgment of acquittal under Rule 29, Fed. R. Crim. P., and I reserved decision on the motions. Each defendant has now indicated that he will rest on his prior motions, objections and arguments in lieu of submitting further briefing or argument. Each defendant based his Rule 29 motion on the claim that the evidence was insufficient to establish his guilt on the charged counts....[See Order]... Having presided over the trial, being thoroughly familiar with the record and upon review and consideration of the evidence, I conclude that the Government's proof was sufficient to sustain all of the convictions and there is no basis for relief. The motions of defendants Arthur Nigro, Fotios Geas and Ty Geas for a judgment of acquittal under Rule 29 are DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/6/2011)(bw)
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Request |
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Filed: None, Entered: None |
Notice to Attorney to Re-File Document - Event Type Error |
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NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Mark D. Lanpher as to Arthur Nigro, Fotios Geas, Ty Geas: to RE-FILE Document [181] Response in Opposition to Motion. Use the document type Reply Memorandum of Law in Support of Motion found under the document list Replies, Opposition and Supporting Documents. (ka)
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| 181 |
Filed: 5/23/2011, Entered: 5/23/2011 |
Response in Opposition to Motion |
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FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - RESPONSE in Opposition by USA as to Arthur Nigro, Fotios Geas, Ty Geas re [180] MOTION for Directed Verdict. (Lanpher, Mark) Modified on 5/24/2011 (ka).
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Request |
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Filed: None, Entered: None |
Note to Attorney Regarding the Filing of Letters - Error |
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. [180] as to Defendant(s) Fotios Geas: HAS BEEN REJECTED. Note to Attorney Bobbi C. Sternheim : Other than letters filed under a cover marked Sentencing Memorandum, THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka)
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| 180 |
Filed: 5/18/2011, Entered: 5/18/2011, Terminated: 5/18/2011 |
Motion for Directed Verdict |
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT(LETTER) - MOTION for Directed Verdict. Document filed by Fotios Geas as to Ty Geas. (Sternheim, Bobbi) Modified on 5/19/2011 (ka).
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Request |
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Filed: None, Entered: None |
Arraignment |
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Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman:Arraignment as to Emilio Fusco (9) Counts 1-2,6-7,13. Defendant present with attorney William Aronwald. AUSA Mark Lanpher present for the Government. Arraignment held and defendant enters a plea of not guilty to Counts 1-2,6-7,13 of the (S4) Indictment. (dnd)
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Filed: None, Entered: None |
Initial Appearance |
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Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman:Initial Appearance as to Emilio Fusco held on 5/16/2011. Defendant arrested on 5/13/2011 and presented to this court on 5/16/2011 at 11:10 a.m. for a Rule 9 proceeding. Defendant present with attorney William Aronwald. AUSA Mark Lanpher present for the Government. Pretrial report waived. Time between 5/16/2011 and 6/17/2011 is excluded without objection to permit counsel to review discovery. Defendant detained on consent without prejudice. (dnd)
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| 179 |
Filed: 5/13/2011, Entered: 5/13/2011 |
Letter |
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Letter by Fotios Geas addressed to Judge P. Kevin Castel from Frederick H. Cohn dated 5/13/2011 re: Counsel writes on behalf of the defendant, please be advised that regarding additional motions due by 5/16/2011, defendant rests on all previous motions, objections, and arguments contained in the record. (ab)
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Request |
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| 178 |
Filed: 5/4/2011, Entered: 5/6/2011 |
Letter |
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Letter by Ty Geas addressed to Judge Castel, from Ty Geas, dated 4/25/2011, re: request to place this letter concerning and pursuant to FRCP to insure this preserve "ISSUES" for appeal if Rule 29 "is not" granted..., which would conflict with 5 USC Sec. 5529a(g)(1)(c), (g)(4) Lundano v. U.S. DOT, 124 Led (1994)..... See additional attached Letter. (ja)
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Request |
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| 177 |
Filed: 4/12/2011, Entered: 4/13/2011 |
Transcript |
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TRANSCRIPT of Proceedings as to Arthur Nigro held on March 298, 29, 30, 31, 2011 and April 1, 2011 before Judge P. Kevin Castel. (ama)
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Request |
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| 176 |
Filed: 4/12/2011, Entered: 4/13/2011 |
Transcript |
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TRANSCRIPT of Proceedings as to Arthur Nigro held on March 14, 15,16,17, 2011 before Judge P. Kevin Castel. (ama)
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Request |
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| 175 |
Filed: 4/12/2011, Entered: 4/13/2011 |
Transcript |
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TRANSCRIPT of Proceedings as to Arthur Nigro held on March 21,22,23,24, 2011 before Judge P. Kevin Castel. (ama)
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Request |
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| 174 |
Filed: 4/8/2011, Entered: 4/8/2011 |
Notice of Change of Address |
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NOTICE of Change of Address as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas, John Bologna. New Address: Harvey Fishbein, Esq., 111 Broadway, Suite 701, New York, New York, United States 10006, 2122339555. (Fishbein, Harvey)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 171 |
Filed: 4/6/2011, Entered: 4/6/2011 |
Remark |
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Court Exhibit 16 - Verdict Sheet as to Arthur Nigro, Fotios Geas, Ty Geas. (jw)
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Request |
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| 170 |
Filed: 4/5/2011, Entered: 4/6/2011 |
Order |
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ORDER as to Arthur Nigro, Fotios Geas, Ty Geas as to Arthur Nigro, Fotios Geas, Ty Geas( Motions due by 5/16/2011., Defendants Replies due by 6/29/2011., Government Responses due by 6/15/2011, Sentencing set for 7/15/2011 at 11:15 AM before Judge P. Kevin Castel.)IT IS HEREBY ORDERED that: (1) Any post-trial motions filed by the defendants pursuant to Rule 33 of the Federal Rules of Criminal Procedure shall filed no later than Monday, May 16, 2011; (2) Any response filed by the Government to the defendants' post-trial motions shall be filed no later than Wednesday, June 15, 2011; and (3) Any reply by the defendants shall be filed no later than Wednesday, June 29, 2011. IT IS FURTHER HEREBY ORDERED that the defendants shall be sentenced on July 15, 2011 at 11:15am. SO ORDERED.. (Signed by Judge P. Kevin Castel on 4/4/11)(jw)
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Request |
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| 173 |
Filed: 4/1/2011, Entered: 4/7/2011 |
Endorsed Letter |
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ENDORSED LETTER as to Fotios Geas, addressed to Superintendent Roden, MCI Norfolk, from Frederick H. Cohn, atty for dft, dated 2/28/2011, re: Frederick Weichel, Reg. # W38409, to be released into the custody of the US Marshals Service,... there to be available for trial in connection with charges pending against dft Fotios Geas in U.S. v. Nigro et al 09 Cr. 1239 (PKC).... -- Judge endorsed: The writ has been satisfied and Frederick Weichel should be returned to MCI Norfolk. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/1/2011)(ja)
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Request |
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| 172 |
Filed: 4/1/2011, Entered: 4/7/2011 |
Endorsed Letter |
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ENDORSED LETTER as to Fotios Geas, addressed to Superintendent Anderson, MCI Shirley, from Frederick H. Cohn, atty for dft, dated 2/28/2011, re: Brandon Croteau, Reg. # W86915, to be released into the custody of the US Marshals Service,... there to be available for trial in connection with charges pending against dft Fotios Geas in U.S. v. Nigro et al 09 Cr. 1239 (PKC).... -- Judge endorsed: The writ has been satisfied and Brandon Croteau should be returned to MCI Shirley. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/1/2011)(ja) Modified on 4/7/2011 (ja).
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Request |
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Filed: None, Entered: None |
Oral Order |
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ORAL ORDER as to (S5-09-Cr-1239-) Arthur Nigro (1), Fotios Geas (7), Ty Geas (10). Sentencing set for 6/23/2011 at 10:00 AM before Judge P. Kevin Castel. (bw)
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Filed: None, Entered: None |
Jury Verdict |
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JURY VERDICT as to (S5-09-Cr-1239-) Ty Geas (10) Guilty on Count 1s,2s,4s-5s,6s; and Ty Geas (10) Not Guilty on Count 3s. (bw)
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Filed: None, Entered: None |
Jury Verdict |
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JURY VERDICT as to Fotios Geas (7) Guilty on Count 1ss,2ss,4ss-5ss,6ss,7ss; and Fotios Geas (7) Not Guilty on Count 3ss. (bw)
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Filed: None, Entered: None |
Jury Verdict |
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JURY VERDICT as to (S5-09-Cr-1239-) Arthur Nigro (1) Guilty on Count 1sss,2sss,4sss,6sss,7sss; and Arthur Nigro (1) Not Guilty on Count 3sss. (bw)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to (S5-09-Cr-1239-) Arthur Nigro (1), Fotios Geas (7), Ty Geas (10) held on 4/1/2011. DAY 13: Date: April 1, 2011, Begins: 10:00 am, Duration: 4 hrs 0 mins. Jury continue deliberations. 1:40pm- Jury verdict read. Defendant Arthur Nigro found guilty on Counts 1, 2, 4, 6 and 7. Defendant Fotios Geas found guilty on Counts 1, 2, 4, 5, 6 and 7. Defendant Ty Geas found guilty on Counts 1, 2, 4, 5 and 6. All defendants found not guilty on Count 3. Jury panel is polled, verdict is unanimous. Court Exhibit 16, (Jury Special Verdict Form) received. Court sets a sentencing date for June 23, 2011, at 10am. Extension to file post verdict motions is granted. Defendants remanded. Trial concluded April 1, 2011. Total trial days: 13. (bw)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Arthur Nigro (1), Fotios Geas (7), Ty Geas (10) held on 3/31/2011. DAY 12: Date: March 31, 2011, Begins: 10:00 am, Duration: 6 hrs. Government AUSA Goldman re-buttel summation; Jury Charge; Alternate Jurors Excused; Marshal Sworn; Jury retire to start deliberation. (bw)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Arthur Nigro (1), Fotios Geas (7), Ty Geas (10) held on 3/30/2011. DAY 11: Date: March 30, 2011, Begins: 10:00 am, Duration: 6 hrs. Court Court addresses jurors. Government's Summation by AUSA Elie Honig. Defense Summation of Bobbi Sternheim for Ty Geas. Defense Summation of Fred Cohn for Fotios Geas. Defense Summation of Lawrence Hochheiser for Arthur Nigro. (bw)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Arthur Nigro (1), Fotios Geas (7), Ty Geas (10) held on 3/29/2011. DAY 10: Date: March 29, 2011, Begins: 10:00 am, Duration: 5 hrs. Witness testimony; Government Rests; Court reserves on motions; Defense Rests; Court gives instructions to jury. Rule 31 motions. (bw)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Arthur Nigro (1), Fotios Geas (7), Ty Geas (10) held on 3/28/2011. DAY 9: Date: March 28, 2011, Begins: 10:00 am, Duration: 6 hrs. Witness testimony. (bw)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Arthur Nigro (1), Fotios Geas (7), Ty Geas (10) held on 3/24/2011. DAY 8: Date: March 24, 2011, Begins: 10:00 am, Duration: 6 hrs. Witness testimony. (bw)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Arthur Nigro (1), Fotios Geas (7), Ty Geas (10) held on 3/23/2011. DAY 7: Date: March 23, 2011, Begins: 10:00 am, Duration: 6 hrs. Witness testimony. (bw)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Arthur Nigro (1), Fotios Geas (7), Ty Geas (10) held on 3/22/2011. DAY 6: Date: March 22, 2011, Begins: 10:00 am, Duration: 5 hrs. Witness testimony. (bw)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Arthur Nigro (1), Fotios Geas (7), Ty Geas (10) held on 3/21/2011. DAY 5: Date: March 21, 2011, Begins: 10:00 am, Duration: 6 hrs. Witness testimony. (bw)
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| 169 |
Filed: 3/18/2011, Entered: 3/22/2011 |
Transcript |
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TRANSCRIPT of Proceedings as to Arthur Nigro, Fotios Geas, Ty Geas held on 2/16/2011 before Judge P. Kevin Castel. (dnd)
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Request |
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| 168 |
Filed: 3/18/2011, Entered: 3/18/2011 |
Notice of Change of Address |
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NOTICE of Change of Address as to Fotios Geas. New Address: Frederick H. Cohn, 111 Broadway, Suite 1805, New York, New York, USA 10006, 212 768 1110. (Cohn, Frederick)
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Request |
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Arthur Nigro (1), Fotios Geas (7), Ty Geas (10) held on 3/17/2011. DAY 4: Date: March 17, 2011, Begins: 10:00 am, Duration: 6 hrs. Witness testimony. (bw)
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Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Arthur Nigro (1), Fotios Geas (7), Ty Geas (10) held on 3/16/2011. DAY 3: Date: March 16, 2011, Begins: 10:00 am, Duration: 6 hrs. Witness testimony. (bw)
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Filed: None, Entered: None |
Payment of Special Assessment |
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Payment of Special Assessment from George Coumoutsos in the amount of $100.00. Date Received: 3/15/11. (mn)
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| 166 |
Filed: 3/15/2011, Entered: 3/15/2011 |
Response to Motion |
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RESPONSE to Motion by Arthur Nigro re [157] MOTION in Limine Relating to Testimony of Mitchell Weissman.. (Richman, Murray)
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Request |
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| |
Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Arthur Nigro (1), Fotios Geas (7), Ty Geas (10) held on 3/15/2011. DAY 2: Date: March 15, 2011, Begins: 10:00 am, Duration: 5 hrs. Individual questioning of jurors; Judge's speech to jury; Jury selection; Jury is empanelled and sworn Selection Oath; Court instructs the jury; Opening statement Government; Opening statement Defendants; Witness testimony. (bw)
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| 165 |
Filed: 3/14/2011, Entered: 3/14/2011 |
Order |
|
ORDER as to Arthur Nigro: ORDERED, that the Metropolitan Correctional Center shall allow further clothing for court to be admitted so that he may dress for trial. Further Clothing is to include: two suits, two ties, two shirts, one pair of shoes, assorted sock, undershirts and underwear. (Signed by Judge P. Kevin Castel on 3/14/2011)(ab)
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Request |
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| |
Filed: None, Entered: None |
Jury Trial |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Arthur Nigro (1), Fotios Geas (7), Ty Geas (10) held on 3/14/2011. (bw)
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| |
Filed: None, Entered: None |
Voir Dire |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Voir Dire held on 3/14/2011 as to Arthur Nigro (1), Fotios Geas (7), Ty Geas (10). FOR THE GOVERNMENT: Mark Lanpher, Daniel Goldman, Elie Honig; Joy Adam FBI, Brian Warren FBI, Julien Barbey - paralegal. Defendant: (1) Arthur Nigro - (custody), Attorneys Lawrence Hochheiser, Murray Richman, Stacey Richman, Don Taylor - paralegal. Defendant: (7) Fotios Geas (custody), Attorneys Frederick Harvey Cohn, Shana Knizhnik paralegal, Harvey Fishbein, Jared Mauskopf paralegal. Defendant: (10) Ty Geas (custody), Attorneys Bobbi C Sternheim, Lee Alan Ginsberg, Zoe Jayde Dolan. Court Reporters: Sonya Huggins and Denise Richards. DAY 1: Date: March 14, 2011. Begins: 10:00 am. Duration: 6 hrs. Court reviewed jury hardship questionnaire; Qualification Oath; Proclamation; All jurors Qualification Oath jurors. (bw)
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| |
Filed: None, Entered: None |
Notice to Attorney to Re-File Document - Event Type Error |
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NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Elie Honig as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas, John Bologna: to RE-FILE Document [164] Reply Memorandum of Law in Support of Motion. Use the document type Reply Memorandum of Law(non-motion) found under the document list Other Documents. (ka)
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| |
Filed: None, Entered: None |
Notice to Attorney to Re-File Document - Event Type Error |
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NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Murray Richman as to Arthur Nigro: to RE-FILE Document [162] Reply Memorandum of Law in Opposition to Motion. Use the document type Response to Motion found under the document list Replies, Opposition and Supporting Documents. (ka)
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| 164 |
Filed: 3/11/2011, Entered: 3/11/2011 |
Reply Memorandum of Law in Support of Motion |
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FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Support by USA as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas, John Bologna re: [157] MOTION in Limine Relating to Testimony of Mitchell Weissman.. (Honig, Elie) Modified on 3/14/2011 (ka).
|
|
Request |
|
|
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| 163 |
Filed: 3/11/2011, Entered: 3/11/2011 |
Memorandum of Law |
|
MEMORANDUM OF LAW by USA as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas, John Bologna Regarding Jury Selection Method. (Honig, Elie)
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Request |
|
|
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| 162 |
Filed: 3/11/2011, Entered: 3/11/2011 |
Reply Memorandum of Law in Opposition to Motion |
|
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT(RESPONSE TO MOTION) - FIRST REPLY MEMORANDUM OF LAW in Opposition as to Arthur Nigro re: [157] MOTION in Limine Relating to Testimony of Mitchell Weissman. (Richman, Murray) Modified on 3/14/2011 (ka).
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|
Request |
|
|
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| 161 |
Filed: 3/11/2011, Entered: 3/11/2011 |
Order |
|
ORDER as to Arthur Nigro, Fotios Geas, Ty Geas, as stated herein, the outline of procedures that the Court plans on utilizing in jury selection beginning on March 14, 2011 at 10 a.m.... SO ORDERED. (Signed by Judge P. Kevin Castel on 3/11/2011)(ja)
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Request |
|
|
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| 160 |
Filed: 3/10/2011, Entered: 3/10/2011 |
Order |
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ORDER as to Arthur Nigro. ORDERED, that the Metropolitan Correctional Center shall allow Mr. Nigro's clothing for court to be admitted so he may dress for trial. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/10/11)(jw)
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Request |
|
|
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| 159 |
Filed: 3/10/2011, Entered: 3/10/2011 |
Order |
|
ORDER as to Fotios Geas, Ty Geas. ORDERED, that the Metropolitan Correctional Center shall allow four sets of the following clothing be admitted for Fotios Geas, Inmate ID# 05241.4-748, and Ty Geas, Inmate ID# 05245-748, for his upcoming trial: 1. Jackets, 2. Pants, 3. Shirts, 4. Sweaters, 5. Shoes, 6. Socks 7. Ties, 8. Belts, 9. Undershirts. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/10/11)(jw)
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Request |
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| |
Filed: None, Entered: None |
Notice to Attorney to Re-File Document - Event Type Error |
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NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Elie Honig as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas, John Bologna: to RE-FILE Document [157] MOTION in Limine Relating to Testimony of Mitchell Weissman. Use the document type Memorandum of Law(non-motion) found under the document list Other Documents. (ka)
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| 167 |
Filed: 3/9/2011, Entered: 3/17/2011 |
Transcript |
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TRANSCRIPT of Proceedings as to Arthur Nigro, Fotios Geas, Ty Geas held on February 22, 2011 before Judge P. Kevin Castel. (djc)
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Request |
|
|
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| 158 |
Filed: 3/9/2011, Entered: 3/9/2011 |
Transcript |
|
TRANSCRIPT of Proceedings as to Arthur Nigro, Fotios Geas, Ty Geas held on January 25, 2011 12:45 p.m. before Judge P. Kevin Castel. (bw)
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Request |
|
|
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| 157 |
Filed: 3/9/2011, Entered: 3/9/2011, Terminated: 3/9/2011 |
Motion in Limine |
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FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU(MEMORANDUM) MOTION in Limine Relating to Testimony of Mitchell Weissman. Document filed by USA as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas, John Bologna. (Honig, Elie) Modified on 3/10/2011 (ka).
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Request |
|
|
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| 156 |
Filed: 3/8/2011, Entered: 3/9/2011 |
Endorsed Letter |
|
ENDORSED LETTER as to Anthony Arillotta, addressed to Judge Castel, from Mark Lanpher, AUSA, dated 3/7/2011, re: request that the Court adjourn the control date for Anthony Arillotta's sentencing, currently scheduled for March 11, 2011. -- Judge endorsed: Sentencing adjourned from March 11 to September 16 at 10 a.m. (control date). SO ORDERED. ( Sentencing set for 9/16/2011 at 10:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/7/2011)(ja)
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|
Request |
|
|
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| 155 |
Filed: 3/4/2011, Entered: 3/4/2011 |
Letter |
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Letter by USA as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas, John Bologna addressed to Judge P.Kevin Castel from Mark Lanpher dated 3/3/2011. The Government respectfully submits this letter to notify the Court of an issue that has arisen in this case... As a result of the newly obtained information resulting in the need to order a jury pool, the Government will follow up with defense counsel and the Court on Friday, March 4. Furthermore, the Government and defense counsel respectfully request that, if necessary and if feasible, the parties appear before the Court tomorrow to address any adjournment request. (dnd)
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Request |
|
|
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| 154 |
Filed: 3/4/2011, Entered: 3/4/2011 |
Endorsed Letter |
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ENDORSED LETTER as to Ty Geas addressed to Judge P.Kevin Castel from Mark Lanpher dated 3/4/2011. re: The Government respectfully submits this letter as a follow up to the letter submitted last night about the potential need for a brief trial adjournment. The Government agrees that, in light of all the circumstances, the defendants' request for a brief trial adjournment is reasonable and appropriate. Accordingly, the parties jointly and respectfully request that the Court adjourn the trial by six days, and schedule juryselection to begin on Monday, March 14, 2011. ENDORSEMENT: Trial adjourned from March 8 to March 14 at 10:00 a.m. for the reasons set forth in this letter from the government of today's date. The court expresses its sincere condolences to Mr. Ginsberg. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/4/2011)(dnd)
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Request |
|
|
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| 153 |
Filed: 3/3/2011, Entered: 3/3/2011 |
Endorsed Letter |
|
ENDORSED LETTER as to Arthur Nigro (1), Fotios Geas (7), Ty Geas (10) addressed to Judge P. Kevin Castel from Attorney Frederick H. Cohn, attorney for defendant Fotios Geas, dated January 28, 2011 re: Your proposed methodology for dealing with hardship claims ignores, as most respectfully, does your ruling on an anonymous jury, the function of the preemptory challenge and how, if we are to avoid stereotypes and Batson challengeable methodology, we come to a conclusion as to how we exercise those challenges.... We respectfully oppose this method of jury selection. ENDORSEMENT: Having fully considered the arguments asserted on behalf of Fotios Geas, the Court adheres to its intention to use a questionnaire addressed to hardship (correcting the start date of the trial to March 8). Moreover, this Court does not accept the proposition that a prospective juror may not properly assert that his or her service will result in a serious hardship to a third person as a basis for excusing the prospective juror. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/3/2011)(bw)
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Request |
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| 152 |
Filed: 3/1/2011, Entered: 3/2/2011 |
Sealed Document + |
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SEALED DOCUMENT placed in vault. (mps)
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| 151 |
Filed: 3/1/2011, Entered: 3/1/2011 |
Order |
|
ORDER: As to George Coumoutsos. Having reviewed Petitioner's above-styled Motion, based upon this Court's Judgment Order issued January 25, 2011, and having considered Bureau of Prisons' (BOP) designation policies and discretion, the Court hereby: (1)ORDERS that the surrender date be adjourned to March 22, 2011 no later than 2:00 P.M. (2) RECOMMENDS that the Federal Bureau of Prisons designate the defendant to FCI Fort Dix to facilitate family visitation; (3) ORDERS that this notice be forwarded forthwith to the United States Marshals Office, Southern District of New York, and in turn the USMS deliver a true copy of this order to the Federal Bureau of Prisons, Designation and Sentence Computation Center. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/1/2011) The Clerks Office Has Sent Copies. (dnd)
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Request |
|
|
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| 149 |
Filed: 2/24/2011, Entered: 2/25/2011 |
Order |
|
ORDER as to Arthur Nigro, Fotios Geas, Ty Geas. When jurors arrive on 3/8/2011, they will be asked to complete a hardship questionnaire, a copy of which is annexed to this Order. The responses will be available for inspection. A party having an objection to the questionnaire shall fax the objection to Chambers (212 805 7949) by 11 a.m. on 3/1/2011. (Signed by Judge P. Kevin Castel on 2/24/2011)(ja)
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Request |
|
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| 148 |
Filed: 2/24/2011, Entered: 2/24/2011 |
Order |
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ORDER WITH RESPECT TO JURORS as to Arthur Nigro, Fotios Geas and Ty Geas: IT IS HEREBY ORDERED that the names, addresses and places of employment of the jurors in the above-captioned matter shall be kept confidential and not disclosed to any person; and it is further ORDERED that the jurors are prohibited from entering the 8th floor cafeteria, and it is further ORDERED that this Order may be modified or amended at any time by the Court; and it is further ORDERED that the Clerk shall transmit copies of this Order to the District's Jury Administrator. (Signed by Judge P. Kevin Castel on 2/24/2011) (ab)
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Request |
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| |
Filed: None, Entered: None |
Pretrial Conference |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Final Pretrial Conference and Motion as to Arthur Nigro, Fotios Geas, Ty Geas held on 2/22/2011. Defendant: (1) Arthur Nigro present w/attys Murray Richman and Lawrence Hochheiser; (7) Fotios Geas present w/atty Frederick Cohn and Harvey Fishbein; (10) Ty Geas present w/attys Bobbi Sternheim (telephonically),Lee Ginsberg and Zoe Dolan. AUSAs Mark Lanpher, Elie Honig and DanielGoldman present. Court Reporter: Tara Jones. Hearing on motions in limine and final pretrial conference (see transcript). Court Ex. 1 Fotios Geas letter and attachments. Court Ex. 2 Ty Geas letter and attachments (jw)
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|
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| 147 |
Filed: 2/18/2011, Entered: 2/18/2011 |
Order |
|
ORDER as to (S5-09-Cr-1239-) Arthur Nigro (1), Fotios Geas (7), Ty Geas (10).... IT IS HEREBY ORDERED: 1. All materials disclosed to defendants Arthur Nigro, Fotios Geas, and Ty Geas (collectively, the "March Trial Defendants") by the Government pursuant to 18 U.S.C. Section 3500 are deemed "confidential information." 2. Confidential information disclosed to March Trial Defendants or to their counsel during the course of proceedings in this action: (a) Shall be used by March Trial Defendants or their counsel only for purposes of this action. (b) Shall not be disclosed in any form by March Trial Defendants or their counsel except as set forth in paragraph 2(c) below. (c) May be disclosed by March Trial Defendants or their counsel only to the following persons (hereinafter "designated persons"):...[see Order]... 4. The provisions of this Order shall not be construed as preventing the disclosure of any information in any motion, hearing, or trial held in this action, or to any Judge or Magistrate Judge of this Court for purposes of this action. SO ORDERED: (Signed by Judge P. Kevin Castel on 2/18/2011)(bw)
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Request |
|
|
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| 146 |
Filed: 2/17/2011, Entered: 2/17/2011, Terminated: 2/18/2011 |
Motion for Protective Order |
|
MOTION for Protective Order Relating to Dissemination of Rule 3500 Materials. Document filed by USA as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas, John Bologna. (Honig, Elie)
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Request |
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| |
Filed: None, Entered: None |
Contempt Hearing |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Contempt Hearing as to Arthur Nigro, Fotios Geas and Ty Geas held on 2/17/2011. Defendants waive appearance. Attorneys Lawrence Hochheiser, Frederick Cohn, Harvey Fishbein, Bobbi Sternheim and Zoe Dolan. AUSA Elie Honig present. Crista Colvin and Nicole McFarland, representatives of MDC, present. Duke Terrell, Warden of MDC, present. Dr. Michelle Smith, Supervisor of Education, present. Court Reporter, Linda Fisher present. Application for contempt denied. Final pretrial conference is scheduled for 2/22/2011 at 2:30 PM. (ab)
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| 145 |
Filed: 2/16/2011, Entered: 2/16/2011 |
Transcript |
|
TRANSCRIPT of Proceedings as to Felix Tranghese held on January 24, 2011 4:15 p.m. before Judge P. Kevin Castel. (ajc)
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Request |
|
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| |
Filed: None, Entered: None |
Show Cause Hearing |
|
Minute Entry for proceedings held before Judge P. Kevin Castel: Show Cause Hearing as to Arthur Nigro, Fotios Geas, Ty Geas held on 2/16/2011. Defendant: Arthur Nigro present with attorney Lawrence Hochheiser; Fotios Geas present with attorneys Frederick Cohn and Harvey Fishbein; Ty Geas present with attorneys Bobbi Sternheim, Lee Ginsberg and Zoe Dolan. AUSA's Mark Lanpher, Elie Honig and Daniel Goldman present for the Government. Crista Colvin and Nicole McFarland - representatives of MDC present. Court Reporter: Carol Ganley present. Hearing held. Defendants will have 21 hours per week to work on their case in the library. Hearing continued to February 17, 2011 at 4:15 pm. Dr. Smith of the MDC is ordered to appear at the conference. Courts denies continuance at this time. Defendants are remanded into custody. (dnd)
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| 144 |
Filed: 2/15/2011, Entered: 2/16/2011 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (mps)
|
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|
|
|
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| 143 |
Filed: 2/15/2011, Entered: 2/15/2011 |
Transcript |
|
TRANSCRIPT of Proceedings as to John Bologna held on December 29, 2009 10:30 a.m. before Judge P. Kevin Castel. [*** Previously filed under seal on 1/6/2010, Seal Envelope, Doc.#2; Unsealed on 1/31/2011, see Order, Doc.#135; Received for docketing on 2/15/2011. Chambers confirmed that the original can be placed in Court file. ***] (bw)
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| 142 |
Filed: 2/15/2011, Entered: 2/15/2011 |
Memorandum in Opposition to Motion |
|
MEMORANDUM in Opposition by USA as to Arthur Nigro, Fotios Geas, Ty Geas re [140] FIRST MOTION to Continue Commencement of Trial.. (Lanpher, Mark)
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Request |
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| |
Filed: None, Entered: None |
Note to Attorney Regarding the Filing of Letters - Error |
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. [140] as to Defendant(s) Fotios Geas, Ty Geas: HAS BEEN REJECTED. Note to Attorney Bobbi C Sternheim : Other than letters filed under a cover marked Sentencing Memorandum, THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka)
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| 141 |
Filed: 2/14/2011, Entered: 2/14/2011 |
Order |
|
ORDER TO SHOW CAUSE FOR CONTEMPT as to Arthur Nigro, Fotios Geas and Ty Geas: On the application of the defendants, Fotios Geas and Ty Geas, by their attorneys, and on the affirmation of Frederick H. Cohn, dated 2/11/2011 and on the Order of this Court dated 1/25/2011 and on all the papers and proceedings heretofore had herein, let Duke Terrel, the Warden of the Metropolitan Detention Center, Brooklyn, New York show cause at a motion term to be held in this Court before the Honorable P. Kevin Castel, on the 16th day of February, 2011 at 3:30 PM why he should not be held in contempt for his failure to obey the Order of this Court dated 1/25/2011, and it is further: Ordered that a copy of this Order to Show Cause and the papers upon which it is based be served upon the Warden of the Metropolitan Correction Center by delivering it to a person of suitable age and discretion at the Metropolitan Detention Center, 80 29th Street, Brooklyn, New York and upon the United States Attorney for the Southern District of New York by 3:00 PM on 2/14/2011. (Signed by Judge P. Kevin Castel on 2/14/2011) The Clerks Office Has Mailed Copies. (ab)
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Request |
|
|
|
| 140 |
Filed: 2/14/2011, Entered: 2/14/2011, Terminated: 2/14/2011 |
Motion to Continue |
|
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT(LETTER) - FIRST MOTION to Continue Commencement of Trial. Document filed by Ty Geas as to Fotios Geas, Ty Geas. (Attachments: # (1) Exhibit Order to Show Cause for Contempt)(Sternheim, Bobbi) Modified on 2/15/2011 (ka).
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Request |
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| |
Filed: None, Entered: None |
Transmission to Docket Assistant Clerk |
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Transmission to Docket Assistant Clerk. Transmitted re: [141] Order to Show Cause for Contempt, as to Arthur Nigro, Fotios Geas and Ty Geas, to the Docket Assistant Clerk for case processing. (ab)
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| 139 |
Filed: 2/10/2011, Entered: 2/10/2011 |
Response to Motion |
|
RESPONSE to Motion by Fotios Geas re [110] MOTION in Limine.. (Cohn, Frederick)
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|
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| 138 |
Filed: 2/10/2011, Entered: 2/10/2011 |
Reply Memorandum of Law in Opposition to Motion |
|
FIRST REPLY MEMORANDUM OF LAW in Opposition as to Ty Geas re: [110] MOTION in Limine. And in further support of cross-motion. (Dolan, Zoe)
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|
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| 132 |
Filed: 2/7/2011, Entered: 2/7/2011 |
Memorandum in Opposition to Motion |
|
MEMORANDUM in Opposition by Arthur Nigro re [110] MOTION in Limine.. (Hochheiser, Lawrence)
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| 131 |
Filed: 2/4/2011, Entered: 2/4/2011 |
Transcript |
|
TRANSCRIPT of Proceedings as to Arthur Nigro, Fotios Geas, Ty Geas held on 1/25/2011, 12:45 p.m. before Judge P. Kevin Castel. (rjm)
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|
Request |
|
|
|
| 130 |
Filed: 2/2/2011, Entered: 2/2/2011 |
Letter |
|
Letter by Arthur Nigro addressed to Judge P.Kevin Castel from Frederick H. Cohn dated 1/28/2011. re: Pursuant to your direction please be advised that the defendants do not seek any additional peremptory challenges. (dnd)
|
|
Request |
|
|
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| 129 |
Filed: 2/2/2011, Entered: 2/2/2011 |
Transcript |
|
TRANSCRIPT of Proceedings as to George Coumoutsos held on 1/25/2011 before Judge P. Kevin Castel. (dnd)
|
|
Request |
|
|
|
| 127 |
Filed: 2/1/2011, Entered: 2/1/2011 |
Request to Charge |
|
Request To Charge by USA as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas. (Goldman, Daniel)
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Request |
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| 126 |
Filed: 2/1/2011, Entered: 2/1/2011 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (nm)
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| 125 |
Filed: 2/1/2011, Entered: 2/1/2011 |
Reply Memorandum of Law in Support of Motion |
|
REPLY MEMORANDUM OF LAW in Support by USA as to Arthur Nigro, Fotios Geas, Ty Geas re: [110] MOTION in Limine.. (Lanpher, Mark)
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| 150 |
Filed: 1/31/2011, Entered: 3/1/2011 |
Affirmation |
|
AFFIRMATION and APPLICATION of Mark Lanpher USA as to Anthony Arillotta. The Government will move this Court for an order unsealing the filings of this case. No prior request for the relief set forth herein has been made, and defense counsel has consented to this application. (jw)
|
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Request |
|
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| 137 |
Filed: 1/31/2011, Entered: 2/9/2011 |
Information - Felony |
|
INFORMATION (Felony) filed as to John Bologna (11) count(s) 1, 2, 3, 4, 5-6, 7, 8, 9. Arraignment set for 12/29/2009 before Judge P. Kevin Castel. (ja)(Document originally filed under seal 12/29/2009.)
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| 136 |
Filed: 1/31/2011, Entered: 2/9/2011 |
Waiver of Indictment |
|
WAIVER OF INDICTMENT by John Bologna. (ja)
|
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Request |
|
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|
| 135 |
Filed: 1/31/2011, Entered: 2/9/2011 |
Order |
|
ORDER TO UNSEAL as to John Bologna.The Gov't has requested that the following documents be unsealed and docketed so that the Gov't can make full disclosure to defense counsel in the case of US v. Arthur Nigro et al., S5 09 Cr. 1239: The Information to which dft John Bologna pled guilty, captioned 09 Cr. 1239, and the minutes of Bologna's plea allocution, dated 12/29/2009; and the Gov't has further requested permission to disclose to the defense copies of Bologna's cooperation agreement and other Court correspondence related to John Bologna, which were previously filed under seal. IT IS HEREBY ORDERED, that the Information to which dft John Bologna pled guilty, captioned 09 Cr. 1239, and the minutes of Bologna's plea allocution, dated 12/29/2009, be unsealed and docketed in the public record of this case. IT IS FURTHER ORDERED that Gov't may disclose to the defense copies of any cooperation agreement or other Court correspondence related to John Bologna, which was previously filed under seal, as necessary to meet its obligation pursuant to Giglio and Rule 3500. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/28/2011)(ja) (dnd).
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| 134 |
Filed: 1/31/2011, Entered: 2/9/2011 |
Information - Felony |
|
(S3) SUPERSEDING INFORMATION (Felony) filed as to Anthony Arillotta (2) count(s) 1ss-2ss, 3ss-4ss, 5ss-6ss, 7ss-8ss, 9ss, 10ss. (jw)
|
|
Request |
|
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| 133 |
Filed: 1/31/2011, Entered: 2/9/2011 |
Waiver of Indictment |
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WAIVER OF INDICTMENT by Anthony Arillotta. Originally filed on 7/6/10. (jw)
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Request |
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| 128 |
Filed: 1/31/2011, Entered: 2/2/2011 |
Transcript |
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TRANSCRIPT of Proceedings as to George Coumoutsos held on 1/25/2011 before Judge P. Kevin Castel. (ja)
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Request |
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| 124 |
Filed: 1/31/2011, Entered: 1/31/2011 |
Order |
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ORDER to Unseal Information, and minutes of Anthony Arillotta's guilty plea, as to Anthony Arillotta, dated 7/6/2010. The Government has further requested permission to disclose to the defense copies of the cooperation agreement and other Court correspondence related to Anthony Arilotta, which was previously filed under seal... SO ORDERED. (Signed by Judge P. Kevin Castel on 1/28/2011)(ja)
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Filed: None, Entered: None |
Transmission to Sealed Records Clerk |
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Transmission to Sealed Records Clerk: as to John Bologna. Transmitted re: [135] Order to Unseal, to the Sealed Records Clerk for the sealing or unsealing of document or case. (ab)
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Filed: None, Entered: None |
Arraignment |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Arraignment as to John Bologna (11) on Counts 1, 2, 3, 4, 5-6, 7, 8, and 9, originally held and filed under seal on 12/29/2010. Plea entered by John Bologna (11) of Guilty as to Counts 1, 2, 3, 4, 5-6, 7, 8, and 9. (ja)
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Filed: None, Entered: None |
Initial Appearance |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Initial Appearance as to John Bologna originally held on 12/29/2009 and unsealed on 1/31/2011. Dft is present w/atty Andrew Patel. AUSA Jonathan New present. Crt rptr present. Waiver of Indictment filed. Dft Bologna is arraigned on the Information 09 Cr. 1239 (PKC) and pleads guilty to Counts 1, 2, 3, 4, 5, 6, 7, 8, and 9 of the Information. Sentencing date set for 7/2/2010 at 10 a.m. Dft remains out on bail. (Court Reporter Ann Hairston) (ja)
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Filed: None, Entered: None |
Plea Entered |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Plea entered by Anthony Arillotta (2) Guilty as to Count 1ss-2ss,3ss-4ss,5ss-6ss,7ss-8ss,9ss,10ss. (jw)
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Filed: None, Entered: None |
Arraignment |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Arraignment as to Anthony Arillotta (2) Count 1ss-2ss,3ss-4ss,5ss-6ss,7ss-8ss,9ss,10ss held on 1/31/2011. Defendant pleads guilty to Count 1,2,3,4,5,6,7,8,9,10 of S3 Information. Defendant admits forfeiture allegations in paragraph 37,38, 39 and 40 of S3 Information. Control Sentence date March 11, 2011 at 9:30am. Pre-sentence report will be ordered in the fullness of time. Defendant is remanded into custody. (jw)
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Filed: None, Entered: None |
Transmission to Sealed Records Clerk |
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Transmission to Sealed Records Clerk: as to Anthony Arillotta. Transmitted re: [124] Order, to the Sealed Records Clerk for the unsealing of documents or case. (ja)
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| 123 |
Filed: 1/28/2011, Entered: 1/31/2011 |
Sealed Document + |
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SEALED DOCUMENT placed in vault. (nm)
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| 122 |
Filed: 1/26/2011, Entered: 1/26/2011 |
Judgment* |
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JUDGMENT: As to George Coumoutsos (6), Count 12, Dismissed; Count 12s, Imprisonment: 3 Months; Supervised Release: 3 Years. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 3/8/2011. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. The defendant shall cooperate in the collection of DNA as directed by the probation officer.The defendant is to adhere to the Special Conditions of Supervision as indicated on page 4 of this document. The defendant is to pay an assessment fee of $100.00 as a lump sum payment due immediately. The defendant is to pay a fine in the amount of $2,000.00 in equal monthly payments of $100.00 to commence 30 days after release from imprisonment to a term of supervision. (Signed by Judge P. Kevin Castel on 1/25/2011)(dnd)
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Request |
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| 121 |
Filed: 1/26/2011, Entered: 1/26/2011 |
Order |
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ORDER as to Arthur Nigro. IT IS HEREBY ORDERED that the Metropolitan Detention Center ("MDC") is directed to permit each of ARTHUR NIGRO, Register No. 58732 054, FOTIOS GEAS, Register No. 05244-748, and TY GEAS, Register No. 05245-748, to have access to the MDC's law library, including the computer terminals therein, for a minimum of 12.5 hours per week for the purpose of reviewing discovery materials in preparation for trial, which is currently scheduled to commence on March 8, 2011. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/25/2011)(dnd)
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Request |
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Filed: None, Entered: None |
Judgment Entered in Money Book |
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Judgment entered in money judgment book as #11,0166 as to George Coumoutsos in the amount of $ 2,100, re: [122] Judgment. (bco)
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Filed: None, Entered: None |
Dismissal of Counts on Government Motion |
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DISMISSAL OF COUNTS on Government Motion as to George Coumoutsos (6) Count 12. (dnd)
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Filed: None, Entered: None |
Arraignment |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Arraignment (on S5) as to Arthur Nigro (1) on Counts 1sss, 2sss, 3sss, 4sss, 6sss, and 7sss; Fotios Geas (7) on Counts 1ss, 2ss, 3ss, 4ss-5ss, 6ss, and 7ss; and Ty Geas (10) on Counts 1s, 2s, 3s, 4s-5s, and 6s. Plea entered by Arthur Nigro (1) to Counts 1sss, 2sss, 3sss, 4sss, 6sss, and 7sss; Fotios Geas (7) to Counts 1ss, 2ss, 3ss, 4ss-5ss, 6ss, and 7ss; and Ty Geas (10) to Counts 1s, 2s, 3s, 4s-5s, and 6s of NOT GUILTY. (Court Reporter Steve Griffing) (ja)
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Filed: None, Entered: None |
Pretrial Conference |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Arraignment and Pretrial Conference as to Arthur Nigro, Fotios Geas, Ty Geas held on 1/25/2011. Defendant: (1) Arthur Nigro present w/attys Brian Pakett and LawrenceHochheiser; (7) Fotios Geas present w/atty Frederick Cohn and Harvey Fishbein; (10) Ty Geas present w/attys Bobbi Sternheim, Lee Ginsberg and Joe Dolan. AUSAs Mark Lanpher, Elie Honig and Daniel Goldman present.Court Reporter: Steven Griffing. Defendants Arthur Nigro, Fotios Geas and Ty Geas waive the public reading and plead not guilty to the S5 Indictment. Evidentiary hearing is scheduled for February 22, 2011 at 10:30 a.m. Defendants are remanded into custody. ( Evidentiary Hearing set for 2/22/2011 at 10:30 AM before Judge P. Kevin Castel.) (Court Reporter Steven Griffing) (ja)
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Filed: None, Entered: None |
Sentencing |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 1/25/2011 for George Coumoutsos (6) Count 12s. (dnd)
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| 120 |
Filed: 1/24/2011, Entered: 1/24/2011 |
Endorsed Letter |
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ENDORSED LETTER as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas addressed to Judge P. Kevin Castel from AUSAs Mark Lanpher/ Elie Honig/ Daniel S. Goldman dated January 24, 2011 re: The Government writes in response to the Court's order directing the Government to submit a letter to the Court in camera by January 26, 2011, to explain the reasons for the timing of the fifth Superseding Indictment (the "S5 Indictment"), which was filed on January 20, 2011. By this letter, the Government seeks permission to submit a letter response to the Court and to provide defense counsel with a copy as well. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge P. Kevin Castel on 1/24/2011)(bw)
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Request |
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Filed: None, Entered: None |
Oral Order |
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ORAL ORDER as to Felix Tranghese: Sentencing set for 7/15/2011 at 09:30 AM before Judge P. Kevin Castel. (ab)
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Filed: None, Entered: None |
Plea Entered |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Plea entered by Felix Tranghese (8) Guilty as to Count 1, 2, 3, 5, 6, 7 and 13. (ab)
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Filed: None, Entered: None |
Status Conference |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference (PLEA) as to Felix Tranghese held on 1/24/2011. Defendant (in custody) present with attorney F. Michael Joseph; AUSA Elie Honig present; Joy Adam, FBI present; Court Reporter Pamela Utter present. Defendant pleads GUILTY to Counts 1, 2, 3, 5, 6, 7 and 13 of the S4 Indictment. Defendant admits forfeiture allegations in paragraphs 51 and 52, 55 and 56. Sentencing is scheduled for 7/15/2011 at 9:30 AM. Defendant is remanded into custody. (ab)
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| 119 |
Filed: 1/21/2011, Entered: 1/21/2011 |
Memorandum in Opposition to Motion |
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MEMORANDUM in Opposition by Ty Geas re [110] MOTION in Limine.. and in Support of Cross-Motion in Limine (Sternheim, Bobbi)
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| 118 |
Filed: 1/21/2011, Entered: 1/21/2011 |
Endorsed Letter |
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ENDORSED LETTER as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco and Ty Geas addressed to Judge P. Kevin Castel from Frederick H. Cohen dated 1/20/2011 re: Counsel writes to inform the Court that they have just received an email from the Government adding a new crime on the eve of trial, which does not give counsel enough time to investigate and respond. Before the arraignment Counsel requests that the Court rule on the issue. ENDORSED: I direct the Government to make an in camera submission explaining the reasons for the timing of the superseding indictment. Submission due 1/26/2011. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/21/2011)(ab)
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Request |
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| 117 |
Filed: 1/21/2011, Entered: 1/21/2011 |
Response to Motion |
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RESPONSE to Motion by Fotios Geas as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas re [110] MOTION in Limine.. (Fishbein, Harvey)
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| 116 |
Filed: 1/21/2011, Entered: 1/21/2011 |
Sealed Document + |
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SEALED DOCUMENT placed in vault. (nm)
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| 115 |
Filed: 1/20/2011, Entered: 1/20/2011 |
Indictment |
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(S5) SUPERSEDING INDICTMENT FILED as to Arthur Nigro (1) count(s) 1sss, 2sss, 3sss, 4sss, 6sss, 7sss, Fotios Geas (7) count(s) 1ss, 2ss, 3ss, 4ss-5ss, 6ss, 7ss, Ty Geas (10) count(s) 1s, 2s, 3s, 4s-5s, 6s. (jm)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 114 |
Filed: 1/13/2011, Entered: 1/14/2011 |
Order |
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ORDER as to Marcos Caio. ORDERED, ADJUDGED and DECREED that Defendant Caio's Personal Recognizance Bond be exonerated and Defendant Caio and his sureties thereto be released from any and all obligations thereunder; and it is further ORDERED, ADJUDGED and DECREED that the Pre-Trial Services Agency return his passport to his wife at 530 Vincent Avenue, Bronx NY 10465, the address that was registered with the Court and the Pre-Trial Services Agency. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/13/11)(jw)
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Request |
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| 113 |
Filed: 1/13/2011, Entered: 1/13/2011 |
Letter |
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Letter by (S4-09-Cr-1239-09) Emilio Fusco addressed to Judge P. Kevin Castel from Attorney William I. Aronwald dated January 12, 2011 re: Regarding the scheduled January 25th pre-trial conference, I am engaged on trial in Putnam County in the case of People v. Barbara Dunn and will not be able to attend the conference. Obviously, since my client, Emilio Fusco, is still in Italy pending conclusion of the pending extradition proceedings, which are not likely to be resolved in advance of the March 8, 2011 trial date, there is little that will be discussed at the conference that will have any effect on my client with respect to the scheduled trial.... Nonetheless, Mr. Nigro's attorney, Lawrence Hochheiser, has agreed to advise me as to the issues discussed during the conference as well as Your Honor's rulings on those issues. (bw)
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Request |
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| 112 |
Filed: 1/11/2011, Entered: 1/13/2011 |
Order |
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ORDER as to (09-Cr-1239-10) Ty Geas. IT IS HEREBY ORDERED that the Metropolitan Detention Center is directed to permit TY GEAS, Reg. No. 05245-748, to possess an iPod containing audio recordings provided by the Government for the limited purpose of reviewing audio discovery in preparation for trial. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/11/2011)(bw)
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Request |
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Filed: None, Entered: None |
Note to Attorney Regarding the Filing of Letters - Error |
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. [108] as to Defendant(s) Marcos Caio: HAS BEEN REJECTED. Note to Attorney Richard Alexander Rehbock : Other than letters filed under a cover marked Sentencing Memorandum, THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka)
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| 111 |
Filed: 1/7/2011, Entered: 1/7/2011 |
Request to Charge |
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Request To Charge by USA as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas. (Attachments: # (1) Exhibit Exhibit A)(Goldman, Daniel)
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Request |
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| 110 |
Filed: 1/7/2011, Entered: 1/7/2011, Terminated: 9/13/2011 |
Motion in Limine |
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MOTION in Limine. Document filed by USA as to Arthur Nigro, Fotios Geas, Ty Geas. (Lanpher, Mark)
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| 109 |
Filed: 1/7/2011, Entered: 1/7/2011 |
Proposed Examination of Jurors |
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PROPOSED EXAMINATION OF JURORS by USA as to Arthur Nigro, Fotios Geas, Ty Geas. (Lanpher, Mark)
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Request |
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| 108 |
Filed: 1/7/2011, Entered: 1/7/2011, Terminated: 1/7/2011 |
Motion to Release Bond Obligation |
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT(LETTER) - MOTION to Release Bond Obligation. Document filed by Marcos Caio. (Rehbock, Richard) Modified on 1/10/2011 (ka).
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Request |
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| 107 |
Filed: 12/20/2010, Entered: 12/20/2010 |
Letter |
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Letter by USA as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas addressed to Judge P. Kevin Castel from Mark Lanpher dated 12/16/2010 re: The Government writes to submit that they will not seek the death penalty against any of the defendants. (ab)
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Request |
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| 106 |
Filed: 12/7/2010, Entered: 12/7/2010 |
Letter |
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Letter by Fotios Geas addressed to Dear Mr. Lanpher from Frederick H. Cohn dated 12/3/10 re: Judge Castel's recent scheduling order places some pressure on the issue of whether the Government will seek the death penalty in this case. Presentations were made to the Capital Case committee in Washington, D.C. on November 1, 2010. We look forward to an early determination so that the preparation of the case for trial will be orderly and fair. (jw)
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Request |
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Filed: None, Entered: None |
Payment of Special Assessment |
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Payment of Special Assessment from Marcos Caio in the amount of $100.00. Date Received: 12/7/10. (mn)
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| 105 |
Filed: 12/2/2010, Entered: 12/2/2010 |
Endorsed Letter |
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ENDORSED LETTER as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco and Ty Geas addressed to Judge P. Kevin Castel from William I. Aronwald dated 12/1/2010 re: Counsel writes to request that his appearance at the final pre-trial conference on 2/25/2011 be excused and be permitted to attend viz telephone conference. ENDORSED: I will take the matter up at the 1/25/2011 conference. All 404(b) evidence to be disclosed by 1/7/2011. Government's requests to change voir dire requests due 1/7/2011. Any motions in limine by the government due 1/7/2011. Defendant's response to government's motion in limine and any in limine motions of defendants due 1/21/2011. Defendant's requests to charge due 1/21/2011. Government's reply on its own in limine motions due 2/1/2011. Government's response to defendant's in limine due 2/1/2011. Any reply by defendants on their in limine motions due 2/10/2011. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/2/2010)(ab)
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Request |
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| 104 |
Filed: 11/30/2010, Entered: 11/30/2010 |
Order |
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ORDER: As to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas The next conference for all defendants in this case is scheduled forJanuary 25, 2011 at 12:30 p.m. The final pretrial conference is scheduled for Friday, February 25, 2011 at 12:15 pm. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/29/2010)(dnd)
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Request |
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| 103 |
Filed: 11/29/2010, Entered: 11/30/2010 |
Satisfaction of Judgment |
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SATISFACTION OF JUDGMENT as to Steve Alfisi re [93] Judgment, in the amount of $7,100.00. Judgment satisfied on 11/29/2010. (ja)
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Request |
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| 101 |
Filed: 11/18/2010, Entered: 11/18/2010 |
Order |
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ORDER as to Emilio Fusco ( Pretrial Conference set for 1/25/2011 at 12:30 PM before Judge P. Kevin Castel.)The conference previously scheduled for January 6, 2011 at 11:00 a.m. is adjourned to January 25, 2011 at 12:30 p.m. (Signed by Judge P. Kevin Castel on 11/18/10)(jw)
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Request |
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| 102 |
Filed: 11/17/2010, Entered: 11/18/2010 |
Transcript |
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TRANSCRIPT of Proceedings as to Marcos Caio held on 10/21/2010 before Judge P. Kevin Castel. (dnd)
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Request |
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| 100 |
Filed: 11/16/2010, Entered: 11/16/2010 |
Amended Judgment |
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AMENDED JUDGMENT In A Criminal Case (S2-09-Cr-1239-04). Date of Imposition of Judgment: 10/21/2010. Date of Original Judgment: 10/21/2010. Reason for Amendment: Correction of Sentence for Clerical Mistake. Defendant Marcos Caio (4) pleaded guilty to Count(s) 12s. Count(s) All underlying counts are dismissed on the motion of the United States. IMPRISONMENT: 6 months. *The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: *before 2 p.m. on 1/4/2011. SUPERVISED RELEASE: 3 years. The above drug testing condition (see page 3 of judgment) is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. The defendant shall cooperate in the collection of DNA as directed by the probation officer. Special Conditions of Supervision (see page 4 of judgment). ASSESSMENT: $100.00, due immediately. FINE: $4,000.00. Schedule of Payments (see page 6 of judgment). (Signed by Judge P. Kevin Castel on 11/16/2010)(bw)
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Request |
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from Steve Alfisi in the amount of $7,000.00. Date Received: 11/16/10. (mn)
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| 99 |
Filed: 11/5/2010, Entered: 11/9/2010 |
Transcript |
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TRANSCRIPT of Proceedings as to Steve Alfisi held on 10/15/10 before Judge P. Kevin Castel. (pl)
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Request |
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| 98 |
Filed: 11/5/2010, Entered: 11/8/2010 |
Transcript |
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TRANSCRIPT of Proceedings as to (S2-09-Cr-1239-05) James Coumoutsos held on September 29, 2010 11:10 a.m. before Judge P. Kevin Castel. (bw)
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Request |
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| 97 |
Filed: 11/2/2010, Entered: 11/2/2010 |
Endorsed Letter |
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ENDORSED LETTER as to George Coumoutsos addressed to Judge P. Kevin Castel from Lawrence DiGiansante dated 11/1/2010 re: Counsel writes to request an adjournment of Mr. Coumoutsos' sentencing, which is scheduled for 11/5/2010. ENDORSED: Sentencing adjourned from 11/5/2010 to 1/25/2010 at 02:30 PM. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/2/2010)(ab)
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Request |
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| 96 |
Filed: 10/22/2010, Entered: 10/22/2010 |
Judgment* |
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FILED JUDGMENT IN A CRIMINAL CASE as to Marcos Caio (4), Count(s) 12 is dismissed on the motion of the U.S. The defendant Marcos Caio pleaded guilty to Count(s) 12s, Imprisonment: 6 months. The defendant shall surrender to the U.S. Marshal for this district at 2 p.m. on 1/4/2011. Supervised Release: 3 years. SA: $100.00. Fine: $4,000.00. (Signed by Judge P. Kevin Castel on 10/21/2010)(ja)
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Request |
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Filed: None, Entered: None |
Judgment Entered in Money Book |
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Judgment entered in money judgment book as #10,1881 as to Marcos Caio in the amount of $ 4,100, re: [96] Judgment. (bco)
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Filed: None, Entered: None |
Dismissal of Counts on Government Motion |
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DISMISSAL OF COUNTS on Government Motion as to Marcos Caio (4) Count 12. (ja)
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Filed: None, Entered: None |
Sentencing |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 10/21/2010 for (S2-09-Cr-1239-) Marcos Caio (4) Count 12s. Defendant present with attorney Richard Rehbock. AUSA Daniel Goldman present. Court Reporter: Alena Lynch. Defendant is sentenced to 6 months imprisonment, 3 years supervised release, a fine of $4,000 and a special assessment of $100. Defendant is to surrender by 2:00 p.m. on January 4, 2011. (Court Reporter Steve Griffing). (ja); Modified on 10/22/2010 (bw).
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| 95 |
Filed: 10/20/2010, Entered: 10/20/2010 |
Endorsed Letter |
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ENDORSED LETTER as to Marcos Caio addressed to Judge P. Kevin Castel from Richard A. Rehbock dated 10/19/2010 re: Counsel writes to submit the Sentence Memorandum with Exhibits files on behalf on Marcos Caio who is scheduled for sentence on 10/21/2010 at 2:30 PM. ENDORSED: I see no information in the sentencing memorandum that warrants sealing. File on ECF. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/20/2010)(ab)
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Request |
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Filed: None, Entered: None |
Payment of Fine |
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Payment of Fine from Steve Alfisi in the amount of $100.00. Date Received: 10/19/10. (mn)
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| 94 |
Filed: 10/15/2010, Entered: 10/15/2010 |
Order |
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ORDER OF FORFEITURE: As to Steve Alfisi re: [93] Judgment. For the reasons set forth in this Order, NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. As a result of the offense charged in Count Twelve of the Indictment, to which the defendant pled guilty, a money judgment in the amount of $125,000.00 shall be entered against the defendant, as part of his criminal sentence, for which he is liable. 2. Pursuant to Rule 32.2(b) (4) (A) of the Federal Rules of Criminal Procedure, this Order of Forfeiture is final as to the defendant and is deemed part of the sentence of the defendant and shall be included in the judgment of conviction therewith. 3. Pursuant to Rule 32.2(b) (3) of the Federal Rules of Criminal Procedure, upon entry of this Order of Forfeiture the United States Attorney's Office is authorized to conduct any discovery needed to identify, locate or dispose of the property, including depositions, interrogatories, requests for production of documents and the issuance of subpoenas, pursuant to Rule 45 of the Federal Rules of civil Procedure. 4. All payments on the outstanding money judgment shall be made by postal money order, bank or certified check, made payable, in this instance to the "United States Marshals Service," and delivered by mail to the United States Attorney's Office, Southern District of New York, Attn: Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007. 5. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Federal Rule of Criminal Procedure 32.2(e). 6. The Clerk of the Court shall forward three certified copies this Order to Assistant United States Attorney Sharon Cohen Levin, One St. Andrew's Plaza, New York, New York 10007. (Signed by Judge P. Kevin Castel on 10/15/2010)(dnd)
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Request |
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| 93 |
Filed: 10/15/2010, Entered: 10/15/2010 |
Judgment* |
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JUDGMENT as to Steve Alfisi (3), Count 12s, Imprisonment: 8 Months; Supervised Release: 3 Years. The court makes the following recommendations to the Bureau of Prisons: Defendant be incarcerated at the Otisville Camp to facilitate family visits. The defendant shall surrender to the United States Marshal for this district at 2:00 p.m. on 11/30/2010. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. The defendant shall cooperate in the collection of DNA as directed by the probation officer. The defendant is to adhere to the Special Conditions of Supervision as indicated on page 4 of this document. The defendant is to pay an assessment fee of $100.00 as a lump sum payment due immediately. The defendant is to pay a fine in the amount of $7,000.00 in full 90 days following the date of sentencing. (Signed by Judge P. Kevin Castel on 10/15/2010)(dnd)
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Request |
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Filed: None, Entered: None |
Judgment Entered in Money Book |
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Judgment entered in money judgment book as #10,1828 as to Steve Alfisi in the amount of $ 7100, re: [93] Judgment. (Conroy, Brendon)
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Filed: None, Entered: None |
Status Conference |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Status Conference as to Steve Alfisi held on 10/15/2010. Defendant Steve Alfisi w/attys Gerald Shargel and Ross Kramer. AUSA Daniel Goldman present. Court Reporter: Joanne Mancari. Defendant is sentenced to 8 months imprisonment, 3 years supervised release, forfeiture ordered in the amount of $125,000, fine in the amount of $7,000 and a special assessment of $100. Defendant is to surrender to the designated institution or, none designated, to the U.S. Marshal for this district on November 30, 2010 at 2:00 p.m. (jw)
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Filed: None, Entered: None |
Dismissal of Counts on Government Motion |
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DISMISSAL OF COUNTS on Government Motion as to Steve Alfisi (3) Count 1,1s,2,2s,7,7s,8,8s,9,9s,10,10s,12. (dnd)
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Filed: None, Entered: None |
Sentencing |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 10/15/2010 for Steve Alfisi (3) Count 12s. (dnd)
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| 92 |
Filed: 10/4/2010, Entered: 10/5/2010 |
Transcript |
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TRANSCRIPT of Proceedings as to Arthur Nigro, Fotios Geas, Emilio Fusco, Ty Geas held on 8/26/2010 before Judge P. Kevin Castel. (jn)
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Request |
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| 91 |
Filed: 10/4/2010, Entered: 10/5/2010 |
Transcript |
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TRANSCRIPT of Proceedings as to Arthur Nigro, Fotios Geas, Emilio Fusco, Ty Geas held on 8/26/2010 before Judge P. Kevin Castel. (jn)
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Request |
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| 90 |
Filed: 9/30/2010, Entered: 9/30/2010 |
Endorsed Letter |
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ENDORSED LETTER as to Emilio Fusco, addressed to Judge Castel, from William I. Aronwald, atty for dft, dated 9/29/2010, re: request to adjourn the 12/23/2010 conference. My client, Emilio Fusco is still in Italy pending the govt's extradition request. It is extremely unlikely that he will be ordered extradited by December 23, 2010. -- Judge endorsed: Conference adjourned from Dec. 23, 2010 to January 6, 2011 at 11 a.m. SO ORDERED. ( Pretrial Conference set for 1/6/2011 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 9/30/2010)(ja)
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Request |
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| 89 |
Filed: 9/30/2010, Entered: 9/30/2010 |
Endorsed Letter |
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ENDORSED LETTER as to Fotios Geas, addressed to Judge Castel, from Harvey Fishbein, atty for dft, dated 9/22/2010, re: my and Fred Cohn's representation of Fotios Geas.... request that I be authorized to employ my paralegal, Jared Mauskopf, to assist us, and ask that I be allowed to bill his time at $65.00 hour.... -- Judge endorsed: I will allow the use of a third paralegal at $65 per hour not to exceed 1.50 hours. This, together with two lawyers, ought to be more than sufficient. I do not anticipate granting further requests for additional lawyers, paralegals, assistants, secretaries or other personnel. Nor do I anticipate presently granting additional hours. Please use the approved time judiciously. Submit appropriate vouchers. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/29/2010)(ja) (Main Document 89 replaced on 9/30/2010) (ja). (ja).
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Request |
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| 88 |
Filed: 9/30/2010, Entered: 9/30/2010 |
Judgment* |
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FILED JUDGMENT IN A CRIMINAL CASE as to James Coumoutsos (5), Count(s) 12 is dismissed on the motion of the U.S. The defendant pleaded guilty to Count(s) 12s, Imprisonment: 10 months. The Court recommends to the Bureau of Prisons that the defendant receive credit towards this sentence from March 11, 2010 up to and including today. The defendant is remanded to the custody of the U.S. Marshal. Supervised Release: 3 years. SA: $100.00. (Signed by Judge P. Kevin Castel on 9/29/2010)(ja)
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Request |
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| 87 |
Filed: 9/30/2010, Entered: 9/30/2010 |
Sealed Document + |
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SEALED DOCUMENT placed in vault. (nm)
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Filed: None, Entered: None |
Judgment Entered in Money Book |
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Judgment entered in money judgment book as #10,1707 as to James Coumoutsos in the amount of $ 100.00, re: [88] Judgment. (dt)
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Filed: None, Entered: None |
Dismissal of Counts on Government Motion |
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DISMISSAL OF COUNTS on Government Motion as to James Coumoutsos (5) Count 12. (ja)
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Filed: None, Entered: None |
Sentencing |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Sentencing held on 9/29/2010 for James Coumoutsos (5) Count 12s. (ja)
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| 86 |
Filed: 9/13/2010, Entered: 9/13/2010 |
Notice of Attorney Appearance - Defendant |
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NOTICE OF ATTORNEY APPEARANCE: Lee Alan Ginsberg appearing for Ty Geas. (Ginsberg, Lee)
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Request |
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| 85 |
Filed: 9/8/2010, Entered: 9/8/2010 |
Transcript |
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TRANSCRIPT of Proceedings (Arraignment) as to Arthur Nigro, Fotios Geas held on 7/26/2010 before Judge P. Kevin Castel. (ja)
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Request |
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| 84 |
Filed: 8/27/2010, Entered: 9/7/2010 |
Endorsed Letter |
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ENDORSED LETTER as to (S4-09-Cr-1239-10) Ty Geas addressed to Judge P. Kevin Castel from Attorney Bobbi C. Sternheim dated August 12, 2010 re: submitted to request the following on behalf of Ty Geas: 1) Appointment of Mitigation Specialist CHARLES S. LANIER, at the rate of $100 per hour; 2) Appointment of Investigator JOSEPH P. DWYER, Investigative Reource Group, Inc., at the rate of $90 per hour. Mr. Dwyer has been appointed by several district courts within New York State in death-eligible and non-capital cases. The Honorable Nicholas G. Garaufis appointed Mr. Dwyer as investigator for my client Abubakr Abdul Raheem in United States v. Bryant, et al. 04Cr.706(DGT). ENDORSEMENT: Approves as to Joseph Dwyer as to 100 hours. So Ordered. (Signed by Judge P. Kevin Castel on 8/26/2010)(bw)
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Request |
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Filed: None, Entered: None |
Oral Order |
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ORAL ORDER as to (S2-09-Cr-1239-) Arthur Nigro (1), Fotios Geas (7), Emilio Fusco (9), Ty Geas (10). Time excluded from 8/26/2010 until 3/8/2011. Jury Trial set for 3/8/2011 at 10:00 AM before Judge P. Kevin Castel. Pretrial Conference set for 12/8/2010 at 11:00 AM before Judge P. Kevin Castel. (bw)
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Filed: None, Entered: None |
Pretrial Conference |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Pretrial Conference as to (S2-09-Cr-1239-) Arthur Nigro (1), Fotios Geas (7), Emilio Fusco (9)-not present, Ty Geas (10) held on 8/26/2010. Defendant Arthur Nigro (custody) w/atty Murray Richman. Defendant Fotios Geas w/atty Frederick Cohn and Harvey Fishbein. Defendant Ty Geas w/atty Zoe Dolan (in courtroom) and on telephone, atty Bobbi Sternheim. Defendant Emilio Fusco (not present) - attorney William Aronwald present. AUSAs, Mark Lanpher, Elie Honig and Daniel Goldman present. Court Reporter: Steven Greenblum. Next conference is scheduled for December 8, 2010 at 11:00 a.m. Trial is adjourned to March 8, 2011 at 10:00 a.m. Time is excluded until March 8, 2011. Defendants are remanded into custody. (bw)
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| 83 |
Filed: 8/18/2010, Entered: 8/19/2010 |
Transcript |
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TRANSCRIPT of Proceedings as to Marcos Caio, George Coumoutsos held on 7/12/2010 before Judge P. Kevin Castel. (jw)
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Request |
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| 82 |
Filed: 8/18/2010, Entered: 8/18/2010 |
Notice of Attorney Appearance - Defendant |
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NOTICE OF ATTORNEY APPEARANCE: William I. Aronwald appearing for Emilio Fusco. (Aronwald, William)
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Request |
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| 81 |
Filed: 8/17/2010, Entered: 8/17/2010 |
Endorsed Letter |
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ENDORSED LETTER: As to Ty Geas addressed to Judge P. Kevin Castel from Bobbi C. Sternheim dated 8/16/2010. With the consent of Ty Geas and upon notice to the government, I respectfully request permission to appear telephonically at the conference scheduled for August 26, 2010 to address the matter of adjournment of the trial or severance. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald for Judge P. Kevin Castel on 8/17/2010)(dnd)
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Request |
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| 80 |
Filed: 8/16/2010, Entered: 8/16/2010 |
Letter |
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Letter by (S4-09-Cr-1239-10) Ty Geas addressed to Judge P. Kevin Castel from Attorneys Frederick H. Cohn, Harvey Fishbein dated August 9, 2010 re: At the moment, based on the discovery we have already received, in terms of substantive motions we have none.... We, of course, respectfully reserve the right to make severance motions. (bw)
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Request |
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| 79 |
Filed: 8/16/2010, Entered: 8/16/2010 |
Endorsed Letter |
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ENDORSED LETTER as to (S4-09-Cr-1239-) Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas addressed to Judge P. Kevin Castel from Attorney Bobbi C. Sternheim, counsel for defendant Ty Geas, dated August 12, 2010 re: The purpose of this letter is to inform the Court of the scope of representation necessary to provide Mr. Geas with adequate representation. As required by stature, learned counsel will need to be appointed for Mr. Geas. His defense will also require appointment of a mitigation specialist and an investigator. Requests for appointment are pending Court approval.... I write to respectfully request that the Court reschedule the trial for all defendants. Alternatively, I request a severance for Ty Geas and a trial date in 2011. ENDORSEMENT: I will take up the matter of adjournment or severance at the next conference which is for ALL DEFENDANTS ON AUGUST 26, 2010 AT 2:30 P.M. Mr. Sternheim should consult with Leonard Joy regarding the appointment of learned counsel as additional counsel in the case. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/16/2010)(bw)
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Request |
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| 78 |
Filed: 8/13/2010, Entered: 8/16/2010 |
Order |
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ORDER: As to Arthur Nigro. THIS MATTER having been opened to the Court upon the application of counsel for defendant Arthur Nigro for the appointment of mitigation specialist, Erik Mercer, LCSW and the Court having considered the application and all documents submitted thereon, and for good cause shown; IT IS on this 13 day of August 2010 ORDERED, that Erik Mercer, LCSW is hereby appointed as mitigation specialist for defendant Arthur Nigro with compensation therefore being the subject of a separate order of this court. (Signed by Judge Laura Taylor Swain Part I on 8/13/2010)(dnd)
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Request |
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| 77 |
Filed: 8/13/2010, Entered: 8/16/2010 |
Order |
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ORDER: As to Ty Geas. The Court having granted application by Bobbi C. Sternheim, Esq., for appointment of mitigation specialist Charles S. Lanier, Ph.D. to assist in defense of Ty Geas, IT IS HEREBY ORDERED that the Metropolitan Detention Center is directed to permit Dr. Lanier to meet with defendant Ty Geas, Reg. No. 05245-748, as needed, in connection with the above-captioned case. (Signed by Judge Laura Taylor Swain Part I on 8/13/2010)(dnd)
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Request |
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| 76 |
Filed: 8/12/2010, Entered: 8/12/2010 |
Notice of Attorney Appearance - Defendant |
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NOTICE OF ATTORNEY APPEARANCE: Zoe Jayde Dolan appearing for Ty Geas. (Dolan, Zoe)
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Request |
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| 75 |
Filed: 8/12/2010, Entered: 8/12/2010 |
Endorsed Letter |
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ENDORSED LETTER as to (S4-09-Cr-1239-10) Ty Geas addressed to Judge P. Kevin Castel from Attorney Bobbi C. Sternheim dated 8/11/2010 re: I write to request the following on behalf of Ty Geas: Appointment of Lee Ginsburg, Esq. as learned counsel, at the rate of $178 per hour; Appointment of Zoe Dolan, Esq. as associate counsel pursuant to this Court's Mentor Program, at the rate of $90 per hour; Appointment of a Mitigation Specialist and an Investigator. I am in the process of contacting individuals and will provide their names as promptly as possible. ENDORSEMENT: Application granted in all respects. So Ordered. (Signed by Judge Naomi Reice Buchwald on 8/12/2010)(bw)
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Request |
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| 74 |
Filed: 8/12/2010, Entered: 8/12/2010 |
Transcript |
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TRANSCRIPT of Proceedings as to (09-Cr-1239-06) George Coumoutsos held on July 19, 2010 3:04 p.m. before Judge P. Kevin Castel. (bw)
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Request |
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| 73 |
Filed: 8/12/2010, Entered: 8/12/2010 |
Transcript |
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TRANSCRIPT of Proceedings as to (09-Cr-1239-03) Steve Alfisi held on July 19, 2010 3:31 p.m. before Judge P. Kevin Castel. (bw)
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Request |
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| 71 |
Filed: 8/11/2010, Entered: 8/11/2010 |
Notice of Attorney Appearance - Defendant |
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NOTICE OF ATTORNEY APPEARANCE: Bobbi C Sternheim appearing for Ty Geas. (Sternheim, Bobbi)
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Request |
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| 70 |
Filed: 8/10/2010, Entered: 8/10/2010 |
Notice of Attorney Appearance - Defendant |
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NOTICE OF ATTORNEY APPEARANCE: F. Michael Joseph appearing for Felix Tranghese. (jar)
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Request |
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| 72 |
Filed: 8/9/2010, Entered: 8/11/2010 |
Financial Affidavit-CJA 23 |
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CJA 23 Financial Affidavit by Ty Geas. (Signed by Judge Magistrate Judge Debra C. Freeman) (jw)
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Request |
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Filed: None, Entered: None |
Remark |
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Medical Attention Form as to Ty Geas. Deft has an eye condition and was suppose to have some type of procedure - please examine and evaluate as appropriate. (jw)
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Filed: None, Entered: None |
Plea Entered |
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Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Plea entered by Ty Geas (10) Count 1-2,3-4,5,6-7 Not Guilty. (jw)
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Filed: None, Entered: None |
Arraignment |
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Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman:Arraignment on Disposition Sheet as to Ty Geas (10) Count 1-2,3-4,5,6-7 held on 8/9/2010. Deft present with atty Bobbie Sternheim. AUSA Mark Lanpher present. Deft arraigned and plea of not guilty on counts 1-7 of the S4 Indictment. Time excluded to 8/26 (conference before J. Castel) on the counts understanding that time has already been exclude as to co-defendants on underlying indictment. (jw)
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Filed: None, Entered: None |
Initial Appearance |
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Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman:Initial Appearance on Disposition Sheet as to Ty Geas held on 8/9/2010. Deft present with atty Bobbie Steinheim. AUSA Mark Lanpher present. Detention on consent without prejudice. (jw)
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Filed: None, Entered: None |
Arraignment |
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Minute Entry for proceedings held before Magistrate Judge James C. Francis:Arraignment as to Felix Tranghese (8) held on 8/4/2010. Defendant present with attorney Michael Joseph. AUSA Dan Golden present for the government. Defendant arraigned on Counts 1-2, 3, 5, 6-7, 13, of the filed Indictment. (dnd)
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Filed: None, Entered: None |
Initial Appearance |
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Minute Entry for proceedings held before Magistrate Judge James C. Francis: Initial Appearance as to Felix Tranghese held on 8/4/2010. Defendant present with retained attorney Michael Jopseph. AUSA's Dan Golden and Elie Honig present for the government. Defendant arrested on 7/30/2010 and presented to this court on 8/4/2010 at 4:10 p.m. for a Rule 9 proceeding. Pre-trial report waived. Defendant detained on consent without prejudice. Pre-trial conference scheduled for 8/26/2010 (dnd).
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| 69 |
Filed: 8/3/2010, Entered: 8/3/2010 |
Order |
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ORDER as to Arthur Nigro: It is hereby ORDERED that pursuant to 18 USC 3005, Carl J Herman, Esq. is appointed to provide services as counsel learned in the law of capital cases to assist Murry Richman, Esq. **Added attorney Carl J. Herman for Arthur Nigro. (Signed by Judge P. Kevin Castel on 8/3/2010)(ab)
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Request |
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| 68 |
Filed: 7/30/2010, Entered: 7/30/2010 |
Notice of Attorney Appearance - USA |
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NOTICE OF ATTORNEY APPEARANCE Daniel Sachs Goldman appearing for USA. (Goldman, Daniel)
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Request |
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| 67 |
Filed: 7/30/2010, Entered: 7/30/2010 |
Notice of Attorney Appearance - USA |
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NOTICE OF ATTORNEY APPEARANCE Elie Honig appearing for USA. (Honig, Elie)
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Request |
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Filed: None, Entered: None |
Arrest |
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Arrest of Felix Tranghese. (dnd)
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| 61 |
Filed: 7/27/2010, Entered: 7/27/2010 |
Endorsed Letter |
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ENDORSED LETTER as to Arthur Nigro, Fotios Geas addressed to Judge Castel from Frederick H. Cohn dated 7/22/2010 re: You have authorized my use of para legals in my office, one of whom was Matthew Wright. This letter advises you that Mr. Wright has left my employ and has been replaced on salaried staff by Shana Knizhnik. It is my application that the substation be allowed at the same rates as previously authorized. A copy of your prior authorization is enclosed for easy reference...ENDORSEMENT...Substitution granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/26/2010)(jw)
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Request |
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Filed: None, Entered: None |
Oral Order |
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ORAL ORDER as to (S4-09-Cr-1239) Arthur Nigro (1), Fotios Geas (7). Pretrial Conference set for 8/26/2010 at 02:30 PM before Judge P. Kevin Castel. (bw)
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Filed: None, Entered: None |
Plea Entered |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Plea (on S4-09-Cr-1239) entered by Arthur Nigro (1) Count 1ss-2ss,3ss,5ss,6ss-7ss,8ss-9ss,10ss-11ss,12ss,13ss; and Fotios Geas (7) Count 1s-2s,3s-4s,5s,6s-7s,13s --- Not Guilty. (bw)
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Filed: None, Entered: None |
Arraignment |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Arraignment (S4-09-Cr-1239) as to Arthur Nigro (1) Count 1ss-2ss,3ss,5ss,6ss-7ss,8ss-9ss,10ss-11ss,12ss,13ss and Fotios Geas (7) Count 1s-2s,3s-4s,5s,6s-7s,13s held on 7/26/2010. Defendant (1) Arthur Nigro present w/atty Murray Richman; Defendant (7) Fotios Geas present w/atty Frederick Cohn and Harvey Fishbein. AUSA Mark Lanpher present. Joy Adam - FBI present. Court Reporter: Martha Drevis. Defendant Nigro and Defendant Geas plead not guilty to a superseding indictment (S4). Next conference is scheduled for August 26, 2010 at 2:30 pm. Defendants are remanded into custody. (bw)
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| 62 |
Filed: 7/23/2010, Entered: 7/29/2010 |
Order to Unseal Indictment |
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Order to Unseal Indictment as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas, Felix Tranghese, Emilio Fusco, Ty Geas. ORDERED that the Indictment (S4 09 Cr. 1239) in the above-captioned action be unsealed and remain unsealed pending further order of the Court. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/23/2010)(jw)
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Request |
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| 60 |
Filed: 7/21/2010, Entered: 7/21/2010 |
Sealed Document + |
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SEALED DOCUMENT placed in vault. (nm)
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| 59 |
Filed: 7/21/2010, Entered: 7/21/2010 |
Sealed Document + |
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SEALED DOCUMENT placed in vault. (nm)
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| 63 |
Filed: 7/20/2010, Entered: 7/29/2010 |
Indictment |
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(S4) SUPERSEDING INDICTMENT FILED as to Arthur Nigro (1) count(s) 1ss-2ss, 3ss, 5ss, 6ss-7ss, 8ss-9ss, 10ss-11ss, 12ss, 13ss, Fotios Geas (7) count(s) 1s-2s, 3s-4s, 5s, 6s-7s, 13s, Felix Tranghese (8) count(s) 1-2, 3, 5, 6-7, 13, Emilio Fusco (9) count(s) 1-2, 6-7, 13, Ty Geas (10) count(s) 1-2, 3-4, 5, 6-7. (jw)
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Request |
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Filed: None, Entered: None |
Oral Order |
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ORAL ORDER as to Steve Alfisi: Sentencing set for 10/15/2010 at 02:30 PM before Judge P. Kevin Castel. (ab)
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Filed: None, Entered: None |
Plea Entered |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Plea entered by Steve Alfisi (3) Guilty as to Count 12s. (ab)
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Filed: None, Entered: None |
Status Conference |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Plea Hearing as to Steve Alfisi held on 7/19/2010. Defendant Steve Alfisi with attorney Ross Kramer. AUSA Mark Lanpher present. Court Reporter: Karen Gorlaski. Defendant pleads guilty to Count 12 of the S2 Indictment. Sentencing is scheduled for October 15, 2010 at 2:30 pm. Defendant admits forfeiture allegations in paragraphs 47 and 48 of the S2 Indictment. Defendant bail conditions continue. (ab)
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Filed: None, Entered: None |
Oral Order |
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ORAL ORDER as to George Coumoutsos: Sentencing set for 11/5/2010 at 12:00 PM before Judge P. Kevin Castel. (ab) Modified on 9/30/2010 (ae).
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Filed: None, Entered: None |
Plea Entered |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Plea entered by George Coumoutsos (6) Guilty as to Count 12s. (ab)
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Filed: None, Entered: None |
Status Conference |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Plea Hearing as to George Coumoutsos held on 7/19/2010. George Coumoutsos (out on bail) present with attorney Lawrence DiGiansante. AUSA Mark Lanpher present. Joy Adam - FBI present. Court Reporter: Karen Gorlaski. Defendant pleads guilty to Count 12 of the S2 Indictment. Sentencing is scheduled for November 12, 2010 at 12:00 pm. Defendant bail conditions continue. (ab)
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| 58 |
Filed: 7/12/2010, Entered: 7/12/2010 |
Notice of Attorney Appearance - Defendant |
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NOTICE OF ATTORNEY APPEARANCE: Harvey Fishbein appearing for Fotios Geas. (Fishbein, Harvey)
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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 P. Kevin Castel: Plea entered by Marcos Caio (4) Guilty as to Count 12s. (Court Reporter Steven Griffing) (ja)
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Filed: None, Entered: None |
Change of Not Guilty Plea |
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Change of Not Guilty Plea to Guilty Plea as to Marcos Caio (4) Count 12s. (ja)
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Filed: None, Entered: None |
Change of Plea Hearing |
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Minute Entry for proceedings held before Judge P. Kevin Castel:Change of Plea Hearing as to Marcos Caio held on 7/12/2010 - 2:45 pm, duration 35 minutes before Judge P. Kevin Castel: Defendant present with attorney Richard Rehbock. AUSA Mark Lanpher present with FBI Agent Joy Adam. Court Reporter: Steven Griffing. Plea entered by Marcos Caio (4) Guilty as to Count 12s of the S2 Superseding Indictment. Defendant remains on bail. ( Sentencing set for 10/21/2010 at 02:30 PM before Judge P. Kevin Castel.) (ja)
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Filed: None, Entered: None |
Oral Order |
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ORAL ORDER as to (S2-09-Cr-1239-05) James Coumoutsos. Sentencing set for 9/29/2010 at 11:00 AM before Judge P. Kevin Castel. (bw)
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Filed: None, Entered: None |
Plea Entered |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Plea entered by (S2-09-Cr-1239-) James Coumoutsos (5) Guilty as to Count 12s. (bw)
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Filed: None, Entered: None |
Status Conference |
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Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference (Plea) as to (S2-09-Cr-1239-05) James Coumoutsos held on 7/12/2010 at 2:45 pm, duration 35 minutes. Defendant present with attorney Bennett M. Epstein. AUSA Mark Lanpher present with FBI Agent Joy Adam. Court Reporter: Steven Griffing. Defendant pleads guilty to Count 12 of the Indictment. Sentencing scheduled for September 29, 2010 at 11:00 a.m. Defendant remanded into custody. (ajc); Modified on 9/30/2010 (bw).
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Filed: None, Entered: None |
Set Hearings |
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Minute Entry for proceedings held before Judge P. Kevin Castel: As to Marcos Caio; Sentencing set for 10/21/2010 at 02:30 PM before Judge P. Kevin Castel. (ajc)
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| 57 |
Filed: 7/1/2010, Entered: 7/1/2010 |
Endorsed Letter |
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ENDORSED LETTER as to (S2-09-Cr-1239-) Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas addressed to Judge P.Kevin Castel from Attorney Harvey Fishbein, counsel for defendant Fotios Geas, dated June 30, 2010 re: In view of the fact that the Government believes the Superseding Indicment will alter the case in substantial ways, Mr. Geas respectfully requests that defense motions be held in abeyance and that the motion schedule be discussed on July 26, 2010. ENDORSEMENT: Application granted as to all defendants. Motions to be filed on a schedule set at the July 26 conference. So Ordered. (Signed by Judge P. Kevin Castel on 7/1/2010)(bw)
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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 Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas: Terminated Motions Deadline 06/08/2010, Response Deadline 06/25/2010, Reply Deadline 07/13/2010, Motion Deadline 07/12/2010, Motion deadline 07/14/2010. (bw)
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| 56 |
Filed: 6/21/2010, Entered: 6/21/2010 |
Notice of Attorney Appearance - Defendant |
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NOTICE OF ATTORNEY APPEARANCE: Frederick Harvey Cohn appearing for Fotios Geas. (Cohn, Frederick)
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Request |
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| 55 |
Filed: 6/8/2010, Entered: 6/8/2010 |
Endorsed Letter |
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ENDORSED LETTER as to Fotios Geas addressed to Judge Kevin Castel from Frederick H. Cohn and Harvey Fishbein dated 6/4/2010 re: Counsel writes to request that both Mr. Cohn and Mr. Fishbein be kept on the case. Endorsement: Given the magnitude of the case, the ability of Messrs. Cohn and Fishbein to effectively coordinate their efforts to avoid duplication, I will appoint Messrs. Cohn and Fishbein to represent Mr. Geas under the CJA. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/7/2010)(ab)
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Request |
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| 54 |
Filed: 6/8/2010, Entered: 6/8/2010 |
Endorsed Letter |
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ENDORSED LETTER as to Fotios Geas addressed to Judge Kevin Castel from Frederick H. Cohn dated 6/4/2010 re: Counsel has been informed that the Court has extended the motion date for some of the defendants to 7/14/2010. We respectfully request a congruent extension. The Government does not oppose this application.Endorsed: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/7/2010)(ab)
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Request |
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| 53 |
Filed: 6/8/2010, Entered: 6/8/2010 |
Transcript |
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TRANSCRIPT of Proceedings as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas held on May 6, 2010 12:15 p.m. before Judge P. Kevin Castel. (ajc)
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Request |
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| 52 |
Filed: 6/7/2010, Entered: 6/7/2010 |
Letter |
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Letter by USA as to Arthur Nigro, Anthony Arillotta, Steve Alfisi, Marcos Caio, James Coumoutsos, George Coumoutsos, Fotios Geas addressed to Judge Kevin Castel from Mark Lanpher dated 6/2/2010 re: The Government respectfully submits this letter to inform the Court that the United States Attorney's Office will not seek the death penalty as to defendant Fotios Geas for the charges contained in the above-referenced Indictment. The decision as to whether to seek the death penalty against defendant Arthur Nigro remains pending. (ab)
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Request |
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