Case details

Court: mad
Docket #: 1:14-cr-10329
Case Name: USA v. Brazil
PACER case #: 165358
Date filed: 2014-11-06
Date terminated: 2016-06-03
Assigned to: Judge Richard G. Stearns

Parties

Represented Party Attorney & Contact Info
Thomas Brazil
Defendant (1)
TERMINATED: 06/03/2016		 
Stephen Neyman
Attorney at Law
100 State Street
Suite 300
Boston, MA 02109-2418
617-263-6800
Fax: 617-722-0144
Email: steve@neymanlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Charles P. McGinty
Federal Public Defender Office
District of Massachusetts
51 Sleeper Street
5th Floor
Boston, MA 02210
617-223-8061
Fax: 617-223-8080
Email: charles_mcginty@fd.org
TERMINATED: 08/22/2014
Designation: Public Defender or Community Defender Appointment

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2014-07-08 1 0 ELECTRONIC NOTICE of Case Assignment as to Thomas Brazil; Magistrate Judge Jennifer C. Boal assigned to case. (Abaid, Kimberly) [1:14-mj-07113-MBB] (Entered: 07/08/2014)
2014-07-08 2 0 COMPLAINT (Attachments: # 1 Affidavit, # 2 JS45) (York, Steve) [1:14-mj-07113-MBB] (Entered: 07/08/2014)
2014-07-08 3 0 Motion to Seal Case as to Thomas Brazil by USA. (York, Steve) [1:14-mj-07113-MBB] (Entered: 07/08/2014)
2014-07-08 4 0 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 3 Motion to Seal Case as to Thomas Brazil (1) (York, Steve) [1:14-mj-07113-MBB] (Entered: 07/08/2014)
2014-07-08 5 0 Arrest Warrant Issued by Magistrate Judge Jennifer C. Boal as to Thomas Brazil. (York, Steve) [1:14-mj-07113-MBB] (Entered: 07/08/2014)
2014-07-09 6 0 MOTION to Unseal Case as to Thomas Brazil by USA. (York, Steve) [1:14-mj-07113-MBB] (Entered: 07/09/2014)
2014-07-09 7 0 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 6 Motion to Unseal Case as to Thomas Brazil. (York, Steve) [1:14-mj-07113-MBB] (Entered: 07/09/2014)
2014-07-09 8 0 ELECTRONIC NOTICE OF HEARING for Initial Appearance as to Thomas Brazil. The Initial Appearance Hearing is set for 7/9/2014 at 2:15 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve) [1:14-mj-07113-MBB] (Entered: 07/09/2014)
2014-07-09 9 0 ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Initial Appearance as to Thomas Brazil held on 7/9/2014. The Court advised the defendant of his rights and the charges. The Court appointed counsel FPD McGinty provisionally, subjected to receiving and review a financial affidavit. The government stated the maximum penalties and did not seek detention. The government agreed to the proposed conditions of release. The defendant provisionally agreed to the proposed conditions subjected to a further hearing on the matter. The Court advised the defendant of his rights and his Conditions of Release. The Court conducts a colloquy. The Court released the defendant on conditions subjected to a further Bail Review Hearing. A further Bail Review Hearing is set for 7/11/2014 at 11:30 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (Attorneys present: Walters for Gov't; McGinty for Deft; Reveria for PBO;.)Court Reporter Name and Contact or digital recording information: Digital Recording - for transcripts/CDs contact Deborah Scalfani (deborah_scalfani@mad.uscourts.gov). (York, Steve) [1:14-mj-07113-MBB] (Entered: 07/09/2014)
2014-07-09 10 0 Magistrate Judge Jennifer C. Boal: ORDER entered. ORDER Setting Conditions of Release as to Thomas Brazil. (York, Steve) [1:14-mj-07113-MBB] (Entered: 07/09/2014)
2014-07-09 11 0 Secured Appearance Bond Entered as to Thomas Brazil in amount of $ $100,000.00, (York, Steve) [1:14-mj-07113-MBB] (Entered: 07/09/2014)
2014-07-10 12 0 Magistrate Judge Jennifer C. Boal: ORDER entered. ORDER APPOINTING FEDERAL DEFENDER PROGRAM as to Thomas Brazil (O'Keefe, Marie) [1:14-mj-07113-MBB] (Entered: 07/10/2014)
2014-07-11 13 0 ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Bail Review Hearing as to Thomas Brazil held on 7/11/2014. The defendant has agreed to a $100,000 bond, secured by a lien on his Topsfield, Massachusetts home. The Defendant shall file the required paperwork no later than July 18, 2014. The Defendant requested additional time to file a financial affidavit. The Court provisionally appointed Federal Defender McGinty pending submission of a financial affidavit no later than July 30, 2014. Defendant's conditions of release are modified as follows: Travel restricted to Massachusetts, except that with one week notice to Pretrial Services and the government, he may travel to the New England states with the permission of Pretrial Services. Any other travel requires court approval. The Probable Cause Hearing is set for 7/30/2014 at 3:30 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (Attorneys present: Walters for Gov't; McGinty for Deft; Reveria for PBO;.) Court Reporter Name and Contact or digital recording information: Digital Recording - for transcripts/CDs contact Deborah Scalfani (deborah_scalfani@mad.uscourts.gov). (York, Steve) [1:14-mj-07113-MBB] (Entered: 07/11/2014)
2014-07-11 14 0 Magistrate Judge Jennifer C. Boal: ORDER entered. Amended Order Setting Conditions of Release as to Thomas Brazil. (York, Steve) [1:14-mj-07113-MBB] (Entered: 07/11/2014)
2014-07-28 15 0 NOTICE OF ATTORNEY APPEARANCE: Stephen Neyman appearing for Thomas Brazil. Type of Appearance: Retained. (Neyman, Stephen) [1:14-mj-07113-MBB] (Entered: 07/28/2014)
2014-07-28 16 0 MOTION to Continue as to Thomas Brazil. (Neyman, Stephen) [1:14-mj-07113-MBB] (Entered: 07/28/2014)
2014-07-28 17 0 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 16 Motion to Continue as to Thomas Brazil. The Probable Cause Hearing has been rescheduled for 9/9/2014 at 2:00 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve) [1:14-mj-07113-MBB] (Entered: 07/28/2014)
2014-07-29 18 0 MOTION to Withdraw as Attorney by Charles P. McGinty as to Thomas Brazil. (McGinty, Charles) [1:14-mj-07113-MBB] (Entered: 07/29/2014)
2014-08-04 19 0 NOTICE OF ATTORNEY APPEARANCE Eric A. Forni appearing for USA. (Forni, Eric) [1:14-mj-07113-MBB] (Entered: 08/04/2014)
2014-08-13 20 0 Arrest Warrant Returned Executed on 7/9/2014 as to Thomas Brazil. (York, Steve) [1:14-mj-07113-MBB] (Entered: 08/13/2014)
2014-08-22 21 0 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting 18 Motion to Withdraw as Attorney. Attorney Charles P. McGinty terminated as to Thomas Brazil (1) (York, Steve) [1:14-mj-07113-MBB] (Entered: 08/22/2014)
2014-09-09 22 0 ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Preliminary Hearing as to Thomas Brazil held on 9/9/2014. Defense counsel requested a continuation of the Probable Cause Hearing. The Court granted the request. The Court addressed a potential recusal of the case. A further Probable Cause Hearing is set for 9/11/2014 at 10:45 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (Attorneys present: Forni for Gov't; Neyman for the Deft;.) Court Reporter Name and Contact or digital recording information: Digital Recording - for transcripts or CDs email Deborah Scalfani (deborah_scalfani@mad.uscourts.gov). (York, Steve) [1:14-mj-07113-MBB] (Entered: 09/09/2014)
2014-09-11 23 0 ELECTRONIC Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Probable Cause Hearing as to Thomas Brazil held on 9/11/2014. The Court addressed the parties as to the status of the scheduled probable cause hearing. Defense counsel requested that the Court put off the hearing in order for the parties to arrange a possible resolution of the case. The Court conducted a colloquy. The defendant's pretrial conditions of release remains in effect. (Attorneys present: Forni for Gov't; Neyman for the Deft;. )Court Reporter Name and Contact or digital recording information: Digital Recording - for transcripts or CDs email Deborah Scalfani (deborah_scalfani@mad.uscourts.gov). (York, Steve) [1:14-mj-07113-MBB] (Entered: 09/11/2014)
2014-10-07 24 0 Magistrate Judge Jennifer C. Boal: ORDER entered. ORDER OF RECUSAL in case as to Thomas Brazil. (York, Steve) [1:14-mj-07113-MBB] (Entered: 10/07/2014)
2014-10-07 25 0 Notice of Reassignment as to Thomas Brazil. Magistrate Judge Marianne B. Bowler added. Magistrate Judge Jennifer C. Boal no longer assigned to case. (Abaid, Kimberly) [1:14-mj-07113-MBB] (Entered: 10/07/2014)
2014-11-06 26 0 INFORMATION (Felony) as to Thomas Brazil (1) count(s) 1, 2, 3. (Attachments: # 1 JS45)(Alves-Baptista, Antonia) (Entered: 11/07/2014)
2014-11-07 27 0 ELECTRONIC NOTICE of Case Assignment as to Thomas Brazil; Judge Richard G. Stearns assigned to case. (Abaid, Kimberly) (Entered: 11/07/2014)
2014-11-10 28 0 ELECTRONIC NOTICE OF HEARING as to Thomas Brazil.Waiver of Indictment and Plea to Information hearing set for 12/19/2014 at 11:00 AM in Courtroom 21 before Judge Richard G. Stearns. You are directed to contact Probation & Pretrial Services at least 48 hours in advance of the hearing at 617-748-4659 and reference your case number and name for assistance. (Seelye, Terri) (Entered: 11/10/2014)
2014-12-01 29 0 ELECTRONIC NOTICE OF RESCHEDULING, as to TIME, only, as to Thomas Brazil Waiver of Indictment and Plea to Information set for 12/19/2014 at 12:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) Modified text on 12/11/2014 (Seelye, Terri). (Entered: 12/01/2014)
2014-12-19 33 0 WAIVER OF INDICTMENT by Thomas Brazil (Seelye, Terri) (Entered: 12/19/2014)
2014-12-19 34 0 ELECTRONIC Clerk's Notes for proceedings held before Judge Richard G. Stearns:Rule 11 Hearing as to Thomas Brazil held on 12/19/2014. Defendant sworn; colloquy conducted; waiver executed; Guilty Plea entered by Thomas Brazil (1) as to Counts 1,2,3; Request to amend the Appearance Bond to $100,000.00 UNSECURED, granted; sentencing set for December 2015; defendant released on previously set conditions & amended bond. (Attorneys present: AUSA Forni, Walters; Neyman)Court Reporter Name and Contact or digital recording information: Debra Joyce (joycedebra@gmail.com). (Seelye, Terri) (Entered: 12/19/2014)
2014-12-19 35 0 AMENDED Appearance Bond Entered as to Thomas Brazil in amount of $ $100,000.00 Unsecured. (Seelye, Terri) (Entered: 12/19/2014)
2014-12-19 36 0 Judge Richard G. Stearns: ORDER entered. PROCEDURAL ORDER re sentencing hearing as to Thomas Brazil. Sentencing set for 12/2/2015 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) (Entered: 12/19/2014)
2015-02-13 37 0 First MOTION to Modify Conditions of Release as to Thomas Brazil. (Neyman, Stephen) (Entered: 02/13/2015)
2015-02-17 38 0 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 37 Motion to Modify Conditions of Release, allowing defendant to travel to Sarasota, Florida, as to Thomas Brazil (1). (Seelye, Terri) (Entered: 02/17/2015)
2015-03-16 39 0 Transcript of Change of Plea as to Thomas Brazil held on December 19, 2014, before Judge Richard G. Stearns. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 4/6/2015. Redacted Transcript Deadline set for 4/16/2015. Release of Transcript Restriction set for 6/15/2015. (Scalfani, Deborah) (Entered: 03/16/2015)
2015-03-16 40 0 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 03/16/2015)
2015-10-13 41 0 ELECTRONIC NOTICE OF RESCHEDULING, at the request of the parties and in light of a court conflict, as to Thomas Brazil. Sentencing RESET for 6/2/2016 at 2:00 PM in Courtroom 21 before Judge Richard G. Stearns. (Seelye, Terri) (Entered: 10/13/2015)
2016-05-23 42 0 MOTION for Forfeiture of Property (Money Judgment) as to Thomas Brazil by USA. (Attachments: # 1 Text of Proposed Order (Money Judgment))(Rachal, Doreen) (Entered: 05/23/2016)
2016-05-24 43 0 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 42 Motion for Forfeiture of Property as to Thomas Brazil (1). (Seelye, Terri) (Entered: 05/25/2016)
2016-05-24 44 0 Judge Richard G. Stearns: ORDER of FORFEITURE OF PROPERTY (Money Judgment) as to Thomas Brazil. (Seelye, Terri) (Entered: 05/25/2016)
2016-05-31 45 0 MOTION to Seal attached sentencing memorandum as to Thomas Brazil by USA, FILED UNDER SEAL. (Flaherty, Elaine) (Entered: 05/31/2016)
2016-05-31 46 0 SENTENCING MEMORANDUM by USA as to Thomas Brazil, FILED UNDER SEAL (Flaherty, Elaine) (Entered: 05/31/2016)
2016-05-31 47 0 MOTION to Seal attached defendant's sentencing memorandumas to Thomas Brazil, FILED UNDER SEAL. (Flaherty, Elaine) (Entered: 06/01/2016)
2016-05-31 48 0 SENTENCING MEMORANDUM by Thomas Brazil, FILED UNDER SEAL (Attachments: # 1 letters of support)(Flaherty, Elaine) (Entered: 06/01/2016)
2016-06-01 49 0 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 45 and 47 Motions to Seal as to Thomas Brazil (1). (Seelye, Terri) (Entered: 06/01/2016)
2016-06-01 50 0 SENTENCING MEMORANDUM by USA as to Thomas Brazil (Walters, Sarah) (Entered: 06/01/2016)
2016-06-02 51 0 Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns: Sentencing held on 6/2/2016 for Thomas Brazil (1), Count(s) 1, 2, 3, Defendant sentenced to 1 day as to each of Counts 1, 2, and 3, to be served concurrently (discharged by defendants appearance); 3 years Supervised Release as to each of Counts 1, 2 and 3 to run concurrently; $300.00 Special Assessment; No Fine; $231,140.00 Restitution, joint & severally with US v. Flaherty 14CR10330-PBS and US v. Weed 14CR10348-DPW; defendant released & instructed to report to U.S. Probation immediately. (Attorneys present: AUSA Walters, Forni; Atty Neyman for deft; USPO Broquist)Court Reporter Name and Contact or digital recording information: James Gibbons at jmsgibbons@yahoo.com. (Seelye, Terri) (Entered: 06/02/2016)
2016-06-03 52 0 Judge Richard G. Stearns: ORDER entered. JUDGMENT as to Thomas Brazil (1), Count(s) 1, 2, 3, Defendant sentenced to One day as to each of Counts 1, 2, and 3, to be served concurrently; 3 years Supervised Release as to each of Counts 1, 2 and 3 to run concurrently; $300.00 Special Assessment; No Fine; $231,140.00 Restitution, joint & severally. (Attachments: # 1 Order of Forfeiture) (Seelye, Terri) (Entered: 06/06/2016)