Stocks n Drugs n FaceBook - USA v. Susser et al

[Jack47]

This is the story from Bradley Susser's own mouth in his new audiobook Disclaim & Disclose here https://www.audible.com/pd/Disclaim-and-Disclose-Audiobook/B07WP6HXT5?asin=B07WP6HXT5

[Jack47]

This is the story from Bradley Susser's own mouth in his new audiobook Disclaim & Disclose here https://www.audible.com/pd/Disclaim-and-Disclose-Audiobook/B07WP6HXT5?asin=B07WP6HXT5

[Alexulf]

About the QBL company; MMJ drugs is maybe the most exciting right now ! https://www.queenslandbauxite.com/about-1

Management; https://www.queenslandbauxite.com/management-1

Queensland Bauxite Limited also pursues additional investment opportunities, and has acquired a 55% shareholding in Medical Cannabis Limited, an Australian leader in the hemp and Cannabis industries. (Main shareholder in Control)

https://www.queenslandbauxite.com/mcl-medical-canabis-limited

Investor centre; https://www.queenslandbauxite.com/investor-centre

Invest ? https://www.queenslandbauxite.com/broker-research

[saba2005]

For anyone interested this is a quote from sussers sentencing memorandum from the prosecutor, I'm sure some might find interesting. It states and I quote

"While the fraud is committed using the anonymous medium of the market, and the Government does not assert that the defendant actively wished harm on any investors, the fact remains that the defendant had to know that unsuspecting investors could be hurt by the promotional campaigns he and other co-conspirators carried out."

This is a bit contradictory one would think since it states "there was no act to wish harm on any investors." Could be the reason why the is
overcriminaliztion in the United States. In fact according to the Libertarian news on June 5th, 2014 about 20 million people have a felony conviction in America.

I will lay odds this will become more of an issue as more and more people become adversely impacted by these numerous laws.

[saba2005]

Been awhile I can see nobody has been here in awhile

[allisonW]

Thomson Reuters Gives Elite Traders Early Advantage

A closely watched consumer confidence number that routinely moves markets upon release is accessed by an elite group of traders, for a fee, a full two seconds before its official release, according to a document obtained by CNBC.

A contract signed by Thomson Reuters, the news agency and data provider, and the University of Michigan, which produces the widely cited economic statistic, stipulates that the data will be posted on the web for the general public at 10 a.m. on the days it is released.

Five minutes before that, at 9:55 a.m., the data is distributed on a conference call for Thomson Reuters' paying clients, who are given certain headline numbers.

But the contract carves out an even more elite group of clients, who subscribe to the "ultra-low latency distribution platform," or high-speed data feed, offered by Thomson Reuters. Those most elite clients receive the information in a specialized format tailor-made for computer-driven algorithmic trading at 9:54:58.000, according to the terms of the contract. On occasion, they could get the data even earlier—the contract allows for a plus or minus 500 milliseconds margin of error.

the full article reviewed at this link
http://www.cnbc.com/id/100809395

[allisonW]

POLL From Yahoo
Former telecom analyst Jack Grubman, who was banned from the industry ten years ago, says Wall Street hasn't changed at all. What do you think?
It's changed for the better (720)

2%
I think things are a little more fair (2203)

7%
Wall Street's still an insider's game (29690) - your vote

91%

Thank you for voting!

Thought it was interesting

[allisonW]

Icahn vs. Ackman: Stay Away From Stocks Manipulated by the 1%, Says Munson

Shares of Herbalife (HLF) are up 20% in early trading after it was revealed late yesterday that billionaire investor Carl Icahn filed a 13D disclosing that he'd taken a 13% stake in the company.
Those familiar with the story of Herbalife understand that Icahn's move was likely driven by his ongoing and very public spat with fellow billionaire, hedge fund manager Bill Ackman. Ackman has a large short position in Herbalife, leaving him vulnerable to a short squeeze. In an instant classic on-air argument last month on CNBC, Ichan suggested that HLF could become "the mother of all short squeezes."

full article http://finance.yahoo.com/blogs/breakout/icahn-vs-ackman-stay-away-stocks-manipulated-1-153741894.html

[allisonW]

Mortgage Melt-Down Investigation: Goldman Sachs and Deutsche Bank Get Served
Anything ever come of this Nope
Goldman Sachs (GS) and Deutsche Bank (DB) got served by the US Senate which is investigating fraud in the mortgage meltdown last year. Several other financial institutions may also have received subpoenas from the sub-committee that is headed by Senator Carl Levin.

WSJ said the focus of the investigation is on whether internal communications show executives at the banks had private doubts on the soundness of the mortgage-related securities they were putting together. Anyone want to take a guess on what they will find?
check out full article at this link http://seekingalpha.com/article/152435-mortgage-melt-down-investigation-goldman-sachs-and-deutsche-bank-get-served

[allisonW]

HSBC’s drugs money laundering settlement a mockery of justice, says Warren
more disparity

Senator Elizabeth Warren (Democrat-Massachusetts), has once again revealed the dangerous double standards at the heart of the US justice system. Appearing at the Senate Banking Committee, the former Harvard law professor questioned officials from the US Treasury Department and US Federal Reserve over why criminal charges were not pressed on HSBC or any HSBC official who helped to launder hundreds of millions of dollars for Mexican drug cartels. But just like the last time, she was met with wholly inadequate responses. The impression one got from the Treasury and Fed officials was that some banks are not just ‘too big to fail’, they are also ‘too big to prosecute’, and ‘too big to jail’.
The HSBC scandal prompted the United States Treasury and Justice departments to fine HSBC a record $1.92 billion after finding that the London headquartered bank repeatedly helped the world’s most violent drug gangs to launder at least $881 million in ill-gotten gains and to channel money from numerous countries against which the the U.S. has economic sanctions.

here is were you can read more http://www.ianfraser.org/hsbcs-drugs-money-laundering-settlement-a-mockery-of-justice-says-sen-warren/

[allisonW]

The U.S. Could Indict SAC Capital, But Should It?

The knives are out -- and the media feeding frenzy is on -- for Steven A. Cohen and his $15 billion hedge fund, SAC Capital Advisors.
The firm last week told its investors in a letter that it no longer will cooperate unconditionally with federal investigators, and that the updates it provides about the progress of the government’s probe may be scant. The New York Times has reported that Cohen received a subpoena to testify before a grand jury.

There has been lots of speculation about what this means. SAC clients will have to make decisions about whether to keep their money there, even if the information available to them is imperfect. What does the future hold for Cohen individually? He may not know himself. One thing we can conclude: The government probably has enough evidence to indict SAC Capital or one of its subsidiaries already. The question of whether it should indict is another matter.
At least nine current or former SAC employees have been linked to insider trading while working at the firm, including four who have pleaded guilty to crimes, according to Bloomberg News’s tally.

check out full article here... http://www.bloomberg.com/news/2013-05-20/the-u-s-could-indict-sac-capital-but-should-it-.html

[allisonW]

So the Levys can get a combined 155 years and Phil Falcone well a slap on the wrist and a $4 million fine
Whether the Levys deserve some time is not in question but the amount wow
Hedge Fund Manager Pays $4 Mil; Gets A Slap On Wrist From SEC
Call it a paper tiger agreement: The Securities and Exchange Commission has effectively barred a hedge fund manager from the investment business, all the while allowing him to still retain control of his company. Complicance Week reported that hedge fund adviser Philip Falcone will remain in control of Harbinger Capital Partners LLC, despite a settlement with the SEC. In 2012, Falcone and the firm were sued by the agency for, among other things, using client funds to pay taxes, manipulating bond prices, and buying securities in a public offering after short-selling the same securities during a restricted period. Compliance Week added that Falcone will personally pay $4 million of an $18 million penalty.

wow you really have to get lucky huh

[allisonW]

Anyone no what happen to others involved with this case. According to the DOJ Ricardo Fernandez received 1 year & 1 day in prison &
$977,170 forfeiture, William Mackey received 18 months in prison &
$720,902 forfeiture, Stinson Bland received 13 months in prison &
$767,469 forfeiture and David and Donna Levy are the only ones that look like they went to trial and were found guilty to be sentenced soon possibly receiving 70 to 85 years and having to forfeit $5 million each. I do not see anything on the others. Does that mean they received probation or does someone know different. Curious thanks

[allisonW]

Isn't it interesting to see the disparity between an SEC case and that from the DOJ. With the SEC if you are convicted of any type of securities fraud even if its in the millions you just pay a fine and receive nothing on your record and if its a DOJ case you can get years in prison plus a fine with anything over a million dollars. Check below for an example.
U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 22699 / May 15, 2013

Securities and Exchange Commission v. RINO International Corporation, Dejun “David” Zou, and Jianping “Amy” Qiu, Civil Action No. 1:13-cv-00711

SEC Charges RINO, Its CEO, and Its Chairman of the Board with Scheme to Overstate Revenues and Divert Money for Personal Use

The Securities and Exchange Commission today charged RINO International Corporation, its Chief Executive Officer, Dejun “David” Zou, and its Chairman of the Board, Jianping “Amy” Qiu with engaging in a scheme to overstate RINO’s revenues and divert proceeds from a securities offering for their personal use in violation of the anti-fraud, reporting, books and records, and internal control provisions of the federal securities laws. RINO, Zou, and Qiu have agreed to settle the SEC’s claims against them.

RINO, a holding company for subsidiaries that manufacture, install, and service equipment for the Chinese steel industry, became a China-based U.S. issuer through a reverse merger in October 2007. According to the SEC’s complaint, Zou, a Chinese national living in China, and Qiu, a Chinese national living in California, diverted some of the proceeds from an offering of securities by RINO in December 2009. Zou and Qiu are alleged to have used the proceeds to purchase a $3.5 million family home for personal use. RINO, Zou, and Qiu initially failed to disclose this diversion, and conflicting information was provided to RINO’s outside auditor about the expenditure. Zou and Qiu also used offering proceeds to pay for automobiles as well as designer clothing and accessories without recording them as personal expenses or otherwise disclosing them in RINO’s public filings.

The Commission further alleges that RINO’s SEC filings contained materially false and misleading statements and omissions concerning RINO’s revenue and operations between 2008 and 2010. According to the complaint, RINO maintained two conflicting sets of financial records – one set of books for filings in China and another set of books for filings in the U.S. The Chinese books reflected sales of approximately $31 million from the first quarter of 2008 through the first three quarters of 2010. But the U.S. books that formed the basis for RINO’s SEC filings contained false contracts and portrayed sales revenues of approximately $491 million during that same time period – more than 15 times greater than the revenues recorded in the Chinese books. The complaint alleges that Zou and Qiu knew or were reckless in not knowing that the U.S. books were supported by false contracts and, nonetheless, signed and certified RINO’s public filings containing false and misleading statements and omissions about RINO’s revenue and operations.

The Commission’s complaint, which was filed in federal court in Washington, D.C., charges RINO with violations of Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) and Rule 10b-5 thereunder; Section 17(a) of the Securities Act of 1933 (“Securities Act”); Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b-20, 13a-1, 13a-11, and 13a-13 thereunder. The SEC’s complaint charges Zou and Qiu with violations of Section 10(b) of the Exchange Act and Rule 10b-5 thereunder; Section 17(a) of the Securities Act; Sections 13(b)(5) of the Exchange Act and Rules 13b2-1 and 13b2-2 thereunder; Exchange Act Rule 13a-14; and aiding and abetting RINO’s violations of Sections 13(a), 13(b)(2)(A), and 13(b)(2)(B) of the Exchange Act and Rules 12b-20, 13a-1, 13a-11, and 13a-13 thereunder.

Without admitting or denying the claims against them, RINO, Zou, and Qiu consented to the entry of a judgment permanently enjoining them from violations of the respective provisions of the Securities Act and Exchange Act. Zou and Qiu agreed to pay civil penalties of $150,000 and $100,000, respectively. Zou and Qiu also agreed to pay $3.5 million disgorgement into a related class action settlement. In addition, Zou and Qiu consented to entry of an order prohibiting them from serving as officers and directors of a public company for a period of ten years. The proposed settlement is subject to approval by the court.

[allisonW]

interesting

[dinerodinero1234]

Three Felonies A Day: How the Feds Target the Innocent [Paperback]

Book Description
Publication Date: June 7, 2011
The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner, and then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? The answer lies in the very nature of modern federal criminal laws, which have exploded in number but also become impossibly broad and vague. In Three Felonies a Day, Harvey A. Silverglate reveals how federal criminal laws have become dangerously disconnected from the English common law tradition and how prosecutors can pin arguable federal crimes on any one of us, for even the most seemingly innocuous behavior. The volume of federal crimes in recent decades has increased well beyond the statute books and into the morass of the Code of Federal Regulations, handing federal prosecutors an additional trove of vague and exceedingly complex and technical prohibitions to stick on their hapless targets. The dangers spelled out in Three Felonies a Day do not apply solely to “white collar criminals,” state and local politicians, and professionals. No social class or profession is safe from this troubling form of social control by the executive branch, and nothing less than the integrity of our constitutional democracy hangs in the balance.

book link.....http://www.amazon.com/Three-Felonies-Day-Target-Innocent/dp/1594035229

[Cyclone987]

The Swartz suicide and the sick culture of the Justice Dept.

January 24, 2013 by Dan Kennedy
Republished by permission of Massachusetts Lawyers Weekly, where this article first appeared. Thanks to my friend Harvey for making this available to readers of Media Nation.

By Harvey A. Silverglate

Some lawyers are joking when they refer to the Moakley Courthouse as “the House of Pain.” I’m not.

The ill-considered prosecution leading to the suicide of computer prodigy Aaron Swartz is the most recent in a long line of abusive prosecutions coming out of the U.S. attorney’s office in Boston, representing a disastrous culture shift. It sadly reflects what’s happened to the federal criminal courts, not only in Massachusetts but across the country.

It’s difficult for lawyers to step back and view the larger picture of the unflattering system from which we derive our status and our living. But we have an ethical obligation to criticize the legal system when warranted.

Who else, after all, knows as much about where the proverbial bodies are buried and is in as good a position to tell truth to power as members of the independent bar?

Yet the palpable injustices flowing regularly out of the federal criminal courts have by and large escaped the critical scrutiny of the lawyers who are in the best position to say something. And judges tend not to recognize what to outsiders are serious flaws, because the system touts itself as the best and fairest in the world.

Since the mid-1980s, a proliferation of vague and overlapping federal criminal statutes has given federal prosecutors the ability to indict, and convict, virtually anyone unfortunate enough to come within their sights. And sentencing guidelines confer yet additional power on prosecutors, who have the discretion to pick and choose from statutes covering the same behavior.

This dangerous state of affairs has resulted in countless miscarriages of justice, many of which aren’t recognized as such until long after unfairly incarcerated defendants have served “boxcar-length” sentences.

Aaron Swartz was a victim of this system run amok. He was indicted under the Computer Fraud and Abuse Act, a notoriously broad statute enacted by Congress seemingly to criminalize any use of a computer to do something that could be deemed bad.

As Harvard Law School Internet scholar Lawrence Lessig has written for The Atlantic: “For 25 years, the CFAA has given federal prosecutors almost unbridled discretion to bully practically anyone using a computer network in ways the government doesn’t like.”

Swartz believed that information on the Internet should be free to the extent possible. He entered the site operated by JSTOR, a repository of millions of pages of academic articles available for sale, and downloaded a huge cache. He did not sell any, and while it remains unclear exactly how or even if he intended to make his “information should be free” point, no one who knew Swartz, not even the government, thought he was in it to make money.

Therefore, JSTOR insisted that criminal charges not be brought.

U.S. Attorney Carmen Ortiz obscured that point when announcing the indictment. “Stealing is stealing, whether you use a computer command or a crowbar, whether you take documents, data or dollars,” she said, failing to recognize the most basic fact: that Swartz neither deprived the owners of the articles of their property nor made a penny from his caper.

(Ironically, shortly before Swartz’s suicide, JSTOR recognized the intellectual and moral force of the prodigy’s point of view, and it announced that thenceforth it would provide a portion of its articles free of charge as a public service. The organization’s very existence, after all, depends heavily on public funding. Swartz had made his point, but he paid a heavy price, because Ortiz’s office could not discern the difference between Swartz’s victimless actions and the use of a crowbar to steal for profit.)

Swartz was unwilling to plead guilty. He did not view himself as a felon. Indeed, many experts on the CFAA have powerfully argued that he did not violate any reasonable interpretation of the statute, and defense counsel had a highly respected electronics expert prepared to testify why that was so.

But the government kept bludgeoning Swartz by threatening him with dire consequences in the absence of a plea. Hence, while the original indictment contained four counts with a maximum sentence of 35 years, a superseding indictment brought just four months before his suicide upped the ante to 13 counts.

Of course, the government, which told Swartz’s lawyers that prosecutors would recommend seven to eight years in the event of a conviction after trial, announced its willingness to recommend “only” six months if he would plead. With such a deal, the government would avoid the possibility of an embarrassing loss.

But trial was risky for Swartz, as well as expensive. (Swartz’s partner, Taren Stinebrickner-Kauffman, reported that he was very concerned that the trial would bankrupt his family.)

While it is impossible to know the reasons for Swartz’s suicide, one would have to be naive or dishonest to fail to recognize the role played by the pressures ratcheted up by Ortiz’s office.

Such pressures help explain why fewer than 5 percent of federal criminal cases in Massachusetts are taken to jury trials, a phenomenon that has concerned U.S. District Court Judge William Young, who observed in Bertoff v. United States of America that “[e]vidence of sentencing disparity visited on those who exercise their Sixth Amendment right to trial by jury is today stark, brutal, and incontrovertible….”

After days of silence in the face of mounting criticism and a petition to Washington that, as of this writing, gathered 46,844 signatures seeking her dismissal, Ortiz finally responded. Her initial non-responsive statement said: “We want to respect the privacy of the family and do not feel it is appropriate to comment on the case at this time.”

When that evasion provoked widespread anger and derision, Ortiz issued a statement on Jan. 16 admitting that “there was no evidence against Mr. Swartz indicating that he committed his acts for personal gain.” She recognized that his alleged conduct “did not warrant the severe punishments authorized by Congress.” Yet she defended her office’s having brought a blunderbuss indictment.

It seems never to have occurred to Ortiz, nor to the career prosecutors in her office in charge of the prosecution, Stephen Heymann and Scott Garland, that there is something wrong with overcharging, and then raising the ante, merely to wring a guilty plea to a dubious statute.

Nor does it occur generally to federal prosecutors that there’s something wrong with bringing prosecutions so complex that they are guaranteed to bankrupt all but the wealthiest.

These tactics have become so normal within the Department of Justice that few who operate within the bowels of this increasingly corrupt system can even see why it is corrupt. Even most journalists, who are supposedly there to tell truth to power, no longer see what’s wrong and even play cheerleader.

Perhaps most disturbing was the prosecutorial callousness reported by Boston Globe columnist and non-cheerleader Kevin Cullen. One of Swartz’s earlier lawyers told Cullen: “I told Heymann the kid was a suicide risk. His reaction was a standard reaction in that office, not unique to Steve. He said, ‘Fine, we’ll lock him up.’” The lawyer concluded: “I’m saying they were aware of the risk, and they were heedless.”

Ortiz has been mentioned as a candidate for governor or even the U.S. Senate. That political career is likely over before it begins. Many who have seen through her callous behavior are computer literate and know how to spread a message.

However, the culture of the U.S. attorney’s office will continue undisturbed — unless the bar refuses to tolerate that the federal courthouse has become a place of torment rather than a palace of justice.

An ironic postscript to the Swartz tragedy: MIT and the U.S. Secret Service conducted the video surveillance of the closet at MIT that discovered Swartz’s downloading. He was charged by the Middlesex County district attorney’s office with breaking and entering in the daytime. Lawyers familiar with the case have told me that it was anticipated that the state charge would be continued without a finding, with Swartz duly admonished and then returned to civil society to continue his pioneering electronic work in a less legally questionable manner. Tragedy intervened when Ortiz’s office took over the case to send “a message.”

In an earlier era, federal authorities reacted more as state authorities still do. Tim Wu writes in The New Yorker (“How the Legal System Failed Aaron Swartz — and Us,” Jan. 14) that one can compare Swartz “to two other eccentric geniuses, Steve Jobs and Steve Wozniak.”

In the 1970s, Wu writes, Jobs and Wozniak “hacked AT&T’s telephone system to make free long-distance calls, and actually sold the illegal devices (blue boxes) to make cash.”

When Jobs and Wozniak tired of making free phone calls, they built a computer, and the rest is history.

“The great ones almost always operate at the edge,” Wu concluded.

But with the DOJ unable to differentiate real criminals from overzealous bright kids, we are incarcerating, if not killing, our national future. The bar should be in the forefront of warning Congress, the news media and the public that the DOJ and the federal courts, in Boston and elsewhere, are out of control.

Harvey Silverglate is a Boston criminal defense lawyer and writer. He is the author, most recently, of “Three Felonies a Day: How the Feds Target the Innocent,” updated in paperback in 2011.

reference and citation: http://dankennedy.net/2013/01/24/the-swartz-suicide-and-the-sick-culture-of-the-justice-dept/

[samanthafuchs]

Prosecutorial Misconduct
I'm not here to dispute the facts of this case but I'm here to tell you that some of the people involved in it have been unfairly judged and the reason you should care is that this could happen to anyone.

We are in a connected era, and news rapidly spreads nationwide. Prosecutors’ claims often receive wide airplay and are perceived as inherently credible. Today, merely being charged with a crime can be devastating. Prosecutorial attacks on defendants’ character not only hinder said defendants’ constitutionally-guaranteed right to a fair trial, but are ruinous to their reputation. Many people have been impacted or even committed suicide under a presumption of innocence, but you’d never know it from the statements on the matter by U.S. Attorneys one recent example is Aaron Swartz. Claims of the innocence or guilt of those accused of crimes belong in courts of law, not press releases and media interviews. I hope you people write to your congressman and senators that U.S. Attorneys serve their mandate as protectors of justice, rather than scoring political points by attacking the character of innocent people with trumped up charges.


Bar prosecutors from making official statements as to the guilt of any person, or asserting facts of the case that would reasonably negatively prejudice people as to the accused’s guilt or innocence. Establish a regime of meaningful penalties for violations, and an appropriate process for relief: injunctive relief; dismissal of cases or enjoinment of future charges; statutory civil liability; and professional penalties like removal from office or disbarment are in order. I understand that protecting prosecutorial independence is important, and I am careful to allow for that in my request. Ultimately, I believe some infringement upon the liberties of prosecutors — people professionally responsible for the administration of justice and held in high regard nationwide — is warranted to protect the due process rights of the accused, and for us to understand that accused criminals are still human beings with rights to be protected.

Please take the time out to really wrap your head around these words

Signed a concerned citizen

[samanthafuchs]

How Corrupt Prosecutors Get Away With Sending Innocent People to Jail
Prosecutors are arguably the most powerful figures in the American criminal justice system, a system that is not equipped or willing to punish their crimes.
May 15, 2012 |




Prosecutors are arguably the most powerful figures in the American criminal justice system. They decide which charges to bring, what plea bargains to offer, and what sentences to request. Given their role in the system and the broad powers they exercise, it is critical that they discharge those duties responsibly and ethically.



Brian Wilbourn's conviction was overturned because of prosecutorial misconduct.

But according to attorneys and criminal justice reform advocates, prosecutors across the country are misbehaving -- and getting away with it. While the most common forms of prosecutorial misconduct are hiding exculpatory evidence and engaging in improper examination and argumentation, another form of intentional misconduct is the knowing use of false testimony to win convictions.

"Perjury can easily undermine a defendant's right to a fair trial," said Chicago criminal defense attorney Leonard Goodman.

He ought to know.

In 2009, Goodman represented Brian Wilbourn in a federal narcotics case in which prosecutors knowingly allowed an informant to testify that Wilbourn sold crack cocaine out of a penthouse apartment over a three-year period when he was in fact nowhere near the scene at any time.

"Mr. Wilbourn was safely locked away in prison when the informant testified that Wilbourn was selling drugs at the penthouse between 2002 and 2005," Goodman explained.

The US 7th District Court of Appeals overturned Wilbourn's conviction because of the perjured testimony.

"When the government obtains a conviction through the knowing use of false testimony, it violates a defendant's due process rights," wrote Judge Daniel Manion as he ordered the reversal.

And when a prosecutor knowingly allows perjured testimony to be heard, that's prosecutorial misconduct. In the Wilbourn case, Assistant US Attorney Rachel Cannon knew that her informant's testimony was false -- because Goodman told her so before the trial -- yet she has not been sanctioned in any way. That's not unusual.

Legal experts say most prosecutors dedicate themselves to do an ethical and professional job, but that some prosecutors repeatedly commit misconduct because they realize they most likely will never face serious punishment. Prosecutors have immunity from civil liability for their misbehavior, and the legal system seems unable or unwilling to effectively police itself.

Prosecutorial misconduct can have serious financial consequences for state and local governments. Taxpayers take the hit to retry cases thrown out because of misconduct, and they take another hit when states pay compensation to the wrongfully imprisoned.

But despite the seriousness of the issue, there has been little research done nationwide on the scope of prosecutorial misconduct. What research there is suggests that even misbehaving prosecutors have little to worry about.

A 2003 study conducted by the Center for Public Integrity, Harmful Error, found that among 11,452 documented appeals alleging prosecutorial misconduct between 1970 and 2002, approximately 2,012 appeals led to reversals or remanded indictments, indicating prosecutorial misconduct in 17.6% of the cases.

In California, the Veritas Institute issued a 2009 report, Preventable Error: A Report on Prosecutorial Misconduct in California, 1997-2009, which reviewed 4,000 complaints of misconduct and found it occurred in 707 of them. Only six prosecutors were disciplined.

In March, the Prosecutorial Oversight Coalition released research findings on Texas convictions between 2004 and 2008 that showed appeals courts found a pattern of prosecutorial error or misconduct in 91 cases, ranging from hiding exculpatory evidence to improper argument and examination. While the appeals courts found the errors "harmless" in 72 cases, affirming the convictions, they reversed 19 cases because of prosecutorial conduct "harmful" to the defendant.

Still, none of those prosecutors were disciplined, the report found. Only one prosecutor in the state was disciplined for misconduct during that period, and that was for misconduct committed before 2004.

Pages

[catbland]

Only his family and close friends know.

[scion]

07/12/2012 193 ORDER OF FORFEITURE as to Ricardo Fernandez. 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 One of the Indictment, to which the Defendant pled guilty, a money judgment in the amount of $977,170 in United States currency (the "Money Judgment") shall be entered against the Defendant. The funds previously administratively forfeited from the 0685 Account shall be applied in partial satisfaction of the Money Judgment... The Clerk of the Court shall forward three certified copies of this Order to Assistant United States Attorney, Sharon Cohen Levin, Chief of the Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007. SO ORDERED (Signed by Judge Paul A. Crotty on 7/11/2012)(dnd) (Entered: 07/12/2012)

07/12/2012 192 JUDGMENT as to Ricardo Fernandez (1), Count(s) 1, 10ss, 2, 2s-4s, 4ss, 5ss-7ss, 7s, Dismissed; Count(s) 1s, Imprisonment: 12 Months and One Day Supervised Release: 3 Years. The court makes the following recommendations to the Bureau of Prisons: That Mr. Fernandez be designated to a facility located in or near Southern Florida. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on Monday, September 10, 2012. The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk offuture 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 $100.00 due immediately. The defendant is to pay restitution in the amount of $977,170 (see 07/11/12 Order ofForfeiture). (Signed by Judge Paul A. Crotty on 7/12/2012)(dnd) (Entered: 07/12/2012)

07/12/2012 DISMISSAL OF COUNTS on Government Motion as to Ricardo Fernandez (1) Count 1,2,2s-4s,4ss,5ss-7ss,7s,10ss. (dnd) (Entered: 07/12/2012)

[scion]

Pacer Update 16 Jul 12 USA v. Fernandez et al Case 1:11-cr-00062-PAC -

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

Date Filed # Docket Text

07/16/2012 Calendar Entry **DATE CHANGE** as to Bradley Susser: Sentencing set for 9/24/2012 (*NOT 09/25/2012*) at 4:30 PM in Courtroom 20-C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty, U.S.D.J (reset via e-mail by: Marlon Ovalles - Courtroom Deputy (mov) (Entered: 07/16/2012)

07/12/2012 Forwarded three certified copies of 193 Order to Assistant United States Attorney, Sharon Cohen Levin, Chief of the Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007. (ft) (Entered: 07/16/2012)

07/12/2012 193 ORDER OF FORFEITURE as to Ricardo Fernandez. 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 One of the Indictment, to which the Defendant pled guilty, a money judgment in the amount of $977,170 in United States currency (the "Money Judgment") shall be entered against the Defendant. The funds previously administratively forfeited from the 0685 Account shall be applied in partial satisfaction of the Money Judgment... The Clerk of the Court shall forward three certified copies of this Order to Assistant United States Attorney, Sharon Cohen Levin, Chief of the Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007. SO ORDERED (Signed by Judge Paul A. Crotty on 7/11/2012)(dnd) (Entered: 07/12/2012)

07/12/2012 192 JUDGMENT as to Ricardo Fernandez (1), Count(s) 1, 10ss, 2, 2s-4s, 4ss, 5ss-7ss, 7s, Dismissed; Count(s) 1s, Imprisonment: 12 Months and One Day Supervised Release: 3 Years. The court makes the following recommendations to the Bureau of Prisons: That Mr. Fernandez be designated to a facility located in or near Southern Florida. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on Monday, September 10, 2012. The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk offuture 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 $100.00 due immediately. The defendant is to pay restitution in the amount of $977,170 (see 07/11/12 Order ofForfeiture). (Signed by Judge Paul A. Crotty on 7/12/2012)(dnd) (Entered: 07/12/2012)

07/12/2012 DISMISSAL OF COUNTS on Government Motion as to Ricardo Fernandez (1) Count 1,2,2s-4s,4ss,5ss-7ss,7s,10ss. (dnd) (Entered: 07/12/2012)

07/12/2012 Calendar Entry **DATE CHANGE** as to Bradley Susser: Sentencing set for 9/25/2012 (*NOT 09/26/2012*) at 4:30 PM in Courtroom 20-C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty, U.S.D.J (reset via e-mail by: Marlon Ovalles - Courtroom Deputy). (mov) (Entered: 07/12/2012)

07/11/2012 Minute Entry for proceedings held before Judge Paul A. Crotty: Sentencing held on 7/11/2012 for Ricardo Fernandez (1) Count 1s. (dnd) (Entered: 07/12/2012)

07/10/2012 Set/Reset Hearings as to Bradley Susser: Sentencing set for 9/26/2012 at 4:30 PM in Courtroom 20-C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (dnd) (Entered: 07/10/2012)

07/10/2012 191 ENDORSED LETTER: As to Bradley Susser addressed to Judge Paul A. Crotty from Howard S. Master dated 6/26/2012 re: For the reasons stated in this letter the government writes to respectfully request a sentencing adjournment until September 2012. ENDORSEMENT: Application GRANTED. The sentencing is adjourned to 9/26/2012 at 4:30 p.m. in Courtroom 20-C. (Signed by Judge Paul A. Crotty on 7/10/2012)(dnd) (Entered: 07/10/2012)


1:11-cr-00062-PAC USA v. Fernandez et al
1:11-cr-00062-PAC-1 Ricardo Fernandez
1:11-cr-00062-PAC-2 Jeffrey Halbirt
1:11-cr-00062-PAC-3 Stinson Bland
1:11-cr-00062-PAC-4 Donna Levy
1:11-cr-00062-PAC-5 Jeffrey Hurwitt
1:11-cr-00062-PAC-6 Michael Steinberg
1:11-cr-00062-PAC-7 William Mackey
1:11-cr-00062-PAC-8 Thomas Prezioso
1:11-cr-00062-PAC-9 Bradley Susser

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

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I. The Offense Conduct

The defendant pleaded guilty before Your Honor to Count One of a seven- count first superseding Indictment (the “Indictment”) charging him with a variety of offenses. Count One charges the defendant with conspiracy to commit wire fraud and securities fraud, in violation of Title 18, United States Code, Section 371. As described in the Presentence Investigation Report (“PSR”) of the defendant, the conspiracy charged in Count One arose out of the defendant’s participation, with others, in efforts to manipulate the price of so-called “penny stocks” in order to enable large shareholders who were funding the manipulation campaigns to sell their holdings at maximum profit.

In summary, the defendant and other co-conspirators were manipulators for hire who agreed to accept compensation in exchange for their efforts to pump up the price of targeted securities through misleading and fraudulent touts, manipulative trading activities, and other conduct. The purpose of their manipulative activities was to enable those who were funding the manipulation to dump their shares on the market at a hefty profit at the expense of unsuspecting investors. Once the artificial support for price and liquidity created by the manipulation scheme was complete, these unsuspecting investors were left with shares that became virtually valueless and untradeable. Fernandez was paid to tout stocks, to hire others to tout, and to generate trading volume in stocks that were targeted by those funding the schemes. (Presentence Investigation Report (“PSR”) ¶¶ 18-22).

07/09/2012 190 SENTENCING MEMORANDUM by USA as to Ricardo Fernandez.
Doc 190 PDF file
https://viewer.zoho.com/docs/iMdbze

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07/09/2012 190 SENTENCING MEMORANDUM by USA as to Ricardo Fernandez.

Extract -

The defendant’s description of his own criminal conduct is both self-serving and incomplete. In the sentencing memorandum submitted by his counsel (“Sentencing Mem.”), as well as in his own letter (“Fernandez Ltr.”), which is submitted under Tab 1 of Exhibit A to the sentencing memorandum, Fernandez asserts a “firmly-held belief that he did not knowingly make false statements to the investing public concerning the stocks” he was paid to target (Sentencing Mem. 6), in the words of his counsel. Even more broadly, in his own letter, he asserts that “At no time did I ever think or suspect or know that anything that I was doing was in any way shape or form against the law because if others were doing it I thought that it must be OK.” (Fernandez Ltr. 3 (emphasis in original)). In a half-hearted attempt to reconcile this belief with his claim to credit for accepting responsibility for his offense, Fernandez attempts to blame two members of the charged conspiracy, Michael Oiring and another co-conspirator not named herein (“CC-1”), for what he describes as an unknowing descent into criminality. Fernandez claims that beginning in 2009, he “worked for” Oiring and CC-1 in an effort to earn money so that he could support his daughter, not realizing that in doing so he was actually committing a crime. (Sentencing Mem. 3-4). Fernandez asserts that while he described himself to Oiring and CC-1 as a sophisticated penny stock promoter with a “black book” of investors who could generate retail trading volume for targeted stocks and access to numerous marketing channels, he was nothing of the sort. Instead, according to Fernandez, he was secretly outsourcing the marketing work to third parties who were doing the work for him, and he lied about having access to retail trading customers, apparently soliciting money from Oiring and CC-1 based on fraudulent representations that some portion of the money was going to be used to generate retail trading activity. Fernandez himself tries to justify what he alleges is deception of other criminals as “faking it until I make it.” (Fernandez Ltr. 4).

In reality, Fernandez was making it by faking it – making hundreds of thousands of dollars in profits by disseminating fake information to prospective investors, and helping artificially manipulate the prices of penny stocks, to the detriment of retail investors, in exchange for large amounts of money from many others, not simply Oiring and CC-1. Fernandez’s fakery was on display during the first pump and dump scheme captured over the Title III interception that, along with substantial other evidence, led to Fernandez’s arrest and prosecution—a scheme involving a company called Emerging World Pharma, Inc., which trades under the symbol “EWPI.” As described in previously-filed documents in the case, Donna Levy served as a lead promoter in the scheme; she in turn engaged CC-1, along with other touters and market manipulators, in an effort to increase the liquidity and price of EWPI. During the afternoon of understood from this information that insiders would be getting out of the stock during the next day as the stock promotion peaked. That same afternoon, CC-1 informed Fernandez of the nature and timing of the scheme, and Fernandez decided to purchase stock in EWPI before the “pump” phase of the scheme was carried out, and to participate himself in promoting the stock:

CC-1: Were you able to buy that stock I gave you [i.e., EWPI]?

FERNANDEZ: Yes, I did, I bought 10,000 shares. I wish I would’ve bought more when I saw it at the end of the day at 62 [cents]. Jesus man, what a play.

CC-1: Just so you know, just so you know tomorrow morning’s gonna open up huge.

FERNANDEZ: Wow.

CC-1: So start exiting at some point tomorrow; watch that thing, okay?

FERNANDEZ: Okay. Dude, keep them coming. Fantastic.

CC-1: No problem, bro. If you want to put it on your Twitter, you can now because I’m going out on my email today.

FERNANDEZ: Okay. Alright, consider it done. I’ll be putting it on there shortly.

CC-1: So at least you can get a little credit for it.

FERNANDEZ then asked CC-1 to “check out” his website, pennywinners.com. The next morning, on or about April 6, 2010, at 10:49 a.m., CC-1 participated in another call with FERNANDEZ. During the call, CC-1 asked, “Ok, did you sell your EWPI?” FERNANDEZ replied, “Oh yeah, I sold that shit at 87 [cents]. What a profit! What a profit!” CC-1 replied, “Good for you.”

Fernandez thus knew on April 5, 2010, that EWPI was to be the target of manipulation activities that evening into the next morning; that EWPI would likely peak during the morning of April 6, 2012; and that EWPI would then be likely to decline precipitously after that — all events that in fact came to pass. Fernandez then took advantage of the inside information he had obtained concerning the manipulation scheme, effectively doubling his money in less than a day by buying shares of EWPI before the scheme took hold and selling his shares the next morning before it collapsed, leaving unsuspecting investors holding soon-to-be valueless shares that
FERNANDEZ had sold to them at a hefty profit. But he did not stop there. As promised, and as reflected on pennywinners.com, Fernandez posted a tout concerning EWPI on April 5, 2012.1

Viewers of the home page likely would have seen, among other things, Fernandez’s representations that his stock picks were based on “Hours of Due Diligence”; that he had “Decades of Experience” picking stocks; and that he conducted “In Depth Scans and DD [due diligence] Concerning Our Picks.” Each of these assertions was a lie, based on the Title III intercepts reflecting that Fernandez posted stock purchase recommendations that were based not on scans or due diligence, but on the coordinated and paid-for efforts of market manipulators, and based on Fernandez’s own assertions in his sentencing submission that he had no experience in the penny stock industry, much less “Decades” of it.

The tout concerning EWPI is no better: it lists EWPI as “our Next Big Pick! Since 1996 EWPI has been producing top quality USP generics at competitive prices based on a low overhead corporate model. . . . We believe that this company has a lot going for it and we recommend that everyone puts it on their watch list! Last price is .62 per share and technical indicators are pointing up! This week we expect the stock to see continued buying pressure.” Fernandez had no basis, at the time he posted this information, to know whether EWPI had “been producing top quality USP generics at competitive prices” (in fact it had not). His exhortation to the investing public that “everyone put[] it on their watch list” was a trick, intended to get unsuspecting investors to buy stocks from people with access to inside information concerning the timing of the scheme, who would be selling the next day—people like himself. And his claims that “technical indicators are pointing up!” and that “[t]his week we expect the stock to see continued buying pressure” were outright lies, based on Fernandez’s lack
of awareness of any technical indicators recommending purchase of the stock, and his knowledge that the “buying pressure” he was describing would evaporate the next morning, rather than in a week’s time. That is why Fernandez himself intended to sell, and in fact sold, his shares the morning after he bought them — facts that he did not disclose to investors who would have received Fernandez’s tout concerning EWPI.

The EWPI scheme is illustrative of the enthusiasm with which he approached manipulation activities and his lack of regard for the truth or for the investing public when carrying out the scheme, but it is far from the most significant—in other instances, including the scheme involving the stock trading under symbol MRNJ, Fernandez served in a much more significant role in receiving funds from promoters and distributing them to a network of touters that he maintained to help him carry out the goal of the scheme, and he made far more money from his role in the scheme. In 2009 and 2010, Fernandez took in just shy of $1 million in gross revenue from market manipulation activities, over $250,000 of which was wire transferred from an offshore trading account that co-conspirators other than Oiring and CC-1 used to facilitate market manipulation activities. His effort to lay blame for his predicament at the feet of his co- defendants in this case, e.g., his claim that he is going to have to pay “dearly” because he “unknowingly overlooked several important details when I started to work with two of the codefendants” Fernandez Ltr. 4) utterly fails to account for his extensive participation in market manipulation activities with others beside Oiring or CC-1.

Moreover, the evidence does not bear out Fernandez’s claim that his net revenue from that inflow of funds was less than $160,000, his tax returns notwithstanding. In fact, a analysis of Fernandez’s financial transactions through bank accounts maintained in the name of his business reflects that he profited over twice that amount, approximately $330,000, during the relevant period, including making $37,900 in payments to his father, $10,000 of which went for a partial payment on a Mercedes Benz; over $70,000 in check (debit) card purchases; over $200,000 in transfers to his personal bank account; over $2500 in payments on a Buick; and almost $10,000 in cash withdrawals. And while Fernandez claims a lack of concern for material goods, lack of substantial income, and lack of current resources in his letter, Fernandez also had a luxury car, a five-bedroom home in an upper-class neighborhood (PSR ¶ 60), and at least according to account application documents submitted by the defendant to two different
brokerage firms in mid-2010, a net worth of over $1 million, in part as a result of his participation in the scheme.2

Doc 190 PDF file
https://viewer.zoho.com/docs/iMdbze

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07/09/2012 190 SENTENCING MEMORANDUM by USA as to Ricardo Fernandez. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Master, Howard) (Entered: 07/10/2012)

Doc 190 PDF file
https://viewer.zoho.com/docs/iMdbze


07/02/2012 189 SENTENCING MEMORANDUM by Ricardo Fernandez. (Agnifilo, Marc) (Entered: 07/02/2012)

Doc 189 PDF file
https://viewer.zoho.com/docs/hMdSah

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06/28/2012 188 (S5) SUPERSEDING INDICTMENT FILED as to Donna Levy (4) count(s) 1sss, 2sss-3sss, 6sss, 9sss, Thomas Prezioso (8) count(s) 6ss, 7ss-11ss, 12ss, David Levy (11) count(s) 1s, 2s-4s, 5s. (bw) (Entered: 07/02/2012)

Doc 188 PDF file
https://viewer.zoho.com/docs/hCbNda

OCR Extract -

e. DAVID LEVY and DONNA LEVY paid third parties through the Levy-Controlled Entities and/or through co-conspirators not named herein, at times secretly, to draft and disseminate to the public "touts" recommending that prospective investors buy shares of stock in the Target Companies at the same time that DAVID LEVY and DONNA LEVY were causing large numbers of press releases and marketing material to be disseminated to the public in the names of the Target Companies. DAVID LEVY and DONNA LEVY knew that aspects of several of the touts that they paid to have disseminated were exaggerated, misleading, and/or deceptive, in part because as insiders of the Target Companies, they possessed information concerning the Target Companies' shortage of capital, operational issues, and dependence on DAVID LEVY and others for future financing that was not available to the public. Moreover, many of the touts that were privately funded by DAVID LEVY and DONNA LEVY contained inadequate disclosures concerning the roles that DAVID LEVY and DONNA LEVY played in paying for and influencing the content of the touts, in controlling and influencing the affairs of the Target Companies, and in owning or controlling a large percentage of the stock in the Target Companies.

f. In part through the volume and misleading nature of the promotional activity that DAVID LEVY and DONNA LEVY caused to be distributed in the names of the Target Companies and by third parties, DAVID LEVY and DONNA LEVY "pumped up," i.e., artificially manipulated, the price of the stock in the Target Companies.

g. DAVID LEVY and DONNA LEVY took advantage of the artificial increase in the price of stock in the Target Companies, and increased public interest in the Target Companies, that they had orchestrated by "dumping," i.e., selling, into the market shares in the Target Companies that had been acquired through the transactions described above, or by causing co-conspirators to sell their shares in the Target Companies. DAVID LEVY and DONNA LEVY continued their misleading marketing campaign, and their simultaneous sale of shares, directly or through co-conspirators, until they had realized hundreds of thousands of dollars or more in profits from the sale of shares that were being dumped into the market in this manner. When their manipulation campaign was no longer propelling outside money to purchase shares that they owned, controlled, or had a financial interest in, DAVID LEVY and DONNA LEVY ceased causing the Target Companies to issue press releases on an accelerated schedule and ceased funding misleading third-party touts of the Target Companies. Following the conclusion of this misleading promotional campaign, the price of and investor interest in shares of the Target Companies collapsed, thereby harming: (i) investors in the Target Companies who had been induced to invest, in part, in reliance on the misleading promotional campaign orchestrated by DAVID LEVY and DONNA LEVY, (ii) founders and executives of the Target Companies, who held large numbers of restricted shares that were devalued by DAVID LEVY's and DONNA LEVY's manipulative activities, and (iii) the Target Companies themselves, by devaluing stock that could have otherwise been used by the Target Companies to seek alternative sources of financing and/or fund the Target Companies' growth.

h. After months or, in some cases, more than a year had passed, DAVID LEVY and DONNA LEVY again started to "pump and dump" Target Companies in which they continued to hold large blocks of shares. They did so by again orchestrating misleading promotional activities concerning the Target Companies and selling their shares to unsuspecting investors who purchased shares in part in reliance on the new misleading promotional campaign. This activity continued until it was no longer profitable for DAVID LEVY and DONNA LEVY to fund these promotional campaigns, in the process decimating the value of the stock of the Target Companies and the value of shares held by founders, executives, and public purchasers of shares in the Target Companies. DAVID LEVY, DONNA LEVY, and a co-conspirator not named herein ("CC-1") made over $6.5 million from the sale of shares of two Target Companies alone that they manipulated during the period 2007 to 2010- Cardiac Networks, Inc., which traded publicly under symbol "CNWI" ("Cardiac Networks" or "CNWI"), and Banneker, Inc., which traded publicly under symbol "BANI" ("Banneker" or "BANI").

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Pacer Update 10 Jul 12 USA v. Fernandez et al Case 1:11-cr-00062-PAC -

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

Date Filed # Docket Text

07/10/2012 Calendar Entry as to Ricardo Fernandez *TIME & COURTROOM CHANGE: Sentencing set for Wednesday, July 11, 2012 at 02:45 PM (*NOT 03:00 PM*) in Courtroom 6A (*NOT 20C*), 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty, U.S.D.J. (By: Marlon Ovalles - Courtroom Deputy). (mov) (Entered: 07/10/2012)

07/09/2012 190 SENTENCING MEMORANDUM by USA as to Ricardo Fernandez. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Master, Howard) (Entered: 07/10/2012)

07/02/2012 189 SENTENCING MEMORANDUM by Ricardo Fernandez. (Agnifilo, Marc) (Entered: 07/02/2012)

06/28/2012 188 (S5) SUPERSEDING INDICTMENT FILED as to Donna Levy (4) count(s) 1sss, 2sss-3sss, 6sss, 9sss, Thomas Prezioso (8) count(s) 6ss, 7ss-11ss, 12ss, David Levy (11) count(s) 1s, 2s-4s, 5s. (bw) (Entered: 07/02/2012)

06/28/2012 Transmission to Docket Assistant Clerk. Transmitted re: 187 Order for Forfeiture of Property as to Bradley Susser, to the Docket Assistant Clerk for case processing. (jw) (Entered: 06/28/2012)

06/28/2012 187 CONSENT ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY as to Bradley Susser. NOW, THEREFORE, IT IS ORDERED, ADJOURNED AND DECREED THAT, As a result of the offense charged in Count One of the Indictment, to which the Defendant pled guilty, a forfeiture money judgment in the amount of $350,000 in United States currency (the "Money Judgment") shall be entered against the Defendant. All of the Defendant's right, title and interest in the Specific Property is hereby forfeited to the United Slates for disposition in accordance with the law, subject to the provisions of Title 21, United States Code, Section 853(n). The Defendant agrees that he will not file a claim or a petition for remission or mitigation in any forfeiture proceeding involving the Specific Property and will not assist anyone else in doing so. The value of the Defendant's interest in the Specific Property forfeited to the United States shall be applied towards partial satisfaction of the Money Judgment in the amount $350,000 in United States currency. (Signed by Judge Paul A. Crotty on 6/28/12)(jw) (Entered: 06/28/2012)

06/28/2012 186 ENDORSED LETTER as to David Levy addressed to Judge Paul A. Crotty from Gerald L. Shargel dated 6/26/2012 re: to respectfully request an extension of the pretrial motion date in this case. Motions are currently due July 6, 2012. However, Assistant United States Attorney Howard Master recently informed us that a superseding indictment will be returned on or about June 29, 2012...ENDORSEMENT...SO ORDERED. (Signed by Judge Paul A. Crotty on 6/28/12)(jw) (Entered: 06/28/2012)

06/28/2012 185 ENDORSED LETTER as to Bradley Susser addressed to Judge Paul A. Crotty from Howard S. Master dated 6/26/2012 re: Reschedule Sentencing as to Bradley Susser( Sentencing set for 7/9/2012 at 04:00 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.)....ENDORSEMENT..Application granted. The sentencing is adjourned to 7/9/2012 at 4:00pm in courtroom 20-C. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/28/12)(jw) (Entered: 06/28/2012)

06/26/2012 184 TRANSCRIPT of Proceedings as to Ricardo Fernandez held on 5/22/2012, 3:00 p.m. before Judge Paul A. Crotty. (rjm) (Entered: 06/26/2012)

06/26/2012 183 TRANSCRIPT of Proceedings as to Stinson Bland held on 5/17/2012, 4:00 p.m. before Judge Paul A. Crotty. (rjm) (Entered: 06/26/2012)

06/20/2012 182 ENDORSED LETTER: As to Stinson Bland addressed to Judge Paul A. Crotty from Ronald L. Goranson dated 6/14/2012 re: Defense counsel writes to request an 11 day continuance of the surrender date for Stinson Bland from July 12, 2012 to July 23, 2012. The defendant further requests the Court to make another recommendation to the BOP that Mr. Biand be incarcerated at a facility closer to Dallas, Texas. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 6/20/2012)(dnd) (Entered: 06/20/2012)

06/20/2012 Payment of Special Assessment from William Mackey in the amount of $100.00. Date Received: 6/20/12. (mn) (Entered: 06/20/2012)
06/15/2012 181 TRANSCRIPT of Proceedings as to William Mackey held on 5/23/2012, 4:03 p.m. before Judge Paul A. Crotty. (rjm) (Entered: 06/18/2012)

06/14/2012 180 ORDER: As to Michael Steinberg. ORDERED that the defendant's level of supervision be upgraded to Strict Pretrial supervision to include drug testing and treatment under the guidance of Pretrial Services. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/14/2012)(dnd) (Entered: 06/14/2012)

06/12/2012 179 ENDORSED LETTER as to (11-Cr-62-07) William Mackey addressed to Judge Paul A. Crotty from Attorney Kenneth A. Paul dated June 11, 2012 re: submitted to request that Mr. William Mackey's bond be modified and expanded to allow him to travel and stay with his sister, Ms Jane Cole. He will be driving from Fort Lauderdale on Monday, July 2nd, and returning on Monday, July 9th. ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty on 6/12/2012)(bw) (Entered: 06/12/2012)

06/12/2012 178 ENDORSED LETTER as to (S1-11-Cr-62-09) Bradley Susser addressed to Judge Paul A. Crotty from Attorney Deborah Colson dated June 11, 2012 re: submitted to request a one-week adjournment of Mr. Susser's sentencing hearing, currently scheduled for June 21, 2012. ENDORSEMENT: Application GRANTED. The sentencing is adjourned to 06/29/12 at 11:30 AM in Courtroom 20-C. So Ordered. (Signed by Judge Paul A. Crotty on 6/12/2012)(bw) (Entered: 06/12/2012)

06/12/2012 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 177 as to Defendant(s) William Mackey: HAS BEEN REJECTED. Note to Attorney Kenneth Alan Paul : 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) (Entered: 06/12/2012)

06/11/2012 177 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Travel. Document filed by William Mackey. (Paul, Kenneth) Modified on 6/12/2012 (ka). (Entered: 06/11/2012)
06/11/2012 176 ENDORSED LETTER as to Donna Levy addressed to Judge Paul A. Crotty from Scott A. Srebnick dated 6/8/12 re: Request that this Court permit undersigned counsel to file under seal the entire motion to suppress and all supporting exhibits by the current deadline of June 14, 2012, and permit undersigned counsel to publicly file via CM/ECF a redacted version of the motion to suppress and exhibits by July 6, 2012 (the deadline for filing all other pretrial motions. We further request that we be permitted to submit the sealed motion and exhibits by mail to the Court's Courtroom Deputy, Mr. Ovalles, for filing, as opposed to the Clerk's office....ENDORSEMENT..65 Pages on the memo of law will not be allowed. The Court will allow 30 pages, maximum. Please note page limitation. (Signed by Judge Paul A. Crotty on 6/11/12)(jw) (Entered: 06/11/2012)


1:11-cr-00062-PAC USA v. Fernandez et al
1:11-cr-00062-PAC-1 Ricardo Fernandez
1:11-cr-00062-PAC-2 Jeffrey Halbirt
1:11-cr-00062-PAC-3 Stinson Bland
1:11-cr-00062-PAC-4 Donna Levy
1:11-cr-00062-PAC-5 Jeffrey Hurwitt
1:11-cr-00062-PAC-6 Michael Steinberg
1:11-cr-00062-PAC-7 William Mackey
1:11-cr-00062-PAC-8 Thomas Prezioso
1:11-cr-00062-PAC-9 Bradley Susser

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

[MB70]

Does the forfeiture amount mean he already has that money and it was seized?

[scion]

05/18/2012 170 JUDGMENT: As to Stinson Bland (3), Count(s) 1, 2, 5s-6s, 7s, Dismissed; Count(s) 1s, Imprisonment: 13 Months; Supervised Release: 3 Years. The court makes the following recommendations to the Bureau of Prisons: That Mr. Bland be designated to a facility in or near Dallas, Texas. The Court further recommends that Mr. Bland be enrolled in a drug treatment program while incarcerated. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on Monday, July 12, 2012. 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 $100.00 as a lump sum payment due immediately. The defendant is to pay a forfeiture in the amount of $767,469.00. (Signed by Judge Paul A. Crotty on 5/18/2012)(dnd) (Entered: 05/18/2012)

[MB70]

Is there a way to know where Mr. Bland will be incarcerated?

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Pacer Update 01 Jun 12 USA v. Fernandez et al Case 1:11-cr-00062-PAC -

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

Date Filed # Docket Text

06/01/2012 175 TRANSCRIPT of Proceedings as to William Mackey held on 5/23/2012, 4:03 p.m. before Judge Paul A. Crotty. (rjm) (Entered: 06/01/2012)

05/30/2012 174 ENDORSED LETTER: As to Donna Levy addressed to Judge Paul A. Crotty from Scott A. Srebnick dated 5/29/2012 re: Defense counsel writes to respectfully request that the time to file his motion to suppress Title III wiretaps be extended to June 14, 2012. The original due date set by the court for this motion to be filed was May 31, 2012. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 5/30/2012)(dnd) (Entered: 05/31/2012)

05/23/2012 173 FILED JUDGMENT IN A CRIMINAL CASE as to William Mackey (7), Count(s) 1, 2s-3s, and 7s are dismissed on the motion of the U.S. The defendant William Mackey pleaded guilty to Count(s) 1s, Imprisonment: 18 months. The Court recommends to the Bureau of Prisons that Mr. Mackey be designated to the BOP facility located in Montgomery, Alabama (Maxwell Facility). The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2 p.m. on Monday, July 30, 2012. Supervised Release: 3 years. SA: $100.00. Forfeiture: $720,902.00 (Signed by Judge Paul A. Crotty on 5/23/2012)(ja) (Entered: 05/24/2012)

05/23/2012 DISMISSAL OF COUNTS on Government Motion as to William Mackey (7) Counts 1, 2s-3s, 7s. (ja) (Entered: 05/24/2012)

05/23/2012 Minute Entry for proceedings held before Judge Paul A. Crotty: Sentencing held on 5/23/2012 for William Mackey (7) Count 1s. (ja) (Entered: 05/24/2012)

05/22/2012 Minute Entry for proceedings held before Judge Paul A. Crotty: Pretrial Conference as to Ricardo Fernandez held on 5/22/2012. REMARK: Defendant Ricardo Fernandez present with his attorneys Marc A. Agnifilo and Osnat Lupesko-Persky. CJA Counsel Andrew G. Patel (appointed for a limited purpose) present. AUSA Steve Lee present. Mr. Patel was relieved from this matter with the thanks of the Court. Mr. Fernandez will be continue to be represented by the firm of Brafman & Associates, P.C., and sentencing is scheduled to go forward on Wednesday, July 11, 2012 at 3:00 PM. The Court will notify the Probation Department of the new sentencing date. All current bail conditions remain in effect. See transcript for details of this proceeding. (Court Reporter Steve Griffing) (mov) (Entered: 06/02/2012)

05/21/2012 172 ORDER OF FORFEITURE as to (S1-11-Cr-62-03) Stinson Bland....[See Order]... NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. As a result of the offense charged in Count One of the Indictment, to which the Defendant pled guilty, a money judgment in the amount of $767,469 in United States currency (the "Money Judgment") shall be entered against the Defendant. 2. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, upon entry of this Order, this Order of Forfeiture is final as to the Defendant, STINSON BLAND, and shall be made part of the sentence of the Defendant, and shall be included in the judgment of conviction therewith....[See Order]... 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. 7. The Clerk of the Court shall forward three certified copies of this Order to Assistant United States Attorney Sharon Cohen Levin, Chief of the Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007. (Signed by Judge Paul A. Crotty on 5/21/2012); The Clerk of the Court has forwarded three certified copies of this Order to AUSA Sharon Cohen Levin by interoffice mail on 5/21/2012. (bw) (Entered: 05/21/2012)

05/21/2012 Calendar Entry as to Ricardo Fernandez **REMINDER**: Pretrial Conference set for Tuesday, May 22, 2012 at 03:00 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty (set via e-mail by: Marlon Ovalles - Courtroom Deputy). (mov) (Entered: 05/21/2012)

05/20/2012 171 SENTENCING MEMORANDUM by USA as to William Mackey. (Attachments: # 1 Exhibit A)(Master, Howard) (Entered: 05/20/2012)

05/18/2012 170 JUDGMENT: As to Stinson Bland (3), Count(s) 1, 2, 5s-6s, 7s, Dismissed; Count(s) 1s, Imprisonment: 13 Months; Supervised Release: 3 Years. The court makes the following recommendations to the Bureau of Prisons: That Mr. Bland be designated to a facility in or near Dallas, Texas. The Court further recommends that Mr. Bland be enrolled in a drug treatment program while incarcerated. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on Monday, July 12, 2012. 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 $100.00 as a lump sum payment due immediately. The defendant is to pay a forfeiture in the amount of $767,469.00. (Signed by Judge Paul A. Crotty on 5/18/2012)(dnd) (Entered: 05/18/2012)

05/18/2012 DISMISSAL OF COUNTS on Government Motion as to Stinson Bland (3) Count 1,2,5s-6s,7s. (dnd) (Entered: 05/18/2012)

05/17/2012 Minute Entry for proceedings held before Judge Paul A. Crotty. Sentencing held on 5/17/2012 for Stinson Bland (3) Count 1s. (dnd) (Entered: 05/18/2012)

05/15/2012 169 SENTENCING MEMORANDUM by USA as to Stinson Bland. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Master, Howard) (Entered: 05/15/2012)

05/09/2012 168 SENTENCING MEMORANDUM by William Mackey. (Attachments: # 1 Exhibit Character Letters)(Paul, Kenneth) (Entered: 05/09/2012)

05/02/2012 167 NOTICE OF ATTORNEY APPEARANCE: Robert Craig Morvillo appearing for Michael Oiring. (Morvillo, Robert) (Entered: 05/02/2012)

05/02/2012 166 NOTICE OF ATTORNEY APPEARANCE: Gregory Robert Morvillo appearing for Michael Oiring. (Morvillo, Gregory) (Entered: 05/02/2012)

04/30/2012 165 TRANSCRIPT of Proceedings as to Ricardo Fernandez held on 4/3/2012, 12:45 p.m. before Judge Paul A. Crotty. (rjm) (Entered: 04/30/2012)

04/26/2012 Calendar Entry as to Ricardo Fernandez: Pretrial Conference set for 5/22/2012 at 03:00 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty (set via e-mail by: Marlon Ovalles - Courtroom Deputy). (mov) (Entered: 04/26/2012)

04/25/2012 Minute Entry for proceedings held before Judge Paul A. Crotty: Pretrial Conference as to Donna Levy, Thomas Prezioso, David Levy held on 4/25/2012. REMARK: The personal appearances of Defendants Donna Levy and David Levy were previously waived by the Court. Counsel for Defendant Donna Levy, Mr. Scott A. Srebnick, appeared by telephone. Counsel for Defendant David Levy, Mr. Gerald L. Shargel and Mr. Ross Kramer, appeared in person. Defendant Thomas Prezioso present with his attorney Mario Gallucci. AUSA Howard Master present. Court Reporter Eve Giniger present. Donna Levy's Title III Motion to be filed by the end of May. Any other motions by Defendants to be fled by 07/09/12. The Government and counsel for Defendants were directed to confer, and submit an agreed upon briefing schedule on themotions. Time previously excluded through 10/09/12. See transcript for details. (mov) (Entered: 05/01/2012)

04/25/2012 163 SEALED DOCUMENT placed in vault. (mps) (Entered: 04/25/2012)

04/24/2012 164 Letter by (11-Cr-62-01) Ricardo Fernandez addressed to Judge Paul A. Crotty from Attorney Andrew G. Patel dated April 24, 2012 re: This letter is respectfully submitted to advise your Honor that I have had an opportunity to review all the relevant documents in this matter. I have also spoken with Assistant United States Attorney Howard Master, Esq., and Mr. Fernandez's counsel Marc Agnifilo, Esq., and Osnat Lupesko-Perseky, Esq.... Based on all of the above, I can now respectfully advise your Honor that Mr. Fernandez is prepared to proceed with sentencing represented by Mr. Agnifilo and Ms. Lupesko-Perseky according to the schedule to be set by your Honor. (bw) (Entered: 04/26/2012)

04/24/2012 162 ENDORSED LETTER as to Donna Levy addressed to Judge Paul A. Crotty from Scott A. Srebnick dated 4/23/2012 re: request permission for counsel to participate in the 4/25/2012 status conference by telephone. ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty on 4/24/2012)(jar) (Entered: 04/24/2012)


1:11-cr-00062-PAC USA v. Fernandez et al
1:11-cr-00062-PAC-1 Ricardo Fernandez
1:11-cr-00062-PAC-2 Jeffrey Halbirt
1:11-cr-00062-PAC-3 Stinson Bland
1:11-cr-00062-PAC-4 Donna Levy
1:11-cr-00062-PAC-5 Jeffrey Hurwitt
1:11-cr-00062-PAC-6 Michael Steinberg
1:11-cr-00062-PAC-7 William Mackey
1:11-cr-00062-PAC-8 Thomas Prezioso
1:11-cr-00062-PAC-9 Bradley Susser

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

[MB70]

Are there any updates on this case? In particular, Stinson Bland?

[scion]

Pacer Update 20 Apr 12 USA v. Fernandez et al Case 1:11-cr-00062-PAC -

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

Date Filed # Docket Text

04/20/2012 161 ENDORSED LETTER as to Donna Levy, David Levy, addressed to Judge Paul A. Crotty, from Scott A. Srenbnick, atty for dft, dated 4/19/2012, re: request that the Court excuse Donna and David Levy from the status conference scheduled for 4/25/2012.... -- Judge endorsed: SO ORDERED. (Signed by Judge Paul A. Crotty on 4/20/2012,)(ja) (Entered: 04/20/2012)

04/19/2012 160 NOTICE of Change of Address as to David Levy. New Address: Gerald L. Shargel Law Offices, 1790 Broadway, Ste. 1501, New York, New York, United States 10019, 2124462323. (Shargel, Gerald) (Entered: 04/19/2012)

04/19/2012 159 MEMO ENDORSEMENT as to (11-Cr-62-11) David Levy on "Memo" submitted by AUSA Howard Master dated April 9, 2012. It is hereby certified pursuant to the order of this Court entered on the 22nd day of May, 1920, that the bail of the above named defendant was fixed by Magistrate Judge Robin S. Rosenbaum, SDFL, $500,000 PSB Bond Entered as to David Levy, Special Conditions: a. Surrender all passports and travel documents to the Pretrial Services Office, b. Report to Pretrial Services as directed, c. Submit to substance abuse testing and/or treatment as directed by Pretrial Services, d. Refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, g. Maintain or actively seek full-time employment, i. Avoid all contact with victims of or witnesses to the crimes charged, except through counsel, j. Refrain from possessing a firearm, destructive device or other dangerous weapons, p. May travel to and from SD/FL and SD/NY location and must notify Pretrial Services of travel plans before leaving and upon return. Order that the Clerk of the District Court for the Southern District of New York accept the sum of XXXXX TWENTY FIVE THOUSAND AND 12 CENTS XXXXX Dollars ($25,000.12) for the transfer of bail for the said defendant from the United States District Court, Southern District of Florida. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 4/19/2012)(bw) (Entered: 04/19/2012)

04/10/2012 Docket Annotation as to Ricardo Fernandez: The docket shall reflect that Andrew Patel, Esq., was appointed on April 3, 2012 not Xavier Donaldson. Mr. Patel was appointed by Magistrate Judge Peck for a limited purpose (By: Marlon Ovalles - Courtroom Deputy). (mov) (Entered: 04/10/2012)

04/09/2012 Calendar Entry as to William Mackey: **DATE CHANGE**: Sentencing now scheduled to go forward on Wednesday, May 23, 2012 at 04:00 PM (**NOT 04/23/12**) in Courtroom 20-C before Judge Paul A. Crotty, U.S.D.J. Reason for date change: Defense counsel requires and additional 30 days to prepare for sentencing (reset via e-mail by Marlon Ovalles - Courtroom Deputy). (mov) (Entered: 04/09/2012)

04/06/2012 157 CJA 23 Financial Affidavit by Ricardo Fernandez.Approved. Andrew Patel, Esq. appointed. (Signed by Magistrate Judge Andrew J. Peck) (ja) (Entered: 04/06/2012)

04/06/2012 Set/Reset Hearings as to Stinson Bland: Sentencing set for 5/17/2012 at 4:00 PM in Courtroom 20-C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (dnd) (Entered: 04/06/2012)
04/06/2012 156 ENDORSED LETTER as to Stinson Bland addressed to Judge Paul A. Crotty from Marvin E. Schechter dated 4/3/2012 re: Defense counsel writes to seek an adjournment of the sentencing currently scheduled for April 17, 2012, in the above referenced matter. ENDORSEMENT: Application GRANTED. The sentencing is adjourned to 5/17/2012 at 4:00 p.m. in Courtroom 20-C. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/6/2012)(dnd) (Entered: 04/06/2012)

04/04/2012 155 STIPULATED PROTECTIVE ORDER as to Donna Levy, Thomas Prezioso, David Levy...regarding procedures to be followed that shall govern the handling of confidential material.... SO ORDERED. (Signed by Judge Paul A. Crotty on 4/4/2012)(dnd) (Entered: 04/05/2012)

04/03/2012 158 CJA 20 as to Ricardo Fernandez: Appointment of Attorney Andrew G. Patel for Ricardo Fernandez. (Signed by Magistrate Judge Andrew J. Peck on 4/6/12) CJA Office has mailed the original and sent a copy to the file. (sac) (Entered: 04/11/2012)

04/03/2012 **SEE 04/10/12 Docket Annotation for Clarification** Minute Entry for proceedings held before Judge Paul A. Crotty: Pretrial Conference as to Ricardo Fernandez held on 4/3/2012. REMARK: Defendant Ricardo Fernandez present with his attorneys Marc A. Agnifilo and Osnat Lupesko-Persky. AUSA Howard Master present. The Court directed the parties to appear in Magistrate Court today in order to have the on-duty CJA attorney (Xavier Donaldson) appointed for the limited purpose of providing Mr. Fernandez with independent advice on the issues raised in open Court. Mr. Agnifilo was directed to advise Mr. Donaldson that he should contact the Court after meeting with Mr. Fernandez. The Court will in turn schedule a conference to discuss the next steps in this matter. The sentencing proceeding of Mr. Fernandez will not go forward on April 26, and will be rescheduled after the subsequent conference is held. See transcript for complete details of this proceeding. (mov) Modified on 4/10/2012 (mov). (Entered: 04/03/2012)


1:11-cr-00062-PAC USA v. Fernandez et al
1:11-cr-00062-PAC-1 Ricardo Fernandez
1:11-cr-00062-PAC-2 Jeffrey Halbirt
1:11-cr-00062-PAC-3 Stinson Bland
1:11-cr-00062-PAC-4 Donna Levy
1:11-cr-00062-PAC-5 Jeffrey Hurwitt
1:11-cr-00062-PAC-6 Michael Steinberg
1:11-cr-00062-PAC-7 William Mackey
1:11-cr-00062-PAC-8 Thomas Prezioso
1:11-cr-00062-PAC-9 Bradley Susser

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

[scion]

Pacer Update 02 Apr 12 USA v. Fernandez et al Case 1:11-cr-00062-PAC -

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

Date Filed # Docket Text

04/02/2012 Set/Reset Hearings as to Bradley Susser: Sentencing set for 6/21/2012 at 4:30 PM in Courtroom 20-C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (dnd) (Entered: 04/02/2012)

04/02/2012 154 ENDORSED LETTER as to Bradley Susser addressed to Judge Paul A. Crotty from Deborah Colson dated 3/29/2012 re: Defense counsel writes to request that the sentencing of the defendant scheduled for April 24, 2012 be adjourned to a date in mid June that is convenient to the court. ENDORSEMENT: Application granted. The sentencing is adjourned to 6/21/2012 at 4:30 p.m. in Courtroom 20-C. SO ORDERED. (Signed by Judge Denise L. Cote on 4/2/2012)(dnd) (Entered: 04/02/2012)

03/30/2012 153 TRANSCRIPT of Proceedings as to Donna Levy, Thomas Prezioso, David Levy held on 1/26/2012 before Judge Paul A. Crotty. (dnd) (Entered: 03/30/2012)

Note: Transcript is not yet available.


1:11-cr-00062-PAC USA v. Fernandez et al
1:11-cr-00062-PAC-1 Ricardo Fernandez
1:11-cr-00062-PAC-2 Jeffrey Halbirt
1:11-cr-00062-PAC-3 Stinson Bland
1:11-cr-00062-PAC-4 Donna Levy
1:11-cr-00062-PAC-5 Jeffrey Hurwitt
1:11-cr-00062-PAC-6 Michael Steinberg
1:11-cr-00062-PAC-7 William Mackey
1:11-cr-00062-PAC-8 Thomas Prezioso
1:11-cr-00062-PAC-9 Bradley Susser

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

[EarnestDD]

Sounds like Ricardo couldn't pay his lawyer.
jmo

[scion]

03/16/2012 152 ENDORSED LETTER as to Ricardo Fernandez addressed to Judge Paul A. Crotty from Marc Agnifilo dated March 14, 2012 re: I write to the Court to request that my firm and I be relieved as counsel for Mr. Fernandez and that Mr. Fernandez be assigned court-appointed counsle. ENDORSEMENT: The Court directs that a conference be held in this matter to address the issues raised. Mr. Fernandez must appear at the conference. At the conference it will be determined whether Mr. Fernandez is eligible for appointed counsel; and what subsequent steps may be appropriate. SO ORDERED. (Signed by Judge Paul A. Crotty on March 16, 2012)(mov) (Entered: 03/17/2012)

Doc 152 PDF file
https://viewer.zoho.com/docs/moCdS

[scion]

Pacer Update 16 Mar 12 USA v. Fernandez et al Case 1:11-cr-00062-PAC -

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

Date Filed # Docket Text

03/16/2012 Calendar Entry as to Ricardo Fernandez: A Pretrial Conference to discuss the March 16, 2012 endorsed letter is set for Tuesday, April 3, 2012 at 12:45 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty, U.S.D.J. In the event Judge Crotty deems the application to be relieved as counsel appropriate, the parties will be directed to appear in Magistrate Court for an appointment of counsel proceeding on April 3 (By: Marlon Ovalles - Courtroom Deputy). (mov) (Entered: 03/17/2012)

03/16/2012 152 ENDORSED LETTER as to Ricardo Fernandez addressed to Judge Paul A. Crotty from Marc Agnifilo dated March 14, 2012 re: I write to the Court to request that my firm and I be relieved as counsel for Mr. Fernandez and that Mr. Fernandez be assigned court-appointed counsle. ENDORSEMENT: The Court directs that a conference be held in this matter to address the issues raised. Mr. Fernandez must appear at the conference. At the conference it will be determined whether Mr. Fernandez is eligible for appointed counsel; and what subsequent steps may be appropriate. SO ORDERED. (Signed by Judge Paul A. Crotty on March 16, 2012)(mov) (Entered: 03/17/2012)

03/16/2012 ENDORSED LETTER as to Ricardo Fernandez addressed to Judge Paul A. Crotty from Marc Agnifilo dated March 14, 2012 re: I write to the Court to request that my firm and I be relieved as counsel for Mr. Fernandez and that Mr. Fernandez be assigned court-appointed counsle. ENDORSEMENT: The Court directs that a conference be held in this matter to address the issues raised. Mr. Fernandez must appear at the conference. At the conference it will be determined whether Mr. Fernandez is eligible for appointed counsel; and what subsequent steps may be appropriate. SO ORDERED. (Signed by Judge Paul A. Crotty on March 16, 2012)(mov) (Entered: 03/17/2012)


1:11-cr-00062-PAC USA v. Fernandez et al
1:11-cr-00062-PAC-1 Ricardo Fernandez
1:11-cr-00062-PAC-2 Jeffrey Halbirt
1:11-cr-00062-PAC-3 Stinson Bland
1:11-cr-00062-PAC-4 Donna Levy
1:11-cr-00062-PAC-5 Jeffrey Hurwitt
1:11-cr-00062-PAC-6 Michael Steinberg
1:11-cr-00062-PAC-7 William Mackey
1:11-cr-00062-PAC-8 Thomas Prezioso
1:11-cr-00062-PAC-9 Bradley Susser

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

[scion]

Pacer Update 09 Mar 12 USA v. Fernandez et al Case 1:11-cr-00062-PAC -

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

Date Filed # Docket Text

03/09/2012 151 ENDORSED LETTER as to Stinson Bland addressed to Judge Paul A. Crotty from Marvin E. Schechter dated 3/7/12 re: To request permission for my client Stinson Bland, in the above referenced matter, to travel outside of the State of Texas. Currently his release conditions, set by the Magistrate Judge in October, 2010, restrict Mr. Bland to the Texas only. Specifically, Mr. Bland requests that he be permitted to travel on March 22-25, 2012, from Dallas, Texas, to New Orleans, Louisiana, to attend the wedding of a close friend...ENDORSEMENT..SO ORDERED. (Signed by Judge Paul A. Crotty on 3/9/12)(jw) (Entered: 03/09/2012)

03/08/2012 150 ENDORSED LETTER as to Donna Levy, Thomas Prezioso, David Levy, addressed to Judge Paul A. Crotty, from Howard S. Master, AUSA, dated 3/7/2012, re: requests that the Court adjourn the PTC as to the Levy dft's and dft Prezioso only, which is currently scheduled for March 15, 2012 until a date during the last two weeks of April 2012. -- Judge endorsed: Application GRANTED. The conference is adjourned to Wednesday, 4/25/2012 at 4:15 p.m. in Crtrm 20C. Time excluded through 4/25/2012. So ordered. ( Pretrial Conference set for 4/25/2012 at 04:15 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 3/8/2012)(ja) (Entered: 03/08/2012)

03/08/2012 149 ENDORSED LETTER as to William Mackey, addressed to Judge Paul A. Crotty, from Kenneth A. Paul, atty for dft, dated 3/7/2012, re: request that Mr. Mackey's bond be modified and expanded to allow him to travel and visit with his newborn grandson in Dallas, TX on March 24th and returning on March 27th. -- Judge endorsed: So ordered.
(Signed by Judge Paul A. Crotty on 3/8/2012)(ja) (Entered: 03/08/2012)

03/08/2012 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 148 as to Defendant(s) William Mackey: HAS BEEN REJECTED. Note to Attorney Kenneth Alan Paul : 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) (Entered: 03/08/2012)

03/07/2012 148 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Travel. Document filed by William Mackey. (Paul, Kenneth) Modified on 3/8/2012 (ka). (Entered: 03/07/2012)

02/03/2012 147 TRANSCRIPT of Proceedings (Plea) as to Ricardo Fernandez held on 12/21/2011 before Judge Paul A. Crotty. (ja) (Entered: 02/07/2012)

Note: Doc 147 not available for download.

1:11-cr-00062-PAC USA v. Fernandez et al
1:11-cr-00062-PAC-1 Ricardo Fernandez
1:11-cr-00062-PAC-2 Jeffrey Halbirt
1:11-cr-00062-PAC-3 Stinson Bland
1:11-cr-00062-PAC-4 Donna Levy
1:11-cr-00062-PAC-5 Jeffrey Hurwitt
1:11-cr-00062-PAC-6 Michael Steinberg
1:11-cr-00062-PAC-7 William Mackey
1:11-cr-00062-PAC-8 Thomas Prezioso
1:11-cr-00062-PAC-9 Bradley Susser

Defendant (1)
Ricardo Fernandez

represented by Marc Antony Agnifilo
Brafman & Associates, P.C.
767 Third Avenue
New York, NY 10017
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Osnat Lupesko-Persky
Brafman & Associates, P.C.
767 Third Avenue
New York, NY 10017
(212)-750-7800
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2s-4s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (2)
Jeffrey Halbirt

Pending Counts

18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(5s-6s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (3)
Stinson Bland

represented by Marvin Ephraim Schechter
Marvin E. Schechter, Esq
152 West 57th Street, 24th Floor
New York, NY 10019
(212)-307-1405
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(5s-6s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.


Defendant (4)
Donna Levy

represented by Michael L. MacKlowitz
Law Office of Michael L. Macklowitz
299 Broadway,
Suite 1405
New York, NY 10007
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (5)
Jeffrey Hurwitt

represented by Lawrence A. Dubin
Goldberger & Dubin, P.C.
401 Broadway
Suite 306
New York, NY 10013
[phone]
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s-5s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (6)
Michael Steinberg

represented by Dominic A. Barbara
1100 Stewart Avenue
Garden City, NY 11530
[phone]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (7)
William Mackey

represented by Nicholas G. Kaizer
Richard Ware Levitt
148 East 78th Street
New York, NY 10021
212737-0400
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2s-3s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (8)
Thomas Prezioso

Pending Counts
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2-6)
MONEY LAUNDERING - FRAUD, OTHER
(7)

Highest Offense Level (Opening)
Felony

Complaints
None

Defendant (9)
Bradley Susser

Pending Counts
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2-6)
MONEY LAUNDERING - FRAUD, OTHER
(7)

Highest Offense Level (Opening)
Felony

Complaints
None


Plaintiff
USA

represented by Chi T. Steve Kwok
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Howard Seth Master
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212)-637-2248
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Steve C. Lee
United States Attorney Office, SDNY
One Saint Andrew's Plaza
New York, NY 10007
(212)-637-2413
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

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

[scion]

Pacer Update 27 Jan 12 USA v. Fernandez et al Case 1:11-cr-00062-PAC -

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

Date Filed # Docket Text

01/26/2012 Minute Entry for proceedings held before Judge Paul A. Crotty: Arraignment as to Donna Levy (4) Count 1ss,2ss-3ss,4ss,7ss and Thomas Prezioso (8) Count 4s,5s-9s,10s and David Levy (11) Count 1,2-3 held on 1/26/2012. REMARK: Defendants Donna Levy, David Levy and Thomas Prezioso present with counsel. AUSA Howard Master present. Pretrial Officer Thomas Marino present. Court Reporter Tara Jones present. The defendants waived the public reading of S3 and entered pleas of not guilty. The bail conditions as to both Levy defendants was amended to reflect continental travel throughout the United States. The jury trial was adjourned to Tuesday, October 9, 2012. The next pretrial conference is scheduled to go forward on Thursday, March 15 at 4:30 PM in Courtroom 20-C. In the event defendants Donna Levy, David Levy and Thomas Prezioso wish to be excused from the 3/15/12 PTC, counsel shall submit a letter to that effect one week prior to the conference. Time excluded. See transcript for details. (mov) (Entered: 01/27/2012)

01/26/2012 146 TRANSCRIPT of Proceedings as to Jeffrey Halbirt held on July 13, 2011 @ 4:45 pm before Judge Paul A. Crotty. (jab) (Entered: 01/26/2012)

(Note: Transcript not yet filed on Pacer)

01/25/2012 CALENDAR ENTRY **REMINDER** as to Donna Levy, Thomas Prezioso, David Levy: Pretrial Conference set for Thursday, January 26, 2012 at 4:30 PM in Courtroom 20-C before Judge Paul A. Crotty, U.S.D.J (By: Marlon Ovalles - Courtroom Deputy) (mov) (Entered: 01/25/2012)



1:11-cr-00062-PAC USA v. Fernandez et al
1:11-cr-00062-PAC-1 Ricardo Fernandez
1:11-cr-00062-PAC-2 Jeffrey Halbirt
1:11-cr-00062-PAC-3 Stinson Bland
1:11-cr-00062-PAC-4 Donna Levy
1:11-cr-00062-PAC-5 Jeffrey Hurwitt
1:11-cr-00062-PAC-6 Michael Steinberg
1:11-cr-00062-PAC-7 William Mackey
1:11-cr-00062-PAC-8 Thomas Prezioso
1:11-cr-00062-PAC-9 Bradley Susser

Defendant (1)
Ricardo Fernandez

represented by Marc Antony Agnifilo
Brafman & Associates, P.C.
767 Third Avenue
New York, NY 10017
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Osnat Lupesko-Persky
Brafman & Associates, P.C.
767 Third Avenue
New York, NY 10017
(212)-750-7800
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2s-4s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (2)
Jeffrey Halbirt

Pending Counts

18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(5s-6s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (3)
Stinson Bland

represented by Marvin Ephraim Schechter
Marvin E. Schechter, Esq
152 West 57th Street, 24th Floor
New York, NY 10019
(212)-307-1405
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(5s-6s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.


Defendant (4)
Donna Levy

represented by Michael L. MacKlowitz
Law Office of Michael L. Macklowitz
299 Broadway,
Suite 1405
New York, NY 10007
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (5)
Jeffrey Hurwitt

represented by Lawrence A. Dubin
Goldberger & Dubin, P.C.
401 Broadway
Suite 306
New York, NY 10013
[phone]
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s-5s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (6)
Michael Steinberg

represented by Dominic A. Barbara
1100 Stewart Avenue
Garden City, NY 11530
[phone]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (7)
William Mackey

represented by Nicholas G. Kaizer
Richard Ware Levitt
148 East 78th Street
New York, NY 10021
212737-0400
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2s-3s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (8)
Thomas Prezioso

Pending Counts
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2-6)
MONEY LAUNDERING - FRAUD, OTHER
(7)

Highest Offense Level (Opening)
Felony

Complaints
None

Defendant (9)
Bradley Susser

Pending Counts
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2-6)
MONEY LAUNDERING - FRAUD, OTHER
(7)

Highest Offense Level (Opening)
Felony

Complaints
None


Plaintiff
USA

represented by Chi T. Steve Kwok
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Howard Seth Master
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212)-637-2248
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Steve C. Lee
United States Attorney Office, SDNY
One Saint Andrew's Plaza
New York, NY 10007
(212)-637-2413
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

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

[scion]

01/10/2012 141 Rule 5(c)(3) Documents Received as to (S3-11-Cr-62-11) David Levy from the United States District Court - Southern District of Florida (Ft. Lauderdale), their Case Number: 11-mj-6625-RSR. (Attachments: # 1 Notice of Temporary Appearance as Counsel (doc.#2), # 2 Report Commencing Criminal Action (doc.#3), # 3 Waiver of Rule 5 & 5.1 Removal / Identity Hearings (doc.#4), # 4 Order of Removal (doc.#5), # 5 Court Minutes (doc.#6), # 6 Standard Conditions of Bond (doc.#8), # 7 Standard Conditions of Bond (doc.#9))(bw) (Entered: 01/10/2012)


Doc 141 PDF file
https://viewer.zoho.com/docs/gI0jc



Document Number: 141 1 page 46 kb

Attachment Description
1 Notice of Temporary Appearance as Counsel (doc.#2) 1 page 67 kb
2 Report Commencing Criminal Action (doc.#3) 1 page 89 kb
3 Waiver of Rule 5 & 5.1 Removal / Identity Hearings (doc.#4) 1 page 76 kb
4 Order of Removal (doc.#5) 1 page 63 kb
5 Court Minutes (doc.#6) 1 page 43 kb
6 Standard Conditions of Bond (doc.#8) 4 pages 311 kb
7 Standard Conditions of Bond (doc.#9) 5 pages 375 kb

[scion]

Pacer Update 18 Jan 12 USA v. Fernandez et al Case 1:11-cr-00062-PAC -

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


Date Filed # Docket Text

01/18/2012 144 ENDORSED LETTER as to (11-Cr-62-04) Donna Levy addressed to Clerk's Office, U.S. District Court, Southern District of New York from Attorney Bradford M. Cohen dated January 17, 2012 re: submitted to move the Court for an order to allow Defendant Donna Levy travel to Orlando, FL for the dates of January 19, 2012 through and including January 30, 2012 and to Beverly Hills, CA for the dates of February 6, 2012 through February 29, 2012 for work purposes. ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty on 1/18/2012)(bw) (Entered: 01/18/2012)

01/18/2012 143 ENDORSED LETTER as to (11-Cr-62-11) David Levy addressed to Judge Paul A. Crotty from Attorney Gerald L. Shargel dated January 17, 2012 re: submitted to move the Court for an Order allowing defendant David Levy to travel with his wife to: (1) Travel to Orlando, FL and New York, NY from January 18 through January 30, 2012; and (2) Travel to Los Angeles, CA from February 6 through March 1, 2012. I have conferred with U.S. Probation Officer Tania Harkins of the Southern District of Florida, and she has no objection to this travel. ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty on 1/18/2012)(bw) (Entered: 01/18/2012)

01/18/2012 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 142 as to Defendant(s) David Levy: HAS BEEN REJECTED. Note to Attorney Gerald Lawrence Shargel : 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) (Entered: 01/18/2012)

01/17/2012 142 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Travel. Document filed by David Levy. (Shargel, Gerald) Modified on 1/18/2012 (ka). (Entered: 01/17/2012)

01/10/2012 141 Rule 5(c)(3) Documents Received as to (S3-11-Cr-62-11) David Levy from the United States District Court - Southern District of Florida (Ft. Lauderdale), their Case Number: 11-mj-6625-RSR. (Attachments: # 1 Notice of Temporary Appearance as Counsel (doc.#2), # 2 Report Commencing Criminal Action (doc.#3), # 3 Waiver of Rule 5 & 5.1 Removal / Identity Hearings (doc.#4), # 4 Order of Removal (doc.#5), # 5 Court Minutes (doc.#6), # 6 Standard Conditions of Bond (doc.#8), # 7 Standard Conditions of Bond (doc.#9))(bw) (Entered: 01/10/2012)

01/10/2012 140 NOTICE OF ATTORNEY APPEARANCE: Robert Craig Morvillo appearing for Michael Oiring. (Morvillo, Robert) (Entered: 01/10/2012)

01/10/2012 139 NOTICE OF ATTORNEY APPEARANCE: Gregory Robert Morvillo appearing for Michael Oiring. (Morvillo, Gregory) (Entered: 01/10/2012)

01/09/2012 138 NOTICE OF ATTORNEY APPEARANCE: Gerald Lawrence Shargel appearing for David Levy. (Shargel, Gerald) (Entered: 01/09/2012)

01/05/2012 Set/Reset Hearings as to Jeffrey Hurwitt, Ricardo Fernandez, Jeffrey Halbirt, Stinson Bland, Donna Levy, Michael Steinberg, William Mackey, Thomas Prezioso, Bradley Susser, Michael Oiring, David Levy: Pretrial Conference set for 1/26/2012 at 4:30 PM in Courtroom 20-C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (dnd) (Entered: 01/05/2012)

01/05/2012 137 ENDORSED LETTER: As to Jeffrey Hurwitt, Ricardo Fernandez, Jeffrey Halbirt, Stinson Bland, Donna Levy, Michael Steinberg, William Mackey, Thomas Prezioso, Bradley Susser, Michael Oiring, David Levy addressed to Judge Paul A. Crotty from Scott A. Srebnick dated 1/4/2012. I represent Donna Levy in the above-styled case. I write, with the consent of the government and counsel for the remaining co-defendants, to request that the Court adjourn the Pretrial Conference ("PTC") currently scheduled for January 11, 2012, and rescheduleit for the week of January 23, 2012 (preferably on January 26, if possible). Mrs. Levy has not previously requested an adjournment of this date. ENDORSEMENT: Application Granted. The conference is adjourned to 1/26/2012 at 4:30 p.m. in Courtroom 20-C. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/5/2012)(dnd) (Entered: 01/05/2012)




1:11-cr-00062-PAC USA v. Fernandez et al
1:11-cr-00062-PAC-1 Ricardo Fernandez
1:11-cr-00062-PAC-2 Jeffrey Halbirt
1:11-cr-00062-PAC-3 Stinson Bland
1:11-cr-00062-PAC-4 Donna Levy
1:11-cr-00062-PAC-5 Jeffrey Hurwitt
1:11-cr-00062-PAC-6 Michael Steinberg
1:11-cr-00062-PAC-7 William Mackey
1:11-cr-00062-PAC-8 Thomas Prezioso
1:11-cr-00062-PAC-9 Bradley Susser

Defendant (1)
Ricardo Fernandez

represented by Marc Antony Agnifilo
Brafman & Associates, P.C.
767 Third Avenue
New York, NY 10017
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Osnat Lupesko-Persky
Brafman & Associates, P.C.
767 Third Avenue
New York, NY 10017
(212)-750-7800
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2s-4s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (2)
Jeffrey Halbirt

Pending Counts

18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(5s-6s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (3)
Stinson Bland

represented by Marvin Ephraim Schechter
Marvin E. Schechter, Esq
152 West 57th Street, 24th Floor
New York, NY 10019
(212)-307-1405
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(5s-6s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.


Defendant (4)
Donna Levy

represented by Michael L. MacKlowitz
Law Office of Michael L. Macklowitz
299 Broadway,
Suite 1405
New York, NY 10007
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (5)
Jeffrey Hurwitt

represented by Lawrence A. Dubin
Goldberger & Dubin, P.C.
401 Broadway
Suite 306
New York, NY 10013
[phone]
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s-5s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (6)
Michael Steinberg

represented by Dominic A. Barbara
1100 Stewart Avenue
Garden City, NY 11530
[phone]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (7)
William Mackey

represented by Nicholas G. Kaizer
Richard Ware Levitt
148 East 78th Street
New York, NY 10021
212737-0400
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2s-3s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (8)
Thomas Prezioso

Pending Counts
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2-6)
MONEY LAUNDERING - FRAUD, OTHER
(7)

Highest Offense Level (Opening)
Felony

Complaints
None

Defendant (9)
Bradley Susser

Pending Counts
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2-6)
MONEY LAUNDERING - FRAUD, OTHER
(7)

Highest Offense Level (Opening)
Felony

Complaints
None


Plaintiff
USA

represented by Chi T. Steve Kwok
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Howard Seth Master
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212)-637-2248
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Steve C. Lee
United States Attorney Office, SDNY
One Saint Andrew's Plaza
New York, NY 10007
(212)-637-2413
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

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

[dade]

http://www.justice.gov/usao/nys/pressreleases/December11/levydavidarrestpr.pdf

[scion]

12/21/2011 134 (S3) SUPERSEDING INDICTMENT FILED as to Ricardo Fernandez (1) count(s) 4ss, 5ss-7ss, 10ss, Donna Levy (4) count(s) 1ss, 2ss-3ss, 4ss, 7ss, Thomas Prezioso (8) count(s) 4s, 5s-9s, 10s, David Levy (11) count(s) 1, 2-3. (dnd) (Document was originally filed under seal on 12/20/2011.) (Entered: 12/30/2011)

Doc 134 PDF file
https://viewer.zoho.com/docs/gdOMn

[scion]

Pacer Update 29 Dec 11 Case 1:11-cr-00062-PAC - USA v. Fernandez et al

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

Date Filed # Docket Text

12/29/2011 Set/Reset Hearings as to Donna Levy: Pretrial Conference set for 1/11/2012 at 4:15 PM in Courtroom 20-C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.. (dnd) (Entered: 12/29/2011)

12/29/2011 133 ENDORSED LETTER: As to Donna Levy addressed to Judge Paul A. Crotty from Howard S. Master dated 12/27/2011. re: I write to the Court to request that, in view of recent developments in the above captioned case, the Court schedule a pretrial conference in the case for the second week in January and adjourn the January 6, 2012 deadline that had been set by the Court for the filing of pretrial motions in the case. In view of new allegations, new defendant, additional discovery, and new composition of the case, the parties believe that the quantity and nature of pretrial motions may change. Thus, the parties seek an adjournment of the January 6, 20 12 motion deadline previously set by the Court, pending further order of the Court. The parties also expect that an adjournment of the current February 21, 2012 trial date may be necessary in view of these developments, although they will be prepared to address this topic at the next conference date set by the Court. Accordingly, the parties request that the Court schedule a pretrial conference in the case for the second week in January 201 2, at which David Levy and the remaining defendants may be arraigned on the Indictment, and at which the parties may address with the Court the schedule for pretrial motions and a trial in the case. ENDORSEMENT: Application granted and the PTC will go forward on 1/11/2012 at 4:15 p.m. in Courtroom 20-C. The PTC will deal with those defendant's scheduled to go on trial. SO ORDERED. (Signed by Judge Paul A. Crotty on 12/29/2011)(dnd) (Entered: 12/29/2011)

12/22/2011 132 SEALED DOCUMENT placed in vault. (mps) (Entered: 12/22/2011)

12/21/2011 136 ORDER as to (S3-11-Cr-62) Ricardo Fernandez, Donna Levy, Thomas Prezioso, David Levy.... It is found that the Third Superseding Indictment in the above-captioned action (S3 11 Cr. 62 (PAC)) is currently sealed and the United States Attorney's Office has applied to have that Indictment unsealed, it is therefore ORDERED that the Indictment in the above-captioned action be unsealed and remain unsealed pending further order of the Court. (Signed by Judge Paul A. Crotty on 12/21/2011)(bw) (Entered: 12/30/2011)

12/21/2011 134 (S3) SUPERSEDING INDICTMENT FILED as to Ricardo Fernandez (1) count(s) 4ss, 5ss-7ss, 10ss, Donna Levy (4) count(s) 1ss, 2ss-3ss, 4ss, 7ss, Thomas Prezioso (8) count(s) 4s, 5s-9s, 10s, David Levy (11) count(s) 1, 2-3. (dnd) (Document was originally filed under seal on 12/20/2011.) (Entered: 12/30/2011)

12/21/2011 Minute Entry for proceedings held before Judge Paul A. Crotty: Change of Plea Hearing as to (S1-11-Cr-62-01) Ricardo Fernandez held on 12/21/2011. REMARK: Defendant Ricardo Fernandez present with his attorneys Marc Agnifilo ann Osnat Lupesko-Persky. AUSA Howard Master present. Court Reporter Sonya Huggins present. The Court marked the plea agreement as a Court Exhibit 1. The defendant entered a plea of GUILTY as to Count 1 of the Superseding Indictment. The Court accepted the guilty plea, and set Thursday, April 26, 2012 at 4:30 PM as the sentencing date and time. The PSR was ordered. All current bail conditions remain in effect. See transcript for details. (Plea entered by Ricardo Fernandez (1) Guilty as to Count 1s.) (mov); Modified on 12/28/2011 (bw). (Entered: 12/21/2011)

12/19/2011 Set/Reset Hearings as to (S1-11-Cr-62-09) Bradley Susser: Sentencing set for 4/24/2012 at 04:30 PM before Judge Paul A. Crotty. (bw) (Entered: 12/28/2011)

12/19/2011 Set/Reset Hearings as to (S1-11-Cr-62-07) William Mackey: Sentencing set for 4/23/2012 at 04:30 PM before Judge Paul A. Crotty. (bw) (Entered: 12/28/2011)

12/19/2011 Minute Entry for proceedings held before Judge Paul A. Crotty: Change of Plea Hearing as to (S1-11-Cr-62-09) Bradley Susser held on 12/19/2011. REMARK: Defendant Bradley Susser present with his attorney Deborah A. Colson. AUSA Howard Master present. Court Reporter Tom Murray present. The Court marked the plea agreement as a Court Exhibit 1. The defendant entered a plea of GUILTY as to Count 1 of the Superseding Indictment. The Court accepted the guilty plea, and set Tuesday, April 24, 2012 at 4:30 PM as the sentencing date and time. The PSR was ordered. All current bail conditions remain in effect. See transcript for details. (Plea entered by Bradley Susser (9) Guilty as to Count 1.) (mov); Modified on 12/28/2011 (bw). (Entered: 12/20/2011)

12/19/2011 Minute Entry for proceedings held before Judge Paul A. Crotty: Change of Plea Hearing as to (S1-11-Cr-62-07) William Mackey held on 12/19/2011. Defendant William Mackey present with his attorney Kenneth A. Paul. AUSA Howard Master present. Court Reporter Tom Murray present. The Court marked the plea agreement as a Court Exhibit 1. The defendant entered a plea of GUILTY as to Count 1 of the Superseding Indictment. The Court accepted the guilty plea, and set Monday, April 23, 2012 at 4:30 PM as the sentencing date and time. The PSR was ordered. All current bail conditions remain in effect. See transcript for details. (Plea entered by William Mackey (7) Guilty as to Count 1s.) (mov); Modified on 12/28/2011 (bw). (Entered: 12/19/2011)

12/19/2011 Minute Entry for proceedings held before Judge Paul A. Crotty: Change of Plea Hearing as to (S1-11-Cr-62-03) Stinson Bland held on 12/19/2011. Defendant Stinson Bland present with his attorneys Marvin Schechter and Ronald Goranson. AUSA Howard Master present. Court Reporter Tom Murray present. The Court marked the plea agreement as a Court Exhibit 1. The defendant entered a plea of GUILTY as to Count 1 of the Superseding Indictment. The Court accepted the guilty plea and set Thursday, April 19, 2012 at 3:00 PM as the sentencing date. The PSR will be ordered. All current bail conditions remain in effect. See transcript for details. (Plea entered by Stinson Bland (3) Guilty as to Count 1s.) (mov); Modified on 12/28/2011 (bw). (Entered: 12/19/2011)

12/13/2011 131 MEMO ENDORSEMENT on 130 Motion to Travel as to Ricardo Fernandez (1): SO ORDERED. (Signed by Judge Paul A. Crotty on 12/13/2011) (ab) (Entered: 12/13/2011)

12/13/2011 130 MOTION to Travel. Document filed by Ricardo Fernandez. (Agnifilo, Marc) (Entered: 12/13/2011)

12/12/2011 Calendar Entry as to Michael Oiring **New Date**: The new sentencing control date as to Mr. Michael Oiring is Thursday, June 14, 2012 at 03:00 PM before Judge Paul A. Crotty, U.S.D.J (reset via e-mail by Marlon Ovalles - Courtroom Deputy). (mov) (Entered: 12/12/2011)


1:11-cr-00062-PAC USA v. Fernandez et al
1:11-cr-00062-PAC-1 Ricardo Fernandez
1:11-cr-00062-PAC-2 Jeffrey Halbirt
1:11-cr-00062-PAC-3 Stinson Bland
1:11-cr-00062-PAC-4 Donna Levy
1:11-cr-00062-PAC-5 Jeffrey Hurwitt
1:11-cr-00062-PAC-6 Michael Steinberg
1:11-cr-00062-PAC-7 William Mackey
1:11-cr-00062-PAC-8 Thomas Prezioso
1:11-cr-00062-PAC-9 Bradley Susser

Defendant (1)
Ricardo Fernandez

represented by Marc Antony Agnifilo
Brafman & Associates, P.C.
767 Third Avenue
New York, NY 10017
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Osnat Lupesko-Persky
Brafman & Associates, P.C.
767 Third Avenue
New York, NY 10017
(212)-750-7800
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2s-4s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (2)
Jeffrey Halbirt

Pending Counts

18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(5s-6s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (3)
Stinson Bland

represented by Marvin Ephraim Schechter
Marvin E. Schechter, Esq
152 West 57th Street, 24th Floor
New York, NY 10019
(212)-307-1405
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(5s-6s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.


Defendant (4)
Donna Levy

represented by Michael L. MacKlowitz
Law Office of Michael L. Macklowitz
299 Broadway,
Suite 1405
New York, NY 10007
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (5)
Jeffrey Hurwitt

represented by Lawrence A. Dubin
Goldberger & Dubin, P.C.
401 Broadway
Suite 306
New York, NY 10013
[phone]
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s-5s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (6)
Michael Steinberg

represented by Dominic A. Barbara
1100 Stewart Avenue
Garden City, NY 11530
[phone]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (7)
William Mackey

represented by Nicholas G. Kaizer
Richard Ware Levitt
148 East 78th Street
New York, NY 10021
212737-0400
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2s-3s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (8)
Thomas Prezioso

Pending Counts
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2-6)
MONEY LAUNDERING - FRAUD, OTHER
(7)

Highest Offense Level (Opening)
Felony

Complaints
None

Defendant (9)
Bradley Susser

Pending Counts
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2-6)
MONEY LAUNDERING - FRAUD, OTHER
(7)

Highest Offense Level (Opening)
Felony

Complaints
None


Plaintiff
USA

represented by Chi T. Steve Kwok
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Howard Seth Master
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212)-637-2248
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Steve C. Lee
United States Attorney Office, SDNY
One Saint Andrew's Plaza
New York, NY 10007
(212)-637-2413
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

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

[scion]

Pacer Update 05 Dec 11 Case 1:11-cr-00062-PAC - USA v. Fernandez et al

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

Date Filed # Docket Text

12/05/2011 128 ENDORSED LETTER as to (11-Cr-62-10) Michael Oiring addressed to Judge Paul A. Crotty from Attorney Gregory Morvillo dated December 2, 2011 re: Mr. Michael Oiring would like permission to accompany his family on vacation to Las Vegas, Nevada. He proposes to leave on December 11, 2011, and return December 16, 2011. ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty on 12/5/2011)(bw) (Entered: 12/05/2011)


1:11-cr-00062-PAC USA v. Fernandez et al
1:11-cr-00062-PAC-1 Ricardo Fernandez
1:11-cr-00062-PAC-2 Jeffrey Halbirt
1:11-cr-00062-PAC-3 Stinson Bland
1:11-cr-00062-PAC-4 Donna Levy
1:11-cr-00062-PAC-5 Jeffrey Hurwitt
1:11-cr-00062-PAC-6 Michael Steinberg
1:11-cr-00062-PAC-7 William Mackey
1:11-cr-00062-PAC-8 Thomas Prezioso
1:11-cr-00062-PAC-9 Bradley Susser

Defendant (1)
Ricardo Fernandez

represented by Marc Antony Agnifilo
Brafman & Associates, P.C.
767 Third Avenue
New York, NY 10017
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Osnat Lupesko-Persky
Brafman & Associates, P.C.
767 Third Avenue
New York, NY 10017
(212)-750-7800
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2s-4s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (2)
Jeffrey Halbirt

Pending Counts

18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(5s-6s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (3)
Stinson Bland

represented by Marvin Ephraim Schechter
Marvin E. Schechter, Esq
152 West 57th Street, 24th Floor
New York, NY 10019
(212)-307-1405
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(5s-6s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.


Defendant (4)
Donna Levy

represented by Michael L. MacKlowitz
Law Office of Michael L. Macklowitz
299 Broadway,
Suite 1405
New York, NY 10007
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (5)
Jeffrey Hurwitt

represented by Lawrence A. Dubin
Goldberger & Dubin, P.C.
401 Broadway
Suite 306
New York, NY 10013
[phone]
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s-5s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (6)
Michael Steinberg

represented by Dominic A. Barbara
1100 Stewart Avenue
Garden City, NY 11530
[phone]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (7)
William Mackey

represented by Nicholas G. Kaizer
Richard Ware Levitt
148 East 78th Street
New York, NY 10021
212737-0400
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2s-3s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (8)
Thomas Prezioso

Pending Counts
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2-6)
MONEY LAUNDERING - FRAUD, OTHER
(7)

Highest Offense Level (Opening)
Felony

Complaints
None

Defendant (9)
Bradley Susser

Pending Counts
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2-6)
MONEY LAUNDERING - FRAUD, OTHER
(7)

Highest Offense Level (Opening)
Felony

Complaints
None


Plaintiff
USA

represented by Chi T. Steve Kwok
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Howard Seth Master
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212)-637-2248
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Steve C. Lee
United States Attorney Office, SDNY
One Saint Andrew's Plaza
New York, NY 10007
(212)-637-2413
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

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

[Stock]

How were you dragged in?

Sad I ever got dragged into this scam.

[4gemz]

First time I've read this board in a year. Glad to see some justice passed out. Sad I ever got dragged into this scam.

[scion]

There's nothing new yet on Pacer re Steinberg.

[scion]

Pacer Update 28 Nov 11 Case 1:11-cr-00062-PAC - USA v. Fernandez et al

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

Date Filed # Docket Text

11/28/2011 127 ENDORSED LETTER as to Jeffrey Hurwitt, Ricardo Fernandez, Jeffrey Halbirt, Stinson Bland, Donna Levy, Michael Steinberg, William Mackey, Thomas Prezioso, Bradley Susser, Michael Oiring addressed to Judge Paul A. Crotty, from Howard S. Master, AUSA, dated 11/25/2011, re: request for the Court to adjourn the defendants' motion deadline until the week of January 3, 2012, and the Government's reply deadline to 10 days following the date on which defense motions are due. The Government does not at this time request adjournment of the trial date, now scheduled for February 21, 2012. -- Judge endorsed: Application GRANTED. Motions by 1/6/2012; Response by 1/17/2012. The oral argument is rescheduled to Monday, January 30, 2012 at 4:30 p.m. SO ORDERED. ( Oral Argument set for 1/30/2012 at 04:30 PM before Judge Paul A. Crotty.)( Motions due by 1/6/2012. Responses due by 1/17/2012.) (Signed by Judge Paul A. Crotty on 11/28/2011)(ja) (Entered: 11/28/2011)


1:11-cr-00062-PAC USA v. Fernandez et al
1:11-cr-00062-PAC-1 Ricardo Fernandez
1:11-cr-00062-PAC-2 Jeffrey Halbirt
1:11-cr-00062-PAC-3 Stinson Bland
1:11-cr-00062-PAC-4 Donna Levy
1:11-cr-00062-PAC-5 Jeffrey Hurwitt
1:11-cr-00062-PAC-6 Michael Steinberg
1:11-cr-00062-PAC-7 William Mackey
1:11-cr-00062-PAC-8 Thomas Prezioso
1:11-cr-00062-PAC-9 Bradley Susser

Defendant (1)
Ricardo Fernandez

represented by Marc Antony Agnifilo
Brafman & Associates, P.C.
767 Third Avenue
New York, NY 10017
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Osnat Lupesko-Persky
Brafman & Associates, P.C.
767 Third Avenue
New York, NY 10017
(212)-750-7800
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2s-4s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (2)
Jeffrey Halbirt

Pending Counts

18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(5s-6s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (3)
Stinson Bland

represented by Marvin Ephraim Schechter
Marvin E. Schechter, Esq
152 West 57th Street, 24th Floor
New York, NY 10019
(212)-307-1405
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(5s-6s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.


Defendant (4)
Donna Levy

represented by Michael L. MacKlowitz
Law Office of Michael L. Macklowitz
299 Broadway,
Suite 1405
New York, NY 10007
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (5)
Jeffrey Hurwitt

represented by Lawrence A. Dubin
Goldberger & Dubin, P.C.
401 Broadway
Suite 306
New York, NY 10013
[phone]
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s-5s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (6)
Michael Steinberg

represented by Dominic A. Barbara
1100 Stewart Avenue
Garden City, NY 11530
[phone]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(4s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (7)
William Mackey

represented by Nicholas G. Kaizer
Richard Ware Levitt
148 East 78th Street
New York, NY 10021
212737-0400
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
18:1343.F CONSPIRACY TO COMMIT FRAUD BY WIRE, RADIO, OR TELEVISION
(1)
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1s)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2s-3s)
MONEY LAUNDERING - FRAUD, OTHER
(7s)

Highest Offense Level (Opening)
Felony

Complaints
18:1349:CONSPIRACY TO COMMIT WIRE FRAUD;, 18:1956:CONSPIRACY TO COMMIT MONEY LAUNDERING.

Defendant (8)
Thomas Prezioso

Pending Counts
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2-6)
MONEY LAUNDERING - FRAUD, OTHER
(7)

Highest Offense Level (Opening)
Felony

Complaints
None

Defendant (9)
Bradley Susser

Pending Counts
18:371.F CONSPIRACY TO COMMIT WIRE FRAUD AND SECURITIES FRAUD
(1)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2-6)
MONEY LAUNDERING - FRAUD, OTHER
(7)

Highest Offense Level (Opening)
Felony

Complaints
None


Plaintiff
USA

represented by Chi T. Steve Kwok
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Howard Seth Master
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212)-637-2248
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Steve C. Lee
United States Attorney Office, SDNY
One Saint Andrew's Plaza
New York, NY 10007
(212)-637-2413
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

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

[blackpeter1]

Scion, thanks for the continued posts. There was supposed to be a sentencing on Nov 8th for one of the defendants. I think Steinberg? Was curious if you had the results from that sentencing? I think he was the first person to be sentenced according to the past posts.