Case details

Court: nyed
Docket #: 2:13-cr-00144
Case Name: USA v. Borukhov et al
PACER case #: 340027
Date filed: 2013-03-06
Date terminated: 2014-03-07
Assigned to: Judge Sandra J. Feuerstein
Referred to: Magistrate Judge A. Kathleen Tomlinson

Parties

Represented Party Attorney & Contact Info
Markiel Borukhov
Defendant (2)
TERMINATED: 03/07/2014 also known asMark Borukhov TERMINATED: 03/07/2014		 
Edward John Nitkewicz
The Sanders Law Firm
100 Herricks Road
Mineola, NY 11501
516-741-5252
Email: enitkewicz@thesandersfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Ephraim Savitt
Ephraim Savitt, Attorney at Law
260 Madison Avenue
22nd Floor
New York, NY 10016
212-679-4470
Fax: 212-679-6770
Email: Ephraim@savittesq.com
LEAD ATTORNEY

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-08-23 1 0 SEALED COMPLAINT as to Amner A. Borukhov (1), Markiel Borukhov (2). (Talbott, Thomas) [2:11-mj-00866-WDW] (Entered: 08/31/2011)
2011-09-07 4 0 MOTION to Unseal Case . Filed by USA as to Amner A. Borukhov, Markiel Borukhov. (Montero, Edher) [2:11-mj-00866-WDW] (Entered: 09/07/2011)
2011-09-07 5 0 ORDER granting 4 Motion to Unseal Case as to Amner A. Borukhov (1), Markiel Borukhov (2) (Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/7/11). (Montero, Edher) [2:11-mj-00866-WDW] (Entered: 09/07/2011)
2012-06-15 6 0 AFFIDAVIT of Peter Brady in Support of Request for Extradition by USA as to Amner A. Borukhov, Markiel Borukhov signed and sworn before magistrate Judge A. Kathleen Tomlinson on 6/15/2012. (Ryan, Mary) [2:11-mj-00866-WDW] (Entered: 06/21/2012)
2012-06-15 7 0 AFFIDAVIT of Christopher Caffarone in Support of Request for Extradition by USA as to Amner A. Borukhov, Markiel Borukhov signed and sworn before Magistrate Judge A. Kathleen Tomlinson on 6/15/2012. (Ryan, Mary) [2:11-mj-00866-WDW] (Entered: 06/21/2012)
2013-02-20 8 0 Minute Entry for proceedings held before Magistrate Judge Gary R. Brown: Dft Amner Borukhov present in custody with retained counsel Ed Jenks. Dft Markiel Borukhov present in custody with retained counsel Edward Nitkewicz. Govt: AUSA Charlie Kelly for Chris Caffarone. Bond Hearing as to Amner A. Borukhov, Markiel Borukhov held on 2/20/2013. Bail application denied. Defendants remanded to the custody of the US Marshals. (Brienza, Lauren) [2:11-mj-00866-WDW] (Entered: 02/20/2013)
2013-02-08 9 0 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Arraignment and Initial Appearance as to Amner A. Borukhov (1) Count Complaint and Markiel Borukhov (2) Count Complaint held on 2/8/2013. Appearances: for Government: Christopher Caffarone; for defendant Amner Borukhov: Edward Jenks (retained); for defendant Markiel Borukhov: Edward Nitkewicz (retained); Pretrial: Christina Bourque and Robert Stehle. Preliminary Hearing Waiver executed for both defendants. Permanant Order of Detention entered for both defendants. No bail backage presented at this time as to both defendants. Defendants' rights are reserved to submit a bail package at a later date. Notice of Appearance handed up as to both defendants.(FTR: 1:51-2:06.) (Ryan, Mary) [2:11-mj-00866-WDW] (Entered: 02/21/2013)
2013-02-08 11 0 CJA 23 Financial Affidavit by Markiel Borukhov (Ryan, Mary) [2:11-mj-00866-WDW] (Entered: 02/21/2013)
2013-02-08 13 0 NOTICE OF ATTORNEY APPEARANCE: Edward Nitkewicz appearing for Markiel Borukhov (Ryan, Mary) [2:11-mj-00866-WDW] (Entered: 02/21/2013)
2013-02-08 15 0 WAIVER of Preliminary Hearing by Markiel Borukhov. (Ryan, Mary) [2:11-mj-00866-WDW] (Entered: 02/21/2013)
2013-02-08 17 0 PERMANENT ORDER OF DETENTION as to Markiel Borukhov. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/8/2013. (Ryan, Mary) [2:11-mj-00866-WDW] (Entered: 02/21/2013)
2013-03-06 18 0 INDICTMENT as to Amner A. Borukhov (1) count(s) 1, 2-7, 8-13, Markiel Borukhov (2) count(s) 1, 2-7, 8-13. (Attachments: # 1 Criminal Information Sheet) (McMahon, Carol) (Entered: 03/08/2013)
2013-03-20 19 0 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference, Arraignment as to Amner A. Borukhov (1) Count 1,2-7,8-13 and Markiel Borukhov (2) Count 1,2-7,8-13 held on 3/20/2013, Plea entered by Amner A. Borukhov, Markiel Borukhov Not Guilty on counts 1-8. Appearances: Defendant Amner A. Borukhov present in custody with retained counsel Edward Jenks. Defendant Markiel Borukhov present in custody with retained cousel Edward Nitkewicz present. For the Government AUSA Chris Caffarone present. Case called. Defendant appears with counsel. Speedy Trial Info for Deft: XT Start: 3/20/2013; Stop:4/30/2013. In the interest of justice as stated on the record and with consent of the parties. Further Status Conference set for 4/30/2013 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein. Defendants' Sworn, arraigned. Defendants enter a plea of not guilty. (Court Reporter P. Auerbach.) (Padilla, Kristin) (Entered: 03/25/2013)
2013-04-23 23 0 NOTICE OF ATTORNEY APPEARANCE: Ephraim Savitt appearing for Markiel Borukhov (Savitt, Ephraim) (Entered: 04/23/2013)
2013-04-30 24 0 Minute Entry for proceedings held before Judge Sandra J. Feuerstein:Status Conference as to Amner A. Borukhov, Markiel Borukhov held on 4/30/2013. Apperances: Deft Amner A. Borukhov present in custody with retained counsel Jacob Laufer. Deft Markiel Borukhov present in custody with retained counsel Edward Nitkewicz and Ephraim Savitt present. Case called. Deft appears with counsel. Status conference held. Speedy Trial Info: Start: 4/30/2013 Stop: 6/13/2013. Further Status Conference set for 6/13/2013 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein. (Court Reporter Maryanne Steiger.) (Padilla, Kristin) (Entered: 05/02/2013)
2013-05-02 25 0 NOTICE - Proposed Order - of Substitution of Attorney as to Markiel Borukhov (Savitt, Ephraim) (Entered: 05/02/2013)
2013-06-13 26 0 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference as to Amner A. Borukhov, Markiel Borukhov held on 6/13/2013. Case called. Counsel present without defts. Status conference for defts held. Speedy trial info for defts: Start: 6/13/2013; Stop: 7/23/2013; Cod type: In the interest of justice as stated on the record, and with consent of the parties. Further status conference set for 7/23/2013 at 11:15 am. Defts not produced by the government. Defense counsel waives their clients' appearance for this conference. (Court Reporter Perry Auerbach.) (Florio, Lisa) (Entered: 06/17/2013)
2013-07-23 27 0 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference as to Amner A. Borukhov, Markiel Borukhov held on 7/23/2013. Case called. Defts appear with counsel. Status conference for defts held. Speedy trial info for defts: Start: 7/24/2013; Stop: 10/1/2013; Code type: In the interest of justice as stated on the record, and with consent of the parties. Further status conference set for 10/1/2013 at 11:15 am.(Court Reporter Stephanie Picozzi.) (Florio, Lisa) (Entered: 07/25/2013)
2013-09-30 29 0 Letter - Request to Adjourn Tomorrow's Status Conference as to Markiel Borukhov (Savitt, Ephraim) (Entered: 09/30/2013)
2013-09-30 31 0 ORDER as to Markiel Borukhov re 29 Letter - Request to Adjourn Tomorrow's Status Conference. SO ORDERED that the application is granted on consent. Time is waived. Ordered by Judge Sandra J. Feuerstein on 9/30/2013. (Florio, Lisa) (Entered: 10/01/2013)
2013-10-16 32 0 Proposed MOTION for Forfeiture of Property by USA as to Amner A. Borukhov, Markiel Borukhov. (Attachments: # 1 Proposed Order, # 2 Proposed Order) (Morris, Brian) (Entered: 10/16/2013)
2013-10-08 35 0 ORDER REFERRING CASE to Magistrate Judge A. Kathleen Tomlinson as to Markiel Borukhov. SO ORDERED that the Court refers the matter to Magistrate Judge A. Kathleen Tomlinson to administer the allocution pursuant to F.R. Crim. P. Rule 11, and to make (a) a finding as to whether the plea is knowingly and voluntarily made and not coerced, and (b) a recommendation as to whether the plea of guilty should be accepted. Ordered by Judge Sandra J. Feuerstein on 10/8/2013. (Florio, Lisa) (Entered: 10/18/2013)
2013-10-09 36 0 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Change of Plea Hearing as to Markiel Borukhov held on 10/9/2013. Case called. Counsel for all sides present. Deft states his true name to be Markiel Borukhov. Deft withdraws not guilty plea and enters a plea of guilt to Count 1 of the 13 count indictment. Court finds factual basis for the plea and recommends guilty plea be accepted by the District Court. Sentence date before District Judge Sandra J. Feuerstein to be set by Probation. Probation notification form returned to Probation Dept. Deft continued in custody. Other: Referral order by Judge Feuerstein received and signed by all parties present. Transcript of proceeding ordered for District Judge Feuerstein. (Tape #FTR: 11:42-12:05.) (Florio, Lisa) (Entered: 10/18/2013)
2013-10-28 37 0 ORDER re 32 Motion for Forfeiture of Property as to Markiel Borukhov (2). CM 5 certified copies to Kristen Lake. Ordered by Judge Sandra J. Feuerstein on 10/28/2013. (Florio, Lisa) (Entered: 11/04/2013)
2013-11-04 40 0 ORDER accepting guilty plea as to Markiel Borukhov. Ordered by Judge Sandra J. Feuerstein on 11/4/2013. (Florio, Lisa) (Entered: 11/05/2013)
2014-02-07 43 0 SENTENCING MEMORANDUM by Markiel Borukhov (Attachments: # 1 Exhibit) (Savitt, Ephraim) (Entered: 02/07/2014)
2014-02-11 44 0 Letter Request to Adjourn Sentencing Proceedings as to Markiel Borukhov (Savitt, Ephraim) (Entered: 02/11/2014)
2014-02-14 45 0 ORDER as to Amner A. Borukhov, Markiel Borukhov re 44 Letter Request to Adjourn Sentencing Proceedings. SO ORDERED that the application is granted. Ordered by Judge Sandra J. Feuerstein on 2/14/2014. (Florio, Lisa) (Entered: 02/14/2014)
2014-03-07 50 0 Final MOTION for Forfeiture of Property by USA as to Markiel Borukhov. (Morris, Brian) (Entered: 03/07/2014)
2014-03-05 51 0 Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Sentencing held on 3/5/2014 for Markiel Borukhov (2). Case called. Sentencing held. Statement of deft and counsel heard. Deft sentenced on Count 1 of the indictment. Sentence text: Deft sentenced to TWENTY FOUR (24) MONTHS OF CUSTODYWITH ONE(1) YEAR OF SUPERVISED. Remaining open counts are dismissed on government's motion. Court advised deft of right to appeal. Deft remanded. RESTITUTION IMPOSED IN THE AMOUNT OF $622.770.00 (Court Reporter Dominick Tursi.) (Florio, Lisa) (Entered: 03/07/2014)
2014-03-07 53 0 JUDGMENT as to Markiel Borukhov (2). The deft pleaded guilty to Count 1 of the indictment. Counts 2 through 13 are dismissed on the motion of the United States. IMPRISONMENT: The deft is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: TWENTY FOUR (24) MONTHS. The deft is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: Upon release from imprisonment, the deft shall be on supervised release for a term of: ONE (1) YEAR. The deft shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. ADDITIONAL SUPERVISED RELEASE TERMS: 1. The deft shall comply with restitution order and payment schedule and forfeiture provision. 2. Full financial disclosure to the Probation Dept; 3. The deft shall perform 100 hours of community service in a manner and at a rate approved by the US Probation Dept. The deft will cooperate in allowing the Probation Dept to confirm the community service is complete; 4. The deft shall participate in a mental health treatment program as approved by the Probation Dept. The deft shall contribute to the cost of services rendered and/or any psychotropic medications prescribed to the degree he is reasonably able, and shall cooperate in securing any applicable third party payment. The deft shall disclose all financial information and documents to the Probation Dept to assess his ability to pay; 5. The deft is prohibited in working in the financial industry or with any FINRA member firm in all capacities including but not limited to brokering the sales of commodities or securities on stack exchanges as a registered representative or broker-dealer, and is prohibited from serving as an officer or director of a public company. The deft is to assist the Probation Dept in verifying the job description of any employment he secures while under supervision. RESTITUTION IMPOSED IN THE AMOUNT OF $622,770.00, DUE IMMEDIATELY AND PAY ABLE AT A RATE OF$25.00 PER QUARTER WHILE IN CUSTODY AND 10% OF GROSS INCOME PER MONTH WHILE ON SUPERVISED RELEASE, WITH INTEREST PAYMENT WAIVED. SEE EXHIBIT A FOR VICTIM INFORMATION. Special assessment $100.00 due immediately. Ordered by Judge Sandra J. Feuerstein on 3/7/2014. (Attachments: # 1 exhibits) (Florio, Lisa) (Entered: 03/07/2014)
2014-03-10 54 0 Letter Requesting Amended Judgment as to Markiel Borukhov (Savitt, Ephraim) (Entered: 03/10/2014)
2014-03-11 55 0 Letter As To Request for Amended Judgment as to Markiel Borukhov (Savitt, Ephraim) (Entered: 03/11/2014)
2014-03-11 57 0 AMENDED JUDGMENT as to Markiel Borukhov (2). Reason for amendment: Correction of Sentence by Sentencing Court. IMPRISONMENT: The deft is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of *TWENTY FOUR (24) MONTHS WITH CREDIT FOR TIME SERVED AS OF MAY 31, 2012. FINAL ORDER of FORFEITURE: 5 certified copies sent to Kristen Lake via interoffice mail. Signed by Judge Sandra J. Feuerstein on 3/11/2014. (Attachments: # 1 exhibits, # 2 final order of forfeiture) (Florio, Lisa) (Entered: 03/11/2014)