07/13/2015 204 RESPONSE in Opposition re 185 MOTION in Limine , 184 First MOTION to Sever Defendant CORT POYNER, 177 MOTION for Bill of Particulars , 187 MOTION to Sever Defendant , 176 Amended MOTION in Limine (Ott, Christopher) (Entered: 07/13/2015)
NEW YORK -- A Canadian man has pleaded guilty in a New York court to conspiring to commit wire fraud.
The FBI says Sandy Winick pleaded guilty on Friday and faces a maximum sentence of 20 years in prison.
An FBI news release says Winick, 57, was the leader of a multimillion-dollar scheme that used call centres around the world to defraud victims.
The agency says the scheme involved collecting advance fees from investors for the purchase of penny stocks but no services were provided.
The FBI says victims were defrauded of more than $5 million.
Winick was extradited from Thailand to face the American charges.
The FBI says the Ontario man is the seventh person to plead guilty in the case so far.
Winick has also had troubles with the authorities in Canada.
The Ontario Securities Commission ordered Winick and another man to pay more than $1 million in 2013 for the illegal distribution and unregistered trading of securities.
07/17/2015 208 ORDER as to Gary Kershner re 201 Letter: Application granted. So Ordered by Judge Eric N. Vitaliano on 7/17/2015. (Priftakis, Tina) (Entered: 07/17/2015)
07/17/2015 207 MOTION to Modify Conditions of Release by Kolt Curry. (Baum, Alan) (Entered: 07/17/2015)
1:13-cr-00452-ENV USA v. Winick et al 1:13-cr-00452-ENV-1 Sandy Winick 1:13-cr-00452-ENV-2 Gregory Curry 1:13-cr-00452-ENV-3 Kolt Curry 1:13-cr-00452-ENV-4 Gregory Ellis 1:13-cr-00452-ENV-5 Gary Kershner 1:13-cr-00452-ENV-6 Joseph Manfredonia 1:13-cr-00452-ENV-7 Cort Poyner 1:13-cr-00452-ENV-8 Songkram Roy Sahachaisere 1:13-cr-00452-ENV-9 William Seals
U.S. District Court Eastern District of New York (Brooklyn)
CRIMINAL DOCKET FOR CASE #: 1:13-cr-00452-ENV All Defendants Case title: USA v. Winick et al Date Filed: 07/31/2013 Assigned to: Judge Eric N. Vitaliano
Defendant (1) Sandy Winick also known as Jerry Sarrano also known as John Peter Smith also known as Abdiel Vergara also known as Robin Cheer also known as Glen Forman also known as Kyle Bendford also known as Stephen Thompson represented by Richard H. Rosenberg Richard H. Rosenberg 217 Broadway Suite 707 New York, NY 10007 212-586-3838 Fax: 212-962-5037 Email: richrosenberg@msn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment
Pending Counts Disposition CONSPIRACY TO COMMIT SECURITIES FRAUD - The Penny Stock Scheme (1) CONSPIRACY TO COMMIT SECURITIES FUND - The Penny Stock Scheme (1s) Conspiracy to Commit Securities Fraud - the Penny Stock Scheme (1ss) CONSPIRACY TO COMMIT WIRE FRAUD - The Penny Stock Scheme (2) ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (2s) Conspiracy to Commit Wire Fraud - the Penny Stock Scheme (2ss) CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme (3) CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme (3s) Conspiracy to Commit Wire Fraud - the Advance Fee Scheme (3ss) WIRE FRAUD - The Penny Stock Scheme (4-13) WIRE FRAUD - The Penny Stock Scheme (4s-13s) Wire Fraud - the Penny Stock Scheme (4ss-13ss) WIRE FRAUD - The Advance Free Scheme (14-18) WIRE FRAUD - The Advance Fee Scheme (14s-18s) Wire Fraud - the Advance Fee Scheme (14ss-18ss) SECURITIES FRAUD- RSGR (19s) Securities Fraud - RSGR (19ss) SECURITIES FRAUD - FOYJ (20) SECURITIES FRAUD - FOYJ (20s) Securities Fraud - FOYJ (20ss) SECURITIES FRAUD - TMHO (21) SECURITIES FRAUD - TMHO (21s) Securities Fraud - TMHO/FDHC (21ss) SECURITIES FRAUD - WGIH (22) SECURITIES FRAUD - WGIH (22s) Securities Fraud - WGIH (22ss) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan" (23) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan" (23s) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers" (24) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers" (24s) False Impersonation of an Officer and Employee of the United States - Trevor Duncan (26ss) False Impersonation of an Officer and Employee of the United States - Daniel Summers (27ss)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None Assigned to: Judge Eric N. Vitaliano
Defendant (2) Gregory Curry represented by Charles Samuel Hochbaum Charles S. Hochbaum, P.C. 16 Court Street, Suite 1800 Brooklyn, NY 11241 (718) 855-4800 Fax: (718) 422-4877 Email: crimdefend@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment
Pending Counts Disposition CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme (3) CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme (3s) WIRE FRAUD - The Advance Free Scheme (14-18) WIRE FRAUD - The Advance Fee Scheme (14s-18s) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan" (23) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan" (23s) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers" (24) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers" (24s)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None Assigned to: Judge Eric N. Vitaliano
Defendant (3) Kolt Curry also known as Michael East represented by Alan Baum The Criminal Defense Group 4181 Sunswept Drive 100 Studio City, CA 91604 (818)487-7400 Fax: (818)487-7414 Email: abaum@cdgemail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained
Ashli S. McKeivier The Criminal Defense Group 4181 Sunswept Drive 100 Studio City, CA 91604 (818)487-7400 Fax: (818)487-7414 Email: summer@cdgemail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained
Mildred M. Whalen Federal Defenders of New York, Inc. One Pierrepont Plaza, 16th Floor Brooklyn, NY 11201-4859 (718) 330-1200 Fax: 718-855-0760 Email: mildred_whalen@fd.org TERMINATED: 09/19/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment
Pending Counts Disposition CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme (3) CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme (3s) WIRE FRAUD - The Advance Free Scheme (14-18) WIRE FRAUD - The Advance Fee Scheme (14s-18s) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan" (23) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan" (23s) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers" (24) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers" (24s)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None Assigned to: Judge Eric N. Vitaliano
Defendant (4) Gregory Ellis represented by Jonathan Marks Jonathan Marks, P.C. 535 5th Avenue 35th floor New York, NY 10017 212-883-0288 Fax: 347-823-8947 Email: jonmarkspc@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment
Pending Counts Disposition CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme (3) CONSPIRACY TO COMMIT WIRE FRAUD - The Advance Fee Scheme (3s) WIRE FRAUD - The Advance Free Scheme (14-18) WIRE FRAUD - The Advance Fee Scheme (14s-18s) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan" (23) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Trevor Duncan" (23s) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers" (24) FALSE IMPERSONATION OF AN OFFICER AND EMPLOYEE OF THE UNITED STATES - "Daniel Summers" (24s)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None Assigned to: Judge Eric N. Vitaliano
Defendant (5) Gary Kershner represented by Lawrence A. Dubin 401 Broadway, Suite 306 New York, NY 10013 (917)543-0216 Fax: (212)966-0588 Email: dubinlarry@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment
Pending Counts Disposition CONSPIRACY TO COMMIT SECURITIES FRAUD - The Penny Stock Scheme (1) CONSPIRACY TO COMMIT SECURITIES FUND - The Penny Stock Scheme (1s) Conspiracy to Commit Securities Fraud - the Penny Stock Scheme (1ss) CONSPIRACY TO COMMIT WIRE FRAUD - The Penny Stock Scheme (2) ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (2s) Conspiracy to Commit Wire Fraud - the Penny Stock Scheme (2ss) WIRE FRAUD - The Penny Stock Scheme (4-13) WIRE FRAUD - The Penny Stock Scheme (4s-13s) Wire Fraud - the Penny Stock Scheme (4ss-13ss) SECURITIES FRAUD - TMHO (21) SECURITIES FRAUD - TMHO (21s) Securities Fraud - TMHO/FDHC (21ss) SECURITIES FRAUD - WGIH (22) SECURITIES FRAUD - WGIH (22s) Securities Fraud - WGIH (22ss) False Statement to the FBI (24ss-25ss)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None Assigned to: Judge Eric N. Vitaliano
Defendant (6) Joseph Manfredonia also known as Maurizio also known as Richard also known as Panama Joe also known as Guillermo Mendoza represented by Lawrence F. Ruggiero Law Offices of Lawrence F. Ruggiero 167 East 61st Street Suite 17E New York, NY 10065 212-406-2910 Email: lawruggiero@mindspring.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment
Pending Counts Disposition CONSPIRACY TO COMMIT SECURITIES FRAUD - The Penny Stock Scheme (1) CONSPIRACY TO COMMIT SECURITIES FUND - The Penny Stock Scheme (1s) CONSPIRACY TO COMMIT WIRE FRAUD - The Penny Stock Scheme (2) ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (2s) WIRE FRAUD - The Penny Stock Scheme (4-13) WIRE FRAUD - The Penny Stock Scheme (4s-13s) SECURITIES FRAUD - RSGR (19) SECURITIES FRAUD- RSGR (19s) SECURITIES FRAUD - TMHO (21) SECURITIES FRAUD - TMHO (21s) SECURITIES FRAUD - WGIH (22) SECURITIES FRAUD - WGIH (22s)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None Assigned to: Judge Eric N. Vitaliano
Defendant (7) Cort Poyner represented by Joseph Anthony Gentile Frankie & Gentile, P.C. 1527 Franklin Avenue Suite 104 Mineola, NY 11501 516-742-6590 Fax: 516-742-6875 Email: Frangent1565@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment
Pending Counts Disposition CONSPIRACY TO COMMIT SECURITIES FRAUD - The Penny Stock Scheme (1) CONSPIRACY TO COMMIT SECURITIES FUND - The Penny Stock Scheme (1s) CONSPIRACY TO COMMIT WIRE FRAUD - The Penny Stock Scheme (2) ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (2s) WIRE FRAUD - The Penny Stock Scheme (4-13) WIRE FRAUD - The Penny Stock Scheme (4s-13s) SECURITIES FRAUD - RSGR (19) SECURITIES FRAUD- RSGR (19s)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None Assigned to: Judge Eric N. Vitaliano
Defendant (8) Songkram Roy Sahachaisere represented by Joel Mark Stein Law Offices of Joel M. Stein, Esq. 30 Wall Street, 8th Floor New York, NY 10005 (212) 344-8008 Fax: 718-789-2582 Email: jmsteinesq@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment
Pending Counts Disposition CONSPIRACY TO COMMIT SECURITIES FRAUD - The Penny Stock Scheme (1) CONSPIRACY TO COMMIT SECURITIES FUND - The Penny Stock Scheme (1s) Conspiracy to Commit Securities Fraud - the Penny Stock Scheme (1ss) CONSPIRACY TO COMMIT WIRE FRAUD - The Penny Stock Scheme (2) ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (2s) Conspiracy to Commit Wire Fraud - the Penny Stock Scheme (2ss) WIRE FRAUD - The Penny Stock Scheme (4-13) WIRE FRAUD - The Penny Stock Scheme (4s-13s) Wire Fraud - the Penny Stock Scheme (4ss-13ss) SECURITIES FRAUD - RSGR (19) SECURITIES FRAUD- RSGR (19s) Securities Fraud - RSGR (19ss) Obstruction of the SEC Investigation - Investsource (23ss)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None Assigned to: Judge Eric N. Vitaliano
Defendant (9) William Seals represented by Edward V. Sapone Law Offices of Edward V. Sapone 40 Fulton Street 23rd Flr. New York, NY 10038 212-349-9000 Email: edward@saponelaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA Appointment
Pending Counts Disposition CONSPIRACY TO COMMIT SECURITIES FRAUD - The Penny Stock Scheme (1) CONSPIRACY TO COMMIT SECURITIES FUND - The Penny Stock Scheme (1s) CONSPIRACY TO COMMIT WIRE FRAUD - The Penny Stock Scheme (2) ATTEMPT AND CONSPIRACY TO COMMIT MAIL FRAUD (2s) WIRE FRAUD - The Penny Stock Scheme (4-13) WIRE FRAUD - The Penny Stock Scheme (4s-13s) SECURITIES FRAUD - RSGR (19) SECURITIES FRAUD- RSGR (19s)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None
Plaintiff USA represented by Christopher Allen Ott United States Attorneys Office 271 Cadman Plaza East Brooklyn, NY 11201 718-254-6154 Email: christopher.ott@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Melanie Dyani Hendry United States Attorney's Office 271 Cadman Plaza East Brooklyn, NY 11201 718-254-6040 Fax: 718-254-7489 Email: melanie.hendry@usdoj.gov ATTORNEY TO BE NOTICED
Sylvia Shweder United States Attorneys Office 271 Cadman Plaza East Brooklyn, NY 11201 718-254-6092 Fax: 718-254-7499 Email: sylvia.shweder@usdoj.gov ATTORNEY TO BE NOTICED
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