01/06/2016 9 LETTER by USA as to Edward Durante addressed to Judge Andrew L. Carter, Jr. from Daniel S Goldman dated January 6, 2016 Document filed by USA. (Goldman, Daniel) (Entered: 01/06/2016)
The Government respectfully writes to request an adjournment of the initial pretrial conference for defendant Edward Durante from its currently-scheduled time of 12:00 p.m. tomorrow until Wednesday, January 13, 2016, at 11:00 a.m., which is the date provided by the Court for the newly-arrested out-of-state defendants, Larry Werbel and Sheik F. Khan, a/k/a “Abida Khan,” to make their initial appearances. The fourth defendant in the above-referenced Indictment, Christopher Cervino, was arrested this morning in New Jersey and will be presented before the Honorable Andrew J. Peck in Magistrate Court today. The Government anticipates that all four defendants in the above-referenced Indictment will be present on January 13 for arraignment and an initial pretrial conference.
01/06/2016 15 ORDER as to Kenneth Wise placing this matter under delayed docketing. (Document originally filed under delayed docketing on 1/4/16). (Signed by Judge Andrew L. Carter, Jr on 1/4/16)(jm) (Entered: 01/08/2016)
01/06/2016 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Deft. present with atty Bachrach; AUA Griswold also present. Court Reporter present. Arraignment as to Kenneth Wise (2) Count 1,2,3,4,5,6 held on 1/6/2016. Plea entered by Kenneth Wise (2) Guilty as to Count 1,2,3,4,5,6. USMJ Peck recommends acceptance of the plea. PSI NOT ordered. Bail continued. (Hearing originally held under seal on 1/4/16) (jm) (Entered: 01/08/2016)
01/06/2016 14 PRB Bond Entered as to Kenneth Wise in amount of $ 100,000, PRB; travel restricted to SDNY/EDNY; surrender travel documents and no new applications; regular PSA supervision. Deft. to be released on on signature. (Document originally filed under seal on 1/4/16) (jm) (Entered: 01/08/2016)
01/06/2016 13 WAIVER OF INDICTMENT by Kenneth Wise. (Document originally filed under delayed docketing on 1/4/16) (jm) (Entered: 01/08/2016)
01/06/2016 12 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Deft. present with atty Marion Bachrach; AUSA Griswold also present. Deft. to be released on $100,000 PRB; travel restricted to SDNY/EDNY; surrender travel documents and no new applications; regular PSA supervision. Deft. to be released on on signature. Initial Appearance as to Kenneth Wise held on 1/6/2016. (Hearing originally held under delayed docketing on 1/4/16) (jm) Modified on 1/8/2016 (jm). (Entered: 01/08/2016)
01/06/2016 Arrest (SURRENDER) of Kenneth Wise. (jm) Modified on 1/8/2016 (jm). (SURRENDERED UNDER DELAYED DOCKETING ON 1/4/16) (Entered: 01/08/2016)
01/06/2016 11 S(2)INFORMATION (Felony) filed as to Kenneth Wise (2) count(s) 1, 2, 3, 4, 5, 6. (jm)(Document originally filed under delayed docketing on 1/416) (Entered: 01/08/2016)
01/06/2016 10 ORDER as to Kenneth Wise unsealing the S(2)superseding information. (Signed by Judge Andrew L. Carter, Jr on 1/6/16)(jm) (Entered: 01/08/2016)
U.S. District Court Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:15-cr-00171-ALC All Defendants Case title: USA v. Durante et al
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 Assigned to: Judge Andrew L. Carter, Jr
Defendant (2) Kenneth Wise
represented by Marion Joyce Bachrach Thompson & Knight, LLP (NYC) 900 Third Avenue New York, NY 10022-3915 212-751-3001 Fax: 212-751-3113 Email: marion.bachrach@tklaw.com ATTORNEY TO BE NOTICED Designation: Retained
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)
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
Case Details Court Southern District of New York Docket number 1:15-cr-00171 Date case filed 2015-03-17 Date case closed Date of latest filing 2016-01-06 Assigned to Judge Andrew L. Carter, Jr Case cause Nature of suit Jury demand Demand Jurisdiction
01/11/2016 30 NOTICE OF ATTORNEY APPEARANCE: Richard H. Blake appearing for Larry Werbel. Appearance Type: Retained. (Blake, Richard) (Entered: 01/11/2016)
01/06/2016 31 Appearance Bond Entered as to (S4-15-Cr-171-04) Christopher Cervino in amount of $1,000,000. $ 1 Million Personal Recognizance Bond; to be cosigned by two financially responsible persons including wife; secured by $250,000 property-Home; travel restricted to SDNY/EDNY/DNJ; surrender travel documents and no new applications; regular pretrial supervision; not speak with co-defendants or victims except in counsel's presence; Defendant to be released on own signature with wife; remaining conditions to be met by 1/13/2016. [Advice of Penalties and Sanctions attached. Defendant Released.] (bw) (Entered: 01/12/2016)
01/06/2016 29 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck:Initial Appearance on disposition sheet as to Christopher Cervino held on 1/6/2016. Deft present with atty Anthony Caruzzolo. AUSA Daniel Goldman and Griswold present. Agreed Conditions of release: $1 Million PRB, 2FRP, Secured by $250,000 property: Home, Travel restricted to SDNY/EDNY/DNJ; Surrender travel documents (& No new applications), Regular pretrial supervision, Deft to be released on own signature and wife; remaining conditions to be met by 1/13/16. Next conference set before District Judge on 1/13 at 11am. Speedy trial time excluded under 18 USC 3161(h)(7) until 1/13 on consent (jw) (Entered: 01/11/2016)
01/06/2016 28 ENDORSED LETTER as to (S4-15-Cr-171-01) Edward Durante addressed to Judge Andrew L. Carter, Jr. from AUSAs Daniel S. Goldman, Andrea Griswold dated January 6, 2016 re: The Government respectfully writes to request an adjournment of the initial pretrial conference for defendant Edward Durante from its currently-scheduled time of 12:00 p.m. tomorrow until Wednesday, January 13, 2016, at 11:00 a.m., which is the date provided by the Court for the newly-arrested out-of-state defendants, Larry Werbel and Sheik F. Khan, a/k/a "Abida Khan," to make their initial appearances. In addition, the Government respectfully requests that time be excluded under the Speedy Trial Act from January 7, 2016, until January 13, 2016, in the interests of justice. Jennifer Willis, Esq., counsel to Durante, consents both to the adjournment request and the exclusion of time. ENDORSEMENT: The application is granted. (Signed by Judge Andrew L. Carter, Jr. on 1/6/2015)(bw) (Entered: 01/08/2016)
01/06/2016 27 Arrest Warrant Returned Executed on 1/6/16 as to Christopher Cervino. (jm) (Entered: 01/08/2016)
01/06/2016 23 (S4) SUPERSEDING INDICTMENT FILED as to Edward Durante (1) count(s) 1s, 2s, 3s, 4s, 5s, 6s, 9s, Christopher Cervino (4) count(s) 1, 2, 3, 4, 10, Larry Werbel (5) count(s) 1, 2, 3, 4, 7, 11, Sheik F Khan (6) count(s) 1, 2, 3, 4, 8. (jm)(Document originally filed under seal on 1/5/16) (Entered: 01/08/2016)
01/06/2016 22 ORDER as to Edward Durante, Christopher Cervino, Larry Werbel, Sheik F Khan unsealing the S(4) indictment. (Signed by Judge Andrew L. Carter, Jr on 1/6/16)(jm) (Entered: 01/08/2016)
01/06/2016 21 ORDER as to Walter Reissman placing this matter under delayed docketing. (Document originally filed under seal on 1/5/16). (Signed by Judge Andrew L. Carter, Jr on 1/5/16)(jm) (Entered: 01/08/2016)
01/06/2016 20 WAIVER OF INDICTMENT by Walter Reissman.(Document originally filed under seal on 1/5/16.) (jm) (Entered: 01/08/2016)
01/06/2016 Attorney update in case as to Walter Reissman. Attorney John Anthony Diaz for Walter Reissman added. (jm) (Entered: 01/08/2016)
01/06/2016 19 ORDER as to Walter Reissman appointing John A Diaz to represent defendant. (Document originally fled under delayed docketing on 1/5/16). (Signed by Judge Andrew L. Carter, Jr on 1/5/16)(jm) (Entered: 01/08/2016)
01/06/2016 18 CJA 23 Financial Affidavit by Walter Reissman. (Signed by Judge Judge Andrew L. Carter, Jr)(Document originally filed under delayed docketing on 1/5/16) (jm) (Entered: 01/08/2016)
01/06/2016 Arrest (Surrender) of Walter Reissman. (jm) Modified on 1/8/2016 (jm). (Originally surrendered 1/5/16) (Entered: 01/08/2016)
01/06/2016 17 S(3) INFORMATION (Felony) filed as to Walter Reissman (3) count(s) 1, 2, 3, 4, 5. (jm) (Document originally filed under delayed docketing on 1/5/16) (Entered: 01/08/2016)
01/06/2016 16 ORDER as to Walter Reissman unsealing the S(3) information. (Signed by Judge Andrew L. Carter, Jr on 1/6/16)(jm) (Entered: 01/08/2016) 01/06/2016 Case Designated ECF as to Kenneth Wise, Walter Reissman. (jm) (Entered: 01/08/2016)
U.S. District Court Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:15-cr-00171-ALC All Defendants Case title: USA v. Durante et al
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) 18:371.F CONSPIRACY TO COMMIT SECURITIES FRAUD (1s) 15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD) (2) 15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD) (2s) 18:1349.F ATTEMPT AND CONSPIRACY TO COMMIT WIRE FRAUD (3) 18:1349.F ATTEMPT AND CONSPIRACY TO COMMIT WIRE FRAUD (3s) 18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (4) 18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION (4s) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY) (5) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (CONSPIRACY) (5s) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (6) 18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (6s) 18:1621.F PERJURY GENERALLY (7) PERJURY GENERALLY (9s)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None Assigned to: Judge Andrew L. Carter, Jr
Defendant (2) Kenneth Wise
represented by Marion Joyce Bachrach Thompson & Knight, LLP (NYC) 900 Third Avenue New York, NY 10022-3915 212-751-3001 Fax: 212-751-3113 Email: marion.bachrach@tklaw.com ATTORNEY TO BE NOTICED Designation: Retained
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)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None Assigned to: Judge Andrew L. Carter, Jr
Defendant (3) Walter Reissman
represented by John Anthony Diaz Diaz & Moskowitz PLLC 225 Broadway, Suite 715 New York, NY 10007 212-227-8208 Fax: 212-566-8165 Email: johnadiazlaw@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: CJA 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) 18:1001.F FALSE STATEMENTS OR ENTRIES GENERALLY (5)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None Assigned to: Judge Andrew L. Carter, Jr
Defendant (4) Christopher Cervino also known as Smitty
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) PERJURY GENERALLY (10)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None Assigned to: Judge Andrew L. Carter, Jr
Defendant (5) Larry Werbel
represented by Richard H. Blake McDonald Hopkins Co., LPA 2100 Bank One Center 600 Superior Avenue, E. Cleveland44114, OH (216) 348-5400 Fax: (216) 348-5474 Email: rblake@mcdonaldhopkins.com ATTORNEY TO BE NOTICED Designation: Retained
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) 15:80B.F DISCLOSURE OF INFORMATION BY COMMISSION (INVESTMENT ADVISOR FRAUD) (7) 18:1001.F FALSE STATEMENTS OR ENTRIES GENERALLY (11)
Highest Offense Level (Opening) Felony
Terminated Counts Disposition None
Highest Offense Level (Terminated) None
Complaints Disposition None Assigned to: Judge Andrew L. Carter, Jr
Defendant (6) Sheik F Khan agent of Abida Khan
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) 15:80B.F DISCLOSURE OF INFORMATION BY COMMISSION (INVESTMENT ADVISOR FRAUD) (8)
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
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