|

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Ed Paschke
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FREE LORI BERENSON!

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*JOVIN
SERIES
*
TATTOO FLASH & BANNERS







Lorenzo Meyer
RIP
__________

Simon
1996
(Chart Polski)

Simon 2003
____________

Fleetwood
1996
(Afghan Hound)
_______

Stosh,
7/06
20 lbs, 3 Mos. old
(Chart Polski)
.


_____________
Stosh, 9/06
50 lbs, 5 Mos. old






_________
Stosh, 9 months old
1/15/07
70 lbs


____________
Stosh, 1 yr. old, 90 lbs.

_________________
Stosh - 3 yrs. old
The Chart Polski is also known as the Polish Greyhound. It is a strong,
noble, and athletic breed designed for the sole purpose of chasing down game
through the vast flat steppe lands of Poland. Though it is known as a greyhound
it would be in error to suggest that the breed was developed, related to, or
constructed from the common English Greyhound or the Russian Borzoi. This breed
was established and a part of daily Polish life as early as the 13th century and
predates the establishment of both the two aforesaid species of dog. It was
mentioned in writings of the Polish nobleman and scholar Hieronym Gostomski in
the early 15th century. Due to the hardships heaped upon the whole of Poland
during WWII the Chart Polski was rendered nearly extinct. Those that lived had
taken to the countryside and found ways to survive on their own. As of now there
are estimated to be less than 1,000 Chart Polskis in the world, the majority of
them in Poland itself. Due to the rarity of this breed it is often
misidentified.
| |
USA v ELGINDY et al - CRIMINAL DOCKET
* Newest Updates (scroll to bottom of page...)

thru 3/5/04
U.S. District Court
Eastern District of New York (Brooklyn)
CRIMINAL DOCKET FOR CASE #: 1:02-cr-00589-RJD-ALL
|
Case title: USA v. Elgindy, et al
Other court case number(s): None
Magistrate judge case number(s): None
|
Date Filed: 05/17/02
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Assigned to: Judge Raymond J. Dearie
Referred to:
|
|
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Defendant(s)
-----------------------
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|
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Amr I. Elgindy (1) |
represented by |
Barry H. Berke
Kramer Levin Naftalis & Frankel LLP
919 Third Avenue
New York, NY 10022-3852
(212) 715-7560
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained |
|
|
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Gerald B. Lefcourt
148 East 78th Street
New York, NY 10021
212-737-0400
Fax : 212-988-6192
Email: lefcourt@lefcourtlaw.com
TERMINATED: 08/14/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained |
|
|
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Joel R. Isaacson
Law Offices of Joel R. Isaacson
1901 Avenue of the Stars
Suite 615
Los Angeles, CA 90067-6018
(310) 557-1188
Fax : (310) 286-9969
Email: joelrisaacson@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained |
|
|
|
Sean F. O'Shea
Law Offices of Sean F. O'Shea
soshea@oshealaw.com
90 Park Avenue
20th Floor
New York, NY 10016
Fax: (212) 682-4437
TERMINATED: 06/27/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained |
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aka
Tony Elgindy (1)
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aka
Anthony Pacific (1)
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Pending Counts
----------------------
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Disposition
----------------
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18:1962(d), 1963 and 3551 et seq. RICO-INTERSTATE
COMMERCE
(1) |
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RACKETEERING
(1s) |
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18:371- CONSPIRACY TO DEFRAUD US
(2) |
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CONSPIRACY TO DEFRAUD THE UNITED STATES
(2s) |
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18:371- CONSPIRACY TO DEFRAUD THE UNITED STATES
(3) |
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MANIPULATIVE AND DECEPTIVE DEVICES
(3s-9s) |
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18:1951(a)- INTERFERENCE WITH COMMERCE BY THREAT OR
VIOLENCE
(4) |
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18:371- CONSPIRACY TO DEFRAUD THE UNITED STATES
(5) |
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18:1503- INFLUENCE/INJURING OFFICER/JUROR/WITNESS
(6) |
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INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE
(10s-12s) |
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CONSPIRACY TO DEFRAUD THE UNITED STATES
(13s) |
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INFLUENCE/INJURING OFFICER/JUROR/WITNESS
(14s) |
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FRAUD BY WIRE, RADIO, OR TELEVISION
(16s-33s) |
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Highest Offense Level (Opening)
---------------------------------------
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Felony |
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Terminated Counts
-----------------------------
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Disposition
----------------
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None |
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Highest Offense Level (Terminated)
--------------------------------------------
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None |
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Complaints
----------------
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Disposition
----------------
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None |
|
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Assigned to: Judge Raymond J. Dearie
Referred to:
|
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Jeffrey A. Royer (2) |
represented by |
Lawrence Gerzog
251 East 6lst Street
New York, NY 10021
(212) 486-3003
Fax : (212) 486-7701
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment |
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Pending Counts
----------------------
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Disposition
----------------
|
|
18:1962(d), 1963 and 3551 et seq. RICO-INTERSTATE
COMMERCE
(1) |
|
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RACKETEERING
(1s) |
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18:371- CONSPIRACY TO DEFRAUD US
(2) |
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CONSPIRACY TO DEFRAUD THE UNITED STATES
(2s) |
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18:371- CONSPIRACY TO DEFRAUD THE UNITED STATES
(3) |
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MANIPULATIVE AND DECEPTIVE DEVICES
(3s-9s) |
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18:1951(a)- INTERFERENCE WITH COMMERCE BY THREAT OR
VIOLENCE
(4) |
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18:371- CONSPIRACY TO DEFRAUD THE UNITED STATES
(5) |
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18:1503- INFLUENCE/INJURING OFFICER/JUROR/WITNESS
(6) |
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INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE
(10s-12s) |
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CONSPIRACY TO DEFRAUD THE UNITED STATES
(13s) |
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INFLUENCE/INJURING OFFICER/JUROR/WITNESS
(14s) |
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INTIMIDATION OR FORCE AGAINST WITNESS
(15s) |
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Highest Offense Level (Opening)
---------------------------------------
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Felony |
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Terminated Counts
-----------------------------
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Disposition
----------------
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None |
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Highest Offense Level (Terminated)
--------------------------------------------
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None |
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Complaints
----------------
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Disposition
----------------
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None |
|
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Assigned to: Judge Raymond J. Dearie
Referred to:
|
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Derrick W. Cleveland (3) |
represented by |
Robert A. Manchester, III
Robert A. Manchester, III, P.C.
1136 North Robinson
Oklahoma City, OK 73103
Fax: (405) 239-2595
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained |
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Pending Counts
----------------------
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Disposition
----------------
|
|
18:1962(d), 1963 and 3551 et seq. RICO-INTERSTATE
COMMERCE
(1) |
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18:371- CONSPIRACY TO DEFRAUD US
(2) |
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18:371- CONSPIRACY TO DEFRAUD THE UNITED STATES
(3) |
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18:1951(a)- INTERFERENCE WITH COMMERCE BY THREAT OR
VIOLENCE
(4) |
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Highest Offense Level (Opening)
---------------------------------------
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Felony |
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Terminated Counts
-----------------------------
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Disposition
----------------
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None |
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Highest Offense Level (Terminated)
--------------------------------------------
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None |
|
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Complaints
----------------
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Disposition
----------------
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None |
|
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Assigned to: Judge Raymond J. Dearie
Referred to:
|
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Troy M. Peters (4) |
represented by |
Gregory Vega
Seltzer Caplan McMahon Vitek
2100 Symphony Towers
750 B Street
San Diego, CA 92101
(619) 685-3040
Fax : (619) 702-6814
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained |
|
Pending Counts
----------------------
|
|
Disposition
----------------
|
|
18:1962(d), 1963 and 3551 et seq. RICO-INTERSTATE
COMMERCE
(1) |
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RACKETEERING
(1s) |
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18:371- CONSPIRACY TO DEFRAUD US
(2) |
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CONSPIRACY TO DEFRAUD THE UNITED STATES
(2s) |
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18:371- CONSPIRACY TO DEFRAUD THE UNITED STATES
(3) |
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18:1951(a)- INTERFERENCE WITH COMMERCE BY THREAT OR
VIOLENCE
(4) |
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MANIPULATIVE AND DECEPTIVE DEVICES
(8s-9s) |
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INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE
(10s-12s) |
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Highest Offense Level (Opening)
---------------------------------------
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Felony |
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Terminated Counts
-----------------------------
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Disposition
----------------
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None |
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Highest Offense Level (Terminated)
--------------------------------------------
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None |
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Complaints
----------------
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Disposition
----------------
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None |
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Assigned to: Judge Raymond J. Dearie
Referred to:
|
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Lynn Wingate (5) |
represented by |
Michael K. Schneider
The Legal Aid Society
16 Court Street
3rd Floor
Brooklyn, NY 11241
718-330-1200
Fax : 718-855-0760
Email: michael_schneider@fd.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment |
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Richard A. Tanner
Harris Dickson
250 Bellevue Avenue
Upper Montclair, NJ 07043
201-744-2100
TERMINATED: 03/30/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained |
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Pending Counts
----------------------
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Disposition
----------------
|
|
18:1962(d), 1963 and 3551 et seq. RICO-INTERSTATE
COMMERCE
(1) |
|
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RACKETEERING
(1s) |
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18:371- CONSPIRACY TO DEFRAUD US
(2) |
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CONSPIRACY TO DEFRAUD THE UNITED STATES
(2s) |
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18:371- CONSPIRACY TO DEFRAUD THE UNITED STATES
(3) |
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18:371- CONSPIRACY TO DEFRAUD THE UNITED STATES
(5) |
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18:1503- INFLUENCE/INJURING OFFICER/JUROR/WITNESS
(6) |
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CONSPIRACY TO DEFRAUD THE UNITED STATES
(13s) |
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INFLUENCE/INJURING OFFICER/JUROR/WITNESS
(14s) |
|
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Highest Offense Level (Opening)
---------------------------------------
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Felony |
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Terminated Counts
-----------------------------
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Disposition
----------------
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None |
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Highest Offense Level (Terminated)
--------------------------------------------
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None |
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Complaints
----------------
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Disposition
----------------
|
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None |
|
|
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Assigned to: Judge Raymond J. Dearie
Referred to:
|
|
|
Jonathan Daws (6) |
represented by |
James J. Benjamin, JR.
Akin, Gump, Strauss, Haver & Feld
590 Madison Ave.
New York, NY 10022
212-872-8091
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained |
|
|
|
Richard B. Zabel
Akin Gump Strauss Hauer & Feld LLP
590 Madison Avenue
New York, NY 10022
(212) 872-1000
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained |
|
Pending Counts
----------------------
|
|
Disposition
----------------
|
|
RACKETEERING
(1) |
|
|
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CONSPIRACY TO DEFRAUD THE UNITED STATES
(2) |
|
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MANIPULATIVE AND DECEPTIVE DEVICES
(3-9) |
|
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INTERFERENCE WITH COMMERCE BY THREAT OR VIOLENCE
(11) |
|
|
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Highest Offense Level (Opening)
---------------------------------------
|
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|
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Felony |
|
|
|
Terminated Counts
-----------------------------
|
|
Disposition
----------------
|
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None |
|
|
|
Highest Offense Level (Terminated)
--------------------------------------------
|
|
|
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None |
|
|
|
Complaints
----------------
|
|
Disposition
----------------
|
|
None |
|
|
|
Plaintiff
-------------------
|
|
|
USA |
represented by |
Kenneth M. Breen
United States Attorney's Office
Criminal Division
1 Pierrepont Plaza
Brooklyn, NY 11201
(718) 254-7578
LEAD ATTORNEY
ATTORNEY TO BE NOTICED |
Filing Date
|
#
|
Docket Text
|
|
05/17/2002 |
|
Magistrate Go has been selected by random selection to
handle any matters that may be referred in this case. (Chee, Alvin)
(Entered: 05/21/2002) |
|
05/17/2002 |
1 |
SEALED DOCUMENT as to 1-02-cr-589-01 containing
indictment and arrest warrants. (Chee, Alvin) (Entered: 05/21/2002) |
|
05/22/2002 |
2 |
ORDER as to 1-02-cr-589-01: Ordered that the file is
hereby unsealed. ( Signed by Magistrate Robert M. Levy , on 5/22/02) (Chee,
Alvin) (Entered: 05/23/2002) |
|
05/22/2002 |
3 |
Arrest WARRANT Returned Executed as to Amr I. Elgindy,
Jeffrey A. Royer, Derrick W. Cleveland, Troy M. Peters, Lynn Wingate. (Chee,
Alvin) (Entered: 05/23/2002) |
|
05/22/2002 |
4 |
INDICTMENT as to Amr I. Elgindy (2) count(s) 1, 2, 3,
4, 5, 6, Jeffrey A. Royer (3) count(s) 1, 2, 3, 4, 5, 6, Derrick W.
Cleveland (4) count(s) 1, 2, 3, 4, Troy M. Peters (5) count(s) 1, 2, 3, 4,
Lynn Wingate (6) count(s) 1, 2, 3, 5, 6. (Chee, Alvin) (Entered: 05/23/2002) |
|
05/28/2002 |
6 |
Rule 40 Documents as to Jeffrey A. Royer, Lynn Wingate
received from USDC-District of New Mexico. (Chee, Alvin) (Entered:
05/30/2002) |
|
05/28/2002 |
7 |
CALENDAR ENTRY as to Jeffrey A. Royer, Lynn Wingate ;
Case called before Judge Raymond J. Dearie on date of 5/28/02 for
arraignment. AUSA Kenneth Breen and Nikki Kowalski, Larry Gerzog for deft
Jeffrey Royer, Ian Yankwitt for deft Wingate. Court Reporter: Marsha
Diamond. Above named defts arraigned in the District of New Mexico and
released on bond. Defts first appearance in the EDNY. Defts arraigned on the
indictment and both defts enter plea of Not Guilty: Jeffrey A. Royer (3)
count(s) 1, 2, 3, 4, 5, 6, Wingate (6) count(s) 1, 2, 3, 5, 6 . Deft Lynn
Wingate: Bond set as follows: $100,000 secured by property owned by deft in
Colorado and property owned by defts parents in Florida. Defts travel
restricted to New Mexico, Florida, SDNY, EDNY and New Jersey. Deft shall
surrender any and all passports to PTS and not apply for a new one. Deft to
report to PTS 1 time per week by phone. Deft Jeffrey Royer: Govt views deft
Royer as a serious risk of flight and motions court for remand. Defense
motions court to allow deft to continue on bond that was recommended by PTS.
Court: It is this courts view that a bond with substantial security will be
considered. Bail hearing as to deft Royer adjourned to 5/30/02 at 3:30 PM.
Next status conference as to both defts scheduled for 7/18/02 at 12 PM. Case
has been designated complex by the court for speedy trial purposes. (Chee,
Alvin) (Entered: 05/31/2002) |
|
05/28/2002 |
8 |
CJA 23 FINANCIAL AFFIDAVIT by Jeffrey A. Royer. (Chee,
Alvin) (Entered: 05/31/2002) |
|
05/28/2002 |
9 |
CJA 23 FINANCIAL AFFIDAVIT by Lynn Wingate. (Chee,
Alvin) (Entered: 05/31/2002) |
|
05/28/2002 |
12 |
Secured appearance BOND entered by Lynn Wingate in
Amount $ 100,000.00. Bail limits: deft will reside in New Mexico, Florida,
SDNY, EDNY and New Jersey. The deft shall surrender all passports to PTS.
Deft must report to PTS by telephone once a week. (Signed by Judge Raymond
J. Dearie, dated 5/28/02) (fe) (Entered: 06/05/2002) |
|
05/28/2002 |
|
Attorney update in case as to Jeffrey A. Royer.
Attorney Lawrence Gerzog for Jeffrey A. Royer added. (Chee, Alvin) (Entered:
01/09/2004) |
|
05/29/2002 |
5 |
Rule 40 Documents as to Derrick W. Cleveland received
from Western District of OK. (Chee, Alvin) (Entered: 05/29/2002) |
|
05/30/2002 |
10 |
CALENDAR ENTRY as to Jeffrey A. Royer ; Case called
before Judge Raymond J. Dearie on date of 5/30/02 for detention hearing.
AUSA Kenneth Breen and Nikki Kowalski, Larry Gerzog for deft. Deft is
currently on bond set in the District of New Mexico. Govt counsel advises
court that deft has violated his conditions of release set in NM by
contacting a witness involved in this case. Deft has comitted witness
tampering. Defense counsel proposes a bond secured by property. Court: This
court will not go further with the bail application until an explanation
about contacting the witness is forthcoming. Deft is ordered remanded,
forthwith. A temporary order of detention will enter. Court orders that the
deft is to have no contact with any of the co-defts or any of the witnesses
involved in this case. The defense counsel strongly urges the court not to
remand the deft for the reasons stated on the record. Deft remanded.
Detention hearing set for 6/3/02 at 3 PM. Court Reporter Marsha Diamond. (Chee,
Alvin) (Entered: 06/03/2002) |
|
05/30/2002 |
11 |
ORDER OF Temporary DETENTION as to Jeffrey A. Royer.
Detention hearing set for 6/3/02 at 3 PM. ( Signed by Judge Raymond J.
Dearie , dated: 5/30/02) (Chee, Alvin) (Entered: 06/03/2002) |
|
06/03/2002 |
13 |
CALENDAR ENTRY as to Jeffrey A. Royer; Case called
before Judge Raymond J. Dearie on date of 6/3/02 for detention hearing. AUSA
Kenneth Breen. Larry Gerzog for deft. Court Reporter Shelly Siverman. Gov't
witnesses sworn, examined and crossed. 1. Police officer Michael Mitchell
from Gallup, New Mexico. 2. Vincent Sanchez - FBI evidence technician gov't
position: Deft should remain in custody for the following reasons: strength
of the case; deft is a risk of flight; deft tampered with witnesses and
obstruced justice when he was ordered not to as a condition of his bond. It
is the gov't view that deft cannot be trusted to comply with court orders.
Defense: Explains to court why the deft made the two calls that he did. Deft
counsel proposes a bond secured by properties owned by relatives of deft and
that bond be co-signed by property owners and other relatives; and any
conditions the court places on deft. Court: Credits the testimony of the two
witnesses. Court finds that the deft has violated his conditions of release
and that deft tried to influence the witnesses, in this case. If this court
is to consider the bail condition application, and and all properties must
be appraised. All sureties must be made aware that if a bond is signed, any
condition that the deft breaks, the bond will be forfeited. Gov't and deft
counsel will confer and submit in writing all proposed bail conditions.
Parties will notify court when they are ready to proceed. (fe) (Entered:
06/07/2002) |
|
06/10/2002 |
14 |
Rule 40 Documents as to Amr I. Elgindy received from
Southern District of CA. (Chee, Alvin) (Entered: 06/11/2002) |
|
06/11/2002 |
15 |
TRANSCRIPT of detention hearing filed in case as to
Jeffrey A. Royer for dates of 6/03/02 before Judge Dearie. Court Reporter
Sheldon Silverman. (fe) (Entered: 06/11/2002) |
|
06/11/2002 |
16 |
NOTICE of Appearance for Amr I. Elgindy by Attorney
Sean F. O'Shea. (Chee, Alvin) (Entered: 06/12/2002) |
|
06/13/2002 |
17 |
LETTER dated 6/12/02 from Kenneth Breen to Sean O'Shea,
Esq. furnishing discovery. (fe) (Entered: 06/14/2002) |
|
06/14/2002 |
18 |
LETTER dated 6/12/02 from Kenneth Breen to Sean O'Shea,
Esq. providing discovery. (fe) (Entered: 06/18/2002) |
|
06/14/2002 |
19 |
Rule 40 Documents as to Troy M. Peters received from
USDC-Southern District of California. (fe) (Entered: 06/19/2002) |
|
06/18/2002 |
20 |
NOTICE of Appearance for Derrick W. Cleveland by
Attorney Robert A. Manchester III. (Chee, Alvin) (Entered: 06/20/2002) |
|
06/18/2002 |
21 |
CALENDAR ENTRY as to Derrick W. Cleveland ; Case called
before Judge Raymond J. Dearie on date of 6/18/02 for arraignment. AUSA
Kenneth Breen and Nikki Kowalski, Richard Signarelli and Robert Manchester
for deft. Court Reporter: Fred Guerino. Deft's first appearance. Deft waives
reading of indictment and enters plea of Not Guilty: Derrick W. Cleveland
(4) count(s) 1, 2, 3, 4 . Bond set as follows: $200,000 secured by 2 pieces
of property: 1) 433 East Bougainvillea Lane, Glendora, CA owned by defts
mother. 2) 739 Pebble Beach Dr., San Marco, CA owned by defts ex-wife. Deft
will reside in OK. Deft may travel throughout the state of OK, EDNY and
Manhattan. Deft to report to PTS by phone 1 time every 2 weeks. Bond
co-signed by defts mother, mother-in-law. Defts mother will co-sign bond in
WD of OK. Bond signed. Deft released. Case adjourned to 7/18/02 at 12 PM. (Chee,
Alvin) (Entered: 06/24/2002) |
|
06/18/2002 |
22 |
CALENDAR ENTRY as to Jeffrey A. Royer ; Case called
before Judge Raymond J. Dearie on date of 6/18/02 for detention hearing.
AUSA Kenneth Breen, Larry Gerzog for deft. Case called for continuation of
detention hearing that began on 6/3/02 before this Court. Parties report to
court that they have reached an agreement on conditions of release. Deft
released on following bond: $500,000 secured by 4 pieces of property. List
of properties attached to bond. Deft is under house arrest. Deft may leave
home only for medical emergency. Deft will reside in Norwood, Colorado. Deft
is to have no contact of any kind with any of the co-defts and potential
witnesses. Deft to have no use of internet, e-mail and cell phones. Deft
consents to pen register on phone where he will reside. Bond co-signed by
John Royer, Charlotte Royer, Mildred Carriere, Robert Carriere. Sureties
signed bond in Colorado- appeared via phone. Judge advised sureties of risks
and responsibilities they are undertaking once they sign bond. Sureties
acknowledged on the record that they understood and willingly sign the bond.
Bond executed. Deft released. Next court date: 6/18/02 at 12:30 PM. Court
Reporter: Fred Guerino. (Chee, Alvin) (Entered: 06/24/2002) |
|
06/18/2002 |
23 |
AFFIDAVIT of Suretors Mildred Carriere, Charlotte
Royer, Johnny Royer, and Robert Carriere in connection with the bail
proceedings for deft Jeffrey A. Royer. (Chee, Alvin) (Entered: 06/24/2002) |
|
06/18/2002 |
74 |
Secured Appearance Bond entered by Derrick W. Cleveland
in the amount of $200,000: Bail Limits: Deft to reside in Oklahoma and may
travel throughout OK, EDNY and Manhattan. Deft must report to PTS by
telephone every other week. ( Signed by Judge Raymond J. Dearie , dated
6/18/02) (Chee, Alvin) (Entered: 09/06/2002) |
|
06/19/2002 |
28 |
CALENDAR ENTRY as to Troy M. Peters ; Case called
before Judge Raymond J. Dearie on date of 6/19/02 for arraignment. AUSA
Kenneth Breen, Gregory Vega for deft. Court Reporter: ESR. Deft waives
reading of indictment and enters plea of Not Guilty: Troy M. Peters (5)
count(s) 1, 2, 3, 4 . Counsel Mr. Vega motions court to be admitted pro hac
vice. Court grants motion and advises counsel to file the necessary motion
paper with the Clerk's Office. Deft released on the following bond: $200,000
secured by 2 pieces of property: 1) Owned by Janis Peters, located in CA. 2)
Owned by Ann Stewart, located in CA. Sureties will sign bond in CA. Defts
travel is restricted to the state of CA and EDNY for the purposes of this
case. Deft shall surrender all passports to PTS and not apply for a new one.
Deft to report to PTS in person 1 time per month and by phone 1 time per
week. Bond executed. Deft released. Next court date: 7/18/02 at 12 PM. (Chee,
Alvin) (Entered: 06/28/2002) |
|
06/19/2002 |
|
Attorney update in case as to Troy M. Peters. Attorney
Gregory Vega for Troy M. Peters added. (Chee, Alvin) (Entered: 11/26/2003) |
|
06/21/2002 |
24 |
CALENDAR ENTRY as to Amr I. Elgindy ; Case called
before Judge Raymond J. Dearie on date of 6/21/02 for arraignment. AUSA
Kenneth Breen and Nikki Kowalski, Sean O'Shea for deft. Court Reporter: Fred
Guerino. Deft's first appearance. Deft waives reading of indictment and
enters plea of Not Guilty: Amr I. Elgindy (2) count(s) 1, 2, 3, 4, 5, 6 .
Govt seeks detention on the ground that the deft is risk of flight and for
the reasons stated on the record. Defense counsel proposes a bond secured by
property. Court: Case is adjourned to 6/27/02 at 1 PM for continuation of
bail/detention hearing. Court advises counsel that all submissions are due
on 6/25/02. The next court date for the entire case is scheduled for 7/18/02
at 12 PM. (Chee, Alvin) (Entered: 06/25/2002) |
|
06/25/2002 |
25 |
LETTER dated 6/25/02 from Sean O'Shea, Esq. to Hon.
Raymond Dearie providing information and argument in support of the bail
application for deft Elgindy pursuant to the Court's directive. (Chee,
Alvin) (Entered: 06/26/2002) |
|
06/25/2002 |
26 |
LETTER dated 6/25/02 from AUSA Breen and Kowalski to
Hon. Raymond Dearie requesting that the Court detain deft Elgindy since the
evidence demonstrates that Elgindy is a flight risk. (Chee, Alvin) (Entered:
06/26/2002) |
|
06/26/2002 |
27 |
LETTER dated 6/26/02 from AUSA Kenneth Breen to Judge
Dearie in further support of the gov't application that the Court detain
deft Elgindy pending trial. (fe) (Entered: 06/27/2002) |
|
06/27/2002 |
29 |
CALENDAR ENTRY as to Amr I. Elgindy ; Case called
before Judge Raymond J. Dearie on date of 6/27/02 for detention hearing.
AUSA Kenneth Breen and Nikki Kowalski, Gerald Lefcourt, Sean O'Shea, and
Gary Becker for deft. Case called for detention hearing. Govt views deft as
a risk of flight and states that there are no set conditions that will
reasonably ensure the defts return to Court if released on bail. Defense
counsel Mr. O'Shea informs court that he is being relieved as counsel and
that Mr. Lefcourt has filed a notice of appearance. Mr. O'Shea and Mr.
Lefcourt suggest that a bond can be set secured by property and any other
conditions that the court deems appropriate. Court: Deft is a risk of
flight. This court may consider a substantial bond. This Court requires a
sworn financial statement from deft and defts wife, the Court will require
that the passports of the children be surrendered. Mr. Lefcourt is directed
to advise court when he is prepared to continue this bail application. Mr.
O'Shea is releived as counsel. Court Reporter: ESR. (Chee, Alvin) (Entered:
07/03/2002) |
|
06/27/2002 |
30 |
NOTICE of Appearance for Amr I. Elgindy by Attorney
Gerald B. Lefcourt. (Chee, Alvin) (Entered: 07/03/2002) |
|
07/09/2002 |
31 |
TRANSCRIPT of detention hearing before Hon. Raymond
Dearie filed in case as to Amr I. Elgindy for date of 6/27/02 ; ESR: Loan
Hong. (Chee, Alvin) (Entered: 07/10/2002) |
|
07/09/2002 |
32 |
ORDER as to Lynn Wingate: Ordered that deft's bail
conditions be modified, such that she be permitted to travel to the state of
Colorado upon prior written notification to PTS. C/M by chambers. ( Signed
by Judge Raymond J. Dearie , on 7/9/02) (Chee, Alvin) (Entered: 07/11/2002) |
|
07/09/2002 |
34 |
LETTER dated 7/3/02 from Anthony Elgindy to Hon.
Raymond Dearie requesting the Court's assistance with regards to the privacy
of his calls to attorney at the MDC. (Chee, Alvin) (Entered: 07/18/2002) |
|
07/15/2002 |
|
ENDORSED ORDER as to Amr I. Elgindy: Clerk directed to
forward copies of Mr. Elgindy's 7/3/02 letter to Warden MDC and counsel.
Endorsed on document #34. C/M by chambers. ( Signed by Judge Raymond J.
Dearie , on 7/15/02) (Chee, Alvin) (Entered: 07/18/2002) |
|
07/15/2002 |
36 |
GUILTY Plea ORDER of referral as to Derrick W.
Cleveland: Guilty plea allocution referred to the MJ. ( Signed by Judge
Raymond J. Dearie , on 7/15/02) (Chee, Alvin) (Entered: 07/18/2002) |
|
07/17/2002 |
35 |
LETTER dated 7/15/02 from AUSA Kenneth Breen to All
defense counsel providing discovery. (Chee, Alvin) (Entered: 07/18/2002) |
|
07/17/2002 |
37 |
CALENDAR ENTRY as to Derrick W. Cleveland ; Case called
before Magistrate Marilyn D. Go on date of 7/17/02 for guilty plea. AUSA Ken
Breen, Robert Manchester and Richard Signorelli for deft. Tape # 02/76
(1860-3685). Deft sworn and informed of rights. Deft waives trial before
District Court. Deft enters plea of Guilty: Derrick W. Cleveland (4) count(s)
1 . Bail continued for deft. Sentencing scheduled for 12/6/02 at 12:30 PM
before Judge Dearie. MJ Go recommends that the plea be accepted. Plea marked
as court exhibit #1. (Chee, Alvin) (Entered: 07/18/2002) |
|
07/18/2002 |
33 |
LETTER undated from Lawrence Gerzog, Esq. to Hon.
Raymond Dearie requesting the Court's permission to accept an offer of
employment for Mr. Royer. Letter explaining the details of the offer and
hours attached. (Chee, Alvin) (Entered: 07/18/2002) |
|
07/18/2002 |
38 |
ORDER as to Amr I. Elgindy: In accordance with the
Court's discussions with counsel at today's status conference, the court
establishes the following schedule: 1. By close of business today, the US
Attorney will present to the Court originals and all copies of tape recorded
conversations between the deft Elgindy and his attorneys in the possession
of the US Attorney and law enforcement agencies or govt personnel. An
appropriate sealing order shall accompany the submissions. 2. Any
supplemental submissions on the issue of deft Elgindy's bail status must be
filed with the Court by 5 PM, Monday, 7/22/02. 3. By 1 PM, Tuesday, 7/23/02,
the assigned AUSA shall present an affirmation detailing the procedures used
to monitor attorney-client conversations involving deft Elgindy, and
identifying specific conversations monitored. 4. An appropriate
representative of the BOP shall send the court a written explanation of the
policies and procedures used to provide pretrial detainees with access to
telephones and, in particular, access to unmonitored lines for
attorney-client communications. A status conference is set for 9/5/02. C/M
by chambers. ( Signed by Judge Raymond J. Dearie , on 7/18/02) (Chee, Alvin)
(Entered: 07/19/2002) |
|
07/18/2002 |
40 |
CALENDAR ENTRY as to Amr I. Elgindy, Jeffrey A. Royer,
Troy M. Peters, Lynn Wingate ; Case called before Judge Raymond J. Dearie on
date of 7/18/02 for status conference. AUSA Kenneth Breen, Gerald Lefcourt
and Mr. Becker for deft Elgindy, Larry Gerzog for deft Royer, Gregory Vega
for deft Peters, Debra Colson and Richard Tanner for deft Wingate. Discovery
issues discussed. Court is advised that this trial should take about 4
weeks. Court proposes a trial date of 3/13/03 or June 2003. Counsel Richard
Tanner files a notice of appearance on behalf of Lynn Wingate. LAS counsel
is relieved. Deft Elgindy ONLY: Court is advised through defense counsel Mr.
Lefcourt that the telephone conversations at the MDC between deft and prior
counsel, Mr. O'Shea were recorded. Court: All tape recorded conversations
between deft Elgindy and his attorneys from the MDC will be sealed and
placed in the Clerk's Office safe, tapes will be impounded today. AUSA is
ordered to submit tapes by close of business day today. Court will issue a
written order. Govt submissions on bail issues as to deft Elgindy due
7/22/02. Court directs AUSA to hand deliver submissions to chambers. Deft
Royer ONLY: Govt asks for remand of deft on the basis that deft contacted
another witness. Court: Deft Royer is remanded. Court will continue the bail
revocation hearing on 7/22/02 at 4:30 PM. Court Reporter: Ron Tolkin. (Chee,
Alvin) (Entered: 07/22/2002) |
|
07/18/2002 |
43 |
ORDER OF Temporary DETENTION as to Jeffrey A. Royer:
Hearing will continue on 7/22/02 at 4 PM. ( Signed by Judge Raymond J.
Dearie , dated: 7/18/02) (Chee, Alvin) (Entered: 07/25/2002) |
|
07/18/2002 |
42 |
LETTER dated 7/12/02 from AUSA Kenneth Breen to Hon.
Raymond Dearie moving for a revocation of deft Royer's bail and requests
that the court issue a warrant for his arrest. (Chee, Alvin) (Entered:
07/25/2002) |
|
07/19/2002 |
39 |
LETTER dated 07/19/02 from AUSA Kenneth M. Breen to
Hon. Raymond J. Dearie: Requesting an extension of time until Monday, July
22, 2002 to provide the audio tapes of the defendant Amr I. Elgindy's
conversations with his attorneys from the telephones at the Metropolitan
Corrections Center in San Diego, California. (Lee, Stephen) (Entered:
07/22/2002) |
|
07/19/2002 |
44 |
NOTICE of Appearance for Lynn Wingate by Attorney
Richard A. Tanner. (Chee, Alvin) (Entered: 07/25/2002) |
|
07/19/2002 |
45 |
LETTER dated 7/19/02 from AUSA Kenneth Breen to Hon.
Raymond Dearie requesting an extension of time until 7/22/02 to provide the
audio tapes of deft Elgindy's conversations with his attorneys. (Chee,
Alvin) (Entered: 07/25/2002) |
|
07/19/2002 |
46 |
LETTER dated 7/19/02 from Gerald Lefcourt, Esq. to Hon.
Raymond Dearie opposing the govt's letter request dated 7/19/02 to extend
its time to provide the audiotapes of Mr. Elgindy's conversations with his
counsel. (Chee, Alvin) (Entered: 07/25/2002) |
|
07/22/2002 |
47 |
LETTER dated 7/22/02 from AUSA Kenneth Breen to Hon.
Raymond Dearie in further support of the govt's motion to revoke deft
Royer's bail. (Chee, Alvin) (Entered: 07/25/2002) |
|
07/22/2002 |
48 |
LETTER dated 7/22/02 from AUSA Breen and Kowalski to
Hon. Raymond Dearie requesting that the Court continue to detain deft
Elgindy pursuant to 18:3142(e). (Chee, Alvin) (Entered: 07/25/2002) |
|
07/22/2002 |
49 |
LETTER dated 7/22/02 from Gary Becker, Esq. to Hon.
Raymond Dearie bringing to the Court's attention that a bank account of
$4000 was omitted on the financial disclosure form submitted to the Court. (Chee,
Alvin) (Entered: 07/25/2002) |
|
07/22/2002 |
50 |
CALENDAR ENTRY as to Jeffrey A. Royer ; Case called
before Judge Raymond J. Dearie on date of 7/22/02 for revocation of bail
hearing. AUSA Kenneth Breen, Larry Gerzog for deft. For the reasons stated
in the govt letter, it is the position of the govt that the deft should
remain in custody. Defense counsel opposes and for the reasons stated on the
record, requests that the deft be continued on the bond that was set by the
Court. Defense counsel further advises court that the deft would like to
make a statement to the Court. Deft sworn and makes his statement to the
Court. Court: The person who was contacted does fall into the potential
witness category and this court believes that the deft knew that he should
not have contacted this person. This Court will give the deft one last
chance. Deft is advised that an additional condition of the bond is as
follows: Deft is to have no contact with anyone other than his counsel and
members of his immediate family and his PTS officer. Deft is advised that if
deft breaks this condition, he will be remanded for the duration of this
case, forthwith. The court may re-visit this ruling in the future. Govt
opposes and requests that this order be stayed until 7/23/02 to finish an
investigation regarding defts phone card. Court: Release is stayed until
7/23/02 at 5 PM. Court directs defense counsel to advise all suretors of the
additional no-contact condition. All suretors will submit an affidavit to
the Court agreeing to this additional condition. Court Reporter: Burt Sulzer.
(Chee, Alvin) (Entered: 07/25/2002) |
|
07/22/2002 |
51 |
LETTER dated 7/22/02 from AUSA Andrew Frisch to Hon.
Raymond Dearie enclosing an affirmation responding to Your Honor's order of
7/18/02, 15 cassette tapes, and handwritten notes, all of which are filed
under seal. (Chee, Alvin) (Entered: 07/25/2002) |
|
07/23/2002 |
41 |
LETTER dated 07/17/02 from Richard A. Tanner to Hon.
Raymond J. Dearie: Asking the court if Richard A. Tanner could appear and
represent Ms. Lynn Wingate. She has attend the Status Conference set for
2:30pm on thursday, July 18, 2002. (Lee, Stephen) (Entered: 07/23/2002) |
|
07/23/2002 |
52 |
AFFIDAVIT by AUSA Kenneth Breen regarding the taped
conversations of deft Elgindy with his counsel as to Amr I. Elgindy. (Chee,
Alvin) (Entered: 07/25/2002) |
|
07/23/2002 |
53 |
SEALED DOCUMENT as to Amr I. Elgindy containing notes
of AUSA Andrew Frisen. (Chee, Alvin) (Entered: 07/25/2002) |
|
07/23/2002 |
54 |
SEALED DOCUMENT as to Amr I. Elgindy containing
affirmation of AUSA Andrew Frisen. (Chee, Alvin) (Entered: 07/25/2002) |
|
07/23/2002 |
55 |
LETTER dated 7/23/02 from Jennifer Hansen, Esq. to Hon.
Raymond Dearie in response to the Court's order dated 7/18/02 requesting an
explanation of the policies and procedures used by the BOP to provide
unmonitored telephone access for pretrial inmates. (Chee, Alvin) (Entered:
07/25/2002) |
|
07/23/2002 |
56 |
SEALED DOCUMENT as to Amr I. Elgindy containing 15
cassette tapes. (Chee, Alvin) (Entered: 07/25/2002) |
|
07/26/2002 |
57 |
LETTER dated 7/25/02 from AUSA Nikki Kowalski to All
defense counsel providing additional discovery. (Chee, Alvin) (Entered:
07/29/2002) |
|
07/30/2002 |
58 |
TRANSCRIPT of guilty plea before MJ Go filed in case as
to Derrick W. Cleveland for date of 7/17/02 ; By Rosalie Lombardi. (Chee,
Alvin) (Entered: 07/30/2002) |
|
07/31/2002 |
59 |
ORDER as to Amr I. Elgindy: Deft Elgindy seeks release
on bail. The parties are referred to the duty magistrate for an evidentiary
hearing. It is anticipated that the probation officer who communicated
directly with the deft will testify. Alternatively, this Court will be
available to conduct a hearing on Thursday, 8/22/02 at 2 PM. C/M. ( Signed
by Judge Raymond J. Dearie , on 7/31/02) (Chee, Alvin) (Entered: 08/01/2002) |
|
08/06/2002 |
60 |
LETTER dated 8/6/02 from Gerald Lefcourt, Esq. to Hon.
Raymond Dearie informing the Court that counsel expects to make a formal
application for release of funds for attorney's fees and living expenses.
Mr. Lefcourt also notes that since Mr. Elgindy's Ferrari is not a named deft
in the Amended Civil Forfeiture Complaint, Mrs. Elgindy is free to sell it.
(Chee, Alvin) (Entered: 08/09/2002) |
|
08/09/2002 |
71 |
LETTER dated 8/9/02 from Gerald Lefcourt, Esq. to AUSA
Kenneth Breen reqeusting discovery in regards to the bail hearing scheduled
for 8/22/02. (Chee, Alvin) (Entered: 09/03/2002) |
|
08/13/2002 |
61 |
TRANSCRIPT of status conference before Hon. Raymond
Dearie filed in case as to Amr I. Elgindy, Jeffrey A. Royer, Troy M. Peters,
Lynn Wingate for date of 7/18/02. Court Reporter: Ronald Tolkin. (Chee,
Alvin) (Entered: 08/13/2002) |
|
08/20/2002 |
62 |
TRANSCRIPT of proceedings before Judge Dearie filed in
case as to Jeffrey A. Royer for date of July 22, 2002 ; Court Reporter:
Burton H. Sulzer. (Delions, Aaron) (Entered: 08/20/2002) |
|
08/21/2002 |
63 |
LETTER dated 08/20/2002 from AUSA Kenneth M. Breen to
Magistrate Judge Go stating the government's opposition to the defendant Amr
Elgindy's discovery motion in anticipation of his August 22, 2002 bail
hearing. (Delions, Aaron) (Entered: 08/22/2002) |
|
08/21/2002 |
64 |
LETTER dated 08/20/2002 from AUSA Kenneth M. Breen to
Gerald B. Lefcourt, Esq. stating that the government provides with this
letter additional discovery in anticipation of the defendant Amr Elgindy's
08/22/2002 bail hearing. (Delions, Aaron) (Entered: 08/22/2002) |
|
08/22/2002 |
66 |
CALENDAR ENTRY as to Amr I. Elgindy ; Case called
before Judge Raymond J. Dearie on date of 8/22/02 for evidentiary hearing.
AUSA Breen present; Dft present with counsel Gerald Lefcourt and Gary
Becker. Government witness Probation Officer Mark Riedling sworn, examined
and crossed. Government witness Probation Officer Lori Bryant sworn,
examined, and crossed. Defense witness Allan Schwartz sworn, examined and
crossed. Hearing adjourned to 8/29/02 at 2:00pm. Court Reporter Stephanie
Drexler. (Fahey, Lauren) (Entered: 08/28/2002) |
|
08/26/2002 |
65 |
LETTER dated 8/26/02 from AUSA Kenneth Breen to Hon.
Raymond Dearie requesting that the Court continue to detain the deft Amr
Elgindy pursuant to 18:3142(e). (Chee, Alvin) (Entered: 08/27/2002) |
|
08/28/2002 |
70 |
LETTER dated 8/28/02 from Gerald Lefcourt, Esq. to Hon.
Raymond Dearie requesting that deft Elgindy be released on bail forthwith. (Chee,
Alvin) (Entered: 09/03/2002) |
|
08/29/2002 |
67 |
LETTER dated 8/26/02 from Gregory A. Vega, Esq to Judge
Dearie, informing the Court that he has received a response from AUSA
Kenneth Breen regarding the proposed hunting trip for Dft Peters. (Fahey,
Lauren) (Entered: 08/29/2002) |
|
08/29/2002 |
68 |
LETTER dated 8/23/02 from Gregory Vega to Judge Dearie,
following up on his letter dated 8/5/02 regarding permission for Dft to
travel. (Fahey, Lauren) (Entered: 08/29/2002) |
|
08/29/2002 |
68 |
ENDORSED ORDER on document 68 as to Troy M. Peters,
Application approved. AUSA Kenneth Breen has no objection to the proposed
hunting trip. Deft is permitted to travel to the state of Idaho from 8/31/02
through 9/7/02 for the purpose of the proposed hunting trip, with the
understanding that there will be no firearms used or in the possession of
any of the participants. (Signed by Judge Raymond J. Dearie, on 8/28/02).
C/M by chambers. (Fahey, Lauren) (Entered: 08/29/2002) |
|
08/29/2002 |
69 |
TRANSCRIPT of criminal cause for detention hearing
before Judge Dearie filed in case as to Amr I. Elgindy for dates of 6/27/02;
ESR: Loan Hong. (Fahey, Lauren) Modified on 08/30/2002 (Entered: 08/30/2002) |
|
08/29/2002 |
73 |
CALENDAR ENTRY as to Amr I. Elgindy ; Case called
before Judge Raymond J. Dearie on date of 8/29/02 for evidentiary hearing.
AUSA Kenneth Breen, Gerald Lefcourt and Gary Becker for deft. Case called
for continuation of evidentiary hearing that began on 8/22/02. Court's
ruling: Deft will be released under very stringent conditions which will be
revisited from time to time: Deft will be under house arrest with a
bracelet. All accounts that were seized, all of his personal property,
personal and business accounts will be used as security. The Court would
like an accounting on the fund that exists that represents the proceeds of
the sale of the Ferrari. Deft not to spend more than $500 with certain
schedule exceptions, such as mortgages and things of that sort without prior
notice to the PTS and in turn to the Court. Defense counsel directed to
prepare a schedule listing all ordinary and necessary expenses for the
Court's preapproval. Deft is ordered remanded until all conditions of the
bond have been met. Case adjourned to 9/10/02 at 10:30 AM. Court Reporter:
Marsha Diamond. (Chee, Alvin) (Entered: 09/06/2002) |
|
08/30/2002 |
72 |
SCHEDULING ORDER as to Amr I. Elgindy, Jeffrey A.
Royer, Troy M. Peters, Lynn Wingate: A status conference will be held on
10/21/02 at 3 PM. C/M by chambers. ( Signed by Judge Raymond J. Dearie,
8/30/02) (Chee, Alvin) (Entered: 09/03/2002) |
|
09/03/2002 |
75 |
LETTER dated 9/3/02 from Lawrence Gerzog, Esq. to Hon.
Raymond Dearie requesting a modification of Mr. Royer's bail conditions. Mr.
Royer would like to have the opportunity to make regularly scheduled medical
appointments on 48 hours notice to PTS. In particular, Mr. Royer would like
to see his chiropractor, who is in his hometown on Thursdays and Saturdays.
Mr. Royer would like to make an appointment for this Thursday. (Chee, Alvin)
(Entered: 09/10/2002) |
|
09/03/2002 |
|
ENDORSED ORDER as to Jeffrey A. Royer: The application
for Mr. Royer to see his chiropractor on Thursday, 9/5/02 granted. Mr.
Royer's application to have the opportunity to make regularly scheduled
medical appointments on 48 hours to PTS not approved without further
information. Endorsed on document #75. C/M by chambers. ( Signed by Judge
Raymond J. Dearie , undated) (Chee, Alvin) (Entered: 09/10/2002) |
|
09/10/2002 |
83 |
BOND entered by Amr I. Elgindy: Deft released on
$2,500,000 bond secured by real property and personal property. $525,000
cash to be deposited to the Clerk of Court. Bond co-signed by 7 sureties
(see attached list for details). Conditions of release: 1) Deft is under
house arrest. Deft only to leave his home for a medical emergency with
notification to PTS as soon as practicable. Deft will pay the cost of
electronic monitoring. 2) The deft shall surrender all travel documents to
PTS. All sureties will surrender all travel documents to PTS. 3) No
expenditures by or on behalf of deft in excess of $500 without the prior
approval of PTS, other than scheduled routine living expenses authorized by
the Court. ( Signed by Judge Raymond J. Dearie , dated 9/10/02) (Chee,
Alvin) (Entered: 10/11/2002) |
|
09/10/2002 |
84 |
Assignment of Interests in Personalty; Endorsed by
Judge Dearie on 9/10/02. (Rider to assignment of interests in personalty,
attached) filed. (Chee, Alvin) (Entered: 10/11/2002) |
|
09/10/2002 |
85 |
Assignment of Interests in Real Estate in Lebanon;
endorsed by Judge Dearie on 9/10/02, filed. (Chee, Alvin) (Entered:
10/11/2002) |
|
09/13/2002 |
76 |
ORDER directing deposit of monies with the Clerk of the
Court to secure bail bond as to Amr I. Elgindy: Ordered within 2 business
days of receiving a signed copy of this order, Gerald Lefcourt, Esq. counsel
for deft Elgindy, shall cause to be personally delivered to the Clerk of
this Court a check, payable to Clerk of Court-EDNY, drawn on its
attorney-escrow account maintained at HSBC Bank in the full amount of all of
the funds previously transferred from the deft Elgindy's account maintained
at Bank Blom, Lebanon, less any bank processing fees, to said attorney-
escrow account, plus all interest accrued thereto. Counsel for the deft
Elgindy has previously represented to the Court that said amount on deposit
in his attorney-escrow account is approximately $525,000. The Clerk of Court
shall deposit said check drawn on the attorney-escrow account of counsel for
the deft Elgindy into an interest-bearing escrow account. These funds which
shall be held by the Clerk pending further order of this Court constitute
part of the collateral pledged by or on behalf of deft Elgindy to secure his
bail bond. In the event that deft violates any of the terms and conditions
of his release on bail, subject to the amount of the bail bond, the entire
amount of these funds is subject to forfeiture to the US. C/M. ( Signed by
Judge Raymond J. Dearie , on 9/13/02) (Chee, Alvin) (Entered: 09/16/2002) |
|
09/16/2002 |
77 |
LETTER dated 9/16/02 from AUSA Kenneth Breen to Hon.
Raymond Dearie requesting until 9/25/02 for the govt to respond to deft
Elgindy's 9/10/02 application for the release of pledged assets to pay his
legal fees. (Chee, Alvin) (Entered: 09/18/2002) |
|
09/16/2002 |
|
ENDORSED ORDER as to Amr I. Elgindy: Application
granted extending time until 9/25/02 for govt to respond to deft Elgindy's
9/10/02 application for the release of pledged assets. Endorsed on document
#77. C/M by chambers. ( Signed by Judge Raymond J. Dearie , on 9/16/02) (Chee,
Alvin) (Entered: 09/18/2002) |
|
09/20/2002 |
78 |
TRANSCRIPT of bail hearing before Hon. Raymond Dearie
filed in case as to Amr I. Elgindy for date of 9/10/02 ; By Rosalie
Lombardi. (Chee, Alvin) (Entered: 09/20/2002) |
|
09/25/2002 |
79 |
LETTER dated 9/25/02 from AUSA Kenneth Breen to Hon.
Raymond Dearie in response to deft Elgindy's 9/10/02 and 9/17/02 request to
release pledged assets to pay his legal fees, repay a debt to his mother and
provide him with legal expenses. The govt opposes Elgindy's request because
releasing these assets would undermine the effectiveness of his bail
package, and because his request is premature and excessive. (Chee, Alvin)
(Entered: 09/27/2002) |
|
10/01/2002 |
86 |
Bank Account Assignments & Security Account
Assignments, filed. (Refer to attached list for assignment account
information). (Please note that the original assignments have been mailed to
the various financial institutions and once endorsed will be forwarded back
to the Clerk's Office-Financial Section- the only paper work received from
defense counsel were the original assignments. Statements from the various
accounts were not received. The only paper work that the Financial Section
will have in its' possession are the original assignments, once received
from the financial institutions.) (Chee, Alvin) (Entered: 10/11/2002) |
|
10/02/2002 |
80 |
LETTER dated 10/1/02 from AUSA Kenneth Breen to All
Defense Counsel furnishing the enclosed draft index of the documents that
have been made available for inspection. (Chee, Alvin) (Entered: 10/03/2002) |
|
10/03/2002 |
81 |
LETTER dated 10/3/02 from AUSA Kenneth Breen to Hon.
Raymond Dearie in response to deft Elgindy's 9/27/02 letter, and in further
opposition to Elgindy's proposed request to release pledged assets to pay
his legal fees, repay a debt to his mother and provide him with living
expenses. (Chee, Alvin) (Entered: 10/04/2002) |
|
10/07/2002 |
82 |
ORDER as to Amr I. Elgindy: Pending further order of
this Court, the Court now authorizes the monthly payment of the mortgage on
the family residences, including sums past due, in accordance with an
understanding of the parties as to how best to accomplish this end. The
Court requests a written report on the status of the deft's 2001 Ferrari, or
the proceeds of any sale thereof. C/M by chambers. ( Signed by Judge Raymond
J. Dearie , on 10/7/02) (Chee, Alvin) (Entered: 10/07/2002) |
|
10/10/2002 |
87 |
LETTER dated 10/10/02 from AUSA Arthur Hui to Hon.
Raymond Dearie enclosing a proposed order which authorizes the Clerk of
Court to pay out of funds, which the Clerk is presently holding in an
interest-bearing escrow account pursuant to the Court's 9/13/02 order, the
past due amount on account of the deft Elgindy's mortgage on his residence
located at 3371 Calle Tres Vistas. (Chee, Alvin) (Entered: 10/11/2002) |
|
10/10/2002 |
|
ENDORSED ORDER as to Amr I. Elgindy: The proposed Order
which directs the Clerk of Court to pay funds for deft's mortgage modified
and signed, without prejudice to the govt's right to seek relief in an
appropriate application. Endorsed on document #87. C/M. ( Signed by Judge
Raymond J. Dearie , on 10/10/02) (Chee, Alvin) (Entered: 10/11/2002) |
|
10/10/2002 |
88 |
ORDER authorizing release of funds held by the Clerk of
Court to pay certain mortgage payments as to Amr I. Elgindy : Within 5
business days of receiving the original of this Order, the Clerk of Court
shall issue a check in the amount of $55,202.95 payable to "Washington
Mutual," on account of loan number 0044810711, in payment of the outstanding
amount due on the mortgage given by the deft Elgindy and his wife, Mary
Faith to Washington Mutual in connection with their residence located at
3371 Calle Tres Vistas, Encinitas, CA. The Clerk of Court shall issue the
aforesaid check against the approximately $525,000 which was previously
delivered to the Clerk of Court by counsel for the deft and which was
deposited by the Clerk of Court into an interest-bearing escrow account
pursuant to the 9/13/02 order of the Court. Clerk shall mail the aforesaid
check to the following address: Washington Mutual, Mortgage Payment, P.O.
Box 60800, Los Angeles, CA 90060 and shall mail a copy of said check to
counsel for the US and to counsel for deft Elgindy. Pending further order of
the Court, beginning in November 2002 and continuing for each month
thereafter, unless otherwise ordered by the Court, the Clerk of Court shall
issue a check on the fifth day of each month, in the amount of $10,616.91
and payable to Washington Mutual in payment of that month's mortgage amount
due from deft Elgindy and his wife. Nothing in this Order shall prejudice
the right of the US or the deft Elgindy to seek the forfeiture or release,
respectively, of the funds held by the Clerk of Court in its interest
bearing account in this action. C/M. ( Signed by Judge Raymond J. Dearie ,
on 10/10/02) (Chee, Alvin) (Entered: 10/11/2002) |
|
10/10/2002 |
90 |
LETTER dated 10/10/02 from Lawrence Gerzog, Esq. to
Hon. Raymond Dearie seeking a modification of bail conditions for Mr. Royer.
Mr. Royer would like to travel to Denver to return his children on 10/13/02.
(Chee, Alvin) (Entered: 10/15/2002) |
|
10/10/2002 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Mr. Royer's
request to travel to Denver of 10/13/02 denied. Endorsed on document #90.
C/M by chambers. ( Signed by Judge Raymond J. Dearie , on 10/10/02) (Chee,
Alvin) (Entered: 10/15/2002) |
|
10/15/2002 |
89 |
TRANSCRIPT of evidentiary hearing before Hon. Raymond
Dearie filed in case as to Amr I. Elgindy for dates of 8/29/02 ; Court
Reporter: Marsha Diamond. (Chee, Alvin) (Entered: 10/15/2002) |
|
10/18/2002 |
91 |
LETTER dated 10/18/02 from AUSA Kenneth Breen to All
Defense counsel responding to various discovery requests. (Chee, Alvin)
(Entered: 10/21/2002) |
|
10/18/2002 |
92 |
LETTER dated 10/18/02 from AUSA Kenneth Breen to Hon.
Raymond Dearie in response to deft Elgindy's 10/16/02 letter regarding
discovery matters. (Chee, Alvin) (Entered: 10/21/2002) |
|
10/21/2002 |
93 |
CALENDAR ENTRY as to Amr I. Elgindy, Jeffrey A. Royer,
Troy M. Peters, Lynn Wingate ; Case called before Judge Raymond J. Dearie on
date of 10/21/02 for status conference. AUSA Ken Breen, Paul Schoeman and
Arthur Hui. Gerald Lefcourt and Gary Becker for deft Elgindy, Larry Gerzog
for deft Royer, Greg Vega for deft Peters, Richard Tanner for deft Wingate.
Case called for status conference regarding discovery issues discussed on
the record. Court: This Court will hold bi-weekly conferences. Counsel from
California permitted to appear by phone. Counsel for deft Elgindy will
submit to the Court by close of business tomorrow the daily expenditures of
deft, regarding bill payments for utilities, health benefits, etc. Next
status conference scheduled for 11/7/02 at 5 PM. Court Reporter: Burt Sulzer.
(Chee, Alvin) (Entered: 10/30/2002) |
|
10/23/2002 |
94 |
LETTER dated 10/20/02 from Rob Woodcock, Esq. to Clerk
of Court serving as an acknowlege of the Assignment dated 9/10/02. Mr.
Woodcock informs the Court that because of a prior lien on the account, any
funds deposited into the accounts will be applied to satisfy the lien. Once
satisfied, any further funds will be available to the Court through the
Assignment. (Chee, Alvin) (Entered: 11/01/2002) |
|
10/25/2002 |
96 |
LETTER dated 10/19/02 from John Brighten, Chief
Compliance Officer of Global Securities Corp., to Clerk of Court informing
the Court that the assets referenced by the assignments are the subject of a
Freeze Order issued by the British Columbia Securities Commission on
5/24/02. Global Securities cannot accept any instructions from the Court to
deal with the assets. (Chee, Alvin) (Entered: 11/04/2002) |
|
10/28/2002 |
95 |
LETTER dated 10/23/02 from Paul Green, Operations
Manager of Investrade Securities, to Clerk of Court informing the Court that
there is a problem with the registration and the titles of three accounts
listed in the Notice of Assignment. These accounts are UGMA accounts and are
not the property of Mr. or Mrs. Elgindy. (Chee, Alvin) (Entered: 11/01/2002) |
|
10/29/2002 |
|
ENDORSED ORDER as to Amr I. Elgindy: Clerk to forward
copies of the 10/20/02 letter by Mr. Woodcock (doc #94), to AUSA Breen and
Hui, and to Mr. Elgindy's counsel. Endorsed on document #94. C/M by
chambers. ( Signed by Judge Raymond J. Dearie , on 10/29/02) (Chee, Alvin)
(Entered: 11/01/2002) |
|
10/30/2002 |
|
ENDORSED ORDER as to Amr I. Elgindy: Clerk to forward
copies of this letter (doc #96) to AUSAs Breen and Hui and counsel for Mr.
Elgindy. Endorsed on document #96. C/M. ( Signed by Judge Raymond J. Dearie
, on 10/30/02) (Chee, Alvin) (Entered: 11/04/2002) |
|
11/06/2002 |
97 |
LETTER dated 11/6/02 from AUSA Kenneth Breen to All
Defense Counsel enclosing draft stipulations regarding indexes, transcripts
and the return of the seized computers and computer accessories. (Chee,
Alvin) (Entered: 11/07/2002) |
|
11/07/2002 |
98 |
ORDER as to Amr I. Elgindy, Jeffrey A. Royer, Derrick
W. Cleveland, Troy M. Peters, Lynn Wingate regarding procedures that shall
be followed to prevent the unauthorized disclosure or dissemination of
confidential law enforcement information from the FBI's National Crime
Information Center database ("NCIC"), Automated Case Support database ("ACS"),
FD-302s and other reports, hereinafter referred to as "Confidential Law
Enforcement information," that is contained in the discovery material in
this case, pending further order of this Court. C/M. ( Signed by Judge
Raymond J. Dearie , on 11/7/02) (Chee, Alvin) (Entered: 11/08/2002) |
|
11/07/2002 |
99 |
ORDER authorizing release of funds held by the Clerk of
Court to pay certain living expenses of the deft Elgindy and his family:
Pending further order of the Court, within 3 business days of receiving the
original of this order, and thereafter, on the 20th day of each month, the
Clerk of Court shall issue a check in the amount of $7,000 payable to "Mary
Faith Elgindy," against the approximately $525,000 which was previously
delivered to the Clerk of Court by counsel for the deft and which was
deposited by the Clerk into an interest-bearing account pursuant to the
9/13/02 order of the Court. The Clerk shall send a copy of each check to
AUSA Arthur Hui. The funds disbursed each month by the Clerk of Court and
deposited into the Expense Account pursuant to this Order shall only be used
for the living expenses of the deft Elgindy and his immediate family. By the
15th day of each month, commencing 12/15/02, and continuing thereafter
pending further order of the Court, counsel for the deft Elgindy shall send
to the aforesaid counsel for the US a written accounting of the $7,000
disbursed by the Clerk of Court pursuant to this order in the prior month.
In addition, within 3 business days of receiving the original of this order,
the Clerk shall issue a check, drawn against the approximately $525,000
which was previously delivered to the Clerk of Court by counsel for deft
Elgindy and which was deposited into an interest-bearing escrow account,
made payable to "Mary Faith Elgindy" in the amount of $9,791.75. This check
in the amount of $9,791.75 shall only be used to pay the following certain
outstanding expenses incurred by the deft Elgindy and his immediate family:
(see document for further details). Any violation of this Order by deft
Elgindy will invite the Court's reconsideration of bail and the terms and
conditions of release. C/M. ( Signed by Judge Raymond J. Dearie , on
11/7/02) (Chee, Alvin) (Entered: 11/08/2002) |
|
11/07/2002 |
100 |
LETTER dated 11/7/02 from AUSA Kenneth Breen to all
defense counsel enclosing a list of 39 stocks as to which the govt believes
the defts engaged in the illegal activities alleged in the indictment. (Chee,
Alvin) (Entered: 11/12/2002) |
|
11/14/2002 |
102 |
LETTER dated 11/13/02 from AUSA Kenneth Breen to Hon.
Raymond Dearie requesting a 6 month adjournment of deft Cleveland's 12/6/02
sentence. (Chee, Alvin) (Entered: 11/25/2002) |
|
11/14/2002 |
105 |
CALENDAR ENTRY as to Amr I. Elgindy, Jeffrey A. Royer,
Troy M. Peters, Lynn Wingate ; Case called before Judge Raymond J. Dearie on
date of 11/14/02 for status conference. AUSA Ken Breen, Paul Schoeman,
Arthur Hui. Gerald Lefcourt for deft Elgindy, Larry Gerzog for deft Royer
not present, Gregory Vega via phone for deft Peters, Richard Tanner via
phone for deft Wingate. All defts were excused from conference. Attorneys
Gregory Vega and Richard Tanner permitted to appear via telephone. Defense
counsel Larry Gerzog failed to appear. Discovery issues discussed on record.
Court sets jury selection for 6/16/03 and trial to begin on 6/23/03. Next
status conference set for 12/4/02 at 3 PM. Court Reporter: Stephanie Drexler.
(Chee, Alvin) (Entered: 11/27/2002) |
|
11/20/2002 |
101 |
LETTER dated 11/15/02 from Lawrence Gerzog, Esq. to
Hon. Raymond Dearie requesting a modification in Mr. Royer's bail conditions
so that he may work to provide for his family. (Chee, Alvin) (Entered:
11/22/2002) |
|
11/20/2002 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Clerk to forward
Mr. Royer's request for permission to work to Pretrial for input and
recommendation. Endorsed on document #101. C/M by chambers. ( Signed by
Judge Raymond J. Dearie , on 11/20/02) (Chee, Alvin) (Entered: 11/22/2002) |
|
11/21/2002 |
104 |
LETTER dated 11/21/02 from AUSA Kenneth Breen to Hon.
Raymond Dearie to describe the govt's plan to voluntarily indentify the
false statements of the defts that were used to commit the crimes charged in
the indictment. (Chee, Alvin) (Entered: 11/26/2002) |
|
11/22/2002 |
103 |
LETTER dated 11/21/02 from AUSA Paul Schoeman to Gerald
Lefcourt, Esq. enclosing the defense set of audio tapes and CDs from Carroll
Audio. (Chee, Alvin) (Entered: 11/25/2002) |
|
11/27/2002 |
106 |
LETTER dated 11/27/02 from Samuel Noel, Paralegal
Specialist for the US Attorney's Office, to Gerald Lefcourt, Esq. enclosing
a copy set of the video tapes seized from deft Elgindy. The govt does not
consider these tapes to be Rule 16 discovery material. (Chee, Alvin)
(Entered: 12/02/2002) |
|
12/02/2002 |
112 |
LETTER dated 12/2/02 from Matthew Tyson to Hon. Raymond
Dearie requesting that the Court release funds to satisfy a judgment entered
against Mr. Elgindy in the San Diego County Superior Court. (Chee, Alvin)
(Entered: 12/19/2002) |
|
12/04/2002 |
107 |
NOTICE of sentencing as to Derrick W. Cleveland: Judge
Dearie will sentence the deft on 6/13/03 at 10 AM. The court has set the
following briefing schedule: defense submissions by 5/30/03; govt
submissions by 6/6/03. C/M by chambers. (signed Hon. Raymond Dearie,
12/4/02) (Chee, Alvin) (Entered: 12/05/2002) |
|
12/04/2002 |
110 |
CALENDAR ENTRY as to Amr I. Elgindy, Jeffrey A. Royer,
Troy M. Peters, Lynn Wingate; Case called before Judge Raymond J. Dearie on
date of 12/4/02 for stat conf. DFTS NOT PRESENT. AUSAs Ken Breen, Paul
Schoeman, and Arthur Hui present; Attys Gerald Lefcourt and Gary Becker
present for Amr Elgindy; Dana Fereby present for Jeffrey Royer (on behalf of
atty Larry Gerzog); Gregory Vega present via phone for Troy Peters; Rochard
Tanner present via phone for Lynn Wingate; Court Reporter Shelly Silverman.
All dfts were excused from conf. Attys Gregory Vega and Richard Tanner
permitted to appear via telephone. Discovery issues discussed on the record.
As to Dft Amr Elgindy only: Discussion held on record as the the "Monsanto
Issue". Court sets hearing for 1/8/03 at 10:00am. Stat conf as to Elgindy
only set for 1/6/03 at 10:30am. (Fahey, Lauren) (Entered: 12/11/2002) |
|
12/05/2002 |
108 |
ORDER directing the release of certain funds presently
held by the Clerk of Court as to Amr I. Elgindy: Within 4 business days of
the date of this order, the US Marshals Service shall release to Mary Faith
Elgindy, a 2001 Suzuki Grand Vitara, bearing VIN JS3TX92V414100376,
California license plate no. 4SYW793, which was seized by the US pursuant to
a warrant of arrest signed by MJ Go on 5/20/02 in case 02-cv-3002. Within 4
business days of the date of this order, the Clerk shall issue the following
checks drawn on the interest-bearing escrow account into which approximately
$525,000 was deposited pursuant to the Court's 9/13/02 order: a) check
payable to the "Clark County DA's Office in the amount of $8,565 in
connection with a debt owing from deft Elgindy to Bally's Las Vegas, with
copy to AUSA Arthur Hui. b) check payable to "American Suzuki Automotive
Credit," in the sum of $3,467.04. Further, pending further order of this
Court, on or before the 10th day of each month, beginnning on 12/10/02, the
Clerk of Court shall also issue a check payable to "American Suzuki
Automotive Credit," in the amount of $800.48 in payment of the monthly
amount due and owing the lienholder of the 2001 Suzuki Grand Vitara vehicle.
c) check payable to "Gerald Lefcourt, P.C. as attorneys for deft Elgindy,"
in the sum of $5,000, which sum shall only be used by the deft Elgindy and
his counsel to pay for costs relating to the production of discovery. C/M. (
Signed by Judge Raymond J. Dearie , on 12/5/02) (Chee, Alvin) (Entered:
12/06/2002) |
|
12/09/2002 |
109 |
INTER-OFFICE MEMO from PTS Officer Jeffrey Steimel to
Hon. Raymond Dearie dated 12/4/02 responding to the Court's request for
input and recommendation regarding a possible bail modification permitting
the deft to leave his residence for work. PTS believes the application
should be denied. (Chee, Alvin) (Entered: 12/09/2002) |
|
12/09/2002 |
|
ENDORSED ORDER as to Jeffrey A. Royer: No modification
of conditions at this time. Deft may re-apply after 2/1/03. Endorsed on page
2 of document #109. C/M. ( Signed by Judge Raymond J. Dearie , on 12/5/02) (Chee,
Alvin) (Entered: 12/09/2002) |
|
12/12/2002 |
111 |
SEALED DOCUMENT as to Amr I. Elgindy, Jeffrey A. Royer,
Troy M. Peters, Lynn Wingate containing transcript of status conference
before Judge Dearie on 12/4/02. (Chee, Alvin) (Entered: 12/12/2002) |
|
12/20/2002 |
113 |
LETTER dated 12/20/02 from AUSA Kenneth Breen to All
defense counsel enclosing a list of identified false and misleading
statements of the defts that were used to commit the crimes charged in the
indictment. (Chee, Alvin) (Entered: 12/24/2002) |
|
01/06/2003 |
115 |
CALENDAR ENTRY as to Amr I. Elgindy ; Case called
before Judge Raymond J. Dearie on date of 1/6/03 for stat conf. AUSAs Ken
Breen, Paul Schoeman, and Arthur Hui present; Dft present with attys Gerald
Lefcourt and Gary Becker; Recorded by ESR. Conf held on issue of funds.
Discussion held. Hearing on this issue scheduled for 1/8/03 at 10:00am.
Parties will try to resolve issue, they will notify court if they come to a
resolution before 1/8/03. (Fahey, Lauren) (Entered: 01/10/2003) |
|
01/07/2003 |
114 |
TRANSCRIPT of status conference before Hon. Raymond J.
Dearie filed in case as to Amr I. Elgindy for date of 1/6/03; Official
transcriber: Rosalie Lombardi. (Chee, Alvin) (Entered: 01/08/2003) |
|
01/08/2003 |
117 |
LETTER dated 1/8/03 from Matthew Tyson to Hon. Raymond
J. Dearie reiterating his previous request for the release of funds to
satisfy a judgment against Mr. Elgindy entered in Calfornia State Court. Mr.
Tyson requests that he be permitted to obtain a copy of any sealed
transcripts concerning the disposition of Elgindy's assets, subject to all
existing protective orders. (Chee, Alvin) (Entered: 01/15/2003) |
|
01/13/2003 |
116 |
STIPULATION and ORDER releasing certain assets to pay
for attorneys' fees and litigation costs of the deft Elgindy and certain
other properties: The US agrees to release the total sum of $1,000,000 as
set forth below, to counsel for deft Elgindy for the sole purpose of paying
attorneys' fees and litigation costs, including, but not limited to, costs
for expert witnesses and investigators incurred by deft Elgindy in this
criminal case, including litigation in the related civil forfeiture case
02-3002 (RJD). In consideration of the foregoing, the deft Elgindy agrees
not to seek the release of any additional funds to pay for attorneys' fees
and litigation costs, including, but not limited to, costs for expert
witnesses and investigators incurred by deft Elgindy in this criminal case
prior to 5/1/03. Thereafter, the deft may seek the release of additional
funds only in writing and only upon ten days' notice to counsel for the US.
See document for monies and properties to be released to counsel for deft
Elgindy in payment of the sum described above and for futher details. C/M. (
Signed by Judge Raymond J. Dearie , on 1/13/03) (Chee, Alvin) (Entered:
01/14/2003) |
|
01/24/2003 |
118 |
LETTER dated 1/23/03 from AUSA Paul Schoeman to Gerald
Lefcourt, Lawrence Gerzog, Gregory Vega, Richard Tanner, Esq. enclosing
additional discovery. (Chee, Alvin) (Entered: 01/29/2003) |
|
02/07/2003 |
119 |
Return of Service Executed: Type of process: Order
directing release of funds. Vehicle released to Mary Faith Elgindy on
12/9/02. (Chee, Alvin) (Entered: 02/10/2003) |
|
02/25/2003 |
120 |
CALENDAR ENTRY as to Amr I. Elgindy ; Case called
before Judge Raymond J. Dearie on date of 2/25/03 for status conference.
AUSA Paul Schoeman and Ken Breen, Gerald Lefcourt and Gary Becker for deft.
Discussion held. Next status conference set for 3/24/03 at 3:30 PM. All
counsel will be present. Court Reporter: ESR. (Chee, Alvin) Modified on
03/10/2003 (Entered: 02/26/2003) |
|
02/25/2003 |
122 |
LETTER dated 2/24/03 from Lawrence Gerzog, Esq. to Hon.
Raymond J. Dearie requesting a modification of deft Royer's bail condition
to allow him to seek employment. (Chee, Alvin) (Entered: 02/27/2003) |
|
02/25/2003 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Mr. Royer's
request for permission to seek employment referred to PTS for report and
recommendation; US Attorney submission, if any, by 3/5/03. Endorsed on
document #122. C/M by chambers. ( Signed by Judge Raymond J. Dearie , on
2/25/03) (Chee, Alvin) (Entered: 02/27/2003) |
|
02/27/2003 |
121 |
ORDER as to Amr I. Elgindy, Jeffrey A. Royer, Troy M.
Peters, Lynn Wingate. Criminal Scheduling Order a Status Conference will be
held on 3/24/03 @3:30 p.m. ( Signed by Judge Raymond J. Dearie , on 2/25/03)
(Gonzalez, Mary) (Entered: 02/27/2003) |
|
02/28/2003 |
123 |
Unsealed portion of the partially sealed TRANSCRIPT of
conference before Hon. Raymond J. Dearie filed in case as to Amr I. Elgindy
for date of 2/25/03 ; By Courthouse Transcription Service. (Chee, Alvin)
(Entered: 03/03/2003) |
|
03/05/2003 |
126 |
INTER-OFFICE MEMO from USPTS Officer Jeffrey Steimel to
Hon. Raymond J. Dearie dated 3/5/03 recommending the following: 1)
Conditions of release modified permitting the deft to seek employment
provided that the supervising officers are given at least 48 hours written
notice of any employment interview. The notice should contain the date and
time of the proposed interview, name, address and telephone of business,
person he will contact at the business, the approximate time of the
interview and the expected travel time to and from the interview. 2) Before
securing employment, the deft would be required first to obtain the Court's
permission to assure there is no conflict with any supervision or other
release condition. 3) The deft to only have contact with family members,
except for contact with customers and other related to his new employment
approved by the Court. Any and all contacts with any individuals/witnesses
related to the deft's case should continue to be performed by the deft's
attorney. 4) Deft's access to the internet, cell-phone and the deft's e-mail
use continue to be restricted whether at home or at work, preventing any
unmonitored/unauthorized conversations. However, this condition does not
prevent the deft from speaking to his attorney to discuss his case, or to
family members from his home telephone. (Chee, Alvin) (Entered: 03/11/2003) |
|
03/05/2003 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Proceed and
implement. PTS Officer Jeffrey Steimel's recommendation approved as follows:
1) Conditions of release modified permitting the deft to seek employment
provided that the supervising officers are given at least 48 hours written
notice of any employment interview. The notice should contain the date and
time of the proposed interview, name, address and telephone of business,
person he will contact at the business, the approximate time of the
interview and the expected travel time to and from the interview. 2) Before
securing employment, the deft would be required first to obtain the Court's
permission to assure there is no conflict with any supervision or other
release condition. 3) The deft to only have contact with family members,
except for contact with customers and other related to his new employment
approved by the Court. Any and all contacts with any individuals/witnesses
related to the deft's case should continue to be performed by the deft's
attorney. 4) Deft's access to the internet, cell-phone and the deft's e-mail
use continue to be restricted whether at home or at work, preventing any
unmonitored/unauthorized conversations. However, this condition does not
prevent the deft from speaking to his attorney to discuss his case, or to
family members from his home telephone. Endorsed on document #126. C/M by
chambers. ( Signed by Judge Raymond J. Dearie , on 3/5/03) (Chee, Alvin)
(Entered: 03/11/2003) |
|
03/07/2003 |
124 |
MEMORANDUM ORDER as to Amr I. Elgindy: The letters
submitted in support of the defense's belated claims of privilege do not, at
this point, satisfy their burden to establish the legitimacy of their
broadly-based and conclusory claims. To date, no responsive documents have
been tendered to the grand jury, despite the defense's apparent
acknowledgment that not all documents are privileged. No documents have been
submitted to the Court for in camera inspection. Accordingly, it is ordered
that documents not covered by a claim of privilege are to be tendered to the
grand jury immediately, and in any event, no later than 3/11/03. At the same
time, an appropriate privilege log must be served on the govt with specific
privilege assertions clearly indicated. Legitimate disputes that cannot be
resolved by the parties will be promptly brought to this Court's attention,
and the corresponding documents shall be simultaneously delivered to the
Court for in camera inspection. C/M. ( Signed by Judge Raymond J. Dearie ,
on 3/7/03) (Chee, Alvin) (Entered: 03/10/2003) |
|
03/07/2003 |
125 |
LETTER dated 3/6/03 from AUSA Kenneth Breen to Gerald
Lefcourt, Esq. informing counsel that the govt has not been able to locate a
Sony flat screen monitor that was seized pursuant to the search of Amr
Elgindy's business. (Chee, Alvin) (Entered: 03/11/2003) |
|
03/14/2003 |
130 |
LETTER dated 3/13/03 from AUSA Kenneth M. Breen to
Gerald B. Lefcourt responding to his 3/12/03 letter advising that the
discovery material 3/14/03 is expected 3/13/03. (Noh, Kenneth) (Entered:
03/17/2003) |
|
03/17/2003 |
127 |
MEMORANDUM ORDER as to Amr I. Elgindy, granting dft's
request to Travel but includes the provisos suggested by the govt that Mr.
Elgindy advise Pre-trial services of his precise itinerary, including a
phone number where he may be reached, and that he report to Pre-trial
Services each day by telephone. (Signed by Judge Raymond J. Dearie on
3/14/03). C/m. (Noh, Kenneth) (Entered: 03/17/2003) |
|
03/17/2003 |
128 |
LETTER dated 3/13/03 from AUSA Paul Schoeman & Kenneth
Breen to USDJ Raymond J. Dearie in response to dft Elgindy's letter dated
3/11/03 re: future travel requests and Amy Cutson. (Noh, Kenneth) (Entered:
03/17/2003) |
|
03/17/2003 |
129 |
LETTER dated 3/11/03 from Gerald B. Lefcourt to USDJ
Raymond J. Dearie requesting permission to travel. (Noh, Kenneth) (Entered:
03/17/2003) |
|
03/17/2003 |
131 |
LETTER dated 3/14/03 from AUSA Paul Schoeman to Hon.
Raymond J. Dearie advising the Court and the parties of the status of the
disclosure of confidential law enforcement information as part of the govt's
Rule 16 discovery. (Chee, Alvin) (Entered: 03/20/2003) |
|
03/18/2003 |
132 |
LETTER dated 3/17/03 from Kenneth M. Breen to Gerald
Lefcourt enclosing a copy of the second installment of confidential law
enforcement discovery material, which is Bates stamped CONFIDENTIAL
0179-0344. (Black, Amanda) (Entered: 03/24/2003) |
|
03/19/2003 |
133 |
LETTER dated 3/19/03 from Lawrence Gerzog, Esq. to Hon.
Raymond J. Dearie requesting that the Court approve deft's request to have
the US Marshal Service pay for deft Royer's plane tickets to attend the
3/24/03 status conference. (Chee, Alvin) (Entered: 03/25/2003) |
|
03/19/2003 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Application
approved. US Marshal to supply deft with a plane ticket to attend the
3/24/03 status conference. C/M. Endorsed on document #133. ( Signed by Judge
Raymond J. Dearie , on undated) (Chee, Alvin) (Entered: 03/25/2003) |
|
03/21/2003 |
138 |
CALENDAR ENTRY as to Amr I. Elgindy; Case called before
Judge Raymond J. Dearie on date of 3/21/03 for status conf. AUSA Kenneth
Breen & Paul Schoeman present. Defense counsel Gerald Lefcourt & Gary Becker
present without dft. CR: F. Guerino. Log material marked as exhibits 1 & 2
(sealed). Transcript sealed. (Noh, Kenneth) (Entered: 04/17/2003) |
|
03/24/2003 |
134 |
CALENDAR ENTRY as to Amr I. Elgindy, Jeffrey A. Royer,
Troy M. Peters, Lynn Wingate ; Case called before Judge Raymond J. Dearie on
date of 3/24/03 for status conference. AUSA Kenneth Breen and Paul Schoeman;
Gerald Lefcourt and Gary Becker for deft Elgindy, Larry Gerzog for deft
Royer, Greg Vega for deft Peters, Richard Tanner for deft Wingate.
Discussion held on record. Defense counsel informs Court that their position
is that the discovery stage is at a very slow pace. Court directs the AUSA
to send the Court a schedule of the tapes that the govt will hand over to
the defense by 3/31/03. AUSA reports to Court that they are considering
"refinement of charges"- superseding charges. Court sets new trial date for
1/12/04. Trial length is estimated at 4 weeks. Court sets next status
conference for 4/25/03 at 3 PM (Court will set motion schedule). As to deft
Royer only: Defense counsel hands up to Court a copy of a letter from
Williams Construction Contractors offering deft a job. Court: Defense
counsel is directed to contact the offices of PTS to get their input and
report back to the Court. Court Reporter: Anthony Mancuso. (Chee, Alvin)
(Entered: 03/27/2003) |
|
03/31/2003 |
135 |
LETTER dated 3/31/03 from AUSA Kenneth Breen to Hon.
Raymond J. Dearie describing the govt's efforts and timetable for providing
additional discovery to the defense. (Chee, Alvin) (Entered: 04/01/2003) |
|
04/02/2003 |
136 |
LETTER dated 4/1/03 from AUSA Kenneth Breen to All
defense counsel providing details of the market manipulation charged in the
indictment that does not necessarily involve the use of false statements. (Chee,
Alvin) (Entered: 04/04/2003) |
|
04/15/2003 |
137 |
LETTER dated 4/14/03 from AUSA Paul Schoeman to Counsel
enclosing the available draft transcripts of the Paul Brown audio tapes. (Chee,
Alvin) (Entered: 04/16/2003) |
|
04/24/2003 |
141 |
LETTER dated 4/24/03 from Gerald Lefcourt, Esq. to Hon.
Raymond J. Dearie addressing the continuing problems with the govt's
provision of discovery, and to respond to the govt's letter regarding
discovery, dated 3/31/03. (Chee, Alvin) (Entered: 04/29/2003) |
|
04/25/2003 |
139 |
MOTION by Amr I. Elgindy to dismiss indictment because
the venue of the charges does not properly lie in the EDNY, or
alternatively, transferring venue to the Southern District of California .
[139-1] motion. (Chee, Alvin) (Entered: 04/29/2003) |
|
04/25/2003 |
140 |
MEMORANDUM by Amr I. Elgindy in support of [139-1]
motion to dismiss indictment because the venue of the charges does not
properly lie in the EDNY, or alternatively, transferring venue to the
Southern District of California. (Chee, Alvin) (Entered: 04/29/2003) |
|
04/25/2003 |
142 |
CALENDAR ENTRY as to Amr I. Elgindy, Jeffrey A. Royer,
Troy M. Peters, Lynn Wingate ; Case called before Judge Raymond J. Dearie on
date of 4/25/03 for status conference. AUSA Kenneth Breen and Paul Schoeman;
Gerald Lefcourt and Gary Becker for deft Elgindy, Larry Gerzog for deft
Royer, Gerald Lefcourt for Greg Vega for deft Peters, Richard Tanner for
deft Wingate. All defts have been excused from appearing at this conference.
Mr. Lefcourt informs Court that an emergency arose for Mr. Vega who could
not attend today's conference and has asked Mr. Lefcourt to cover for him.
Court approves. Defense counsel Mr. Lefcourt informs Court that he will file
a motion to change venue. All defense counsel join in the motion but for Mr.
Tanner who represents deft Lynn Wingate. Court sets the following briefing
schedule: Govt response by 5/12/03. Defense reply by 5/19/03. Next status
conference scheduled for 5/27/03 at 2:30 PM. Court Reporter: Burt Sulzer. (Chee,
Alvin) (Entered: 04/30/2003) |
|
04/29/2003 |
143 |
LETTER dated 4/25/03 from Richard Tanner, Esq. to PTS
Officer Amina Adossa-Ali confirming deft Wingate's request for permission to
travel from Florida to North Carolina from 4/30/03 to 5/4/03. (Chee, Alvin)
(Entered: 05/02/2003) |
|
04/29/2003 |
|
ENDORSED ORDER as to Lynn Wingate: Request to travel
from Florida to North Carolina from 4/30/03 to 5/4/03 granted. Endorsed on
document #143. C/M. ( Signed by Judge Raymond J. Dearie , on 4/29/03) (Chee,
Alvin) (Entered: 05/02/2003) |
|
05/12/2003 |
144 |
Letter dated 5/12/03 from Lawrence Gerzog, Esq. to Hon.
Raymond J. Dearie requesting that the Court approve Mr. Royer's request to
begin employment at the Coach's Mother for 25 hours per week. (Chee, Alvin)
(Entered: 05/14/2003) |
|
05/12/2003 |
145 |
Memo of Law by US in Opposition to deft Amr I.
Elgindy's [139] Motion to Dismiss for lack of venue or to transfer venue. (Chee,
Alvin) (Entered: 05/15/2003) |
|
05/12/2003 |
146 |
Interoffice Memorandum from PTS Officer Taia Givens to
Hon. Raymond J. Dearie dated 5/2/03 regarding PTS' input and recommendation
regarding a possible bail modification permitting deft Royer to leave his
residence for work. (Chee, Alvin) (Entered: 05/15/2003) |
|
05/12/2003 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Deft Royer's
request for permission to leave his residence for work approved as
recommended by PTS. Endorsed on document #146. C/M. Signed by Judge Raymond
J. Dearie on 5/12/03. (Chee, Alvin) (Entered: 05/15/2003) |
|
05/20/2003 |
147 |
Deft Troy M. Peters' reply to the Govt's opposition to
motion to dismiss for lack of venue or to transfer venue to the Southern
District of California. (Chee, Alvin) (Entered: 05/21/2003) |
|
05/27/2003 |
150 |
Minute Entry for proceedings held before Raymond J.
Dearie :Status Conference as to Jeffrey A. Royer, Troy M. Peters, Lynn
Wingate, Amr I. Elgindy held on 5/27/2003. AUSA Ken Breen, Paul Schoeman,
Arthur Hui. Gerald Lefcourt and Gary Becker for deft Elgindy, Larry Gerzog
for deft Royer, Gregory Vega for deft Peters, Richard Tanner for deft
Wingate. AUSA reports to Court on the status of the redaction of the tapes.
Motion for change of venue argued. Argument heard, decision reserved.
Counsel Mr. Vega on behalf of deft Troy Peter discusses the possibility of a
motion for severance and the possibility that his client may apply to Court
for CJA counsel due to his financial situation. Next conference scheduled
for 6/30/03 at 3 PM. (Court Reporter : ESR.) (Chee, Alvin) (Entered:
06/05/2003) |
|
06/02/2003 |
148 |
Application to Substitute Real Property by Derrick W.
Cleveland. (Chee, Alvin) (Entered: 06/02/2003) |
|
06/02/2003 |
149 |
ORDER for Release and Substitution as to Derrick W.
Cleveland: Ordered that the lien in favor of the US Govt in the above
captioned case, which said lien relates to Pledge of Real Property filed at
Book 2583, Page 491 in the Office of the Canadian County Clerk, State of
Oklahoma (Lot 4, Block 52, Surrey Hills No. 6 Addition to the City of Yukon,
Canadian County, State of Oklahoma a/k/a 11213 N.W. 110th Street, Yukon,
Oklahoma), is hereby released. C/M . Signed by Judge Raymond J. Dearie on
5/28/03. (Chee, Alvin) (Entered: 06/02/2003) |
|
06/05/2003 |
151 |
Letter dated 6/5/03 from AUSA Kenneth M. Breen to USDJ
Raymond J. Dearie requesting that the dft's sentencing be adjourned from
6/13/03 to March 2004. (Noh, Kenneth) (Entered: 06/06/2003) |
|
06/05/2003 |
|
Letter dated 6/5/03 from judgement creditor Matthew
Tyson to Judges Dearie and Go requesting permission to conduct a debtor
examination of Mr. Elgindy in San Diego. This is document #36 in 02-cv-3002
(RJD). (Chee, Alvin) (Entered: 06/20/2003) |
|
06/11/2003 |
153 |
Letter dated 6/11/03 from Richard Tanner, Esq. to Hon.
Raymond J. Dearie requesting permission for deft Wingate to travel to
Kentucky from 6/16/03 to 6/22/03. (Chee, Alvin) (Entered: 06/25/2003) |
|
06/11/2003 |
|
ENDORSED ORDER as to Lynn Wingate: Application for deft
to travel to Kentucky from 6/16/03 to 6/22/03 granted. Endorsed on document
#153 . Signed by Judge Raymond J. Dearie on 6/11/03. (Chee, Alvin) (Entered:
06/25/2003) |
|
06/20/2003 |
|
ORDER as to Amr I. Elgindy: The Court is in receipt of
Mr. Matthew Tyson's letter dated 6/5/03. If Mr. Elgindy is ordered by the
San Diego Superior Court to appear for a debtor examination, this Court will
authorize his appearance at such proceeding, pending written notification of
and approval from PTS. Regarding Mr. Tyson's arguments concerning the sale
of vehicles held in the civil forfeiture action, the Court invites comment
from the Govt and counsel for Mr. Elgindy. This is document #38 in
02-cv-3002 (RJD). C/M. Signed by Judge Raymond J. Dearie on 6/17/03. (Chee,
Alvin) (Entered: 06/20/2003) |
|
06/20/2003 |
152 |
SCHEDULING ORDER as to Jeffrey A. Royer, Troy M.
Peters, Lynn Wingate, Amr I. Elgindy: A status conference will be held on
6/30/03 at 3 PM. C/M by chambers . Signed by Judge Raymond J. Dearie on
6/19/03. (Chee, Alvin) (Entered: 06/20/2003) |
|
06/30/2003 |
154 |
ORDER as to Jonathan Daws: Ordered that the superseding
indictment and the arrest warrant for the deft Jonathan Daws be unsealed by
the Clerk of Court . Signed by Judge Raymond J. Dearie on 6/30/03. (Chee,
Alvin) (Entered: 07/01/2003) |
|
06/30/2003 |
155 |
Arrest Warrant Issued by Steven M. Gold as to Jonathan
Daws. (Chee, Alvin) (Entered: 07/01/2003) |
|
06/30/2003 |
156 |
SUPERSEDING INDICTMENT as to Amr I. Elgindy (1) count(s)
1s, 2s, 3s-9s, 10s-12s, 13s, 14s, 16s-33s, Jeffrey A. Royer (2) count(s) 1s,
2s, 3s-9s, 10s-12s, 13s, 14s, 15s, Troy M. Peters (4) count(s) 1s, 2s,
8s-9s, 10s-12s, Lynn Wingate (5) count(s) 1s, 2s, 13s, 14s, Jonathan Daws
(6) count(s) 1, 2, 3-9, 11. (Chee, Alvin) (Entered: 07/01/2003) |
|
06/30/2003 |
157 |
Letter dated 6/30/03 from Gerald Lefcourt, Esq. to Hon.
Raymond J. Dearie requesting permission for deft Elgindy to travel to San
Francisco from 6/30/03 to 7/4/03 and to Florida from 7/5/03 to 7/13/03. (Chee,
Alvin) (Entered: 07/03/2003) |
|
06/30/2003 |
|
ENDORSED ORDER as to Amr I. Elgindy: Request approved.
Deft given permission to travel to San Francisco from 6/30/03 to 7/4/03 and
to Florida from 7/5/03 to 7/13/03. Endorsed on document #157. C/M by
chambers . Signed by Judge Raymond J. Dearie on 6/30/03. (Chee, Alvin)
(Entered: 07/03/2003) |
|
06/30/2003 |
158 |
Minute Entry for proceedings held before Raymond J.
Dearie :Arraignment as to Jonathan Daws (6) Count 1,2,3-9,11 held on
6/30/2003, Status Conference as to Jonathan Daws, Jeffrey A. Royer, Troy M.
Peters, Lynn Wingate, Amr I. Elgindy held on 6/30/2003. AUSA Ken Breen, Paul
Schoeman, Gerald Lefcourt and Gary Becker for deft Elgindy (present via
phone), Larry Gerzog for deft Royer (not present), Gregory Vega for deft
Peters (not present), Richard Tanner for deft Wingate (not present), James
Benjamin for deft Daws (present on bond). AUSA hands up to Court a
superseding indictment that was returned on 6/27/03 and sealed. AUSA informs
Court and counsel that the superseding indictment was unsealed by the Court
earlier today and that all counsel were given a copy of the indictment. New
deft added to case: Jonathan Daws. Deft Daws arraigned on the indictment.
Deft waives reading of the indictment and enters a plea of not guilty. Deft
released on the following bond: $500,000 PRB secured by property owned by
deft in Dallas Texas and by property owned by deft's parents in Tennessee.
Conditions as follows: Deft will reside in Dallas Texas. Travel restricted
to Dallas Texas and travel to the EDNY for Court appearances and travel to
SDNY to meet with counsel with prior notice to PTS. Deft to surrender
passport today. Deft to report to PTS once per week by phone. Deft to
surrender all guns he owns as directed by the Pre Trial Officer. Bond
executed. Deft released. Court: Other defts need to be arrainged on the
superseding indictment. If counsel wish to waive the appearance of their
clients, that needs to be done in writing. Attorneys are directed to advise
Court. Court sets the following motion schedule: Defense motions due 9/3/03;
govt response due 9/30/03. Oral argument set for 10/9/03 at 4 PM. (Court
Reporter : Gene Rudolph.) (Chee, Alvin) (Entered: 07/03/2003) |
|
06/30/2003 |
159 |
$500,000 PRB Bond as to Jonathan Daws: Conditions as
follows: Deft will reside in Dallas Texas. Travel restricted to Dallas Texas
and travel to the EDNY for Court appearances and travel to SDNY to meet with
counsel with prior notice to PTS. Deft to surrender passport today. Deft to
report to PTS once per week by phone. Deft to surrender all guns he owns as
directed by the Pre Trial Officer. Signed Judge Raymond J. Dearie, 6/30/03.
(Chee, Alvin) (Entered: 07/03/2003) |
|
06/30/2003 |
160 |
NOTICE OF ATTORNEY APPEARANCE: James J. Benjamin JR.
appearing for Jonathan Daws. (Chee, Alvin) (Entered: 07/07/2003) |
|
07/02/2003 |
161 |
BRIEFING SCHEDULE as to Jonathan Daws, Jeffrey A.
Royer, Troy M. Peters, Lynn Wingate, Amr I. Elgindy: The Court has set the
following briefing schedule: Defense motions due 9/3/03, govt response due
9/30/03. Oral argument scheduled for 10/9/03 at 4 PM. C/M by chambers .
Signed by Judge Raymond J. Dearie on 7/2/03. (Chee, Alvin) (Entered:
07/07/2003) |
|
07/09/2003 |
162 |
Letter dated 7/8/03 from AUSA Kenneth Breen to James
Benjamin, Esq. in response to counsel's 7/3/03 letter regarding discovery. (Chee,
Alvin) (Entered: 07/14/2003) |
|
07/28/2003 |
163 |
Bond received from Western District of Tennessee
co-signed by dft Daws' parents. (with same conditions as doc. 159) (Nieves,
Adrian) (Entered: 07/28/2003) |
|
07/29/2003 |
168 |
Letter dated 7/29/03 from Richard Tanner, Esq. to Hon.
Raymond J. Dearie confirming request for deft Wingate to travel from Florida
to NY and Vermont from 8/2/03 to 8/15/03 in connection with her employment.
(Chee, Alvin) (Entered: 08/19/2003) |
|
08/05/2003 |
164 |
Letter dated 8/4/03 from AUSA Kenneth M. Breen to James
J. Benjamin, Jr. responding to the 7/31/03 letter for specific discovery
requests. (Nieves, Adrian) (Entered: 08/07/2003) |
|
08/12/2003 |
165 |
Letter dated 8/12/03 from AUSA Kenneth Breen to Hon.
Raymond J. Dearie in response to deft Daws' letter dated 8/8/03 requesting
an adjournment of the motions schedule until November 2003 and an
adjournment of the trial date until May 2004. The Govt consents to a short
adjournment of the motions schedule but opposes the request for a lenghty
adjournment. (Chee, Alvin) (Entered: 08/18/2003) |
|
08/12/2003 |
166 |
Letter dated 8/12/03 from James Benjamin, Esq. to Hon.
Raymond J. Dearie in response to the govt's letter dated 8/12/03 opposing
deft's request for an adjournment of motions and the trial. (Chee, Alvin)
(Entered: 08/18/2003) |
|
08/14/2003 |
167 |
Letter dated 7/30/03 from Joel Isaacson, Esq. to Hon.
Raymond J. Dearie advising the Court that he has been retained to represent
deft Elgindy in place of previous counsel Gerald Lefcourt. (Chee, Alvin)
(Entered: 08/18/2003) |
|
08/14/2003 |
|
ENDORSED ORDER as to Amr I. Elgindy: Mr. Isaacson is
directed to file notice of appearance. Endorsed on document #167. C/M .
Signed by Judge Raymond J. Dearie on 8/14/03. (Chee, Alvin) (Entered:
08/18/2003) |
|
08/14/2003 |
|
Attorney update in case as to Amr I. Elgindy. Attorney
Joel R. Isaacson for Amr I. Elgindy added. Attorney Gerald B. Lefcourt
terminated. (Chee, Alvin) (Entered: 08/18/2003) |
|
08/27/2003 |
169 |
Substitution of Attorney. Joel R. Isaacson, Esq.
substituting Gerald B. Lefcourt, Esq. Joel R. Isaacson concurrently herewith
filing Pro Hac Vice Motion, sponsoring affidavit and certificate of
goodstanding for admission into the Eastern District of New York. (Nieves,
Adrian) (Entered: 08/27/2003) |
|
08/27/2003 |
170 |
ORDER as to Jonathan Daws: By letter dated 8/8/03,
counsel for deft Jon Daws requested a two month adjournment of the pre-trial
motion schedule as well as a four month adjournment of the trial date. The
Govt responded to this letter on 8/12/03, agreeing to a modest adjournment
of the motion schedule, but not of the trial schedule. Upon review of the
letters, the Court authorizes an adjournment of the motion schedule but not
of the trial schedule. Defts' motions are now due on Wednesday, 9/24/03, and
the Govt's reply is due on Tuesday, 10/21/03. The new oral argument date is
Friday, 11/21/03 at 2 PM. C/M . Signed by Judge Raymond J. Dearie on
8/27/03. (Chee, Alvin) (Entered: 08/29/2003) |
|
08/29/2003 |
171 |
NOTICE OF ATTORNEY APPEARANCE: Richard B. Zabel
appearing for Jonathan Daws. (Chee, Alvin) (Entered: 09/05/2003) |
|
08/29/2003 |
172 |
Letter dated 8/29/03 from AUSA Kenneth Breen to All
defense counsel enclosing a new set of the confidential discovery documents
numbered A Confidential 0001 through A Confidential 1407. (Chee, Alvin)
(Entered: 09/05/2003) |
|
09/03/2003 |
174 |
Letter dated 9/2/03 from AUSA Kenneth Breen to all
defense counsel stating that the govt intends to ask the Court to execute a
protective order with regard to the confidential discovery material that was
obtained by the defts from the Securities and Exchange Commission. (Chee,
Alvin) (Entered: 09/11/2003) |
|
09/03/2003 |
175 |
NOTICE OF ATTORNEY APPEARANCE: Joel R. Isaacson
appearing for Amr I. Elgindy. (Chee, Alvin) (Entered: 09/12/2003) |
|
09/04/2003 |
173 |
Minute Entry for proceedings held before Raymond J.
Dearie :Status Conference as to Jeffrey A. Royer held on 9/4/2003. AUSA
Kenneth Breen and Seth Levine, Larry Gerzog for deft. PTS Officers Jeffrey
Steimel, Andrew Prozeller, and Desiree Melendez also present. Case called
for status conference regarding memo from PTS- violation of conditions of
release. Deft present via telephone. Discussion held. Court: New bond
conditions will be issued by the Court in consultation with PTS and the
input of counsel. (Court Reporter : Shelly Silverman) (Chee, Alvin)
(Entered: 09/08/2003) |
|
09/18/2003 |
176 |
ORDER regarding Confidentiality pursuant to Rules
16(d)(1) and 57 of the FRCrP as to Jonathan Daws, Jeffrey A. Royer, Troy M.
Peters, Lynn Wingate, Amr I. Elgindy. C/M . Signed by Judge Raymond J.
Dearie on 9/18/03. (Chee, Alvin) (Entered: 09/22/2003) |
|
09/24/2003 |
189 |
Letter dated 9/24/03 from Lawrence Gerzog, Esq. to Hon.
Raymond J. Dearie requesting permission for deft Royer to work for Campbell
Ranches from Monday through Saturday, Royer Management on Sunday, permission
to communicate with anyone on employment related matters, permission to use
a cell phone, email and internet. (Chee, Alvin) (Entered: 11/13/2003) |
|
09/24/2003 |
195 |
MOTION to Dismiss by Jonathan Daws. (Pre-trial
motions). (Chee, Alvin) (Entered: 11/24/2003) |
|
09/24/2003 |
196 |
Memorandum of Law in Support of deft Daws' [195]
pre-trial motions. (Chee, Alvin) (Entered: 11/24/2003) |
|
09/24/2003 |
197 |
Compendium of unreported authorities re [195] MOTION to
Dismiss. (Chee, Alvin) (Entered: 11/24/2003) |
|
09/24/2003 |
199 |
MOTION to Dismiss counts one through 13 of the first
superseding indictment on due process grounds (entrapment by estoppel)
by Amr I. Elgindy. (Chee, Alvin) (Entered: 11/26/2003) |
|
09/24/2003 |
200 |
MOTION to Sever Defendant from the trial of co-deft
Jeffery Royer; Memorandum of law in support attached by Amr I. Elgindy.
(Chee, Alvin) (Entered: 11/26/2003) |
|
09/24/2003 |
201 |
MOTION for Joinder to join deft Daws' pretrial
motions by Amr I. Elgindy. (Chee, Alvin) (Entered: 11/26/2003) |
|
09/24/2003 |
202 |
Rule 12.3 Notice of Intent to Rely on the Defense of
Entrapment by Estoppel by Anthony Elgindy. (Chee, Alvin) (Entered:
11/26/2003) |
|
09/24/2003 |
203 |
Notification of Deft Elgindy's Legal Change of Name
from Amr Eldingy to Anthony Elgindy. (Chee, Alvin) (Entered: 11/26/2003) |
|
09/24/2003 |
204 |
MOTION to Dismiss counts eleven and twelve for lack
of venue, or in the alternative, to dismiss for failing to state a claim
under the Sixth Amendment by Troy M. Peters. (Chee, Alvin) (Entered:
11/26/2003) |
|
09/24/2003 |
205 |
MOTION for Bill of Particulars pursuant to FRCrP
7(f) by Troy M. Peters. (Chee, Alvin) (Entered: 11/26/2003) |
|
09/24/2003 |
206 |
MOTION to Sever Defendant from the trial of codefts
Amr Elgindy, Jeffery Royer, Lynn Wingate and Jonathan Daws by Troy M.
Peters. (Chee, Alvin) (Entered: 11/26/2003) |
|
09/24/2003 |
207 |
Deft Peters' Memorandum of Law in Support of [205]
MOTION for Bill of Particulars. (Chee, Alvin) (Entered: 11/26/2003) |
|
09/24/2003 |
208 |
Deft Peters' memorandum of law in Support of [206]
MOTION to Sever Defendant from the trial of codefts Amr Elgindy, Jeffery
Royer, Lynn Wingate and Jonathan Daws. (Chee, Alvin) (Entered: 12/01/2003) |
|
09/24/2003 |
209 |
Deft Peters' memorandum in Support of [204] MOTION to
Dismiss counts eleven and twelve for lack of venue, or in the alternative,
to dismiss for failing to state a claim under the Sixth Amendment. (Chee,
Alvin) (Entered: 12/01/2003) |
|
10/01/2003 |
210 |
MOTION to Sever Defendant by Lynn Wingate. (Chee,
Alvin) (Entered: 12/01/2003) |
|
10/01/2003 |
211 |
MOTION for Bill of Particulars by Lynn Wingate. (Chee,
Alvin) (Entered: 12/01/2003) |
|
10/03/2003 |
177 |
Letter dated 9/30/03 from Lawrence Gerzog, Esq. to Hon.
Raymond J. Dearie as deft Royer's motion to disqualify AUSA Kenneth Breen as
counsel for the govt pursuant to the "attorney witness" rule of the Lawyer's
Code of Professional Responsibility. (Chee, Alvin) (Entered: 10/07/2003) |
|
10/03/2003 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Govt to respond
in writing to deft Royer's motion to disqualify by 10/14/03. Endorsed on
document #177. Copies faxed by chambers. Signed by Judge Raymond J. Dearie
on 10/3/03. (Chee, Alvin) (Entered: 10/07/2003) |
|
10/03/2003 |
212 |
MOTION for Joinder to join deft Peters' motion for a
Bill of Particulars and motion to dismiss counts eleven and twelve by
Amr I. Elgindy. (Chee, Alvin) (Entered: 12/01/2003) |
|
10/06/2003 |
190 |
Interoffice Memorandum as to Jeffrey A. Royer from PTS
Officer Desiree Melendez to Hon. Raymond J. Dearie dated 10/6/03 regarding
defense counsel's application dated 9/24/03 seeking modification of release
conditions. (Chee, Alvin) (Entered: 11/13/2003) |
|
10/06/2003 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Approved. Sunday
work authorized. Cell phone and internet approved for business only.
Endorsed on document #190. C/M by chambers. Signed by Judge Raymond J.
Dearie on undated. (Chee, Alvin) (Entered: 11/13/2003) |
|
10/07/2003 |
178 |
Letter dated 10/3/03 from AUSA Seth Levine to Hon.
Raymond J. Dearie responding to deft Royer's 9/30/03 letter-motion seeking
the disqualification of AUSA Kenenth Breen as trial counsel. The Govt
requests that the Court direct Royer to submit a detailed sworn affidavit
concerning the factual basis for his motion and his intended testimony. (Chee,
Alvin) (Entered: 10/08/2003) |
|
10/08/2003 |
179 |
TRANSCRIPT of status conference before Hon. Raymond J.
Dearie as to Jonathan Daws, Jeffrey A. Royer, Troy M. Peters, Lynn Wingate,
Amr I. Elgindy for date of 6/30/03; Court Reporter: Gene Rudolph. (Chee,
Alvin) (Entered: 10/08/2003) |
|
10/15/2003 |
180 |
Letter dated 10/14/03 from AUSA Seth Levine to Hon.
Raymond J. Dearie supplementing the govt's 10/3/03 response to deft Royer's
application seeking the disqualification of AUSA Kenneth Breen as trial
counsel. (Chee, Alvin) (Entered: 10/16/2003) |
|
10/21/2003 |
198 |
United States' Memorandum of Law in Opposition to the
defts' [195] pre-trial motions. (Chee, Alvin) (Entered: 11/24/2003) |
|
10/24/2003 |
181 |
Rule 12.3 Supplemental Notice of Intent to Rely on
Public Authority Defense by Amr I. Elgindy. (Chee, Alvin) (Entered:
10/29/2003) |
|
10/24/2003 |
182 |
NOTICE of Motion by deft Amr I. Elgindy Adopting Motion
and Memoranda of Co-Defts. (Chee, Alvin) (Entered: 10/29/2003) |
|
10/28/2003 |
183 |
Letter dated 10/28/03 from AUSA Kenneth Breen to James
Benjamin, Esq. in response to the 10/23/03 discovery letter. (Chee, Alvin)
(Entered: 10/31/2003) |
|
10/30/2003 |
191 |
Letter dated 10/30/03 from Gregory Vega, Esq. to Hon.
Raymond J. Dearie requesting that the Court sign the proposed order to
release and reconvey property securing bond. (Chee, Alvin) (Entered:
11/17/2003) |
|
11/04/2003 |
184 |
United States' Response to Deft Elgindy's Supplemental
Notice Pursuant to Federal Rule of Criminal Procedure 12.3 Concerning the
Assertion of a Public Authority Defense. (Chee, Alvin) (Entered: 11/04/2003) |
|
11/05/2003 |
185 |
Letter dated 11/5/03 from Angela Green, USAO Paralegal
Specialist, to Kathy Carroll of Carroll Audio Services, enclosing videotapes
numbered 67 through 76 to be held for copying by defense counsel. (Chee,
Alvin) (Entered: 11/07/2003) |
|
11/05/2003 |
187 |
Letter dated 11/5/03 from James Benjamin, Esq. to Hon.
Raymond J. Dearie requesting permission for deft Daws to travel to Norfolk
Virginia from 11/26/03 to 11/29/03 for the Thanksgiving holiday. (Chee,
Alvin) (Entered: 11/07/2003) |
|
11/05/2003 |
|
ENDORSED ORDER as to Jonathan Daws: Deft's request to
travel to Virginia from 11/26/03 to 11/29/03 approved upon prior
notification to Pretrial. Endorsed on document #187. C/M . Signed by Judge
Raymond J. Dearie on 11/5/03. (Chee, Alvin) (Entered: 11/07/2003) |
|
11/06/2003 |
186 |
Letter dated 11/6/03 from Angela Green, USAO Paralegal
Specialist, to all defense counsel enclosing one set of the confidential
discovery documents numbered A Confidential 1408 through A Confidential
1638; one set of the confidential documents numbered SEC Confidential 388 -
SEC Confidential 518; miscellaneous CD's 7 and 8. (Chee, Alvin) (Entered:
11/07/2003) |
|
11/06/2003 |
188 |
Letter dated 11/6/03 from AUSA Seth Levine to Hon.
Raymond J. Dearie in opposition to deft Elgindy's 10/20/03 motion joining in
deft Royer's application seeking the disqualification of AUSA Kenneth Breen
as trial counsel. (Chee, Alvin) (Entered: 11/10/2003) |
|
11/12/2003 |
213 |
Deft Elgindy's reply to the govt's opposition to deft's
motions. (Chee, Alvin) (Entered: 12/01/2003) |
|
11/12/2003 |
214 |
Reply memorandum in further Support of Jonathan Daws'
[195] pre-trial motions. (Chee, Alvin) (Entered: 12/01/2003) |
|
11/12/2003 |
215 |
Supplemental affirmation of James Benjamin, Esq. in
further support of deft Daws' [195] pre-trial motions. (Chee, Alvin)
(Entered: 12/01/2003) |
|
11/13/2003 |
192 |
ORDER to Release and Reconvey Property Securing Bond as
to Troy M. Peters: Ordered that the deed of trust in the amount of $100,000
to the USA, recorded on 5/24/02, as instrument number 20002-0443927 to
secure bond in this case, on 739 Pebble Beach Drive may be released and
exonerated as bond. It is further ordered that the deed of trust on 739
Pebble Beach Drive may be reconveyed and that the reconveyance may be
recorded. A new deed of trust in the amount of $200,000 to the USA on 433
East Bougainvillea shall be filed and recorded with the Los Angeles County
Recorder's Office to fully secure the bond in this case. C/M . Signed by
Judge Raymond J. Dearie on 11/13/03. (Chee, Alvin) (Entered: 11/17/2003) |
|
11/17/2003 |
193 |
Letter dated 11/14/03 from Lawrence Gerzog, Esq. to
Hon. Raymond J. Dearie requesting permission for deft Royer to travel from
Colorado on 11/18/03 to 11/26/03 to meet with counsel and attend the
11/21/03 status conference. (Chee, Alvin) (Entered: 11/19/2003) |
|
11/17/2003 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Travel
authorized as per customary practice. Endorsed on document #193. Copies
faxed by chambers. Signed by Judge Raymond J. Dearie on 11/17/03. (Chee,
Alvin) (Entered: 11/19/2003) |
|
11/17/2003 |
216 |
Letter dated 11/17/03 from James Benjamin, Esq. to Hon.
Raymond J. Dearie requesting an adjournment of the 1/12/04 trial date. (Chee,
Alvin) (Entered: 12/01/2003) |
|
11/18/2003 |
217 |
Letter dated 11/18/03 from AUSA Seth Levine to Hon.
Raymond J. Dearie providing the Court with supplemental authorities relevant
to the market manipulation issues. (Chee, Alvin) (Entered: 12/01/2003) |
|
11/19/2003 |
194 |
ORDER Modifying Bail Condition as to Amr I. Elgindy:
Mr. Elgindy's bail conditions are modified to permit him to travel to
Chicago on 11/24/03 through 11/28/03 for the Thanksgiving holiday. C/M by
chambers . Signed by Judge Raymond J. Dearie on 11/19/03. (Chee, Alvin)
(Entered: 11/20/2003) |
|
11/21/2003 |
221 |
Minute Entry for proceedings held before Raymond J.
Dearie:Oral Argument as to Jonathan Daws, Jeffrey A. Royer, Troy M. Peters,
Lynn Wingate, Amr I. Elgindy held on 11/21/2003. AUSA Kenneth Breen and Seth
Levine, counsel for defts present. Argument heard. Court will render
decision shortly. (Court Reporter: Stephanie Drexler.) (Chee, Alvin)
(Entered: 12/10/2003) |
|
11/24/2003 |
218 |
Letter dated 11/24/03 from James Benjamin, Esq. to Hon.
Raymond J. Dearie proposing that the trial date in this case for all defts
be adjourned until 9/7/04. (Chee, Alvin) (Entered: 12/03/2003) |
|
11/25/2003 |
219 |
Letter dated 11/25/03 from James Benjamin, Esq. to Hon.
Raymond J. Dearie in response to the govt's letter dated 11/18/03 regarding
market manipulation issues. (Chee, Alvin) (Entered: 12/03/2003) |
|
12/08/2003 |
220 |
Letter dated 12/8/03 from AUSA Kenneth Breen to Hon.
Raymond J. Dearie providing additional information pertinant to the defts'
motion to adjourn the trial date until September 2004. In order to provide
the Court with additional flexibility to schedule the trial between May and
July of 2004, the govt is prepared to reassign the matter before Judge
Wexler to another prosecutor in the office. (Chee, Alvin) (Entered:
12/09/2003) |
|
12/16/2003 |
222 |
Letter dated 12/16/03 from Angela Green, USAO Paralegal
Specialist, to all defense counsel furnishing additional discovery. (Chee,
Alvin) (Entered: 12/18/2003) |
|
12/23/2003 |
223 |
Letter dated 12/23/03 from AUSA Seth Levine to Hon.
Raymond J. Dearie requesting that defts Royer's and Elgindy's motions to
disqualify AUSA Kenneth Breen be denied. (Chee, Alvin) (Entered: 12/29/2003) |
|
12/23/2003 |
224 |
Letter dated 12/22/03 from Lawrence Gerzog, Esq. to
Hon. Raymond J. Dearie requesting permission for deft Royer to travel to
Denver from 12/26/03 to 1/4/04. (Chee, Alvin) (Entered: 12/31/2003) |
|
12/23/2003 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Application to
travel to Denver from 12/26/03 to 1/4/04 granted. AUSA was contacted by
Court and consents to travel. Pre-trial consents. Endorsed on document #224.
C/M by chambers. Signed by Judge Raymond J. Dearie on 12/23/03. (Chee,
Alvin) (Entered: 12/31/2003) |
|
01/08/2004 |
225 |
ORDER as to Amr I. Elgindy, Jeffrey A. Royer, Derrick
W. Cleveland, Troy M. Peters, Lynn Wingate, Jonathan Daws: In light of
futher developments in the Court's calendar and based upon the
representations of counsel, the Court is accelerating the trial date. Jury
selection will begin on 6/1/04, with the trial to immediately follow.
Certificates of engagement will be issued upon request. C/M . Signed by
Judge Raymond J. Dearie on 1/8/04. (Chee, Alvin) (Entered: 01/09/2004) |
|
01/08/2004 |
226 |
Letter dated 1/7/04 from Angela Green, Paralegal
Specialist US Attorney's Office, to all defense counsel furnishing
additional discovery. (Chee, Alvin) (Entered: 01/12/2004) |
|
01/09/2004 |
227 |
Letter dated 1/9/04 from Angela Green, Paralegal
Specialist US Attorney's Office, to First Choice Copy Center enclosing one
box of FBI confidential documents labeled Confidential (A Series) 2036-3673
for copying by defense counsel. (Chee, Alvin) (Entered: 01/15/2004) |
|
01/15/2004 |
228 |
Letter dated 1/13/04 from James Benjamin, Esq. to Hon.
Raymond J. Dearie requesting permission for deft Daws to travel to Jackson
Hole, Wyoming from 2/16/04 to 2/21/04. (Chee, Alvin) (Entered: 01/20/2004) |
|
01/15/2004 |
|
ENDORSED ORDER as to Jonathan Daws: Deft's request to
travel to Jackson Hole, Wyoming from 2/16/04 to 2/21/04 granted. Endorsed on
document #228. C/M. Signed by Judge Raymond J. Dearie on 1/15/04. (Chee,
Alvin) (Entered: 01/20/2004) |
|
01/23/2004 |
229 |
Letter dated 1/22/04 from Lawrence Gerzog, Esq. to Hon.
Raymond J. Dearie requesting permission for deft Royer to attend church
services on Sundays from 10 AM-12 PM. (Chee, Alvin) (Entered: 01/26/2004) |
|
01/23/2004 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Deft's request
to attend church service on Sundays from 10 AM to 12 PM granted. Endorsed on
document #229. C/M . Signed by Judge Raymond J. Dearie on 1/23/04. (Chee,
Alvin) (Entered: 01/26/2004) |
|
02/04/2004 |
230 |
Letter dated 2/4/04 from James Benjamin, Esq. to Hon.
Raymond J. Dearie joining in counsel Lawrence Gerzog's request for a
conference to discuss scheduling and planning matters. (Chee, Alvin)
(Entered: 02/06/2004) |
|
02/23/2004 |
231 |
SCHEDULING ORDER as to Jonathan Daws, Amr I. Elgindy,
Jeffrey A. Royer, Troy M. Peters, Lynn Wingate: A status conference will be
held on 3/1/04 at 3 PM before Judge Dearie. C/M by chambers . Signed by
Judge Raymond J. Dearie on 2/23/04. (Chee, Alvin) (Entered: 02/25/2004) |
|
02/24/2004 |
232 |
Letter dated 2/16/04 from Richard Tanner, Esq. to Hon.
Raymond J. Dearie requesting that the Court address deft Wingate's financial
situation. (Chee, Alvin) (Entered: 03/02/2004) |
|
03/01/2004 |
233 |
NOTICE OF ATTORNEY APPEARANCE: Barry H. Berke appearing
for Amr I. Elgindy. (Chee, Alvin) (Entered: 03/02/2004) |
|
03/01/2004 |
234 |
Letter dated 1/22/04 from Lawrence Gerzog, Esq. to Hon.
Raymond J. Dearie requesting permission for deft Royer to be released from
house arrest. (Chee, Alvin) (Entered: 03/02/2004) |
|
03/01/2004 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Request for
release from house arrest referred to PTS for progress report. Endorsed on
document #234. C/M . Signed by Judge Raymond J. Dearie on 3/1/04. (Chee,
Alvin) (Entered: 03/02/2004) |
|
03/01/2004 |
235 |
Minute Entry for proceedings held before Raymond J.
Dearie:Status Conference as to Jonathan Daws, Amr I. Elgindy, Jeffrey A.
Royer, Troy M. Peters, Lynn Wingate held on 3/1/2004. AUSA Ken Breen, Seth
Levine, Michael Goldberger. Discussion held regarding trial date. Court:
Trial will go forward on 6/1/04. AUSA estimates length to be 4 to 6 weeks.
Possibility of jury questionnaire discussed. Court would like to see a copy
of the joint questionnaire as soon as possible. Next status conference set
for 3/30/04 at 11 AM. Mr. Gerzog on behalf of his client Jeffrey Royer
renews his application to have deft taken off the electronic bracelet. Court
will take request into consideration and will speak to PTS as to their
input. (Court Reporter: ESR.) (Chee, Alvin) (Entered: 03/05/2004) |
|
03/01/2004 |
236 |
Stipulation and Order Releasing Certain Assets to Pay
For Attorney's Fees and Litigation Costs of the Deft Eligndy and Certain
Other Properties as to Amr I. Elgindy: The United States agrees to release
the sum of $514,218.85 to counsel for deft Elgindy for the purpose of paying
attorneys' fees and litigation costs, and including up to $10,000 to pay the
travel and living expenses of deft Elgindy in connection with his
preparation for, and attendance at, the trial in this case. C/M . Signed by
Judge Raymond J. Dearie on 3/1/04. (Chee, Alvin) (Entered: 03/05/2004) |
|
03/03/2004 |
238 |
Memorandum dated 3/3/04 from PTS Officer Jeffrey Seimel
to Judge Dearie as to Jeffrey A. Royer: PTS recommends that the Court
eliminate the electronic monitoring condition. The deft should be required
to report by phone to Probation twice a week and in person twice per month,
or as directed by his officers. Deft should also be subject to appropriate
travel restrictions set by the Court. PTS recommends that all other
conditions remain unchanged. (Chee, Alvin) (Entered: 03/12/2004) |
|
03/03/2004 |
|
ENDORSED ORDER as to Jeffrey A. Royer: The Court adopts
in full Pretrial's recommendation. Endorsed on document #238. C/M. Signed by
Judge Raymond J. Dearie on 3/3/04. (Chee, Alvin) (Entered: 03/12/2004) |
|
03/10/2004 |
237 |
Letter dated 3/9/04 from Angela Green, Paralegal
Specialist for the US Attorney's Office, to all defense counsel enclosing
the CD of tape transcripts as additional discovery. (Chee, Alvin) (Entered:
03/11/2004) |
|
03/10/2004 |
241 |
ORDER as to Jeffrey A. Royer: Upon the request of USPO
Jeffrey Steimel, it is ordered that deft's travel is restricted to the
District of Colorado. The deft is permitted to travel to NYC for court
appearances and attorney visits. C/M by chambers . Signed by Judge Raymond
J. Dearie on 3/10/04. (Chee, Alvin) (Entered: 03/17/2004) |
|
03/12/2004 |
239 |
Letter dated 3/11/04 from Richard Zabel, Esq. to Hon.
Raymond J. Dearie informing the Court that the primary authority cited by
the govt for its frontier theory that market manipulation can be effectuated
through the dissemination of truthful information has been reversed with
respect to the market manipulation charge. (Chee, Alvin) (Entered:
03/16/2004) |
|
03/15/2004 |
240 |
Letter dated 3/15/04 from Gregory Vega, Esq. to Hon.
Raymond J. Dearie requesting permission for deft Peters to travel to Florida
from 3/16/04 to 3/23/04. (Chee, Alvin) (Entered: 03/16/2004) |
|
03/15/2004 |
|
ENDORSED ORDER as to Troy M. Peters: Application
granted. Deft is permitted to travel to Florida from 3/16/04 to 3/23/04 and
on attached itinerary. AUSA and PTS consents to travel. Endorsed on document
#240. C/M by chambers. Signed Judge Raymond J. Dearie on 3/15/04. (Chee,
Alvin) (Entered: 03/16/2004) |
|
03/16/2004 |
242 |
NOTICE to COUNSEL: The Court is disturbed to report to
counsel that it has received in chambers a series of faxes, without a cover
sheet or any identifying information regarding the sender. The fax sender
number reads "000-000-0000." Counsel are directed to instruct their
respective clients and appropriate agencies that such transmissions are most
inappropriate and, have not, and will not be read by the Court or chambers
staff. The Court trusts that this practice will cease immediately. Copies
faxed to counsel. Signed Judge Raymond J. Dearie, on 3/16/04. (Chee, Alvin)
(Entered: 03/17/2004) |
|
03/18/2004 |
243 |
TRANSCRIPT of status conference before Hon. Raymond J.
Dearie as to Jonathan Daws, Amr I. Elgindy, Jeffrey A. Royer, Troy M.
Peters, Lynn Wingate for date of 11/21/03; Court Reporter: Stephanie Drexler.
(Chee, Alvin) (Entered: 03/18/2004) |
|
03/18/2004 |
244 |
TRANSCRIPT of status conference before Hon. Raymond J.
Dearie as to Jonathan Daws, Amr I. Elgindy, Jeffrey A. Royer, Troy M.
Peters, Lynn Wingate for date of 3/1/04; ESR: Christy Carosella. (Chee,
Alvin) (Entered: 03/18/2004) |
|
03/19/2004 |
245 |
Letter dated 3/19/04 from AUSA Seth Levine to Hon.
Raymond J. Dearie enclosing a copy of the SEC's opinion of In re Elgindy
which provides further evidence that trial is the appropriate forum to
resolve the market manipulations charges in this matter. (Chee, Alvin)
(Entered: 03/23/2004) |
|
03/25/2004 |
246 |
Letter dated 3/25/04 from AUSA Ken Breen to Hon.
Raymond J. Dearie in response to deft Daws' 3/23/04 letter to the Court
regarding chat log and audiotape designations. (Chee, Alvin) (Entered:
03/31/2004) |
|
03/26/2004 |
247 |
MOTION for transportation order by Jeffrey A. Royer. (Chee,
Alvin) (Entered: 03/31/2004) |
|
03/26/2004 |
|
ENDORSED ORDER as to Jeffrey A. Royer granting [247]
motion for transportation order. The US Marshal shall furnish to deft the
fare for round-trip airline transportation between Denver and Newark from
3/28/04 and returning 4/3/04. Endorsed on document #247. Copies faxed by
chambers . Signed by Judge Lois Bloom on 3/26/04. Approved by Judge Dearie
on 3/29/04. (Chee, Alvin) (Entered: 03/31/2004) |
|
03/29/2004 |
248 |
Letter dated 3/17/04 from Richard Tanner, Esq. to Hon.
Raymond J. Dearie enclosing deft Wingate's executed financial affidavit
(CJA23 form). CJA23 form attached. (Chee, Alvin) (Entered: 04/02/2004) |
|
03/29/2004 |
|
ENDORSED ORDER as to Lynn Wingate: CJA counsel
approved. Endorsed on document #248. C/M. Signed by Judge Raymond J. Dearie
on 3/29/04. (Chee, Alvin) (Entered: 04/02/2004) |
|
03/30/2004 |
252 |
Minute Entry for proceedings held before Raymond J.
Dearie: Status Conference as to Jonathan Daws, Amr I. Elgindy, Jeffrey A.
Royer, Troy M. Peters, Lynn Wingate held on 3/30/2004. Counsel for parties
present. Discussion held as to the problems the defense is having with logs
and tapes. Next status conference set for 4/16/04 at 3:30 PM. Court takes a
short recess- case will be recalled as to deft Lyn Wingate only. Case
recalled. Defense counsel Richard Tanner present on behalf of deft. Deft not
present. Mr. Tanner renews his application to be relieved as counsel to Ms.
Wingate for the reasons stated on the record. Legal Aid counsel Michael
Schneider is present and informs Court that he is willing to undertake the
representation of this deft. He also informs Court that at the beginning of
this case, his office did in fact represent Ms. Wingate until Mr. Tanner
filed a notice of appearance. Court grants Mr. Tanner's application and
relieves him as counsel. (Court Reporter: Gene Rudolph.) (Chee, Alvin)
(Entered: 04/16/2004) |
|
03/30/2004 |
|
Attorney update in case as to Lynn Wingate. Attorney
Michael K. Schneider for Lynn Wingate added. Attorney Richard A. Tanner
terminated. (Chee, Alvin) (Entered: 04/16/2004) |
|
04/06/2004 |
249 |
Letter dated 4/6/04 from AUSA Kenneth Breen to all
defense counsel providing the govt's preliminary chat log and audiotape
designations. (Chee, Alvin) (Entered: 04/12/2004) |
|
04/09/2004 |
250 |
Letter dated 4/9/04 from Michael Schneider, Esq. to
Hon. Raymond J. Dearie requesting that the Court excuse Ms. Wingate from
appearing at the 4/15/04 status conference. (Chee, Alvin) (Entered:
04/14/2004) |
|
04/12/2004 |
251 |
Letter dated 4/9/04 from Michael Schneider, Esq. to
Hon. Raymond J. Dearie requesting permission for deft Wingate to travel to a
horse show in North Carolina from 4/14/04 to 4/19/04. (Chee, Alvin)
(Entered: 04/14/2004) |
|
04/12/2004 |
|
ENDORSED ORDER as to Lynn Wingate : Deft's application
to travel to North Carolina from 4/14/04 to 4/19/04 granted. Endorsed on
document #251. C/M. Signed by Judge Raymond J. Dearie on 4/12/04. (Chee,
Alvin) (Entered: 04/14/2004) |
|
04/12/2004 |
254 |
Letter dated 4/12/04 from AUSA Kenneth Breen to all
defense counsel enclosing an expanded set of the govt's preliminary chat log
and audiotape designations. (Chee, Alvin) (Entered: 04/19/2004) |
|
04/14/2004 |
253 |
Letter dated 4/13/04 from AUSA Kenneth Breen to all
defense counsel providing additional discovery pursuant to the govt's Brady
and Giglio obligations. (Chee, Alvin) (Entered: 04/16/2004) |
|
04/14/2004 |
256 |
Letter dated 4/14/04 from AUSA Kenneth Breen to all
defense counsel enclosing an amended list of the names of the companies as
to which the govt believes the defts engaged in insider trading and
manipulation. (Chee, Alvin) (Entered: 04/19/2004) |
|
04/15/2004 |
255 |
Minute Entry for proceedings held before Raymond J.
Dearie: Status Conference as to Jonathan Daws, Amr I. Elgindy, Jeffrey A.
Royer, Troy M. Peters, Lynn Wingate held on 4/15/2004. Counsel for parties
present. Discussion held regarding tapes and chat logs. Counsel Mr. Benjamin
makes an application for a substantial adjournment of trial for the reasons
stated on the record. Mr. Berke joins in the application to adjourn for the
reasons stated on the record. Mr. Gerzog joins in the request. Mr. Benjamin
asks Court for a trial date in September. Govt opposes adjournment request.
Court: Adjournment application is taken under advisement. Court will rule on
the application in a few days. Next conference scheduled for 5/5/04 at 4:30
PM. (Court Reporter: Ron Tolkin.) (Chee, Alvin) (Entered: 04/19/2004) |
|
04/16/2004 |
257 |
Letter dated 4/9/04 from Michael Schneider, Esq. to
Hon. Raymond J. Dearie requesting that the Court excuse Ms. Wingate from
appearing at the 4/15/04 status conference. (Chee, Alvin) (Entered:
04/20/2004) |
|
04/16/2004 |
|
ENDORSED ORDER as to Lynn Wingate: Application granted.
Ms. Wingate excused from appearing at the 4/15/04 status conference.
Endorsed on document #257. Signed by Judge Raymond J. Dearie on 4/16/04'. (Chee,
Alvin) (Entered: 04/20/2004) |
| 04/27/2004 |
259 |
Letter dated 4/27/04 from AUSA Seth Levine to Hon. Raymond
J. Dearie responding to deft Wingate's 4/21/04 letter supplementing prior
counsel's motion to sever Wingate from the other defts for trial. (Chee,
Alvin) (Entered: 05/04/2004) |
| 04/28/2004 |
258 |
ORDER as to Jonathan Daws, Amr I. Elgindy, Jeffrey A.
Royer, Derrick W. Cleveland, Troy M. Peters, Lynn Wingate: In accordance
with the Court's discussion with counsel at the status conference of
4/15/04, the trial in this action is adjourned until September 2004. The
exact date will be announced as soon as possible. C/M . Signed by Judge
Raymond J. Dearie on 4/28/04. (Chee, Alvin) (Entered: 05/03/2004) |
| 05/03/2004 |
260 |
ORDER as to Lynn Wingate: Ordered that the US Marshal
furnish the deft with transportation on the morning of Wednesday, 5/5/04,
from Orlando Florida to New York in anticipation of her appearance in court
that day. C/M by chambers . Signed by Judge Raymond J. Dearie on 5/3/04. (Chee,
Alvin) (Entered: 05/05/2004) |
| 05/03/2004 |
261 |
ORDER as to Lynn Wingate: Ordered that the US Marshal
furnish the deft with transportation on the evening of Wednesday, 5/5/04,
from Orlando Florida to New York in anticipation of her appearance in court
that day. C/M by chambers. Signed by Judge Raymond J. Dearie on 5/3/04. (Chee,
Alvin) (Entered: 05/05/2004) |
| 05/13/2004 |
262 |
Letter dated 5/10/04 from Barry Berke, Esq. to Hon. Raymond
J. Dearie requesting an order extending the time in which the govt must
indict by 30 days in 04-mj-563, and for permission for deft Elgindy to be
absent from all future pre-trial status conferences, unless otherwise
requested. (Chee, Alvin) (Entered: 05/17/2004) |
| 05/13/2004 |
|
ENDORSED ORDER as to Amr I. Elgindy: Application granted.
Govt's time to indict in 04-mj-563 extended 30 days. Deft excused from all
future pre-trial conferences unless otherwise noted. Endorsed on document
#262. C/M. Signed by Judge Raymond J. Dearie on 5/13/04. (Chee, Alvin)
(Entered: 05/17/2004) |
| 05/17/2004 |
264 |
Letter dated 5/14/04 from Barry Berke, Esq. to Hon. Raymond
J. Dearie requesting the opportunity to challenge whether the govt has any
right to have received, to retain, or to search the computer devices seized
from Mr. Elgindy by the Suffolk County Police on 4/17/04. (Chee, Alvin)
(Entered: 05/21/2004) |
| 05/19/2004 |
265 |
Letter dated 5/15/04 from Anthony Elgindy to Hon. Raymond
J. Dearie writing to ascertain the fairness and or legality of the govt
seizing his laptop computer. (Chee, Alvin) (Entered: 05/26/2004) |
| 05/20/2004 |
263 |
Letter dated 4/15/04 from Lawrence Gerzog, Esq. to Hon.
Raymond J. Dearie stating the dates in which he is available for trial. (Chee,
Alvin) (Entered: 05/20/2004) |
| 05/21/2004 |
270 |
Letter dated 5/21/04 from AUSA Seth Levine to Hon. Raymond
J. Dearie addressing the privilege issues raised by the search warrant
application. (Chee, Alvin) (Entered: 06/10/2004) |
| 05/25/2004 |
|
ENDORSED ORDER as to Amr I. Elgindy: Copies of Mr.
Elgindy's 5/15/04 letter to counsel and MJ Gold. Endorsed on document #265.
C/M. Signed by Judge Raymond J. Dearie on 5/25/04. (Chee, Alvin) (Entered:
05/26/2004) |
| 05/26/2004 |
266 |
Letter dated 5/21/04 from Lawrence Gerzog, Esq. to Hon.
Raymond J. Dearie informing the Court that AUSA Ken Breen and PTS Officer
Jeffrey Stimel consent to deft Royer's request to relocate to Denver
Colorado. (Chee, Alvin) (Entered: 05/27/2004) |
| 05/26/2004 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Deft's request to
relocate to Denver Colorado approved. Endorsed on document #266. C/M. Signed
by Judge Raymond J. Dearie on 5/26/04. (Chee, Alvin) (Entered: 05/27/2004) |
| 06/02/2004 |
268 |
Letter dated 6/2/04 from AUSA Valerie Szczepanik to all
defense counsel enclosing a CD Rom containing a new version of the govt's
designations in.PDF format. (Chee, Alvin) (Entered: 06/03/2004) |
| 06/08/2004 |
269 |
Letter dated 6/8/04 from AUSA Valerie A. Szczepanik to all
defense counsel providing a version of the government's designations in.csv
format. (Williams-Jackson, Sandy) (Entered: 06/09/2004) |
| 06/10/2004 |
271 |
Letter dated 6/8/04 from Angela Green, US Attorney
Paralegal, to all defense counsel furnishing additional discovery. (Chee,
Alvin) (Entered: 06/14/2004) |
| 06/10/2004 |
272 |
ORDER endorsed on letter dated 6/10/04 from AUSA Michael
Goldberger to Judge Dearie as to Amr I. Elgindy: Clerk of Court directed to
remit the following amounts to Washington Mutual Bank: 1) Payment of
$125,761.24 to be paid immediately; 2) Payment of $12,661.58 to be paid
monthly on or before the 15th of each month commencing in July 2004. C/M .
Signed by Judge Raymond J. Dearie on undated. (Chee, Alvin) (Entered:
06/15/2004) |
| 06/10/2004 |
274 |
Minute Entry for proceedings held before Raymond J. Dearie:
Status Conference as to Jonathan Daws, Amr I. Elgindy, Jeffrey A. Royer,
Troy M. Peters, Lynn Wingate held on 6/10/2004. AUSA Ken Breen, Seth Levine
and Special AUSAs Valerie Szczepanik, Michael Goldberger. Counsel for defts
present. Discussion held. Court: Deft Lynn Wingate's motion for severance is
granted. Court sets firm trial date of 10/4/04. All counsel agree to trial
date. Court directs the govt to turn over to defense counsel the exhibit and
witness list 4 weeks prior to trial. Next status conference set for 7/15/04
at 2:30 PM. As to deft Elgindy only: Under the M case, 04-mj-563, defense
counsel requests the Court approve waiver of speedy indictment for 30 days.
Court: Request approved. (Court Reporter: Tony Mancuso.) (Chee, Alvin)
(Entered: 06/23/2004) |
| 06/14/2004 |
273 |
Letter dated 6/11/04 from James Benjamin, Esq. to Hon.
Raymond J. Dearie requesting permission for deft Daws to travel to Florida
from 7/29/04 to 8/3/04. (Chee, Alvin) (Entered: 06/18/2004) |
| 06/14/2004 |
|
ENDORSED ORDER as to Jonathan Daws: Deft's request to
travel to Florida from 7/29/04 to 8/3/04 granted. Endorsed on document #273.
C/M. Signed by Judge Raymond J. Dearie on 6/14/04. (Chee, Alvin) (Entered:
06/18/2004) |
| 06/28/2004 |
276 |
Letter dated 6/25/04 from Angela Green, Paralegal
Specialist at the US Attorney's Office, to all defense counsel furnishing
additional discovery. (Chee, Alvin) (Entered: 06/30/2004) |
| 06/30/2004 |
277 |
Letter dated 6/30/04 from AUSA Kenneth Breen to all defense
counsel enclosing a preliminary list of co-conspirators and the sources of
the chat logs that the govt intends to introduce at trial. (Chee, Alvin)
(Entered: 07/07/2004) |
| 07/15/2004 |
278 |
Letter dated 7/14/04 from AUSA Valerie Szczepanik to all
defense counsel providing documents stamped SEC Confidential 558-706. (Chee,
Alvin) (Entered: 07/21/2004) |
| 07/15/2004 |
279 |
Minute Entry for proceedings held before Raymond J. Dearie:
Status Conference as to Jonathan Daws, Amr I. Elgindy, Jeffrey A. Royer,
Troy M. Peters, Lynn Wingate held on 7/15/2004. AUSAs Ken Breen, Seth
Levine, Valerie Szczepanik and Michael Goldberger. Barry Berke and Erin
Walter for deft Elgindy, Larry Gerzog for deft Royer, Patrick Hall for
Gregory Vega by phone for deft Peters, Michael Schneider for deft Wingate,
James Benjamin, Pamela Gurley and Richard Zabel for deft Daws. Discussion
held. Court will formally rule on deft Peters' motion for severance at next
court appearance. As previously ruled upon, deft Wingate's motion for
severance has been granted. Next court appearance: 8/6/04 at 10 AM. (Chee,
Alvin) (Entered: 07/23/2004) |
| 07/21/2004 |
282 |
Letter dated 5/25/04 from AUSA Seth Levine to Barry Berke,
Esq. providing notice that an application for a search warrant has been
approved by the Court for the computers, electronic devices and cellular
telephones in Elgindy's possession at the time of his April arrest. (Chee,
Alvin) (Entered: 07/23/2004) |
| 07/28/2004 |
289 |
SEALED Document containing letter dated 7/19/04 to Judge
Dearie. (Chee, Alvin) (Entered: 08/03/2004) |
| 07/30/2004 |
295 |
Letter dated 7/24/04 from Anthony Elgindy to Hon. Raymond
J. Dearie enclosing a website article detailing the timeline of events
regarding Pacific Equity. (Chee, Alvin) (Entered: 08/09/2004) |
| 07/30/2004 |
|
ENDORSED ORDER as to Amr I. Elgindy: Clerk to transmit
copies to US Attorney and counsel for Mr. Elgindy. Endorsed on document
#295. Copies faxed by chambers. Signed by Judge Raymond J. Dearie on
7/30/04. (Chee, Alvin) (Entered: 08/09/2004) |
| 08/04/2004 |
294 |
TRANSCRIPT of Criminal Cause for Status Conference before
Judge Dearie on 7/15//04 as to all defendants. (Black, Amanda) (Entered:
08/06/2004) |
| 08/13/2004 |
296 |
Letter dated 8/12/04 from Angela Green, Paralegal
Specialist at the US Attorney's Office, to all defense counsel furnishing
additional discovery. (Chee, Alvin) (Entered: 08/17/2004) |
| 08/24/2004 |
297 |
Letter dated 8/24/04 from Barry Berke, Esq. to Hon. Raymond
J. Dearie requesting that Mr. Elgindy's appearance be waived for all future
pre-trial status conferences unless otherwise noted. (Chee, Alvin) (Entered:
08/26/2004) |
| 08/24/2004 |
|
ENDORSED ORDER as to Amr I. Elgindy: Application granted.
Mr. Elgindy's appearance waived for all future pre-trial status conferences
unless otherwise noted. Endorsed on document #297. C/M . Signed by Judge
Raymond J. Dearie on 8/24/04. (Chee, Alvin) (Entered: 08/26/2004) |
| 08/25/2004 |
298 |
Minute Entry for proceedings held before Steven M. Gold:
Status Conference as to Amr I. Elgindy held on 8/25/2004. AUSA McDermott,
Walter and Rosen for deft. FBI Agents Abrams and Begley also present. Stauts
conference held, under seal, with respect to status of document production.
If counsel are unable to resolve the "scope" objection raised by deft, deft
shall submit a brief on the subject by 9/2/04, govt's response by 9/8/04,
and deft's reply by 9/10/04. Counsel shall be prepared to argue the issue,
with the "trial team" participating, at the next conference. Next conference
scheduled for 9/14/04 at 10 AM. (Chee, Alvin) (Entered: 08/30/2004) |
| 08/26/2004 |
299 |
Minute Entry for proceedings held before Raymond J. Dearie:
Status Conference as to Jonathan Daws, Amr I. Elgindy, Jeffrey A. Royer,
Troy M. Peters, Lynn Wingate held on 8/26/2004. Counsel for parties present.
Discussion held. Court: Ruling on outstanding severance motion: Deft Troy
Peters is severed from case. Court will issue order. Defts on trial 10/4/04:
Amr Elgindy, Jeffrey Royer and Jonathan Daws. Court: Submissions on
unresolved objections due 9/15/04. As to deft Royer only: Re: Memo from PTS
that deft Royer is not in compliance with his conditions of bond. Deft was
found using the internet. Court: Defense counsel directed to advise deft
that he is not permitted to use the internet. (Court Reporter: Marsha
Diamond.) (Chee, Alvin) (Entered: 09/02/2004) |
| 08/30/2004 |
300 |
Sealed document containing letter and endorsed order of MJ
Gold dated 8/30/04. (Chee, Alvin) (Entered: 09/07/2004) |
| 08/31/2004 |
|
Documents sealed as to Amr I. Elgindy:
267,275,280,281,283-288,290-293 as per order of MJ Gold. (Chee, Alvin)
(Entered: 08/31/2004) |
| 09/02/2004 |
301 |
Sealed document containing letter dated 9/2/04 from Erin
Walter, Esq. to MJ Gold. (Chee, Alvin) (Entered: 09/08/2004) |
| 09/10/2004 |
302 |
AFFIDAVIT of Larry Gerzog, Esq., dated 9/10/04, requesting
that the Court order the US Marshals Service to pay for the transportation
and expenses during the trial of deft Jeffrey A. Royer. (Chee, Alvin)
(Entered: 09/15/2004) |
| 09/10/2004 |
303 |
TRANSPORTATION ORDER as to Jeffrey A. Royer: Ordered that
the US Marshal Service furnish deft with funds to cover the cost of airfare
from Denver to New York, as well as a per diem expenditure, so that he can
travel to this venue and remain here for three weeks in preparation for his
trial and for the duration of this trial that is to last approximately two
months. Arrangements shall be made to enable Mr. Royer to arrive in New York
City as soon as possible during the week of 9/13/04. C/M. Signed by Judge
Raymond J. Dearie on 9/10/04. (Chee, Alvin) (Entered: 09/15/2004) |
| 09/10/2004 |
306 |
Sealed document containing letter dated 9/10/04 from
defense counsel to MJ Gold. (Chee, Alvin) (Entered: 09/17/2004) |
| 09/14/2004 |
305 |
Sealed document as to Amr I. Elgindy containing calendar
entry before MJ Gold for date of 9/14/04. (Chee, Alvin) (Entered:
09/17/2004) |
| 09/15/2004 |
304 |
Letter dated 9/14/04 from Lawrence Gerzog, Esq. to Hon.
Raymond J. Dearie moving to suppress statements made by deft Royer to
government agents in New Mexico on 5/22/02. (Chee, Alvin) (Entered:
09/15/2004) |
| 09/15/2004 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Motion to suppress
will be considered upon filing of Mr. Royer's affidavit. Endorsed on
document #304. C/M. Signed by Judge Raymond J. Dearie on 9/15/04. (Chee,
Alvin) (Entered: 09/15/2004) |
| 09/15/2004 |
317 |
Letter dated 9/13/04 from Gregory Vega, Esq. to Hon.
Raymond J. Dearie requesting permission for deft Peters to travel to Idaho
from 9/16/04 to 9/21/04. (Chee, Alvin) (Entered: 09/29/2004) |
| 09/15/2004 |
|
ENDORSED ORDER as to Troy M. Peters: Deft's request to
travel to Idaho from 9/16/04 to 9/21/04 approved. Advise Pretrial. Endorsed
on document #317. Copies faxed by chambers. Signed by Judge Raymond J.
Dearie on 9/15/04. (Chee, Alvin) (Entered: 09/29/2004) |
| 09/21/2004 |
307 |
Letter dated 9/21/04 from Ilissa Brownstein, Esq. to Hon.
Raymond J. Dearie requesting a modification of deft Royer's conditions of
release to include New Jersey. (Chee, Alvin) (Entered: 09/22/2004) |
| 09/21/2004 |
|
ENDORSED ORDER as to Jeffrey A. Royer: Application granted.
Conditions of release modified to include New Jersey. Endorsed on document
#307. C/M. Signed by Judge Raymond J. Dearie on 9/21/04. (Chee, Alvin)
(Entered: 09/22/2004) |
| 09/22/2004 |
308 |
Memorandum of Law in opposition to The Government's Second
Motion in Limine, in Support of Defendant Jonathan Daws' Motion in Limine,
and to dismiss the Market Manipulation Claim filed by Jonathan Daws.
(Gurley, Pamela) Modified on 9/23/2004 to reflect change of original heading
from motion to memorandum of law. (Chee, Alvin). (Entered: 09/22/2004) |
| 09/22/2004 |
309 |
AFFIDAVIT of James Benjamin, Esq. in connection with deft
Daws'
308 memorandum of law in opposition to the govt's second motion in
limine. (Attachments: #(1)Exhibit A&B; #(2)Exhibit C-G; #(3)Exhibit H-L)
(Gurley, Pamela) Modified on 9/23/2004 (Chee, Alvin). (Entered: 09/22/2004) |
| 09/22/2004 |
310 |
Exhibits M-S to the
309 Affidavit of deft Daws' in opposition to the govt's second motion in
limine. (Attachments: #(1) Exhibit O-R; #(2) Exhibit S)(Gurley, Pamela)
Modified on 9/23/2004 (Chee, Alvin). (Entered: 09/22/2004) |
| 09/23/2004 |
311 |
Certificate of Service by Jonathan Daws re
308 Memorandum of Law in opposition to The Government's Second Motion in
Limine, in Support of Defendant Jonathan Daws' Motion in Limine, and to
dismiss the Market Manipulation Claim,
309 Affidavit in Opposition to Motion,
310 Affidavit in Opposition to Motion, and Compilation of Unresolved RC
Chat Objections (Gurley, Pamela) Modified on 9/23/2004 (Chee, Alvin).
(Entered: 09/23/2004) |
| 09/23/2004 |
312 |
Compilation of Unresolved RC Chat Objections filed by
Jonathan Daws. (Chee, Alvin) (Entered: 09/23/2004) |
| 09/23/2004 |
314 |
Letter dated 9/20/04 from Barry Berke, Esq. to AUSA Ken
Breen and Seth Levine requesting discovery under Rule 16 and/or Brady/Giglio
and/or the Jencks Act. (Chee, Alvin) (Entered: 09/28/2004) |
| 09/27/2004 |
313 |
Letter from Richard B. Zabel to U.S. Attorney's Office
Regarding discovery issues (Zabel, Richard) (Entered: 09/27/2004) |
| 09/28/2004 |
315 |
Letter dated 9/28/04 from AUSA Kenneth Breen to all defense
counsel providing notice that the govt is prepared to ask a grand jury to
return a superseding indictment that contains allegations regarding
sentencing issues, in light of Blakely v. Washington. The govt however, will
forgo seeking this superseding indictment if the trial defts waive their
applicable rights under Blakely. (Chee, Alvin) (Entered: 09/29/2004) |
| 09/28/2004 |
316 |
Letter dated 9/28/04 from AUSA Kenneth Breen to all defense
counsel enclosing a draft of the govt's proposed juror questionnaire. (Chee,
Alvin) (Entered: 09/29/2004) |
| 09/29/2004 |
318 |
Letter from Richard B. Zabel, dated 9/29/04 to AUSAs
Kenneth M. Breen Regarding request for production of transcripts of Mr.
Funkhouser's testimony (Zabel, Richard) (Entered: 09/29/2004) |
| 09/29/2004 |
319 |
Letter dated 9/29/04 from AUSA Valerie Szczepanik to all
defense counsel providing notice that the govt expects to call at trial
Cameron Funkhouser, Senior Vice President, NASD Regulation, Inc. (Chee,
Alvin) (Entered: 10/04/2004) |
| 09/30/2004 |
320 |
SUPERSEDING INDICTMENT (S-2) as to Amr I. Elgindy (1)
count(s) 1ss, 2ss, 3ss-9ss, 10ss-12ss, 13ss, 14ss, 16ss-22ss, 23ss-33ss,
Jeffrey A. Royer (2) count(s) 1ss, 2ss, 3ss-9ss, 10ss-12ss, 13ss, 14ss,
15ss, Troy M. Peters (4) count(s) 1ss, 2ss, 8ss-9ss, 10ss-12ss, Lynn Wingate
(5) count(s) 1ss, 2ss, 13ss, 14ss, Jonathan Daws (6) count(s) 1s, 2s, 3s-9s,
11s. (Chee, Alvin) (Entered: 10/04/2004) |

U.S. District Court
Eastern District of New York (Brooklyn)
CIVIL DOCKET FOR CASE #: 1:02-cv-03002-RJD-MDG
|
United States of America et al v. Any valuables in any and all safe deposit
boxes ma
Assigned to: Judge Raymond J. Dearie
Referred to: Magistrate-Judge Marilyn D. Go
Demand: $0
Lead Docket: None
Related Cases: None
Case in other court: None
Cause: 28:1331 Fed. Question
|
Date Filed: 05/20/02
Jury Demand: None
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: Federal Question
|
|
Plaintiff
-----------------------
|
|
|
United States of America |
represented by |
Arthur P. Hui
United States Attorneys Office
Eastern District of New York
One Pierrepont Plaza, 14th Floor
Brooklyn, NY 11201
(718)254-6007
Fax : (718)254-6081
Email: Arthur.Hui@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED |
|
V.
|
|
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Defendant
-----------------------
|
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All funds on deposit in any and all accounts
TERMINATED: 05/30/2002 |
|
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Certificates of Deposit
TERMINATED: 05/30/2002 |
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Any valuables in any and all safe deposit boxes
maintained by or on behalf of AMR I. Elgindy |
|
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aka
"Anthony Elgindy"
|
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aka
"Tony Elgindy"
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aka
"Anthony Pacific"
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Mary Faith Elgindy |
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Pacific Equity Investigations |
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Pacific International Securities, Inc. |
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Account No. 1182702640, Bank of America,
including but not limited to
TERMINATED: 05/30/2002 |
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Account No. 1182104883, Bank of America,
including but not limited to
TERMINATED: 05/30/2002 |
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Account No. 1182217682, Bank of America ,
including but not limited to
TERMINATED: 05/30/2002 |
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Bank of Montreal, Vancouver, British Columbia
TERMINATED: 05/30/2002 |
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Global Securities, Vancouver, British Columbia,
including, but not limited to |
|
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Account No. 0001000477117, Canadian Imperial Bank
of Commerce Account No. 0001-0004-77117
TERMINATED: 05/30/2002 |
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Account No. 6730855019170, Salomon Smith Barney
including, but not limited to
TERMINATED: 05/30/2002 |
|
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Account No. 6730854913170, Salomon Smith Barney
including, but not limited to
TERMINATED: 05/30/2002 |
|
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Account No. 6730856215170, Salomon Smith Barney
including, but not limited to
TERMINATED: 05/30/2002 |
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Account No. 6730856314170, Salomon Smith Barney
including, but not limited to
TERMINATED: 05/30/2002 |
|
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Account No. 6730856116170, Salomon Smith Barney
including, but not limited to
TERMINATED: 05/30/2002 |
|
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Account No. 6730854814170, Salomon Smith Barney
including, but not limited to
TERMINATED: 05/30/2002 |
|
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Account No. 000100034011722, Royal Bank,
Vancouver, British Columbia, including but not limited to
TERMINATED: 05/30/2002 |
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All Proceeds traceable to such funds
TERMINATED: 05/30/2002 |
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3371 Calle Tres Vistas, The Premises and Real
Property located at 3371 Calle Tres Vistas, Encinitas, California, and all
proceeds traceable thereto |
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VIN SCBZK25E91CX62537, A 2001 Rolls Royce Bentley
Vehicle, VIN SCBZK25E91CX62537, California license plate no. ZEROBID,
Registered in the name of Pacific Equity Investigations and Anthony Elgindy |
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VIN 1L1FM81W4YY903598, A 2000 Lincoln Town Car,
VIN 1L1FM81W4YY903598, California license plate No. 6H01784, Registered in
the name of Pacific Equity Investigations |
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VIN 137ZA903XYE188837, A 2000 Humvee, VIN
137ZA903XYE188837, California license plate No. 00BID, Registered in the
name of Pacific Equity Investigations and Tony Elgindy |
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VIN JS3TX92V414100376, A 2001 Suzuki Grand Vitara,
VIN JS3TX92V414100376, California license plate No. 4SYW793, Registered in
the name of AMR I. Elgindy |
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VIN SAJPX1845XC859070, A 1999 Jaguar XJR, VIN
SAJPX1845XC859070, California license plate No. 4MNB694, Registered in the
name of Pacific Equity Investigations and AMR Elgindy |
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All proceeds to such vehicles |
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Account No. 03315908, All funds on deposit in
USAA Federal Savings Bank Account No. 03315908 in the name of Jeffrey A.
Royer, up to and including the sume of $16,925.00, and all proceeds
traceable thereto
TERMINATED: 05/30/2002 |
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Claimant
-----------------------
|
|
|
|
Matthew Perry Tyson |
represented by |
Matthew Perry Tyson
Law Office of Matthew P. Tyson
1804 Garnet Avenue, #250
San Diego, CA 92109
619-787-0614
Fax : 708-810-6621
Email: mptysonweb@hotmail.com
ATTORNEY TO BE NOTICED |
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Yukon, Inc. |
represented by |
Gerald B. Lefcourt
148 East 78th Street
New York, NY 10021
212-737-0400
Fax : 212-988-6192
Email: lefcourt@lefcourtlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED |
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Pacific Equities Investigations |
represented by |
Gerald B. Lefcourt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED |
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Samy Elgindy |
represented by |
Gerald B. Lefcourt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED |
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Gabriel Elgindy |
represented by |
Gerald B. Lefcourt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED |
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Adam Elgindy |
represented by |
Gerald B. Lefcourt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED |
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Mary Faith Elgindy |
represented by |
Gerald B. Lefcourt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED |
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Amr I. Elgindy |
represented by |
Gerald B. Lefcourt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED |
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Filing Date
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#
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Docket Text
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05/20/2002 |
1 |
Sealed document. (Bowens, Priscilla) Modified on
5/24/2002 (Bowens, Priscilla). (Entered: 05/24/2002) |
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05/20/2002 |
1 |
Complaint filed Warrants Issued as to
defendant(s) 3371 Calle Tres Vistas, All proceeds to such vehicles, Any
valuables in any and all safe deposit boxes maintained by or on behalf of
AMR I. Elgindy, Mary Faith Elgindy, Global Securities, Vancouver, British
Columbia, Pacific Equity Investigations, Pacific International Securities,
Inc., VIN 137ZA903XYE188837, VIN 1L1FM81W4YY903598, VIN JS3TX92V414100376,
VIN SAJPX1845XC859070, VIN SCBZK25E91CX62537.. Filed by Arthur P. Hui on
behalf of United States of America. (Attachments: #
1)(Brown, Marc) (Entered: 06/19/2002) |
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05/20/2002 |
9 |
NOTICE OF COMPLAINT as to defendant(s) 3371 Calle Tres
Vistas, All proceeds to such vehicles, Any valuables in any and all safe
deposit boxes maintained by or on behalf of AMR I. Elgindy, Mary Faith
Elgindy, Global Securities, Vancouver, British Columbia, Pacific Equity
Investigations, Pacific International Securities, Inc., VIN
137ZA903XYE188837, VIN 1L1FM81W4YY903598, VIN JS3TX92V414100376, VIN
SAJPX1845XC859070, VIN SCBZK25E91CX62537.. Filed by Arthur P. Hui on behalf
of United States of America. (Brown, Marc) Modified on 6/19/2002 (Brown,
Marc). (Entered: 06/19/2002) |
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05/24/2002 |
2 |
Declaration in support of application to unseal
documents filed by Arthur P. Hui on behalf of United States of America.
(Chee, Alvin) (Entered: 05/28/2002) |
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05/24/2002 |
3 |
Unsealing Order: All papers previously filed with the
Court under seal in this action shall be unsealed forthwith. (signed Hon.
Raymond J. Dearie, 5/24/02) (Chee, Alvin) (Entered: 05/28/2002) |
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05/24/2002 |
4 |
Warrant of Arrest for Articles in REM. (signed MJ Go,
5/20/02) (Chee, Alvin) (Entered: 05/28/2002) |
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05/24/2002 |
5 |
Declaration in support of application for a Writ of
Assistance filed by Arthur P. Hui on behalf of United States of America.
(Chee, Alvin) (Entered: 05/28/2002) |
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05/24/2002 |
6 |
Writ of Assistance. (signed Hon. Raymond Dearie,
5/22/02) (Chee, Alvin) (Entered: 05/28/2002) |
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05/24/2002 |
7 |
Notice of pendency filed by Arthur P. Hui on
behalf of United States of America. (Chee, Alvin) (Entered: 05/28/2002) |
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05/28/2002 |
8 |
Notice of Dismissal solely against the deft funds on
deposit in any and all accounts, CDs and any and all valuables in any and
all safe deposit boxes maintained by Pacific International Secuerities, Inc.
on deposit in Bank of America, Bank of Montreal, Global Securities, Salomon
Smith Barney, and Royal Bank of Canada account number 00010-003-401-172-2
filed by Arthur P. Hui on behalf of United States of America. (Chee, Alvin)
Modified on 5/30/2002 (Chee, Alvin). (Entered: 05/30/2002) |
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06/19/2002 |
10 |
Amended Notice complaint. Filed by Arthur P. Hui on
behalf of United States of America. (Brown, Marc) Modified on 6/19/2002
(Brown, Marc). Modified on 6/19/2002 (Brown, Marc). (Entered: 06/19/2002) |
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06/19/2002 |
11 |
Amended complaint. Filed by Arthur P. Hui on behalf of
United States of America. (Brown, Marc) (Entered: 06/19/2002) |
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06/28/2002 |
12 |
Order: Mr. and Mrs. Elgindy to file claim by 7/10/02;
time to answer adjourned to 7/22/02. C/M by chambers. (signed Hon. Raymond
Dearie, undated) (Chee, Alvin) (Entered: 06/28/2002) |
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07/22/2002 |
13 |
Notice of Lien filed by Matthew Perry Tyson on
behalf of pro se MATTHEW PERRY TYSON. (Tyson, Matthew) (Entered: 07/22/2002) |
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07/22/2002 |
14 |
Notice Statement of Filing Notice of Lien filed
by Matthew Perry Tyson on behalf of pro se MATTHEW PERRY TYSON. (Related
document(s)13)
(Tyson, Matthew) (Entered: 07/22/2002) |
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10/04/2002 |
15 |
Service by publication : Advertisement Dates for NY
Post: 7/12/02, 7/15/02, 7/22/02. Advertisement Dates For San Diego Commerce:
6/26/02, 7/3/02, 7/10/02; cost $150.18 filed by Arthur P. Hui on behalf
of United States of America. (Chee, Alvin) (Entered: 10/10/2002) |
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10/04/2002 |
16 |
Notice : Return of Service Executed as to Salomon
Smith Barney on 6/17/02. Amended verified complaint, warrant, civil cover
sheet, declaration of writ, writ served via certified mail #700153000060603.
Returned receipt signed and dated on 6/17/02 filed by Arthur P. Hui on
behalf of United States of America. (Chee, Alvin) (Entered: 10/10/2002) |
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10/04/2002 |
17 |
Notice : Return of Service Executed as to Bank of
America on 6/17/02. Amended verified complaint, warrant, civil cover sheet,
declaration of writ, writ served by certified mail #7001530000623150597.
Return receipt signed and dated on 6/17/02 filed by Arthur P. Hui on
behalf of United States of America. (Chee, Alvin) (Entered: 10/10/2002) |
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10/04/2002 |
18 |
Notice : Return of Service unexecuted as to Jeffrey
Royer. Amended verified complaint, warrant, civil cover sheet, declaration
of writ, writ served via certified mail #70001530000623150610 on 6/14/02.
Returned by Postal Service on 7/17/02 (unclaimed) filed by Arthur P. Hui
on behalf of United States of America. (Chee, Alvin) (Entered: 10/10/2002) |
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10/04/2002 |
19 |
Notice : Return of service executed as to Amr
Elgindy. Amended verified complaint, warrant, civil cover sheet, declaration
of writ, writ served via certified mail #70001530000623150627 on 6/14/02.
Returned receipt signed and dated on 6/17/02 filed by Arthur P. Hui on
behalf of United States of America. (Chee, Alvin) (Entered: 10/10/2002) |
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10/04/2002 |
20 |
Notice : Return of Service executed as to Mary Faith
Elgindy. Amended verified complaint, warrant, civil coversheet, declaration
of writ, writ served via certified mail #7001530000623150634 on 6/14/02.
Returned receipt signed and dated on 6/17/02 filed by Arthur P. Hui on
behalf of United States of America. (Chee, Alvin) (Entered: 10/10/2002) |
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12/02/2002 |
21 |
Letter dated 12/2/02 from Matthew Tyson to Hon. Raymond
Dearie enclosing a proposed order to release funds to satisfy a judgment
against Mr. Elgindy entered in the San Diego County Superior Court. (Chee,
Alvin) (Entered: 12/20/2002) |
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01/15/2003 |
22 |
Letter dated 1/8/03 from Matthew Tyson to Hon. Raymond
J. Dearie reiterating his previous request for a release of funds to satisfy
a judgment entered against Mr. Elgindy in California. Mr. Tyson requests
permission to obtain a copy of any sealed transcripts concerning the
disposition of Elgindy's assests, subject to all existing protective orders.
(Chee, Alvin) (Entered: 01/15/2003) |
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01/27/2003 |
23 |
Verfied claim to property by Yukon, Inc., Pacific
Equities Investigations, Samy Elgindy, Gabriel Elgindy, Adam Elgindy, Mary
Faith Elgindy, Amr I. Elgindy. (Chee, Alvin) (Entered: 02/04/2003) |
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02/05/2003 |
24 |
CLAIM Verified Claim to Defendant Funds by Matthew P.
Tyson by MATTHEW PERRY TYSON. (Tyson, Matthew) (Entered: 02/05/2003) |
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02/06/2003 |
25 |
NOTICE by MATTHEW PERRY TYSON of Amended Verified
Claim to Property (Tyson, Matthew) (Entered: 02/06/2003) |
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02/12/2003 |
26 |
Initial conference scheduled for 3/19/2003 at 4:00
p.m.Signed by Judge Marilyn D. Go on 02/12/03. (DeVeaux, Yvonne) (Entered:
02/12/2003) |
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03/19/2003 |
27 |
Calendar Entry: before MJ Go on 3/19/03 for initial
conference. Counsel for parties present. Claimant Tyson, who was given leave
to appear by telephone, did not call in and could not be reached by
telephone. Counsel for plaintiff and the Elgindy and corporate claimants
stated that they seek a stay of this action pending determination of the
related criminal action (02-cr-589). A letter application must be sent by
3/26/03 and any opposition is due 4/2/03. (Chee, Alvin) (Entered:
03/26/2003) |
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04/08/2003 |
28 |
Letter. (Hui, Arthur) (Entered: 04/08/2003) |
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04/10/2003 |
29 |
ORDER STAYING CASE pending disposition of the criminal
proceeding. Signed by Magistrate Judge Marilyn D. Go on 4/8/03. (Glenn,
Marilyn) (Entered: 04/10/2003) |
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05/09/2003 |
30 |
STIPULATION AND ORDER for voluntary liquidation of
certain securities on deposit with Global Securities Corp. and repatriation
of proceeds to the Clerk of the Court account. C/M. Signed by Judge Raymond
J. Dearie on 5/9/03. (Chee, Alvin) (Entered: 05/12/2003) |
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05/09/2003 |
31 |
Letter dated 5/9/03 from AUSA Arthur Hui to Hon.
Raymond J. Dearie objecting to the request of deft Amr Elgindy to sell the
1999 Jaguar and the 2000 Lincoln Town Car to his mother for the total sum of
$50,000. (Chee, Alvin) (Entered: 05/13/2003) |
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05/22/2003 |
32 |
Letter dated 5/12/03 from Gary Becker, Esq. to Hon.
Raymond J. Dearie in response to the govt's letter dated 5/9/03 that opposed
the proposed sale of Mr. Elgindy's Jaguar and Lincoln Continental
automobiles. (Chee, Alvin) (Entered: 05/22/2003) |
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05/22/2003 |
33 |
Letter dated 5/14/03 from AUSA Arthur Hui to Hon.
Raymond J. Dearie in response to deft's 5/12/03 letter regarding the sale of
Mr. Elgindy's automobiles. (Chee, Alvin) (Entered: 05/22/2003) |
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05/22/2003 |
34 |
Letter dated 5/15/03 from Gerald Becker, Esq. to Hon.
Raymond J. Dearie requesting that the Court authorize the sale of Mr.
Elgindy's Jaguar and Lincoln to his mother for a combined sales price of
$50,000. Alternatively, counsel requests a telephone conference with the
Court at its earliest convenience to address these issues. (Chee, Alvin)
(Entered: 05/22/2003) |
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05/22/2003 |
35 |
ORDER: The Court is in receipt of the Govt's letters of
5/9/03 and 5/14/03, and deft's letters of 5/12/03 and 5/15/03. Upon review
of the letters, the Court authorizes the Govt to sell the subject 1999
Jaguar vehicle and the subject 2000 Lincoln Town Car vehicle at auction, as
proposed by the US Marshals Service, for not less than $25,000 per vehicle,
on or before 7/9/03. C/M . Signed by Judge Raymond J. Dearie on 5/20/03. (Chee,
Alvin) (Entered: 05/22/2003) |
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06/05/2003 |
36 |
NOTICE by Matthew Perry Tyson Request for Permission
to Conduct Debtor Examination of Amr Elgindy (Tyson, Matthew) (Entered:
06/05/2003) |
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06/18/2003 |
37 |
NOTICE by Matthew Perry Tyson of Letter to Messrs.
Lefcourt and Becker (Tyson, Matthew) (Entered: 06/18/2003) |
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06/20/2003 |
38 |
ORDER: The Court is in receipt of Mr. Matthew Tyson's
letter dated 6/5/03. If Mr. Elgindy is ordered by the San Diego Superior
Court to appear for a debtor examination, this Court will authorize his
appearance at such proceeding, pending written notification of and approval
from PTS. Regarding Mr. Tyson's arguments concerning the sale of vehicles
held in the civil forfeiture action, the Court invites comment from the Govt
and counsel for Mr. Elgindy. C/M . Signed by Judge Raymond J. Dearie on
6/17/03. (Chee, Alvin) (Entered: 06/20/2003) |
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07/16/2003 |
39 |
NOTICE by Matthew Perry Tyson of Request for Orders
(Tyson, Matthew) (Entered: 07/16/2003) |
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09/26/2003 |
40 |
NOTICE by Matthew Perry Tyson of Request for
Accounting of Released In Rem Defendants (Tyson, Matthew) (Entered:
09/26/2003) |
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11/26/2003 |
41 |
NOTICE by Matthew Perry Tyson of Examination of
Judgment Debtor Amr I. Elgindy (Tyson, Matthew) (Entered: 11/26/2003) |
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02/24/2004 |
42 |
STIPULATION AND ORDER for Voluntary Liquidation of
Certain Assets on Deposit with Global Securities Corporation and
Repatriation of the Proceeds to Clerk of Court Account. C/M. Signed by Judge
Raymond J. Dearie on 2/20/04. (Chee, Alvin) (Entered: 02/24/2004) |
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03/05/2004 |
43 |
STIPULATION AND ORDER for Voluntary Liquidation of
Certain Assets on Deposit with Global Securities Corporation and
Repatriation of the Proceeds to the Clerk of Court Account: Global
Securities Corporation is authorized to liquidate all securities
(approximate amount of $979,131.60) maintained by it in the following
account 019-936U-3 and remit the proceeds to the Clerk of Court. C/M. Signed
by Judge Raymond J. Dearie on 3/3/04. (Chee, Alvin) (Entered: 03/05/2004) 
 
FOR IMMEDIATE RELEASE
FRIDAY, AUGUST 20, 2004
http://www.usdoj.gov/
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CRM
PRESS CONTACT:
RANDALL SAMBORN
(312) 353-5318
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CHICAGO AND WASHINGTON, D.C., AREA MEN AMONG THREE
INDICTED IN RACKETEERING CONSPIRACY IN U.S. TO FINANCE HAMAS TERROR ABROAD
Fugitive Hamas Official In Syria Among Those
Charged
WASHINGTON D.C. - Three men associated with the foreign
terrorist organization Hamas were indicted by a federal grand jury in
Chicago for allegedly participating in a 15-year racketeering conspiracy
in the United States and abroad to illegally finance terrorist activities
in Israel, the West Bank and the Gaza Strip, including providing money for
the purchase of weapons, the Justice Department announced. All three
defendants allegedly used bank accounts in the United States to launder
millions of dollars for disbursement to support Hamas, which has publicly
claimed credit for engaging in suicide bombings that resulted in the
deaths of Israeli military personnel and civilians, as well as American
and other foreign nationals in Israel and the West Bank.
The indictment was unsealed following the arrests last night of
Muhammad Hamid Khalil Salah, of suburban Chicago, and Abdelhaleem
Hasan Abdelraziq Ashqar, of suburban Washington, D.C., while an arrest
warrant was issued for the third defendant, Mousa Mohammed Abu Marzook,
a former U.S. resident who currently resides in Damascus, Syria, and is
considered to be a fugitive from justice.
All three were charged with racketeering conspiracy for allegedly
joining with 20 identified co-conspirators - some named and some unnamed -
and others since at least 1988 in illegally conducting the affairs of
Hamas. The indictment, which for the first time identifies Hamas as a
criminal enterprise, alleges that the affairs of the enterprise were
committed through multiple acts of conspiracy to commit and solicitation
of first degree murder, conspiracy to kill, kidnap, maim or injure persons
in a foreign country, money laundering and attempt and conspiracy to do
so, obstruction of justice, providing material support or resources to
designated foreign terrorist organizations, hostage taking, forgery or
false use of a passport, structuring financial transactions and travel in
aid of racketeering.
According to the indictment, between 1989 and 1993, Salah traveled
throughout the United States and to London, Israel and the West Bank and
the Gaza Strip on behalf of Hamas, meeting with its leaders and members,
recruiting and training new members in the United States, and disbursing
money from the United States to directly support the activities of Hamas.
In January 1993, Salah was arrested while in Israel to assist Hamas, and
was incarcerated until November 1997. After being released from an Israeli
jail, Salah directed and financed the travel of a Chicago-based associate
to scout potential terrorist targets in Israel. Ashqar allegedly opened
various bank accounts in Mississippi which he utilized as a clearinghouse
for Hamas funds from Abu Marzook as well as other Hamas members and
organizations in the United States and abroad. He also maintained records
and files for Hamas in the U.S., attended a Hamas meeting in Philadelphia
in 1993, and allegedly obstructed justice by engaging in contempt of grand
juries in New York in 1998 and Chicago in 2003. Marzook allegedly
maintained and shared numerous bank accounts in the United States that
received substantial deposits from overseas and then transferred the funds
among other domestic accounts before the money was ultimately disbursed to
accounts and individuals abroad for use to further Hamas activities.
The terrorist acts for which Hamas has repeatedly and publicly claimed
credit were executed to undermine the Israeli-Palestinian peace process
and to create an Islamic Palestinian state by eliminating the State of
Israel through violent jihad carried out by Hamas’s so-called military
wing, known as Izz Al-din Al-Qassam Brigades, or simply the Al-Qassam
Brigades. Among the attacks cited in the indictment for which Hamas took
public credit were an April 1994 car bombing of a public bus in Afula,
Israel, killing eight Israelis; an October 1994 suicide bombing on a
public bus in Tel Aviv that killed 13 Israelis and a Dutch national; a
February 1996 suicide bombing on a public bus in Jerusalem that killed 24
Israelis and two Americans; a March 1996 suicide bombing on a public bus
in Jerusalem that killed eight Israelis, an Ethiopian, and seven
Romanians; a May 1996 drive-by shooting at students waiting at a public
bus stop in Beit El in the West Bank in which American student David Boim
was killed; and two suicide bombings in July 1997 in a market in Jerusalem
that killed 16 Israelis. The defendants were charged with providing money
and personnel to Hamas at a time when Hamas was engaging in those
terrorist attacks but they were not charged with direct participation in
the violence. The indictment acknowledges that Hamas has undertaken social
welfare activities but has also engaged in numerous terrorist attacks
aimed at Israeli military personnel, police officers and civilians.
In addition, Salah was charged with one count each of providing
material support and resources to a foreign terrorist organization and
obstruction of justice. Ashqar was charged with one count each of
obstruction of justice and contempt of court, both of which were contained
in an earlier version of the indictment against him alone. The five-count
superseding indictment also seeks forfeiture of approximately $2.7
million, all funds in four bank accounts and Salah’s residence in
Bridgeview, Ill.
Salah, 51, of Bridgeview, also known as Muhammad Abd Al-‘Hamid Salah,”
and “Abu Ahmad,” was arrested last night. He was expected to appear today
before U.S. Magistrate Judge Arlander Keys in U.S. District Court in
Chicago. Ashqar, 46, of Alexandria, Va., also known as “Abu Hasan,” “Abu
Ali Hasan,” and “Samir,” was arrested last night. He was expected to
appear today before a Magistrate Judge in Federal Court in Alexandria.
Marzook, 53, is also known as “Abu Omar,” “Tareq,” and “Abu Rizq,” and
formerly resided in Louisiana and northern Virginia.
“Today, terrorists have lost yet another source of financing and
support for their bombs and bloodshed,” said Attorney General John
Ashcroft. “Our record on terrorist financing is clear: We will hunt down
the suppliers of terrorist blood money. We will shut down these sources,
and we will ensure that both terrorists and their financiers meet the full
justice of the United States of America.”
Patrick J. Fitzgerald, United States Attorney for the Northern District
of Illinois, said: “We cannot allow this country to be used as a base for
funding and recruiting terrorists who engage in violence against
civilians, whether here or abroad. The three men indicted today for their
decade-long role in supporting Hamas’s terrorist activities operated on
our soil to fund and otherwise support violence in the Middle East,
including violence against civilians.”
“The Federal Bureau of Investigation thanks the Muslim and
Arab-American communities for their cooperation and assistance in the
continuing fight against terrorism,” said FBI Director Robert S. Mueller.
“We remind everyone that these communities are an important part of the
American culture and should never be judged by the illegal activities of a
few.”
The indictment identifies each defendant as follows:
Abu Marzook - formerly chief and now deputy chief of the Hamas
Political Bureau, which functions as the highest-ranking leadership body
in the Hamas organization, setting policies and guidelines regarding
Hamas’s activities, including directing and coordinating terrorist acts by
Hamas and the Al-Qassam Brigades. From 1988 until February 1993, while
living in the United States, Marzook coordinated and financed the
activities of Hamas within the United States and elsewhere, first from
Louisiana and then from Northern Virginia. During that period, he traveled
throughout the United States to meet with other American-based Hamas
members, as well as foreign-based Hamas members traveling to the United
States for organizational purposes. Abu Marzook additionally maintained
constant phone contact with Hamas membership and leadership in the United
States and abroad. During this time, he also maintained and shared
numerous bank accounts through which substantial sums of money were
transferred from bank accounts located outside the United States to other
accounts within the United States, including bank accounts controlled by
or associated with Salah, for ultimate disbursal to accounts and
individuals outside the United States for use in furtherance of Hamas; and
Salah - a member of Hamas. Between 1989 and January 1993, Salah
traveled throughout the United States and to London, Israel and the
Occupied Territories of the West Bank and the Gaza Strip on behalf of
Hamas, meeting with Hamas representatives as well as leaders and members
of the Al-Qassam Brigades, recruiting and training new members of Hamas in
the United States, and disbursing money from the United States to directly
support Hamas members and activities of Hamas and the Al-Qassam Brigades.
In January 1995, Salah admitted to an Israeli court his commission of
crimes related to his association with Hamas. Nonetheless, Salah carried
on his membership in Hamas and, after he returned to the United States,
continued his activities in support of Hamas, including directing and
financing travel to Israel and the West Bank in October 1999 of a
Chicago-based associate;
Ashqar - initially entered the United States as a graduate
student at the University of Mississippi in Oxford, Miss. From 1989,
Ashqar functioned as a conduit of money for Hamas members both in the
United States and abroad. In this role, he opened various bank accounts in
and around Oxford, Miss., which he utilized as a clearinghouse for Hamas
funds from Abu Marzook as well as other Hamas members and organizations in
the United States and abroad. Ashqar furthered these financial activities
both through the use of his personal bank accounts as well as through his
establishment of the Al-Aqsa Educational Fund, Inc. Ashqar also served as
a communications conduit for Hamas both through his participation in and
linking of telephone calls between various Hamas members in the United
States and abroad, as well as his storing and disseminating numerous Hamas-related
documents that concerned both the public activities of Hamas as well as
the internal operation of Hamas. In this role, Ashqar had contact with
numerous co-conspirators.
The alleged high-ranking Hamas leaders named in the indictment as
co-conspirators are: Khalid Mish’al, Abdel Aziz Al-Rantisi (deceased),
Imad Al-Alami, Mohammed Qassem Sawalha, Adel Ahmed Awadallah (deceased),
Salah Al-Arouri, Sheik Jamil Hamami, Hassan Salameh, Yihye Ayash, and
Ismael Selim Elbarasse.
According to the racketeering conspiracy count, in August 1992, Salah
met and conferred with Abu Marzook and Sawalha regarding the need to
revitalize Hamas terrorist operations in the West Bank. During the
meeting, Sawalha, who had been in charge of Hamas terrorist operations
within the West Bank, identified specific Hamas members who could be used
to revitalize Hamas’s terrorist activities, including Awadallah and Al-Arouri.
In September 1992, Salah traveled from Chicago to the West Bank, where
he met with Awadallah. During several meetings, Salah and Awadallah
discussed both Hamas terrorist activities | |