12/18/2015 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 01-cv-9056. Document filed by Securities and Exchange Commission.(Hanson, James) (Entered: 12/18/2015)
The Court entered a final default judgment against Durante ordering him to pay disgorgement and prejudgment interest of $39 million. The Court subsequently held Durante in civil contempt for failing to pay the ordered disgorgement. This judgment remains outstanding.
Explain in detail the reasons for your position that the newly filed case is related to the earlier filed case.
Durante's fraudulent conduct as alleged in the newly filed case is substantially similar to his prior illegal conduct at issue in the earlier filed case. Among other things, the bank accounts Durante used to evade the SEC's collections effort are in many instances the same bank accounts that he used to misappropriate investor funds in the new action.
12/21/2015 6 ELECTRONIC SUMMONS ISSUED as to Edward Durante. (dgo) (Entered: 12/21/2015)
12/21/2015 CASE REFERRED TO Judge Deborah A. Batts as possibly related to 01cv9056. (dgo) (Entered: 12/21/2015)
12/21/2015 Case Designated ECF. (dgo) (Entered: 12/21/2015)
12/21/2015 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dgo) (Entered: 12/21/2015)
12/21/2015 ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James K. Hanson. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 370 (Other Fraud);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 850 (Securities/Commodities);. (dgo) (Entered: 12/21/2015)
U.S. District Court Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:15-cv-09874 Securities and Exchange Commission v. Durante
Assigned to: Judge Unassigned Cause: 15:77 Securities Fraud Date Filed: 12/18/2015 Jury Demand: None Nature of Suit: 370 Other Fraud Jurisdiction: U.S. Government Plaintiff
Plaintiff Securities and Exchange Commission represented by Paul G. Gizzi U.S. Securities and Exchange Commission( 3 World Financial) Three World Financial Center New York, NY 10281 (212)-336-0077 Fax: (212)-336-1322 Email: gizzip@sec.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
James K. Hanson Securities and Exchange Commission(NYC) 3 World Financial Center, Suite 400 New York, NY 10281 (212) 336-6000 x0087 Fax: (212) 336-1322 Email: hansonj@sec.gov ATTORNEY TO BE NOTICED
U.S. District Court Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:15-cr-00171-ALC-1 Case title: USA v. Durante
Date Filed: 03/17/2015 Assigned to: Judge Andrew L. Carter, Jr
Defendant (1) Edward Durante also known as Ted Wise also known as Efran Eisenberg also known as Yulia also known as Ed Simmons
represented by Jennifer Elaine Willis Federal Defenders of New York 52 Duane Street New York, NY 10007 (212)-417-8743 Email: jennifer_willis@fd.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment
Pending Counts Disposition 18:371.F CONSPIRACY TO COMMIT SECURITIES FRAUD (1) 15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD) (2) 18:1349.F ATTEMPT AND CONSPIRACY TO COMMIT WIRE FRAUD (3) 18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (4) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY) (5) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (6) 18:1621.F PERJURY GENERALLY (7)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None
Plaintiff USA represented by Andrea Michelle Griswold United States Attorney's Office, SDNY One Saint Andrew's Plaza New York, NY 10007 (212)-637-1205 Fax: (212)-637-2443 Email: andrea.griswold@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel Sachs Goldman U.S. Attorney's Office, SDNY (St Andw's) One St. Andrew's Plaza New York, NY 10007 (212)-637-2289 Fax: (212)-637-2937 Email: daniel.goldman2@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed # Docket Text
12/18/2015 Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Deft. present with aty Willis; AUSAs Goldman and Griswold also present. Arraignment as to Edward Durante (1) Count 1,2,3,4,5,6,7 Edward Durante (1) Count 1,2,3,4,5,6,7 held on 12/18/2015., Plea entered by Edward Durante (1) Count 1,2,3,4,5,6,7 Edward Durante (1) Count 1,2,3,4,5,6,7 Not Guilty., As to Edward Durante. Speedy Trial Time excluded until 1/7/16 without objection to permit discovery( Status Conference set for 1/7/2016 at 12:00 PM before Judge Andrew L. Carter Jr..) (jm) (Entered: 12/21/2015)
12/18/2015 8 Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman:Initial Appearance as to Edward Durante held on 12/18/2015. Deft. present with attorney Jennifer Willis; AUSAs Goldman and Griswold also present. Deft. is detained on consent without prejudice. (jm) (Entered: 12/21/2015)
12/18/2015 Arrest of Edward Durante. (Defendant originally arrested 12/17/15) (jm) (Entered: 12/21/2015)
12/18/2015 Attorney update in case as to Edward Durante. Attorney Jennifer Elaine Willis for Edward Durante added. (jm) (Entered: 12/21/2015)
12/18/2015 7 ORDER as to Edward Durante for admission pre hac vice. (Signed by Magistrate Judge Henry B. Pitman on 12/18/15)(jm) (Entered: 12/21/2015)
12/18/2015 Attorney update in case as to Edward Durante. Attorney Daniel Sachs Goldman,Andrea Michelle Griswold for USA added. (jm) (Entered: 12/21/2015)
12/18/2015 Case as to Edward Durante ASSIGNED to Judge Judge Andrew L. Carter, Jr. Judge Judge Unassigned no longer assigned to the case. (jm) (Entered: 12/21/2015)
12/18/2015 Case Designated ECF as to Edward Durante. (jm) (Entered: 12/21/2015)
12/18/2015 S(1)INDICTMENT UNSEALED as to Edward Durante. (jm) (Entered: 12/21/2015)
12/18/2015 5 Order to Unseal S(1)Indictment as to Sealed Defendant 1. (Signed by Magistrate Judge Frank Maas on 12/18/15)(jm) (Entered: 12/21/2015)
05/11/2015 3 SEALED DOCUMENT placed in vault. (nm) (Entered: 05/11/2015)
05/06/2015 2 SEALED DOCUMENT placed in vault. (mps) (Entered: 05/06/2015)
01/07/2016 19 ELECTRONIC SUMMONS ISSUED as to Walter Reissman. (moh) (Entered: 01/07/2016)
01/07/2016 18 ELECTRONIC SUMMONS ISSUED as to Larry Werbel. (moh) (Entered: 01/07/2016)
01/07/2016 17 ELECTRONIC SUMMONS ISSUED as to Kenneth Wise. (moh) (Entered: 01/07/2016)
01/07/2016 16 ELECTRONIC SUMMONS ISSUED as to Evolution Partners Wealth Management LLC. (moh) (Entered: 01/07/2016)
01/07/2016 15 ELECTRONIC SUMMONS ISSUED as to Christopher Cervino. (moh) (Entered: 01/07/2016)
01/07/2016 14 ELECTRONIC SUMMONS ISSUED as to Abida Khan. (moh) (Entered: 01/07/2016)
01/06/2016 13 REQUEST FOR ISSUANCE OF SUMMONS as to Kenneth Wise, re: 7 Amended Complaint,. Document filed by Securities and Exchange Commission. (Gizzi, Paul) (Entered: 01/06/2016)
01/06/2016 12 REQUEST FOR ISSUANCE OF SUMMONS as to Larry Werbel, re: 7 Amended Complaint,. Document filed by Securities and Exchange Commission. (Gizzi, Paul) (Entered: 01/06/2016)
01/06/2016 11 REQUEST FOR ISSUANCE OF SUMMONS as to Walter Reissman, re: 7 Amended Complaint,. Document filed by Securities and Exchange Commission. (Gizzi, Paul) (Entered: 01/06/2016)
01/06/2016 10 REQUEST FOR ISSUANCE OF SUMMONS as to Abida Khan, re: 7 Amended Complaint,. Document filed by Securities and Exchange Commission. (Gizzi, Paul) (Entered: 01/06/2016)
01/06/2016 9 REQUEST FOR ISSUANCE OF SUMMONS as to Evolution Partners Wealth Management LLC, re: 7 Amended Complaint,. Document filed by Securities and Exchange Commission. (Gizzi, Paul) (Entered: 01/06/2016)
01/06/2016 8 REQUEST FOR ISSUANCE OF SUMMONS as to Christopher Cervino, re: 7 Amended Complaint,. Document filed by Securities and Exchange Commission. (Gizzi, Paul) (Entered: 01/06/2016)
01/06/2016 7 FIRST AMENDED COMPLAINT amending 1 Complaint against Edward Durante, Abida Khan, Larry Werbel, Christopher Cervino, Walter Reissman, Kenneth Wise, Evolution Partners Wealth Management LLC.Document filed by Securities and Exchange Commission. Related document: 1 Complaint filed by Securities and Exchange Commission.(Gizzi, Paul) (Entered: 01/06/2016)
01/05/2016 Magistrate Judge Ronald L. Ellis is so designated. (wb) (Entered: 01/05/2016)
01/05/2016 NOTICE OF CASE ASSIGNMENT to Judge Richard J. Sullivan. Judge Unassigned is no longer assigned to the case. (wb) (Entered: 01/05/2016)
01/05/2016 CASE DECLINED AS NOT RELATED. Case referred as related to 01cv9056 and declined by Judge Deborah A. Batts and returned to wheel for assignment. (wb) (Entered: 01/05/2016)
12/21/2015 6 ELECTRONIC SUMMONS ISSUED as to Edward Durante. (dgo) (Entered: 12/21/2015)
U.S. District Court Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:15-cv-09874-RJS Securities and Exchange Commission v. Durante
Assigned to: Judge Richard J. Sullivan Cause: 15:77 Securities Fraud Date Filed: 12/18/2015 Jury Demand: None Nature of Suit: 850 Securities/Commodities Jurisdiction: U.S. Government Plaintiff
Plaintiff Securities and Exchange Commission represented by Paul G. Gizzi U.S. Securities and Exchange Commission( 3 World Financial) Three World Financial Center New York, NY 10281 (212)-336-0077 Fax: (212)-336-1322 Email: gizzip@sec.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
James K. Hanson Securities and Exchange Commission(NYC) 3 World Financial Center, Suite 400 New York, NY 10281 (212) 336-6000 x0087 Fax: (212) 336-1322 Email: hansonj@sec.gov ATTORNEY TO BE NOTICED
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