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

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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

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