07/13/2011 Minute Entry for proceedings held before Judge Paul A. Crotty: Change of Plea Hearing as to Jeffrey Halbirt held on 7/13/2011. Defendant Jeffrey Halbirt present with his attorney David Alan Gehn. AUSA Howard Master present. Court Reporter Guido Tascione present. The Court marked the cooperation agreement as court exhibit 1. The defendant entered a plea of GUILTY to counts 1, 5 and 6 to the Superseding Indictment. The Court accepted the guilty plea, and set Tuesday, March 27, 2011 at 3:00 pm as the sentencing control date. The PSR will not be ordered at this time. All current bail conditions remain in effect. See transcript for details. (mov) (Entered: 07/14/2011)
07/06/2011 Minute Entry for proceedings held before Judge Paul A. Crotty: Pretrial Conference as to Ricardo Fernandez, Jeffrey Halbirt, Stinson Bland, Donna Levy, Michael Steinberg, William Mackey, Thomas Prezioso, Bradley Susser held on 7/6/2011. REMARK: All counsel present. The Court previously waived the appearances of all defendants for this conference. Court Reporter present. The September 12 pretrial conference was adjourned to Friday, September 30, 2011 at 02:00 PM. In the event the defendants wish to be excused from appearing on September 30, 2011, their counsel shall submit a letter 2 to 3 days prior to September 30 seeking such approval. Time excluded from 9/12/11 through 09/30/11. All current bail conditions remain in effect. See transcript for complete details of this proceeding. (mov) (Entered: 07/07/2011)
07/06/2011 103 NOTICE OF ATTORNEY APPEARANCE: David Alan Gehn appearing for Jeffrey Halbirt. (Gehn, David) (Entered: 07/06/2011)
07/05/2011 Attorney update in case as to Donna Levy. Attorney Bradford M. Cohen for Donna Levy added. (jw) (Entered: 07/06/2011)
07/05/2011 102 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION as to Donna Levy. IT IS HEREBY ORDERED that Bradford M. Cohen at Bradford Cohen Law, 1132 SE 3rd Avenue, Fort Lauderdale, FL 33316, (954) 523-7774 is admitted to practice pro hac vice as counsel for Donna Levy in the above captioned case in the US District Court for the Southern District of NY. (Signed by Judge Paul A. Crotty on 7/5/11)(jw) (Entered: 07/06/2011)
07/05/2011 101 MEMO ENDORSEMENT as to Ricardo Fernandez on re: MOTION to Travel with his family to Puerto Rico from July 11 until July 15, 2011, for a vacation filed by Ricardo Fernandez...ENDORSEMENT..SO ORDERED. (Signed by Judge Paul A. Crotty on 7/5/11)(jw) (Entered: 07/06/2011)
07/05/2011 MOTION to Travel with his family to Puerto Rico from July 11 until July 15, 2011, for a vacation. Document filed by Ricardo Fernandez. (jw) (Entered: 07/06/2011)
06/30/2011 Minute Entry for proceedings held before Judge Paul A. Crotty: as to Michael Oiring; Sentencing set for 12/15/2011 at 03:00 PM before Judge Paul A. Crotty. (jw) (Entered: 07/07/2011)
06/30/2011 Minute Entry for proceedings held before Judge Paul A. Crotty: Plea entered by Michael Oiring (10) Guilty as to Count 1,2-6. (jw) (Entered: 07/07/2011)
06/30/2011 Minute Entry for proceedings held before Judge Paul A. Crotty:Arraignment as to Michael Oiring (10) Count 1,2-6 held on 6/30/2011. Defendant Michael Oiring present with his attys Robert G. Morvillo and Christopher J. Morvillo. AUSA Howard Master present. Court reporter Ann Hairston present. The Government filed a Superceding Felony Information. The defendant waived the public reading of the Felony Information and waived Indictment (see waiver of indictment document). The Court marked the cooperation agreement as a Court Exhibit. The defendant entered a plea of GUILTY as charged in the Superseding Information. The Court accepted the guilty plea, and set Thursday, December 15, 2011 at 3:00pm as the sentencing control date. The PSR will not be ordered at this time. All current bail conditions as set forth in 10mj2190 remain in effect. See transcript for details. (jw) (Entered: 07/07/2011)
06/30/2011 105 INFORMATION (Felony) filed as to Michael Oiring (10) count(s) 1, 2-6. (jw) (Entered: 07/07/2011)
06/30/2011 104 WAIVER OF INDICTMENT by Michael Oiring. (jw) (Entered: 07/07/2011)
06/30/2011 100 NOTICE OF ATTORNEY APPEARANCE: Peter Joseph Tomao appearing for Michael Steinberg. (Tomao, Peter) (Entered: 06/30/2011)
06/29/2011 Calendar Entry ***REMINDER** as to Jeffrey Hurwitt, Ricardo Fernandez, Jeffrey Halbirt, Stinson Bland, Donna Levy, Michael Steinberg, William Mackey, Thomas Prezioso, Bradley Susser: Pretrial Conference set for 7/6/2011 at 04:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (mov) (Entered: 06/29/2011)
06/24/2011 96 ENDORSED LETTER as to Michael Oiring addressed to Honorable James L. Cott from deft attorney Robert G. Morvillo dated 6/24/11 re: respectfully ask the Court to temporarily modify deft's bail restrictions so that he may travel to Italy from 7/6/11 to 7/21/11. With the consent of the Govt' and assuming the confession of judgment referenced above is filed, the Court grants the application and modifies the deft's bail conditions to allow the requested travel. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 6/24/11)(jbo) [1:10-mj-02190-UA] (Entered: 06/27/2011)
06/06/2011 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Michael Oiring re: 59 Order to Continue - Interest of Justice. Time excluded from 6/6/11 until 7/6/11. Follows oral order of 6/6/11. (Signed by Magistrate Judge James C. Francis on 6/6/11)(jbo) [1:10-mj-02190-UA] (Entered: 06/07/2011)
06/06/2011 95 AFFIRMATION of Howard S. Master in Support by USA as to Michael Oiring, the government is requesting a 30-day continuance until 7/6/11. (jbo) [1:10-mj-02190-UA] (Entered: 06/07/2011)
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 (212) 750-7800 Fax: (212) 750-3906 Email: magnifilo@braflaw.com 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: (212)-750-3906 Email: opersky@braflaw.com 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: (212)-307-1431 Email: mesnylaw@aol.com 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 (212) 227-6655 Fax: (212) 732-6972 Email: law299@aol.com 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 (212) 431-9380 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 (516) 222-2333 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: 212 396-4152 Email: nkaizer@landklaw.com 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 (212)637-2415 Fax: (212)637-2937 Email: steve.kwok@usdoj.gov 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: (212)-637-2937 Email: howard.master@usdoj.gov 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: (212)-637-2527 Email: steve.lee@usdoj.gov ATTORNEY TO BE NOTICED
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