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Pacer update 12 Aug 16 - USA v. Winick et al CRIMINAL DOCKET FOR CASE #: 1:13-cr-00452-WFK-1

https://ecf.nyed.uscourts.gov/cgi-bin/iquery.pl

1:13-cr-00452-ENV USA v. Winick et al -
1:13-cr-00452-ENV-1 Sandy Winick
1:13-cr-00452-ENV-2 Gregory Curry
1:13-cr-00452-ENV-3 Kolt Curry
1:13-cr-00452-ENV-4 Gregory Ellis
1:13-cr-00452-ENV-5 Gary Kershner
1:13-cr-00452-ENV-6 Joseph Manfredonia
1:13-cr-00452-ENV-7 Cort Poyner
1:13-cr-00452-ENV-8 Songkram Roy Sahachaisere
1:13-cr-00452-ENV-9 William Seals


Date Filed # Docket Text

08/12/2016 422 JUDGMENT as to Cort Poyner (7), Count(s) 1, 19, 19s, 2, 2s, 4-13, 4s-13s, DISMISSED ON GOVT'S MOTION.; Count(s) 1s, IMPRISONMENT: No Imprisonment; PROBATION: 3 YEARS. The Deft is to be on the least restrictive reporting requirements. ADDITIONAL PROBATION TERMS IMPOSED. SPECIAL ASSESSMENT: $100.00; NO FINE; RESTITUTION: $247,696.15. Dismissed Charges: Open Counts and Indictment.(Ordered by Judge Eric N. Vitaliano on 8/11/2016) c/m (Galeano, Sonia) (Additional attachment(s) added on 8/12/2016: # 1 Appendix Loss Amounts from RSGR) (Marziliano, August). (Entered: 08/12/2016)

08/11/2016 ORDER as to Sandy WinickOn 4/21/2016, defendant Sandy Winick filed a letter motion under seal 393 requesting that the courtroom be closed to the public during the sentencing hearing in United States v. Winick. On 6/17/2016, the government submitted, under seal, its letter motion in opposition 414 . Having reviewed the parties submissions, the Court hereby ORDERS a public hearing to take place on 8/17/2016 at 11:00 AM in Courtroom 4C South before Judge Eric N. Vitaliano.Ordered by Judge Eric N. Vitaliano on 8/11/2016. (Simeone, Julie) (Entered: 08/11/2016)

08/05/2016 419 SENTENCING MEMORANDUM by USA as to Gary Kershner (Shweder, Sylvia) (Entered: 08/05/2016)

08/05/2016 418 SENTENCING MEMORANDUM by USA as to Gary Kershner (Shweder, Sylvia) (Entered: 08/05/2016)

08/05/2016 417 SENTENCING MEMORANDUM by USA as to Songkram Roy Sahachaisere (Shweder, Sylvia) (Entered: 08/05/2016)

08/01/2016 416 SENTENCING MEMORANDUM by USA as to Songkram Roy Sahachaisere (Shweder, Sylvia) (Entered: 08/01/2016)

08/01/2016 415 SENTENCING MEMORANDUM by USA as to Songkram Roy Sahachaisere (Shweder, Sylvia) (Entered: 08/01/2016)


U.S. District Court
Eastern District of New York (Brooklyn)
CRIMINAL DOCKET FOR CASE #: 1:13-cr-00452-ENV All Defendants


Case title: USA v. Winick et al
Date Filed: 07/31/2013
Assigned to: Judge Eric N. Vitaliano

Defendant (1)
Sandy Winick
also known as
Jerry Sarrano
also known as
John Peter Smith
also known as
Abdiel Vergara
also known as
Robin Cheer
also known as
Glen Forman
also known as
Kyle Bendford
also known as
Stephen Thompson
represented by Richard H. Rosenberg
Richard H. Rosenberg
217 Broadway
Suite 707
New York, NY 10007
212-586-3838
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
Disposition
CONSPIRACY TO COMMIT SECURITIES FRAUD - The Penny Stock Scheme
(1)
CONSPIRACY TO COMMIT SECURITIES FUND - The Penny Stock Scheme
(1s)
Conspiracy to Commit Securities Fraud - the Penny Stock Scheme
(1ss)
CONSPIRACY TO COMMIT WIRE FRAUD - The Penny Stock Scheme
(2)
ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD
(2s)
Conspiracy to Commit Wire Fraud - the Penny Stock Scheme
(2ss)
CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme
(3)
CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme
(3s)
Conspiracy to Commit Wire Fraud - the Advance Fee Scheme
(3ss)
WIRE FRAUD - The Penny Stock Scheme
(4-13)
WIRE FRAUD - The Penny Stock Scheme
(4s-13s)
Wire Fraud - the Penny Stock Scheme
(4ss-13ss)
WIRE FRAUD - The Advance Free Scheme
(14-18)
WIRE FRAUD - The Advance Fee Scheme
(14s-18s)
Wire Fraud - the Advance Fee Scheme
(14ss-18ss)
SECURITIES FRAUD- RSGR
(19s)
Securities Fraud - RSGR
(19ss)
SECURITIES FRAUD - FOYJ
(20)
SECURITIES FRAUD - FOYJ
(20s)
Securities Fraud - FOYJ
(20ss)
SECURITIES FRAUD - TMHO
(21)
SECURITIES FRAUD - TMHO
(21s)
Securities Fraud - TMHO/FDHC
(21ss)
SECURITIES FRAUD - WGIH
(22)
SECURITIES FRAUD - WGIH
(22s)
Securities Fraud - WGIH
(22ss)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan"
(23)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan"
(23s)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers"
(24)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers"
(24s)
False Impersonation of an Officer and Employee of the United States - Trevor Duncan
(26ss)
False Impersonation of an Officer and Employee of the United States - Daniel Summers
(27ss)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Eric N. Vitaliano

Defendant (2)
Gregory Curry
represented by Charles Samuel Hochbaum
Charles S. Hochbaum, P.C.
16 Court Street, Suite 1800
Brooklyn, NY 11241
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
Disposition
CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme
(3)
CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme
(3s)
WIRE FRAUD - The Advance Free Scheme
(14-18)
WIRE FRAUD - The Advance Fee Scheme
(14s-18s)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan"
(23)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan"
(23s)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers"
(24)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers"
(24s)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Eric N. Vitaliano

Defendant (3)
Kolt Curry
TERMINATED: 03/18/2016
also known as
Michael East
TERMINATED: 03/18/2016
represented by Alan Baum
The Criminal Defense Group
4181 Sunswept Drive
100
Studio City, CA 91604
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Ashli S. McKeivier
The Criminal Defense Group
4181 Sunswept Drive
100
Studio City, CA 91604
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Mildred M. Whalen
Federal Defenders of New York, Inc.
One Pierrepont Plaza, 16th Floor
Brooklyn, NY 11201-4859
[phone]
Fax: [phone]
Email: [e-mail]
TERMINATED: 09/19/2013
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Stuart J. Grossman
108-18 Queens Boulevard
Forest Hills, NY 11375
718-520-8722
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Pending Counts
Disposition
CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme
(3s)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme
(3)
WIRE FRAUD - The Advance Free Scheme
(14-18)
WIRE FRAUD - The Advance Fee Scheme
(14s-18s)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan"
(23)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan"
(23s)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers"
(24)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers"
(24s)

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None
Assigned to: Judge Eric N. Vitaliano

Defendant (4)
Gregory Ellis
represented by Jonathan Marks
Jonathan Marks, P.C.
535 5th Avenue
35th floor
New York, NY 10017
212-883-0288
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
Disposition
CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme
(3)
CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme
(3s)
WIRE FRAUD - The Advance Free Scheme
(14-18)
WIRE FRAUD - The Advance Fee Scheme
(14s-18s)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan"
(23)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan"
(23s)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers"
(24)
FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers"
(24s)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Eric N. Vitaliano

Defendant (5)
Gary Kershner
represented by Lawrence A. Dubin
401 Broadway,
Suite 306
New York, NY 10013
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Lee Ginsberg
Freeman, Nooter & Ginsberg
75 Maiden Lane, Suite 503
New York, NY 10038
212-608-0808
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
Disposition
CONSPIRACY TO COMMIT SECURITIES FRAUD - The Penny Stock Scheme
(1)
CONSPIRACY TO COMMIT SECURITIES FUND - The Penny Stock Scheme
(1s)
Conspiracy to Commit Securities Fraud - the Penny Stock Scheme
(1ss)
CONSPIRACY TO COMMIT WIRE FRAUD - The Penny Stock Scheme
(2)
ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD
(2s)
Conspiracy to Commit Wire Fraud - the Penny Stock Scheme
(2ss)
WIRE FRAUD - The Penny Stock Scheme
(4s-13s)
Wire Fraud - the Penny Stock Scheme
(4ss-5ss)
WIRE FRAUD - The Penny Stock Scheme
(6-7)
Wire Fraud - the Penny Stock Scheme
(6ss)
Wire Fraud - the Penny Stock Scheme
(7ss)
Wire Fraud - the Penny Stock Scheme
(8ss-13ss)
SECURITIES FRAUD - TMHO
(21)
SECURITIES FRAUD - TMHO
(21s)
Securities Fraud - TMHO/FDHC
(21ss)
SECURITIES FRAUD - WGIH
(22s)
Securities Fraud - WGIH
(22ss)
False Statement to the FBI
(24ss)
False Statement to the FBI
(25ss)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
WIRE FRAUD - The Penny Stock Scheme
(4-5) Dismissed by govt's motion.
WIRE FRAUD - The Penny Stock Scheme
(8-13) Dismissed on Govt's motion.
SECURITIES FRAUD - WGIH
(22) Dismissed on govt's motion.

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None
Assigned to: Judge Eric N. Vitaliano

Defendant (6)
Joseph Manfredonia
also known as
Maurizio
also known as
Richard
also known as
Panama Joe
also known as
Guillermo Mendoza
represented by Lawrence F. Ruggiero
Law Offices of Lawrence F. Ruggiero
167 East 61st Street
Suite 17E
New York, NY 10065
212-406-2910
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
Disposition
CONSPIRACY TO COMMIT SECURITIES FRAUD - The Penny Stock Scheme
(1)
CONSPIRACY TO COMMIT SECURITIES FUND - The Penny Stock Scheme
(1s)
CONSPIRACY TO COMMIT WIRE FRAUD - The Penny Stock Scheme
(2)
ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD
(2s)
WIRE FRAUD - The Penny Stock Scheme
(4-13)
WIRE FRAUD - The Penny Stock Scheme
(4s-13s)
SECURITIES FRAUD - RSGR
(19)
SECURITIES FRAUD- RSGR
(19s)
SECURITIES FRAUD - TMHO
(21)
SECURITIES FRAUD - TMHO
(21s)
SECURITIES FRAUD - WGIH
(22)
SECURITIES FRAUD - WGIH
(22s)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Eric N. Vitaliano

Defendant (7)
Cort Poyner
represented by Joseph Anthony Gentile
Frankie & Gentile, P.C.
1527 Franklin Avenue
Suite 104
Mineola, NY 11501
516-742-6590
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
Disposition
CONSPIRACY TO COMMIT SECURITIES FRAUD - The Penny Stock Scheme
(1) DISMISSED ON GOVT'S MOTION.
CONSPIRACY TO COMMIT SECURITIES FUND - The Penny Stock Scheme
(1s) IMPRISONMENT: No Imprisonment; PROBATION: 3 Years; SPECIAL ASSEMENT: $100.00; NO FINE; RESTITUTION: $247,696.15. Dismissed Charges: Open Counts and Indictment.
CONSPIRACY TO COMMIT WIRE FRAUD - The Penny Stock Scheme
(2) DISMISSED ON GOVT'S MOTION.
ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD
(2s) DISMISSED ON GOVT'S MOTION.
WIRE FRAUD - The Penny Stock Scheme
(4-13) DISMISSED ON GOVT'S MOTION.
WIRE FRAUD - The Penny Stock Scheme
(4s-13s) DISMISSED ON GOVT'S MOTION.
SECURITIES FRAUD - RSGR
(19) DISMISSED ON GOVT'S MOTION.
SECURITIES FRAUD- RSGR
(19s) DISMISSED ON GOVT'S MOTION.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Eric N. Vitaliano

Defendant (8)
Songkram Roy Sahachaisere
represented by Joel Mark Stein
Law Offices of Joel M. Stein, Esq.
30 Wall Street, 8th Floor
New York, NY 10005
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
Disposition
CONSPIRACY TO COMMIT SECURITIES FRAUD - The Penny Stock Scheme
(1)
CONSPIRACY TO COMMIT SECURITIES FUND - The Penny Stock Scheme
(1s)
Conspiracy to Commit Securities Fraud - the Penny Stock Scheme
(1ss)
CONSPIRACY TO COMMIT WIRE FRAUD - The Penny Stock Scheme
(2)
ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD
(2s)
Conspiracy to Commit Wire Fraud - the Penny Stock Scheme
(2ss)
WIRE FRAUD - The Penny Stock Scheme
(4-5)
WIRE FRAUD - The Penny Stock Scheme
(4s-13s)
Wire Fraud - the Penny Stock Scheme
(4ss-5ss)
Wire Fraud - the Penny Stock Scheme
(6ss-13ss)
SECURITIES FRAUD - RSGR
(19)
SECURITIES FRAUD- RSGR
(19s)
Securities Fraud - RSGR
(19ss)
Obstruction of the SEC Investigation - Investsource
(23ss)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
WIRE FRAUD - The Penny Stock Scheme
(6-7) Dismissed on govt's motion.
WIRE FRAUD - The Penny Stock Scheme
(8-13) Dismissed on govt's motion.

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None
Assigned to: Judge Eric N. Vitaliano

Defendant (9)
William Seals
TERMINATED: 05/05/2016
represented by Edward V. Sapone
Law Offices of Edward V. Sapone
40 Fulton Street
23rd Flr.
New York, NY 10038
212-349-9000
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
Disposition
CONSPIRACY TO COMMIT SECURITIES FUND - The Penny Stock Scheme
(1s)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
CONSPIRACY TO COMMIT SECURITIES FRAUD - The Penny Stock Scheme
(1)
CONSPIRACY TO COMMIT WIRE FRAUD - The Penny Stock Scheme
(2)
ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD
(2s)
WIRE FRAUD - The Penny Stock Scheme
(4-13)
WIRE FRAUD - The Penny Stock Scheme
(4s-13s)
SECURITIES FRAUD - RSGR
(19)
SECURITIES FRAUD- RSGR
(19s)

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None

Plaintiff
USA
represented by Christopher Allen Ott
United States Attorneys Office
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6154
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mark E. Bini
U.S. Attorney's Office- Eastern District of New York
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-8761
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Melanie Dyani Hendry
United States Attorney's Office
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6040
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Tyler Joseph Smith
United States Attorneys Office
Eastern District of New York
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6186
Email: [e-mail]
ATTORNEY TO BE NOTICED

Sylvia Shweder
United States Attorneys Office
271 Cadman Plaza East
Brooklyn, NY 11201
718-254-6092
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

https://ecf.nyed.uscourts.gov/cgi-bin/iquery.pl