Case details

Court: mnd
Docket #: 0:08-cr-00206
Case Name: USA v. Mueller
PACER case #: 101231
Date filed: 2008-07-07
Date terminated: 2009-01-15
Assigned to: Judge Patrick J. Schiltz
Referred to: Magistrate Judge Franklin L. Noel

Parties

Represented Party Attorney & Contact Info
Nathan John Mueller
Defendant (1)
TERMINATED: 01/15/2009 also known as TERMINATED: 01/15/2009
Joseph P. Tamburino
Caplan & Tamburino Law Firm, PA 525 Lumber Exchange Building 10 South Fifth Street Minneapolis, MN 55402 (612) 341-4570 Fax: (612) 341-0507 Email: jtamburino@caplanlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-07-07 1 0 INDICTMENT (unsealed 7/14/08) assigned to Judge Patrick J. Schiltz referred to Magistrate Judge Franklin L. Noel by USA John R. Marti as to Nathan John Mueller (1) count 1. Forfeiture Allegations as to Count 1 of this Indictment. 5 pages (LEG) Modified on 7/14/2008 (leg). (Entered: 07/08/2008)
2008-07-09 2 0 GOVERNMENT'S EX PARTE APPLICATION FOR POST-INDICTMENT RESTRAINING ORDER AND MEMORANDUM OF LAW as to defendant Nathan John Mueller. 17pgs (LEG) (Entered: 07/11/2008)
2008-07-09 3 0 AFFIDAVIT of David Kukura by USA in Support of Application for Post-Indictment Restraining Order as to Nathan John Mueller. 21pgs (LEG) (Entered: 07/11/2008)
2008-07-10 4 0 EX PARTE POST-INDICTMENT TEMPORARY RESTRAINING ORDER signed by Judge Patrick J. Schiltz on 7/10/08 as to Nathan John Mueller. 14pgs (cc: James Alexander and John Marti in sealed envelopes) (LEG) (Entered: 07/11/2008)
2008-07-16 5 0 RESPONSE by USA re 4 Order Memorandum In Support of Continuation of Post-Indictment Restraining Order (Attachments: # 1 Certificate of Service) (Alexander, James) (Entered: 07/16/2008)
2008-07-16 6 0 NOTICE OF APPEARANCE by Sarah Beth Nelson. Gregory R. Merz representing petitioner. (MKG) Modified text on 7/16/2008 (mkg). (Entered: 07/16/2008)
2008-07-16 7 0 MEMORANDUM of Sarah Beth Nelson in Support of Petition for Relief from Temporary Restraining Order and Seizure Warrant. (Attachments: # 1 Certificate of Service) (MKG) (Entered: 07/16/2008)
2008-07-16 8 0 NOTICE of Appearance of Brian Dillon by Sarah Beth Nelson as to Nathan John Mueller (Attachments: # 1 Certificate of Service) (Merz, Gregory) (Entered: 07/16/2008)
2008-07-16 9 0 AFFIDAVIT Sarah Beth Nelson in Support of Her Petition for Relief from the Temporary Restraining Order by Sarah Beth Nelson as to Nathan John Mueller 7 Memorandum filed by Sarah Beth Nelson (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F) (Dillon, Brian) (Entered: 07/16/2008)
2008-07-16 10 0 NOTICE of Identification of Potential Witness by Sarah Beth Nelson as to Nathan John Mueller re 9 Affidavit, (Dillon, Brian) (Entered: 07/16/2008)
2008-07-17 11 0 NOTICE OF POTENTIAL WITNESSES by USA as to Nathan John Mueller (Alexander, James) (Entered: 07/17/2008)
2008-07-17 12 0 AFFIDAVIT by USA as to Nathan John Mueller 11 Notice (Other) filed by USA (Alexander, James) (Entered: 07/17/2008)
2008-07-17 13 0 Certificate of Service by USA as to Nathan John Mueller re 12 Affidavit, 11 Notice (Other).(Alexander, James) (Entered: 07/17/2008)
2008-07-17 14 0 Certificate of Service by Sarah Beth Nelson as to Nathan John Mueller re 9 Affidavit, 10 Notice (Other).(Dillon, Brian) (Entered: 07/17/2008)
2008-07-15 15 0 APPLICATION by plaintiff USA & ORDER FOR SEIZURE WARRANT with attached affidavit of David Kukura (FBI) dated 07/08/08 for Funds contained in Heritage Bank Acct Number up to the sum of $387,172.29. Signed by Magistrate Judge Jeanne J. Graham on 07/08/08. 19 pgs. (las) Modified document number on 7/18/2008 (mkg). [0:08-mj-00275-JJG] (Entered: 07/16/2008)
2008-07-15 16 0 Seizure Warrant Returned Executed on 07/11/08 as to Funds Contained in Heritage Bank Acct Number up to the Sum of $387,172.29. 2 pgs. (las) Modified document number on 7/18/2008 (mkg). [0:08-mj-00275-JJG] (Entered: 07/16/2008)
2008-07-15 17 0 APPLICATION by plaintiff USA & ORDER FOR SEIZURE WARRANT with attached affidavit of David Kukura (FBI) dated 07/08/08 for Funds contained in Thrivent Investment Management, Inc., Acct Number up to the Sum of $21,391.48. Signed by Magistrate Judge Jeanne J. Graham on 07/08/08. 19 pgs. (las) Modified document number on 7/18/2008 (mkg). [0:08-mj-00275-JJG] (Entered: 07/16/2008)
2008-07-15 18 0 Seizure Warrant Returned Executed on 07/09/08 as to Funds contained in Thrivent Investment Management, Inc., Acct Number up to the Sum of $21,391.48. 2 pgs.(las) Modified document number on 7/18/2008 (mkg). [0:08-mj-00275-JJG] (Entered: 07/16/2008)
2008-07-18 19 0 Minute Entry for proceedings held before Judge Patrick J. Schiltz: as to Nathan John Mueller. Written order will issue. (Court Reporter Debra Beauvais) (sf) (Entered: 07/18/2008)
2008-07-18 20 0 RESTRAINING ORDER as to Nathan John Mueller. Based on the government's application for a restraining order and the indictment returned on July 7, 2008 against defendant Nathan John Mueller, as well as the parties' submissions in connection with the July 18, 2008 hearing, the Court finds probable cause to enter a restraining order. See order for the details on property and persons subject to this order. Signed by Judge Patrick J. Schiltz on 07/18/08. (bjs) Regenerated NEF to USM & paper copies to Atty Scott J. Strouts & Atty Kevin Short. Modified Text on 7/18/2008 (las). (Entered: 07/18/2008)
2008-07-24 21 0 NOTICE OF APPEARANCE by Larry Rapoport and Scott J. Strouts, they shall appear as counsel of record for Richard Maurice Grand-Scrutton. (LEG) (Entered: 07/24/2008)
2008-07-24 22 0 AFFIDAVIT of Richard Grand-Scrutton. (LEG) (Entered: 07/24/2008)
2008-07-23 23 0 Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson:Initial Appearance as to Nathan John Mueller held on 7/23/2008; Retained Counsel present; Bond set as at $25,000 RPR with conditions, see Order Setting Conditions of Release (Next appearance: Motion Hearing set for 8/27/2008 09:00 AM before Magistrate Judge Franklin L. Noel.) Deft also arraigned at this hearing, see separate arraignment minutes. (Tape #249/835-1142) (las) (Entered: 07/24/2008)
2008-07-23 24 0 Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson:Arraignment as to Nathan John Mueller (1) Count 1 held on 7/23/2008; Not Guilty Plea Entered. Disclosure due by 8/1/2008. Motions due by 8/13/2008. Motion Hearing set for 8/27/2008 09:00 AM before Magistrate Judge Franklin L. Noel. Voir Dire/Jury Instructions deadline due by 9/18/2008 at 4:00 p.m. Status Conference set for 9/25/2008 09:00 AM before Judge Patrick J. Schiltz. Jury Trial set for 9/30/2008 09:00 AM before Judge Patrick J. Schiltz. counsel to be notified of addt'l dates by separate Order to be issued.(Tape #249/835-1142) (las) (Entered: 07/24/2008)
2008-07-23 25 0 ORDER Setting Conditions of Release as to Nathan John Mueller (1) $25,000 RPR. Signed by Magistrate Judge Susan R. Nelson on 7/23/08. (las) (Entered: 07/24/2008)
2008-07-23 26 0 Appearance Bond Entered as to Nathan John Mueller in amount of $25,000 RPR. (las) (Entered: 07/24/2008)
2008-07-24 27 0 ARRAIGNMENT ORDER as to Nathan John Mueller. Signed by Magistrate Judge Susan R. Nelson on 7/24/08. (las) (Entered: 07/24/2008)
2008-07-25 28 0 AFFIDAVIT of Richard Bradic Haenisch. (LEG) (Entered: 07/28/2008)
2008-07-28 29 0 AFFIDAVIT of Shawn Severson. (LEG) (Entered: 07/28/2008)
2008-07-28 30 0 AFFIDAVIT of Todd M. Heidelbauer. (LEG) (Entered: 07/29/2008)
2008-07-18 31 0 Summons Returned Executed on 7/15/08 as to Nathan John Mueller.(jdf) Modified date on 7/29/2008 (jdf). (Entered: 07/29/2008)
2008-08-01 32 0 LETTER TO DISTRICT JUDGE from Joseph P. Tamburino by Nathan John Mueller (Tamburino, Joseph) (Entered: 08/01/2008)
2008-08-06 33 0 AFFIDAVIT of Christina Broten. (LEG) (Entered: 08/06/2008)
2008-08-11 34 0 AFFIDAVIT of Anne Cammack as to Nathan John Mueller. (MKG) (Entered: 08/13/2008)
2008-08-15 35 0 Minute Entry for proceedings held before Judge Patrick J. Schiltz:Change of Plea Hearing as to Nathan John Mueller held on 8/15/2008, Guilty Plea entered to Count 1. PSI ordered. Bond continued. (Court Reporter Debra Beauvais) (sf) (Entered: 08/15/2008)
2008-08-15 36 0 PLEA AGREEMENT FILED WITH THE CLERK. (LEG) (Entered: 08/15/2008)
2008-09-14 37 0 NOTICE of Attorney Appearance by Lindsay Wagner as to Nathan John Mueller (Applebaum, Paul) (Entered: 09/14/2008)
2008-09-14 38 0 Certificate of Service by Lindsay Wagner as to Nathan John Mueller Notice of Appearance.(Applebaum, Paul) (Entered: 09/14/2008)
2008-09-14 39 0 AFFIDAVIT Lindsey Wagner by Lindsay Wagner as to Nathan John Mueller (Applebaum, Paul) (Entered: 09/14/2008)
2008-09-14 40 0 Certificate of Service by Lindsay Wagner as to Nathan John Mueller Affidavit of Lindsey Wagner.(Applebaum, Paul) (Entered: 09/14/2008)
2008-10-14 41 0 LETTER TO DISTRICT JUDGE from Joseph P. Tamburino by Nathan John Mueller Requesting Extension to File Position Pleadings (Tamburino, Joseph) (Entered: 10/14/2008)
2008-10-15 42 0 Order Extending Time for Submission of Filing Position Papers as to Nathan John Mueller re 41 Letter to District Judge filed by Nathan John Mueller The parties shall file position pleadings on or before October 24, 2008. Signed by Judge Patrick J. Schiltz on 10/15/08. (sf) (Entered: 10/15/2008)
2008-10-17 43 0 POSITION ON SENTENCING/SENTENCING MEMORANDUM by USA as to Nathan John Mueller (Attachments: # 1 Certificate of Service) (Marti, John) (Entered: 10/17/2008)
2008-10-24 44 0 POSITION ON SENTENCING/SENTENCING MEMORANDUM by Nathan John Mueller (Attachments: # 1 Certificate of Service) (Tamburino, Joseph) (Entered: 10/24/2008)
2008-10-31 45 0 STIPULATION AND MOTION FOR INTERLOCUTORY SALE OF PROPERTY by Sarah Beth Nelson, USA (Attachments: # 1 Certificate of Service) (Alexander, James) (Entered: 10/31/2008)
2008-11-03 46 0 ORDER APPROVING INTERLOCUTORY SALE OF REAL PROPERTY as to Nathan John Mueller re 45 Stipulation filed by Sarah Beth Nelson and USA.. Signed by Judge Patrick J. Schiltz on 11/03/08. (sf) Regenerated NEF to FLU, Ct. Fncl & USM. Modified Text on 11/4/2008 (las). (Entered: 11/03/2008)
2008-11-24 47 0 MOTION FOR PRELIMINARY ORDER OF FORFEITURE by USA as to Nathan John Mueller. (Alexander, James) (Entered: 11/24/2008)
2008-11-24 48 0 AFFIDAVIT in Support by USA as to Nathan John Mueller re 47 MOTION FOR PRELIMINARY ORDER OF FORFEITURE of David Kukura (Alexander, James) (Entered: 11/24/2008)
2008-11-24 49 0 DOCUMENT FILED IN ERROR, WILL RE-FILE. Certificate of Service by USA as to Nathan John Mueller re 48 Affidavit in Support of Motion, 47 MOTION FOR PRELIMINARY ORDER OF FORFEITURE.(Alexander, James) Modified on 11/24/2008 (JME). (Entered: 11/24/2008)
2008-11-24 50 0 Certificate of Service by USA as to Nathan John Mueller re 48 Affidavit in Support of Motion, 47 MOTION FOR PRELIMINARY ORDER OF FORFEITURE Amended.(Alexander, James) (Entered: 11/24/2008)
2008-11-24 51 0 ORDER granting 47 Motion for Preliminary Order of Forfeiture as to Nathan John Mueller (1). Signed by Judge Patrick J. Schiltz on 11/24/08. (sf) (Entered: 11/24/2008)
2008-12-22 52 0 PETITION of HSBC Auto Finance for Remission or Mitigation of Forfeiture as to Nathan John Mueller (Attachments: # 1 Exhibits in Support of Petition) (MKG) (Entered: 12/23/2008)
2008-12-23 53 0 PETITION of the County of Hennepin as to Nathan John Mueller (Attachments: # 1 Certificate of Service) (MKG) (Entered: 12/24/2008)
2009-01-02 54 0 PETITION of Sarah Beth Nelson (Attachments: # 1 Exhibit(s) A) (Dillon, Brian) Modified ECF Event on 1/8/2009 (mkg). (Entered: 01/02/2009)
2009-01-02 55 0 AFFIDAVIT Sarah Beth Nelson by Sarah Beth Nelson as to Nathan John Mueller 54 Petition (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C-H) (Dillon, Brian) (Entered: 01/02/2009)
2009-01-02 56 0 Certificate of Service by Sarah Beth Nelson as to Nathan John Mueller re 55 Affidavit, 54 Petition.(Dillon, Brian) (Entered: 01/02/2009)
2009-01-05 57 0 DOCUMENT FILED IN ERROR - INCORRECT EVENT USED. PETITION of City-County Federal Credit Union (Mosher, Lee) Modified on 1/8/2009 (leg). (Entered: 01/05/2009)
2009-01-06 58 0 PETITION by City-County Federal Credit Union for Hearing as to defendant Nathan John Mueller (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Certificate of Service) (LEG) (Entered: 01/08/2009)
2009-01-12 59 0 Minute Entry for proceedings held before Judge Patrick J. Schiltz:Sentencing held on 1/12/2009 for Nathan John Mueller. (Court Reporter Debra Beauvais) (sf) (Entered: 01/12/2009)
2009-01-15 60 0 SENTENCING JUDGMENT as to Nathan John Mueller (1). SENTENCED as to count 1. Custody of BOP for 97 months; 3 years supervised release; $100 special assessment; restitution to be determined. Signed by Judge Patrick J. Schiltz on 1/15/09. (BJS) (Entered: 01/15/2009)
2009-02-05 61 0 PETITION OF VILLAGE OF SHINGLE CREEK MASTER ASSOCIATION FOR HEARING as to Nathan John Mueller (Attachments: # 1 Verification of Nick Sosso, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Certificate of Service) (LEG) (Entered: 02/06/2009)
2009-03-10 62 0 LETTER TO DISTRICT JUDGE from John R. Marti by USA (Attachments: # 1 Certificate of Service) (Marti, John) (Entered: 03/10/2009)
2009-03-12 63 0 Minute Entry for restitution proceedings held before Judge Patrick J. Schiltz: as to Nathan John Mueller. Restitution is ordered in the amount of $8,455,784.55. The Clerk of Court is directed to amend the Judgment and Commitment. (Court Reporter Debra Beauvais) (sf) (Entered: 03/13/2009)
2009-03-13 64 0 AMENDED SENTENCING JUDGMENT as to Nathan John Mueller (1). SENTENCED as to count 1. Custody of BOP for 97 months; 3 years supervised release; $100 special assessment; $8,455,784.55 restitution. Signed by Judge Patrick J. Schiltz on 3/13/09. (BJS) (Entered: 03/13/2009)
2009-03-12 65 0 Judgment Returned Executed as to Nathan John Mueller on 02/17/09 to FPC, Duluth.(las) (Entered: 03/18/2009)
2009-04-09 66 0 STIPULATION signed by Joseph P. Tamburino, James L. Volling, and John R. Marti in re ING Direct Accounts. (BJS) (Entered: 04/10/2009)
2009-04-09 67 0 STIPULATION signed by Joseph P. Tamburino, James L. Volling, and John R. Marti in re Wells Fargo Accounts. (BJS) (Entered: 04/10/2009)
2009-04-09 68 0 STIPULATION signed by Joseph P. Tamburino, James L. Volling, and John R. Marti in re ING Americas Savings Plan and ESOP. (BJS) (Entered: 04/10/2009)
2009-04-17 69 0 VERIFIED CLAIM OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (Attachments: # 1 Verified Claim, # 2 Exhibit A, # 3 Exhibit B, # 4 Affidavit of Service) (LEG) (Entered: 04/17/2009)
2009-05-11 70 0 ORDER as to Nathan John Mueller re 66 Stipulation. See Order for details. Signed by Judge Patrick J. Schiltz on 05/11/09. (BJS) (Entered: 05/11/2009)
2009-05-11 71 0 ORDER as to Nathan John Mueller re 67 Stipulation. See Order for details. Signed by Judge Patrick J. Schiltz on 05/11/09. (BJS) (Entered: 05/11/2009)
2009-05-11 72 0 ORDER as to Nathan John Mueller re 68 Stipulation. See Order for details. Signed by Judge Patrick J. Schiltz on 05/11/09. (BJS) (Entered: 05/11/2009)
2009-06-08 73 0 STIPULATION FOR DISMISSAL WITH PREJUDICE by USA and Mortgage Electronic Registration Systems, Inc. (Weaver, Leah) Modified text on 6/9/2009 (mkg). (Entered: 06/08/2009)
2009-06-09 74 0 ORDER OF DISMISSAL OF VERIFIED CLAIM re 69 Verified Claim of Mortgage Electronic Registration Systems, Inc. Signed by Judge Patrick J. Schiltz on 06/09/09. (BJS) (Entered: 06/09/2009)
2009-07-14 75 0 Certificate of Service by USA as to Nathan John Mueller.(Alexander, James) (Entered: 07/14/2009)
2009-07-14 76 0 Certificate of Service by USA as to Nathan John Mueller.(Alexander, James) (Entered: 07/14/2009)
2009-07-14 77 0 DECLARATION OF PUBLICATION by USA as to Nathan John Mueller (Attachments: # 1 Attachment 1) (Alexander, James) (Entered: 07/14/2009)
2009-07-14 78 0 STIPULATION FOR PAYMENT OF REAL ESTATE TAXES by County of Hennepin, USA (Alexander, James) (Entered: 07/14/2009)
2009-07-14 79 0 STIPULATION FOR SETTLEMENT by Sarah Beth Nelson, USA (Alexander, James) (Entered: 07/14/2009)
2009-07-14 80 0 MOTION FOR FINAL ORDER OF FORFEITURE by USA as to Nathan John Mueller. (Alexander, James) (Entered: 07/14/2009)
2009-07-14 81 0 Certificate of Service by USA as to Nathan John Mueller re 80 MOTION FOR FINAL ORDER OF FORFEITURE.(Alexander, James) (Entered: 07/14/2009)
2009-07-20 82 0 ORDER - The government's motion for a final order of forfeiture 80 is GRANTED.The petition of third party Sarah Beth Nelson 54 is DISMISSED AS MOOT. The petition of third party HSBC Auto Finance 52 is DISMISSED AS MOOT. The Restraining Order entered in this action on July 18, 2008 20 is DISSOLVED insofar as it relates to the assets listed in this order, which are NO LONGER RESTRAINED. The Court's November 24, 2008 preliminary order of forfeiture 51 is VACATED IN PART with respect to the 2003 Lincoln Aviator Sport Utility Vehicle, VIN 5LMEU78H93ZJ42255, identified in paragraph 2.o. of that order.SEE ORDER FOR COMPLETE DETAILS. Signed by Judge Patrick J. Schiltz on 7/20/09. (bjs) (Grzybek, Mary Kay). (Entered: 07/20/2009)
2009-10-09 83 0 DECLARATION OF PUBLICATION by USA as to Nathan John Mueller (Attachments: # 1 Attachment 1) (Alexander, James) (Entered: 10/09/2009)
2010-03-08 84 0 ORDER TO REPLACE IDENTITY OF RESTITUTION PAYEE as to Nathan John Mueller. IT IS THEREBY ORDERED that counsel for plaintiff and defendant may object to ING's request by filing an objection in writing no later than March 22, 2010.IT IS FURTHER ORDERED that if the Court receives no objections, the Clerk of Court must direct all future restitution payments received for ING Reinsurance Corporation to: Chartis International, LLC, Claim No. 344-001374; for "Recovery Purposes," Attn: Patrick Lamattina, 32 Old Slip, 6th Floor,New York, NY 10005. Signed by Judge Patrick J. Schiltz on 3/8/10. (sf). Regen NEF: PR, FLU & CT FNCL Modified text on 3/9/2010 (las). (Entered: 03/08/2010)
2010-06-23 85 0 DECLARATION OF PUBLICATION by USA as to Nathan John Mueller (Attachments: # 1 Attachment 1) (Alexander, James) (Entered: 06/23/2010)
2010-06-23 86 0 MOTION FOR FINAL ORDER OF FORFEITURE by USA as to Nathan John Mueller. (Alexander, James) (Entered: 06/23/2010)
2010-06-23 87 0 Certificate of Service by USA as to Nathan John Mueller re 86 MOTION FOR FINAL ORDER OF FORFEITURE.(Alexander, James) (Entered: 06/23/2010)
2010-06-24 88 0 STIPULATION FOR PAYMENT OF ASSOCIATION FEES AND SPECIAL ASSESSMENTS by USA, Village of Shingle Creek Master Association (Alexander, James) (Entered: 06/24/2010)
2010-06-24 89 0 STIPULATION EXPEDITED SETTLEMENT AGREEMENT by USA, City-County Federal Credit Union (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2) (Alexander, James) (Entered: 06/24/2010)
2010-06-25 90 0 SECOND FINAL ORDER OF FORFEITUREgranting 86 Motion for Final Order of Forfeiture; granting 53 Petition of Hennepin County; granting 58 Petition of City-County Federal Credit Union; granting 61 Petition of Village of Shingle Creek Master Association. The Court's November 24, 2008 preliminary order of forfeiture 51 is VACATED IN PART with respect to Vanguard Group, Inc. IRA Account as to Nathan John Mueller (1). Signed by Judge Patrick J. Schiltz on 6/25/10. **Pursuant to Fed.R.Crim.P. 49.1, an unredacted version of this document has been filed under seal with the Clerk. Receipt of sealed document(s) on 6/25/10. (MKG) (Entered: 06/25/2010)