Case details

Court: nysd
Docket #: 7:10-cr-00510
Case Name: USA v. Bartok et al
PACER case #: 364049
Date filed: 2010-06-09
Date terminated: 2014-03-24
Assigned to: Judge Cathy Seibel

Parties

Represented Party Attorney & Contact Info
Andrew Bartok
Defendant (1)
TERMINATED: 11/01/2013 also known asDrew Bartok TERMINATED: 11/01/2013		 
Andrew Bartok
85300-054
BROOKLYN
METROPOLITAN DETENTION CENTER
Inmate Mail/Parcels
P.O. BOX 329002
BROOKLYN, NY 11232
PRO SE

David Wikstrom
David Wikstrom
26 Broadway, 19th Floor
New York, NY 10004
(212)-248-5511
Fax: (212)-248-2866
Email: davidwikstrom@aol.com
TERMINATED: 09/21/2011
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Peter William Till
Law Offices of Peter W. Till
105 Morris Avenue, Suite 201
Springfield, NJ 07081
(973) 258-0064
Fax: (973) 258-0478
Email: tilllaw@aol.com
TERMINATED: 09/21/2011
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Amy Margaret Attias
Federal Defenders of New York Inc. (White Plains)
300 Quarropas Street
White Plains, NY 10601
(914) 428-7124
Fax: (914) 997-6872
Email: amaesq@optonline.net
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Dawn Maria Florio
Dawn M. Florio Law Firm PLLC
3604 Broadway
New York, NY 10031
212-939-9539
Fax: (212)-939-9533
Email: dawnmflorio@yahoo.com
TERMINATED: 05/29/2013
Designation: Retained

Gloria Keum
Dawn M. Florio Law Firm PLLC
3604 Broadway
New York, NY 10031
(917)-509-8550
Fax: (212)-939-9533
Email: gloriakeum.esq@gmail.com
ATTORNEY TO BE NOTICED
Designation: Retained

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-03-12 1 0 SEALED COMPLAINT as to Sealed Defendant (1), Sealed Defendant 2 (2). (Signed by Magistrate Judge George A. Yanthis) (mml) [7:10-mj-00504-UA] (Entered: 03/17/2010)
2010-03-16 2 0 Order to Unseal Case as to Sealed Defendant 1, Sealed Defendant 2.. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 3/16/2010)(mml) [7:10-mj-00504-UA] (Entered: 03/17/2010)
2010-03-16 5 0 Arrest Warrant Returned Executed on 3/16/2010 as to Andrew Bartok. (mml) [7:10-mj-00504-UA] (Entered: 03/17/2010)
2010-03-16 6 0 Appearance Bond Entered as to Andrew Bartok. $200,000 PRB, 1 FRP, $15,000 Secured cash or property. Pretrial supervision, Surrender of all travel documents with no new applications. Travel restricted to SDNY/EDNY and District of New Jersey. (mml) [7:10-mj-00504-UA] (Entered: 03/17/2010)
2010-03-16 7 0 Appearance Bond Entered as to Kathleen Addario. $100,000 PRB, 1 FRP Unsecured, within one week: 3/23/2010 no later than 1:00 PM. Pretrial supervision. Surrender of travel documents with no new applications. Travel restricted to SDNY/EDNY and District of New Jersey. (mml) [7:10-mj-00504-UA] (Entered: 03/17/2010)
2010-03-16 8 0 ADVICE OF PENALTIES AND SANCTIONS as to Andrew Bartok. Order Setting Conditions of Release attached. (mml) [7:10-mj-00504-UA] (Entered: 03/17/2010)
2010-03-16 9 0 ADVICE OF PENALTIES AND SANCTIONS as to Kathleen Addario. Order Setting Conditions of Release attached. (Signed by Judge Magistrate Judge Paul E. Davison) (mml) [7:10-mj-00504-UA] (Entered: 03/17/2010)
2010-03-25 10 0 ENDORSED LETTER as to Kathleen Addario addressed to Magistrate Judge Paul E. Davison from Kevin T. Mulhearn dated 3/25/2010 re: With the consent of the District US Attorney, Nicholas L. McQuaid, therefore we respectfully request that the Court extend Defendant Addario's time to obtain a bond co-signer from a financially responsible person for one week (to March 30, 2010). ENDORSEMENT: Granted on consent. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 3/25/2010)(mml) [7:10-mj-00504-UA] (Entered: 03/25/2010)
2010-03-30 11 0 NOTICE OF ATTORNEY APPEARANCE: David Wikstrom appearing for Andrew Bartok. (Wikstrom, David) [7:10-mj-00504-UA] (Entered: 03/30/2010)
2010-04-08 12 0 ENDORSED LETTER as to Kathleen Addario addressed to Dear Judge Davison from Kevin T. Mulhearn dated 4/7/2010 re:.........request that the Court schedule a bail modification hearing at the Court's earliest convenience. I have spoken to AUSA Nicholas McQuaid, about this matter and he has advised me that the gov. will seek to increase the forfeiture.......ENDORSED, Bial modification hearing scheduled on 4/14/2010 at 11:30am... (Signed by Magistrate Judge Paul E. Davison on 4/8/2010)(jma) [7:10-mj-00504-UA] (Entered: 04/08/2010)
2010-04-14 13 0 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Andrew Bartok. Time excluded from 04/14/2010 until 05/12/2010.. (Signed by Magistrate Judge Paul E. Davison on 04/14/2010)(jma) [7:10-mj-00504-UA] (Entered: 04/15/2010)
2010-04-14 14 0 AMENDED PRB Bond Entered as to Kathleen Addario in amount of $ 200,000.00 Unsecured with Pre-trial supervision in New Jersey; surrender all travel documents. Travel is restricted to the SDNY & EDNY and District of New Jersey. All other cont's. previously set are to remain in effect. (jma) [7:10-mj-00504-UA] (Entered: 04/15/2010)
2010-04-14 15 0 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Kathleen Addario. Time excluded from 4/14/2010 until 5/12/2010.. (Signed by Magistrate Judge Paul E. Davison on 4/14/2010)(jty) [7:10-mj-00504-UA] (Entered: 04/19/2010)
2010-05-12 16 0 AFFIRMATION of Nicholas L. McQuaid by USA as to Kathleen Addario re: extension of time. (jma) [7:10-mj-00504-UA] (Entered: 05/13/2010)
2010-05-12 17 0 AFFIRMATION of Nicholas L. McQuaid by Andrew Bartok re: an extension time. (jma) [7:10-mj-00504-UA] (Entered: 05/13/2010)
2010-06-09 18 0 AFFIRMATION of John P. Collins, Jr. by USA as to Andrew Bartok. (mml) [7:10-mj-00504-UA] (Entered: 06/09/2010)
2010-06-09 19 0 AFFIRMATION of John P. Collins, Jr. by USA as to Kathleen Addario. (mml) [7:10-mj-00504-UA] (Entered: 06/09/2010)
2010-06-10 20 0 ENDORSED LETTER as to Andrew Bartok addressed to Magistrate Judge George A. Yanthis from John P. Collins dated 6/9/2010 re: The Government writes to bring to the Court's attention a clerical error in the Government's affirmation in support of an order of continuance submitted earlier today.. ENDORSEMENT: Said Order of Continuance is hereby amended to reflect the correct date June 16, 2010. SO ORDERED. (Signed by Magistrate Judge George A. Yanthis on 6/10/2010)(mml) [7:10-mj-00504-UA] (Entered: 06/10/2010)
2010-07-07 21 0 AFFIRMATION of John P. Collins, Jr. by USA as to Kathleen Addario. (mml) [7:10-mj-00504-UA] (Entered: 07/09/2010)
2010-07-16 22 0 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Andrew Bartok. Time excluded from 7/15/10 until 7/30/10.. (Signed by Judge Cathy Seibel on 7/15/10)(fk) (Entered: 07/16/2010)
2010-07-19 23 0 (S1) SUPERSEDING INDICTMENT FILED as to Andrew Bartok (1) count(s) 1s, 2s, 3s, 4s, 5s, Kathleen Addario (2) count(s) 1, 3, 4, 5. (jty) Modified on 7/21/2010 (fk). (Entered: 07/21/2010)
2010-08-10 24 0 EMERGENCY MOTION for Extension of Time for Defendant, Kathleen M. Addario, to Produce Documents in Response to the Government's Subpoena. Document filed by Kathleen Addario. (Mulhearn, Kevin) (Entered: 08/10/2010)
2010-08-19 25 0 NOTICE OF ATTORNEY APPEARANCE: Steven D. Altman appearing for Kathleen Addario. (Altman, Steven) (Entered: 08/19/2010)
2010-08-19 26 0 NOTICE OF ATTORNEY APPEARANCE: Steven D. Altman appearing for Kathleen Addario. Substitution of Attorney (Altman, Steven) (Entered: 08/19/2010)
2010-08-18 27 0 SEALED DOCUMENT placed in vault. (fk) (Entered: 08/24/2010)
2010-09-14 28 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from David Wikstrom dated 9/9/10 re: Request for conference. ENDORSEMENT: Faretta hearing to be held on 9/20/10 at 10:00 am. Parties to submit proposed questions / warning for hearing 3 days in advance. So Ordered. (Signed by Judge Cathy Seibel on 9/10/10)(fk) (Entered: 09/14/2010)
2010-09-16 29 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathey Seibel from David Wikstrom dated 9/15/2010. I have a prior court commitment on Long Island at that time. Accordingly, I write to request that the Court set the Bartok matter down for a time during the afternoon session of the Court. I have spoken with Assistant United States Attorney John P. Collins, who consents to this request...ENDORSEMENT: Adjourned to 9/20/2010 @ 2:15 PM. SO ORDERED. (Signed by Judge Cathy Seibel on 9/16/2010)(jty) (Entered: 09/16/2010)
2010-09-17 30 0 NOTICE OF ATTORNEY APPEARANCE: Peter William Till appearing for Andrew Bartok, Kathleen Addario. Substitution of Attorney for Defendant Andrew Bartok only (Till, Peter) (Entered: 09/17/2010)
2010-09-21 31 0 Letter by Andrew Bartok addressed to Judge Cathey Seibel from Peter W. Till dated 9/17/2010. At approximately 3:00 p.m. this afternoon, we received an executed Substitution of Attorney and simultaneously filed same via ECF with the Court. Only moments later, did we receive advice from now former counsel David Wikstrom, Esq. confirming telephone advice from your chambers' staff (Alice), that no appearance would be necessary this coming Monday September 20, 2010 at 10:00 a.m... (jty) (Entered: 09/22/2010)
2010-10-01 32 0 ORDER as to Kathleen Addario. The Court finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial, in order to permit defense counsel to, among other things: (1) conduct a trial during the month of October 2010; (2) review recently provided discovery; and (3) attend other previously scheduled court appearances and personal matters. Accordingly, it is further ORDERED that the time between the date of this order and November 15, 2010, the date of the rescheduled conference, is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h) (7) (A), in the interests of justice.. (Signed by Judge Cathy Seibel on 10/1/2010)(jty) (Entered: 10/04/2010)
2010-11-10 33 0 ENDORSED LETTER as to Andrew Bartok, Kathleen Addario addressed to Judge Cathey Seibel from John P. Collins dated 11/9/2010.With the consent of each defense counsel, the Government respectfuly requests that the time from November 15, 2010 through December 16, 2010, the date of the resheduled conference, be excluded from the speedy trial calendar based on a finding that the ends ofjustice served by the continuance outweigh the best interests ofthe public and the defendant in a speedy trial under 18U.S.c. § 3161(h)(7)(A).... ENDORSEMENT: Conference adjourned to 12/16/2010 @ 12:45 PM. So Ordered. (Signed by Judge Cathy Seibel on 11/10/2010)(jty) (Entered: 11/12/2010)
2010-11-10 34 0 ORDER as to Andrew Bartok, Kathleen Addario..The Court finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial, in order to permit defense counsel to review discovery materials. Accordingly, it is further ORDERED that the time between the date of this order and December 16, 2010, the date of the rescheduled conference, is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h) (7) (A), in the interests of justice. (Signed by Judge Cathy Seibel on 11/10/2010)(jty) (Entered: 11/12/2010)
2010-12-16 35 0 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Andrew Bartok, Kathleen Addario. Time excluded from 12/15/2010 until 01/20/2011.. (Signed by Judge Cathy Seibel on 12/15/2010)(jma) (Entered: 12/16/2010)
2010-12-16 36 0 ENDORSED LETTER as to Andrew Bartok, Kathleen Addario addressed to Judge Cathey Seibel from Preet Bharara dated 12/14/2010.With the consent of each defense counsel, the Government respectfully requests that the time from December 16,2010 through January 20,2010, the date of the rescheduled conference, be excluded from the speedy trial calendar based on a finding that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial under 18U.S.C. § 3161 (h)(7)(A). Defense counsel for Andrew Bartok is currently on trial and unable to attend the previously scheduled conference on December 16, 2010. Both counsel are currently reviewing discovery including ongoing productions being made by the Government. Finally, due to previously scheduled matters, defense counsel for Addario is unavailable until mid January 2010. Attached to this letter is a proposed order for the Court to exclude time under the Speedy Trial Act. ENDORSEMENT: Conference adjourned to 1/20/2011 @ 3:30 PM. (Signed by Judge Cathy Seibel on 12/16/2010)(jty) (Entered: 12/17/2010)
2011-01-19 37 0 MOTION for Bill of Particulars Pursuant to Fed.R.Crim.P.7(f). Document filed by Andrew Bartok. (Attachments: # 1 Memorandum of Law in Support of Motion)(Till, Peter) (Entered: 01/19/2011)
2011-01-20 38 0 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Andrew Bartok, Kathleen Addario. Time excluded from 01/19/2011 until 01/31/2011.. (Signed by Judge Cathy Seibel on 01/19/2011)(jma) (Entered: 01/21/2011)
2011-01-20 39 0 Letter by USA as to Andrew Bartok, Kathleen Addario addressed to Dear Judge Seibel from John P. Collins dated 01/19/2011 re: With the consent of each defense counsel, the Government respectfully requests that the time from January 20,2010 through January 31, 2010, the date of the rescheduled conference, be excluded from the speedy trial calendar based on a finding that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial under 18 U.S,C. § 3161 (h)(7)(A). (jma) (Entered: 01/21/2011)
2011-01-31 40 0 (S2) SUPERSEDING INDICTMENT FILED as to Andrew Bartok (1) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, Kathleen Addario (2) count(s) 1s, 2s, 3s, 4s, 5s, Veronica Tobin (3) count(s) 1, 3, 4. (jty) (Additional attachment(s) added on 2/4/2011: # 1 S2) (fk). (Entered: 02/01/2011)
2011-01-31 42 0 Arrest Warrant Returned Executed on 1/31/2011 as to Veronica Tobin. (jty) (Entered: 02/01/2011)
2011-01-31 43 0 Appearance Bond Bond Entered as to Veronica Tobin in amount of $ 100,000, Defendant released on $100,000 PRB Secured, to be signed by 1 co-signer, that signature to be provided no latter than the close of business on February 7, 2011. Defendant released on her own signature. Travel is restricted to MDPA, SDNY,EDNY,DNJ.(jty) (Entered: 02/01/2011)
2011-01-31 44 0 ADVICE OF PENALTIES AND SANCTIONS as to Veronica Tobin. (Signed by Judge Magistrate Judge Lisa Margaret Smith on 1/31/2011) (jty) (Entered: 02/01/2011)
2011-02-07 45 0 MOTION for Bill of Particulars. Document filed by Andrew Bartok as to Andrew Bartok, Kathleen Addario, Veronica Tobin. (Attachments: # 1 Certification of Counsel, # 2 Memorandum of Law in Support, # 3 Text of Proposed Order, # 4 Certificate of Service)(Till, Peter) (Entered: 02/07/2011)
2011-02-07 46 0 ORDER as to Veronica Tobin. As discussed with chambers this morning and with the consent of AUSA John Collins, the time for the above-named defendant to obtain a co-signer on her $100,000 PRB is extended to February 15,2011.... Motion granted. So Granted. (Signed by Magistrate Judge Lisa Margaret Smith on 02/07/2011)(jma) (Entered: 02/08/2011)
2011-02-10 47 0 FIRST MOTION for Bill of Particulars. Document filed by Kathleen Addario. (Attachments: # 1 Letter Memorandum, # 2 Text of Proposed Order Proposed form of order, # 3 Cert. of Service)(Altman, Steven) (Entered: 02/10/2011)
2011-02-14 48 0 MOTION to Modify Conditions of Release , for Reduction of Bail/Seeking Removal of Liens on Certain Real Estate in Connection With Said Bail/Amending Recognizance Bail (On Short Notice). Document filed by Andrew Bartok. (Attachments: # 1 Affidavit of Peter W. Till, Esq., # 2 Text of Proposed Order)(Till, Peter) (Entered: 02/14/2011)
2011-02-17 49 0 Appearance Bond Bond Entered as to Veronica Tobin The court modifies the defendant's bail which was previously set by Judge Smith on 1/31/2011. The court extended time for the defendant to get 1 FRP no later then 12:00PM on 3/1/2011. The defendant is to refrain from any form of contact with the co-defendants unless in the presence of attorney. The defendant is to refrain from employment at Foreclosure Club of America, A/K/A revelations. The defendant is to refrain from employment in mortgage/foreclosure industry. the defendant shall refrain from employment that involves preparing or submitting bankruptcy petitions. All previous conditions remain in effect. (jty) (Entered: 02/17/2011)
2011-02-23 50 0 MEMORANDUM in Opposition by USA as to Andrew Bartok, Kathleen Addario, Veronica Tobin re 45 MOTION for Bill of Particulars., 47 FIRST MOTION for Bill of Particulars.. (Collins, John) (Entered: 02/23/2011)
2011-03-02 51 0 NOTICE OF ATTORNEY APPEARANCE: Domenick J Porco appearing for Veronica Tobin. (Porco, Domenick) (Entered: 03/02/2011)
2011-03-04 52 0 CJA 23 Financial Affidavit by Veronica Tobin. (Signed by Judge Judge Cathy Seibel)Dominick Porco, Esq, is appointed CJA counsel to represent Defendant Tobin. (jma) (Entered: 03/04/2011)
2011-03-04 53 0 AMENDED Appearance Bond, Bond Entered as to Veronica Tobin in amount of $ 100,000. $100,00 PRB by son Thomas Smith. Defendant is to be on pretrial Supervision. ALL Previous Conditions Apply. The court modifies Bond to require Defendant's son Thomas Smith as a co-signer in the Amount of $100,00, by 3/3/2011 by Cathy Seibel, USDJ. (jty) (Entered: 03/07/2011)
2011-03-17 54 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from Peter Till dated 3/14/2011 re: Attorney of Record for Defendant Andrew Bartok.ENDORSEMENT: Peter W. Till, Esq. is hereby appointed as counsel for Defendant Andrew Bartok pursuant to 18 U.S.C. § 3006A(c). The financial affidavit will be publicly filed unless Defendant provides, within 7 days of the date of this Order, legal reasons why it should be sealed and ex parte. Mr. Till shall also advise, within 30 days, as to the feisability of liquidating or borrowing against the asset listed under "property". So Ordered. (Signed by Judge Cathy Seibel on 3/17/2011)(fk) (Entered: 03/18/2011)
2011-03-25 55 0 CJA 23 Financial Affidavit by Andrew Bartok. (jty) (Entered: 03/25/2011)
2011-03-25 56 0 Letter by Andrew Bartok addressed to Judge Cathey Seibel from Peter W. Till dated 3/24/2011.Pursuant to recent direction of the Court we are now "Writing in response there to, that the Defendant Andrew Bartok's Financial Affidavit (CJA 23) is at this time without standing to be treated as "sealed and ex parte." (jty) (Entered: 03/25/2011)
2011-03-30 57 0 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Andrew Bartok, Kathleen Addario, Veronica Tobin. Time excluded from 3/30/2011 until 5/3/2011. It is further ORDERED that the time between the date of this order and May 3, 2011, the date of the rescheduled conference is hereby excluded under the Speedy Trial Act 18 U.S.C. § 3161(h) (7) (A) in the interests of justice. (Signed by Judge Cathy Seibel on 3/30/2011)(jty) (Entered: 03/30/2011)
2011-04-07 58 0 ORDER denying 37 Motion for Bill of Particulars as to Andrew Bartok (1)ENDORSEMENT, For the reasons stated above, the motion for a bill of particulars is denied, with the exceptions that the Government should identify Debtors 5-7 and name unindicted co-conspirators, or advise the Court why it should not be required to do so, within fourteen (14) days of the of this Order. The Clerk shall terminate the pending motions. (Docs. 37,45, 47). (Signed by Judge Cathy Seibel on 4/07/2011) (jma) (Entered: 04/07/2011)
2011-04-07 59 0 ORDER denying 47 Motion for Bill of Particulars as to Kathleen Addario (2)ENDORSEMENT, For the reasons stated above, the motion for a bill of particulars is denied, with the exceptions that the Government should identify Debtors 5-7 and name unindicted co-conspirators, or advise the Court why it should not be required to do so, within fourteen (14) days of the of this Order. The Clerk shall terminate the pending motions. (Docs. 37,45, 47).. (Signed by Judge Cathy Seibel on 4/07/2011) (jma) (Entered: 04/07/2011)
2011-04-13 60 0 ENDORSED LETTER as to Andrew Bartok addressed to Dear Judge Seibel from Peter W. Till dated 04/13/2011 re: We are in the process of obtaining specific information from the financial institution with regard to the IRA Retirement Account and respectfully request an extension to Wednesday, April 20, 2011 within which to provide said response. ENDORSED, Application Granted. So Ordered. (Signed by Judge Cathy Seibel on 04/13/2011)(jma) (Entered: 04/14/2011)
2011-05-06 61 0 MOTION Injunctive Relief. Document filed by Andrew Bartok. (Attachments: # 1 Affidavit, # 2 Supplement, # 3 Text of Proposed Order)(Till, Peter) (Entered: 05/06/2011)
2011-05-13 62 0 MEMORANDUM in Opposition by USA as to Andrew Bartok, Kathleen Addario, Veronica Tobin re 61 MOTION Injunctive Relief.. (Collins, John) (Entered: 05/13/2011)
2011-05-19 63 0 ORDER: denying 61 Motion Injunction as to Andrew Bartok (1). For the reasons stated above, the motion for an injunction is denied. The Government shall, however, send future notifications only to those who have been identified as victims in accordance with the discussion above. (Signed by Judge Cathy Seibel on 5/18/2011) (fk) (Entered: 05/20/2011)
2011-06-02 64 0 FIRST MOTION to Dismiss Count One and for Severance for trial. Document filed by Kathleen Addario. (Attachments: # 1 Text of Proposed Order, # 2 Letter Memorandum, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Altman, Steven) (Entered: 06/02/2011)
2011-06-03 65 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel, from Peter W. Till dated 6/3/2011, re: The Defendants Pretrial Motions are due to be filed with the Court today. We are now writing to respectfully request an extension until Wednesday, June 8, 2011, as I have been out of State, in the midst of preparing for a Trial in Baltimore, Maryland (commencing June 27, 2011). We have communicated with Assistant United states Attorney John Collins, Jr. and he consents to said extension, and we consent to his opposition submissions accordingly being due Wednesday, July 6, 2011. (Motions due by 6/8/2011. Responses due by 7/6/2011) (Signed by Judge Cathy Seibel on 6/3/2011) (lnl) (Entered: 06/06/2011)
2011-06-08 66 0 MOTION to Dismiss., MOTION to Sever Defendant. Document filed by Andrew Bartok as to Andrew Bartok, Kathleen Addario, Veronica Tobin. (Attachments: # 1 Certification of Counsel, # 2 Letter Memorandum in Support, # 3 Text of Proposed Order, # 4 Certificate of Service)(Till, Peter) (Entered: 06/08/2011)
2011-06-27 67 0 ENDORSED LETTER as to Veronica Tobin addressed to Judge Cathy Seibel from Domenick J. Porco, dated 6/27/2011, re: Counsel for the defendant writes to request the Court to temporarily modify her bail restrictions so as to permit her to attend the annual NASCAR auto race in Sparta, Kentucky, on July 8 and 9, 2011. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge Cathy Seibel on 6/27/2011) (lnl) (Entered: 06/27/2011)
2011-07-06 68 0 MEMORANDUM in Opposition by USA as to Andrew Bartok, Kathleen Addario, Veronica Tobin re 66 MOTION to Dismiss. MOTION to Sever Defendant.. (Collins, John) (Entered: 07/06/2011)
2011-07-15 69 0 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT(LETTER) - REPLY MEMORANDUM OF LAW in Support by Andrew Bartok as to Andrew Bartok, Kathleen Addario, Veronica Tobin re: 66 MOTION to Dismiss. MOTION to Sever Defendant.. (Till, Peter) Modified on 7/19/2011 (ka). (Entered: 07/15/2011)
2011-07-19 70 0 REPLY MEMORANDUM OF LAW in Support by Andrew Bartok as to Andrew Bartok, Kathleen Addario, Veronica Tobin re: 66 MOTION to Dismiss. MOTION to Sever Defendant.. (Till, Peter) (Entered: 07/19/2011)
2011-08-16 71 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from John P. Collins, Jr., dated 8/8/2011, re: The Government writes to request that the Court hold a conference in connection with this matter to determine whether: (1) appointed counsel is warranted; and (2) the misstatements of fact, certified under penalty of perjury, constitute a violation of Bartok's bail conditions. ENDORSEMENT: This matter will be taken up at the previously scheduled 8/18/11 proceeding. So Ordered. (Signed by Judge Cathy Seibel on 8/15/2011) (lnl) (Entered: 08/16/2011)
2011-08-16 72 0 ENDORSED LETTER as to Andrew Bartok, addressed to Judge Cathy Seibel from John P. Collins, Jr., dated 8/8/2011, re: The Government writes to advise the Court that, based upon its review of defendant Andrew Bartok's March 15, 2011 CJA 23 financial affidavit (the "CJA 23") and relevant documents, there appear to be material misstatements of fact on the March 15, 2011 CJA 23, which at a minimum, raise an issue as to whether Bartok properly qualifies for appointed counsel under the Criminal Justice Act. ENDORSEMENT: This matter will be taken up at the previously scheduled 8/18/11 proceeding. So Ordered. (Signed by Judge Cathy Seibel on 8/15/2011) (lnl) (Entered: 08/17/2011)
2011-08-18 73 0 Letter by Andrew Bartok addressed to Judge Cathy Seibel from Peter W. Till, dated 4/20/2011, re: Counsel for the defendant writes: In connection with the above captioned matter and Your Honor's request that this office advise as to the feasibility of liquidating or borrowing against the asset listed under "property" on Mr. Bartok's financial Affidavit, we now submit the following response. (lnl) (Entered: 08/18/2011)
2011-08-26 74 0 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Andrew Bartok. (Till, Peter) Modified on 8/26/2011 (kkc). (Entered: 08/26/2011)
2011-08-31 75 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Peter William Till to Withdraw as Attorney for Defendant Andrew Bartok. Document filed by Andrew Bartok. (Attachments: # 1 Affidavit of Counsel, # 2 Text of Proposed Order, # 3 Affidavit of Service)(Till, Peter) Modified on 9/1/2011 (ka). (Entered: 08/31/2011)
2011-08-30 76 0 NOTICE OF APPEAL (Interlocutory) by Andrew Bartok re: Minute Entry Revoking Bail which was entered on 8/17/2011. Filing fee $ 455.00, receipt number 7-001400. (fk) (Entered: 09/02/2011)
2011-09-02 77 0 ENDORSED LETTER as to Andrew Bartok addressed to Ruby Krajick from Peter W. Till dated 8/29/2011 re: Duplicate Notice of Appeal filed in error. ENDORSEMENT: Both checks appear to have been processed, so the Clerk is directed to issue a check for $455.00 so that Mr. Till's firm has only paid for Mr. Bartok's appeal once. (Signed by Judge Cathy Seibel on 9/2/2011)(fk) (Entered: 09/06/2011)
2011-09-07 78 0 (S3) SUPERSEDING INDICTMENT FILED as to Andrew Bartok (1) count(s) 1sss, 2sss, 3sss, 4sss, 5sss, 6sss, Kathleen Addario (2) count(s) 1ss, 3ss, 4ss, 5ss, Veronica Tobin (3) count(s) 1s, 3s, 4s. (jty) (Entered: 09/08/2011)
2011-09-07 79 0 ORDER as to Andrew Bartok, Kathleen Addario, Veronica Tobin: This Court is in receipt of a request to withdraw as counsel to defendant Andrew Bartok by Peter W. Till, Esq. A hearing will be held before this Court on September 14, 2011 at 11:45 a.m. The Government and counsel for co-defendants are to state their position by letter by September 9, 2011. So Ordered. (Hearing set for 9/14/2011 at 11:45 AM before Judge Cathy Seibel) (Signed by Judge Cathy Seibel on 9/6/2011) (lnl) (Entered: 09/08/2011)
2011-09-22 80 0 PROTECTIVE ORDER as to Andrew Bartok...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Cathy Seibel on 9/21/2011) (lnl) (Entered: 09/23/2011)
2011-09-27 81 0 ORDER as to Andrew Bartok: that Amy Attias, Esq. of the Federal Defenders is hereby appointed as stand-by counsel for Defendant Bartok. This appointment is not based on financial need but on the need to protect the integrity of the proceedings. Added attorney Amy Margaret Attias for Andrew Bartok. (Signed by Judge Cathy Seibel on 9/26/2011) (lnl) (Entered: 09/27/2011)
2011-09-26 82 0 Letter by USA as to Andrew Bartok addressed to Judge Cathy Seibel from John P. Collins, Jr./ Jeffrey Alberts dated 9/23/2011 re: After speaking with a member of MDC Brooklyn's legal staff, we have learned that while the defendant is only allowed to use the computers in the law library for two hours each day, there are four computers in the defendant's housing unit. We have also been informed that there are no restrictions on how long the defendant may use those four computers during the hours that inmates are awake. (mml) (Entered: 09/27/2011)
2011-09-26 83 0 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Veronica Tobin. Time excluded from 9/23/2011 until 10/11/2011. (Signed by Judge Cathy Seibel on 9/23/2011)(fk) (Entered: 09/27/2011)
2011-10-05 84 0 NOTICE OF ATTORNEY APPEARANCE Jeffrey Ehrlich Alberts appearing for USA. (Alberts, Jeffrey) (Entered: 10/05/2011)
2011-10-11 85 0 ORDER as to Andrew Bartok, Kathleen Addario. ORDERED that Defendant Andrew Bartok is to sell/liquidate the 2009 Mercedes Benz within thirty (30) days of the date of this order or he will be in contempt of court; and IT IS FURTHER ORDERED that whatever money there is after the sale of the 2009 Mercedes Benz, said monies shall go into the Law Offices of Peter W. Till's attorney escrow account; and IT IS FURTHER ORDERED that a copy of this Order shall be served upon all parties within seven (7) days of the entry hereof.The Government shall send a copy of this order to defendant Bartok at the facility where he is being housed and to Mr Till. "Clerks office has mailed copies." (Signed by Judge Cathy Seibel on 10/11/2011)(jty) (Entered: 10/11/2011)
2011-10-12 86 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from Andrew Bartok dated 10/4/2011 re: US Marshall's did it again! They took my superseding indictment that USA John Collins gave me in court on September 23, 2011. Please have your US Marshall's locate my legal paperwork; otherwise, please have John Collins send me another copy of my superseding indictment. Also, would you allow me an extra two weeks in order that I can dismiss and quash the indictments. The US Marshall's policy of not providing pro-se defendants with their legal papers will harm and prejudice my rights, Also, the printer is out of paper for four(4) days; after filling it with paper, since all the inmates downloaded their legal work on the printer, the printer is out of paper again for three(3) days. ENDORSEMENT: Application for bail denied. The government is directed to mail Mr. Bartok another copy of the S3 Indictment. Deadlines for defendant's motions addressed to the S3 Indictment extended to 11/4/2011. Governments opposition due 11/18/2011. Defendant's reply due by 11/28/2011. Defendant is advised that writing the Judge in the Criminal case is not the way to address prison conditions. He should start with the MDC's internal administrative process. So Ordered.. (Signed by Judge Cathy Seibel on 10/11/2011) The Clerks Office Has Mailed Copies. (jty) (Entered: 10/12/2011)
2011-10-12 87 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from Andrew Bartok dated 10/4/2011 re:After reading the recent letter dated 9/23/11 and receiving the letter on October 4, 2011, I need to correct AUSA John Collins, and Jeffrey Alberts knowledge of how the MDC works.I am only allowed two(2) hours per week for the law library. I am only allowed two hours on the law library computer in my housing unit and then I am knocked off the computer for one(1) hour. During that time if other inmates(we have about 120) in my housing unit go onto the law library computer, sometimes I do not get onto the law library computer for over six to ten hours. ENDORSEMENT: The Clerk of the Court shall docket this letter. The Clerk shall also modify the docket to reflect that Mr Bartok is Pro-Se(with Ms. Attias as stand by counsel). All docketed items should be mailed to Mr. Bartok at the above address. Mr Bartok is advised that, except in exceptional circumstances for good cause shown, all correspondence to the court must be copied to the prosecutes. So Ordered. (Signed by Judge Cathy Seibel on 10/11/2011) The Clerks Office Has Mailed Copies. (jty) (Entered: 10/12/2011)
2011-10-12 88 0 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Kathleen Addario. Time excluded from 10/11/2011 until 11/18/2011. It is ORDERED that the time between the date of this Order and November 18, 2011, is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161 (h) (7) (A), in the interests of justice. The Court finds that the ends of justice served by excluding time outweigh the best interests of the public and the defendant in a speedy trial, because it will enable the parties to continue discussions regarding a possible disposition without the need for trial. (Signed by Judge Cathy Seibel on 10/11/2011)(jty) (Entered: 10/13/2011)
2011-10-17 89 0 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Veronica Tobin. Time excluded from 10/14/2011 until 10/27/2011. The Court finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial in order to permit defense counsel to engage in discussions concerning a resolution of the defendant's charges prior to trial. Accordingly, it is further ORDERED that the time between the date of this order and October 27, 2011, the date of the rescheduled conference, is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h) (7) (A), in the interests of Justice.. (Signed by Judge Cathy Seibel on 10/14/2011)(jty) (Entered: 10/17/2011)
2011-10-17 90 0 ORDER as to Andrew Bartok, Kathleen Addario. IT IS on this 14th day of October, 2011; ORDERED that the Fifteen Thousand ($15,000.00) Dollars cash originally posted as bail by the Defendant's sister (Gloria Spiegel) on March 16.2010 shall now be refunded and returned to the Defendant's sister Gloria Spiegel of Iselin, New Jersey; and it is, FURTHER ORDERED that the bond executed by the Defendant's sister Gloria Spiegel in the amount of $200,000.00 be dissolved/released as a government lien against her home at 9 Michael Street, Iselin, New Jersey; and it is FURTHER ORDERED that a copy of this Order shall be served upon all parties within seven (7) days of the entry hereof. " Clerks Office has mailed copies." (Signed by Judge Cathy Seibel on 10/17/2011)(jty) (Entered: 10/18/2011)
2011-10-19 91 0 MOTION to Vacate., MOTION to Quash. Document filed by Andrew Bartok. (jty) (Entered: 10/19/2011)
2011-10-19 92 0 ORDER denying 91 Motion to Vacate as to Andrew Bartok (1); denying 91 Motion to Quash as to Andrew Bartok (1) Before the Court is Defendant Andrew Bartok's motion, dated October 13,2011, for an order: 1) vacating my September 15,2011 Order; 2) quashing all indictments or dismissing Counts 1-6 and all future superseding indictments for lack of evidence, misconduct and ineffective assistance of counsel; 3) allowing Defendant eight hours daily of law library computer time in his housing unit; and 4) releasing Defendant on bail on his own recognizance. I am not clear as to what Order Defendant refers, but it may be my oral order on September 14,2011, directing him to sell his Mercedes-Benz automobile and deposit the proceeds in the escrow account of his former attorney. If so, there is nothing in the instant application suggesting why that Order should be revisited. Accordingly, that application is denied. With respect to Defendant's requests for dismissal of the Indictment and related relief, "lack of evidence" is not a basis for pre-trial dismissal of an indictment. Whether the Government has the evidence to prove the accusations in the Indictment will be determined at trial. At this point, a Grand Jury has found sufficient evidence to return the Indictment, and that is sufficient to call for a trial on the merits. See Costello v. United States, 350 U.S. 359,408-09 (1956). Likewise, whether the Postal Inspector on the case has intimidated witnesses or presented false evidence can, to the e)(tent relevant and appropriate, be pursued at trial, but a defendant's conc1usory accusation against a law enforcement officer is not grounds for dismissal. Finally, the conduct on his former counsel's part to which Defendant points does not,in the Court's view, rise to (or even approach) the level of constitutionally ineffective assistance of counsel. See generally Strickland v. Washington, 466 U.S. 668 (1984). Accordingly, the application for dismissal is denied. As I have previously advised Defendant if he has motions directed to the most recent (S3) indictment that could not have been addressed to the previous (S2) indictment, those motions must be filed by October 21, 2011. With respect to Defendant's request for eight hours per day of law library computer time, such an order would not be compatible with the orderly administration of the jail. It is the Court's understanding that Defendant not only has access to the law library, but also has at least two hours per day, and sometimes more, of access to a law library computer in his housing unit, and also has access to regular computers in his housing unit. This strikes the Court as sufficient time. In any event, Defendant has not presented any specifics as to why he might need more time. Accordingly, the application for extra access is denied.Finally, Defendant's application for release on bail is denied. There is nothing in Defendant's instant application suggesting why the revocation of his bail should be revisited. Further, there is nothing inconsistent with a Defendant being detained prior to trial and still enjoying the presumption of innocence. See 18 U.S.C. §§ 3142 (f), (g), (j). As for Defendant's claim that he still does not understand why his bail was revoked, the Court's recollection is that it has explained that to Defendant at least three times (at the time and twice thereafter). For now it suffices to remind Defendant that the Government established at the hearing that Defendant committed crimes, such as the making of false statements under oath in his financial affidavit, while on bail. For the reasons stated above, the applications in Defendant's October 13,2011 motion are denied. SO ORDERED. (Signed by Judge Cathy Seibel on 10/18/2011) "The Clerks Office has Mailed Copies." (jty). (Entered: 10/19/2011)
2011-10-28 93 0 MOTION to Vacate the 9/15/2011 Order, MOTION to Quash Indictment, MOTION for Release from Custody on his own recognizance. Document filed by Andrew Bartok. (fk) (Entered: 10/28/2011)
2011-10-28 94 0 ORDER: Before the Court is Defendant Andrew Bartok's motion, dated October 21,2011, for an order: 1) vacating my September 15,2011 Order; 2) quashing all Indictments for defects in the Grand Jury proceedings; and 3) releasing Defendant on bail on his own recognizance. Defendant is required to sell the automobile and deposit the proceeds on or before November 10, 2011. In that connection, Defendant is ORDERED to provide to the Court and the Government with proof of the same, on or before November 21, 2011. With respect to Defendant's requests for dismissal of the Indictments, that the charges involve fraud on the Bankruptcy Court does not divest this Court of jurisdiction. All of the charged offenses (in the original Indictment and the first, second, and third Superseding Indictments) arise under Title 18 of the United States Code, for which jurisdiction lies in the District Court, see 18 U.S.C. § 3231, and for which the Bankruptcy Court lacks jurisdiction, see 28 U.S.c. §§ 157. 1334, not under Title 11 of the United States Code, for which the Bankruptcy Court can exercise jurisdiction, see id. With respect to Defendant's request for dismissal or inspection of the minutes of the Grand Jury proceedings in this case, Defendant's argument regarding misconduct before the Grand Jury is wholly speculative, falling short of what is required even for inspection, let alone dismissal. See, e.g., United States v. Basciano, 763 F. Supp. 2d 303, 315-16 (E.D.N.Y. 2011). Defendant's application for a bill of particulars specifying "what began the probable cause" and "the thinking of the US prosecutor" is denied. Those requests go well beyond the proper function of a bill of particulars, as set forth in my earlier decision denying Defendant's request for particulars. (Doc. 58.) Finally, Defendant's application for release on bail is denied. There is nothing in Defendant's instant application suggesting why the revocation of his bail should be revisited. For the reasons stated above, the applications in Defendant's October 21,2011 motion are denied.(Signed by Judge Sealed on 10/28/2011) The Clerks Office Has Mailed Copies. (fk) (Entered: 10/28/2011)
2011-11-01 95 0 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Veronica Tobin. Time excluded from 10/31/2011 until 11/10/2011. The Court finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial in order to permit defense counsel to engage in discussions concerning a resolution of the defendant's charges prior to trial. Accordingly, it is further ORDERED that the time between the date of this order and November 10, 2011, the date of the rescheduled conference, is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h) (7) (A), in the interests of justice. (Signed by Judge Cathy Seibel on 10/31/2011)(jty) (Entered: 11/01/2011)
2011-11-09 96 0 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Veronica Tobin. Time excluded from 11/9/2011 until 12/8/2011. (Signed by Judge Cathy Seibel on 11/9/2011)(fk) (Entered: 11/10/2011)
2011-11-28 97 0 ORDER as to Andrew Bartok. Finally, Defendant's application for release on bail is denied. Contrary to his argument, pretrial detention itself does not violate due process. See generally, e.g., United States v. Salerno, 481 U.S. 739 (1987); Bell v. Wolfish, 441 U.S. 520 (1979). Defendant had an opportunity to be heard at a hearing before his bail was revoked, and has not pointed to any evidence or argument he wished to present that he was not able to present. Finally, the length of his detention has not approached the point where it would be unconstitutional, especially given that the schedule in place was set at the Defendant's request with his full understanding that he would be detained in the meantime. See generally, e.g., United States v. El-Gabrowny, 35 F.3d 63,65 (2d Cir.1994); see also id. (noting that length of detention will rarely by itself offend due process and concluding under facts of case that eighteen-month detention did not violate due process). For the reasons stated above, the applications in Defendant's November 19,2011 motion are denied.The Court is concerned, however, about Defendant's allegation that he does not have discovery materials, which he says remain in the custody of his former counsel. On September 21, 2011, former counsel represented that he would send all discovery to Defendant. This representation was appropriate, because even though counsel might be entitled to a lien on the client's file if legal fees are outstanding, that lien may in appropriate circumstances give way in a criminal case to the Defendant's need to defend himself. See, e.g., Pomerantz v. Schandler, 704 F.2d 681,683 (2d Cir. 1983). The Government is directed to communicate with Defendant's former counsel, ascertain the status of the turnover of the discovery materials, and advise the Court. In the alternative, the Government may provide a new set ofdiscovery materials to Defendant.Defendant is advised that the Court will not entertain any motions between now and the next scheduled court appearance on December 21, 2011, apart from applications that could not have been made sooner and require a decision on an emergency basis. Finally, my October 28, 2011 Order, (Doc. 94), required Defendant to provide to the Court and the Government, by November 21, 2011, proof that Defendant had complied with my earlier Order that he sell his Mercedes-Benz automobile and deposit the proceeds in the escrow account of his former attorney. I have received no such proof as of today. If such proof does not arrive with a postmark of November 21,2011 or earlier, Defendant will be in contempt of court. At the December 21, 2011 conference, the Court will discuss with the parties what sanction should be imposed. (Signed by Judge Cathy Seibel on 11/23/2011)(fk) (Entered: 11/29/2011)
2011-11-28 98 0 Letter by Andrew Bartok addressed to Judge Cathy Seibel from Andrew Bartok dated 11/14/2011 re: Motion to Strike Surplusage and Bail. (fk) (Entered: 11/29/2011)
2011-11-30 99 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from John P. Collins dated 11/30/2011 re:The Government writes to advise the Court that it appears that the defendant Andrew Bartok has failed to comply with the Court's October 11, 2011 Order directing that the defendant sell/liquidate his 2009 Mercedes Benz on or before November 10, 2011 and submit proof of such sale by November 21, 2011. ENDORSEMENT: The court will give Mr. Bartok an opportunity to be heard on 12/21 as to why he seemingly has not complied with my Order. Both parties should be prepared to discuss what contempt remedy might be appropriate and/or whether I have the authority to have the Marshall seize and sell the vehicle. So Ordered. (Signed by Judge Cathy Seibel on 11/30/2011)(jty) (Entered: 12/01/2011)
2011-11-30 100 0 NOTICE OF RESCHEDULING OF CONFERENCE as to Veronica Tobin Status Conference set for 12/7/2011 at 04:00 PM before Judge Cathy Seibel. The conference previously scheduled by this Court for December 8, 2011is rescheduled by this Court to December 7, 2011 at 4:00 p.m.at the Charles L. Brieant United States Courthouse, 300 Quarropas St., White Plains, NY 10601, Courtroom 218.(jty) Modified on 12/6/2011 (jty). (Entered: 12/02/2011)
2011-12-15 101 0 TRANSCRIPT of Proceedings as to Andrew Bartok, Kathleen Addario, Veronica Tobin held on 8/18/2011 before Judge Cathy Seibel. Court Reporter: Angela O'Donnell. (fk) (Entered: 12/16/2011)
2011-12-15 102 0 TRANSCRIPT of Proceedings as to Andrew Bartok held on 9/21/2011 before Judge Cathy Seibel. Court Reporter: Angela O'Donnell. (fk) (Entered: 12/16/2011)
2012-01-12 103 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from Amy Attias dated 1/11/2012 re: I wish to ask Your Honor to reconsider the requirement that the Mercedes be sold, for two reasons. The first is completely practical I have spoken to a sales person at the Mercedes dealer in Paramus, New Jersey, where "Mr. Bartok originally bought the car. The dealership is willing to repurchase the car, but it will only offer $55,000.ENDORSEMENT: Whoever is dealing with the sale of the car should see if a better price can be obtained via a private sale(crigslist or whatever). The sale of the car is not a forfeiture; rather it is to reimburse, even in small part, a lawyer who worked many hours believing he would be paid by CJA, not realizing that his client had lied about his eligibility for CJA, I'm sorry about Mr. Bartock's son but Mr Bartok should not have manipulated the Court and his own counsel. Ms. Attias and the Government shall advise as to weather Mr Bartok's receipt of Social security suggests he should reimburse federal defenders, at least in part, pursuant to 18: U.S.C. 3006A(C)and (f) So Ordered. (Signed by Judge Cathy Seibel on 1/11/2012)(jty) (Main Document 103 replaced on 1/17/2012) (fk). (Entered: 01/12/2012)
2012-01-12 104 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from Amy Attias dated 1/12/2012 re: Therefore, will all due respect, I suggest that the only practical buyer for this car is the dealer, who is prepared to move ahead. Anything beyond that is inappropriate for me to become involved with. I believe that the transfer to the dealer can be accomplished within two weeks, on or before January 27,2012, and I ask you to set that date as the new deadline for the sale. ENDORSEMENT: I thought Ms. Attias suggested a Federal Defenders investigation could help sell the car. If not, I don't see why Mr. Bartok's family cannot assist him. If the son is driving the car, he could surely help sell the car it, and Mr. Bartok could sign papers brought to him in jail. At the very least Mr. Bartok's family could explore the internet to see what price might be obtained. If it would not be more then $55K, then a quick sale through the dealer is fine. But if more could be fetched through a private sale, I would need to know why the family (or someone else) can't help Mr. Bartok, who has been under court order for months to sell that car. Mr. Bartok should report back to the court on the above issue within a week. So Ordered. (Signed by Judge Cathy Seibel on 1/12/2012)(jty) (Entered: 01/13/2012)
2012-01-17 105 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from John P. Collins dated 1/13/2012 re:After conferring with Bartok's defense counsel-- who consents to the following revised motion schedule-- the Government proposes that defense motions be due on February 17, 2012, the Government's response be due on March 2, 2012, and the defense reply briefbe due on March 9, 2012. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Cathy Seibel on 1/17/2012)(jty) (Entered: 01/17/2012)
2012-01-17 106 0 ORDER as to Andrew Bartok, Kathleen Addario, Veronica Tobin. Document 103 is hereby withdrawn from the public record, to be replaced with the attached. SO ORDERED. (Signed by Judge Cathy Seibel on 1/17/2012) (Attachments: # 1 Attachment)(jty) Modified on 1/17/2012 (jty). (Entered: 01/17/2012)
2012-01-20 107 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from Amy M. Attias dated 1/20/2012 re: This is to update Your Honor on the progress of the sale of Mr. Bartok's 2009 Mercedes. Earlier this week, Mrs. Bartok took out advertisements in three newspapers and placed the car on Craig's List. The cost of the ads was approximately $370, and each will run for a week (through on or about January 25). The asking price for the car is $70,000. Copies of the newspaper ads are attached.ENDORSEMENT: No need to continue ads past next week, but she should try Craigslist too. if no bits after a week on craigslist, she may sell to dealer. So Ordered. (Signed by Judge Cathy Seibel on 1/20/2012)(jty) (Entered: 01/20/2012)
2012-01-30 108 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from John P. Collins dated 1/27/2012 re: After conferring with Bartok's defense counsel and obtaining her consent, the Government proposes the following revision to the motion schedule. ENDORSEMENT: Unfortunately this proposal dose not work for the court. I can move augment and rulings to 3/29/2012 at 9:30 am, but the motions must be fully submitted by 3/16. If the parties can work out a schedule that suites them, and has all papers to me by 5 pm on 3/16, it's okay with me. Please advise. So Ordered. (Signed by Judge Cathy Seibel on 1/30/2012)(jty) (Entered: 01/31/2012)
2012-02-09 109 0 NOTICE OF ADJOURNMENT OF CONFERENCE as to Andrew Bartok: The conference previously scheduled by this Court for March 29, 2012 at 9:30 a.m. is adjourned by this Court to 10:45 a.m. on the same date, March 29, 2012 at the Charles L. Brieant United States Courthouse, 300 Quarropas St., White Plains, NY 10601, Courtroom 621. Status Conference set for 3/29/2012 at 10:45 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (lnl) (Entered: 02/09/2012)
2012-02-15 110 0 (S4) SUPERSEDING INDICTMENT FILED as to Andrew Bartok (1) count(s) 1ssss, 2ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss, 8ssss, 9ssss, 10ssss. (jty) (Entered: 02/17/2012)
2012-03-01 111 0 TRANSCRIPT of Proceedings as to Andrew Bartok, Kathleen Addario, Veronica Tobin held on 12/21/2011 before Judge Cathy Seibel. Court Reporter: Christina M. Arends-Dieck. (jty) (Entered: 03/01/2012)
2012-03-08 112 0 MOTION Severance of Counts and Partial Recusal. Document filed by Andrew Bartok. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Attias, Amy) (Entered: 03/08/2012)
2012-03-08 113 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT in Support as to Andrew Bartok re 112 MOTION Severance of Counts and Partial Recusal.. (Attias, Amy) Modified on 3/9/2012 (ka). (Entered: 03/08/2012)
2012-03-14 114 0 AFFIRMATION of Amy Attias in Support as to Andrew Bartok re 112 MOTION Severance of Counts and Partial Recusal.. (Attias, Amy) (Entered: 03/14/2012)
2012-03-20 115 0 MEMORANDUM in Opposition by USA as to Andrew Bartok re 112 MOTION Severance of Counts and Partial Recusal.. (Collins, John) (Entered: 03/20/2012)
2012-03-20 116 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from Amy M. Attias dated 3/19/2012 re: I wanted to inform you that I have (finally) managed to arrange for the sale or Mr. Bartok's Mercedes, as you had ordered some months ago. Attached is a copy of the check from the dealer, in the amount of $2, 733.43. ENDORSEMENT: Mr Till haven billed CJA as I understand it, although he was authorized to do so. The money should be applied to work Mr. Till did that he could have, but did not, bill CJA for, unless there is a legal reason why that would be improper. So Ordered. (Signed by Judge Cathy Seibel on 3/20/2012)(jty) (Entered: 03/20/2012)
2012-04-04 117 0 SEALED DOCUMENT placed in vault. (jty) (Entered: 04/04/2012)
2012-04-13 118 0 TRANSCRIPT of Proceedings as to Andrew Bartok, Kathleen Addario held on 9/14/11 before Judge Cathy Seibel. (jw) (Entered: 04/13/2012)
2012-04-20 119 0 USCA MANDATE ON INTERLOCUTORY APPEAL (certified copy) as to Andrew Bartok re: 76 Notice of Appeal - Interlocutory. USCA Case Number 11-3553. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 4/20/2012. (fk) (Entered: 04/20/2012)
2012-04-25 120 0 (S5) SUPERSEDING INFORMATION (Felony) filed as to Kathleen Addario (2) count(s) 1sss, 2sss, 3sss, 4sss, 5sss, 6sss, 7sss, 8sss, 9sss, 10sss, 11sss, 12sss, 13sss. (jty) (Entered: 04/26/2012)
2012-04-25 121 0 WAIVER OF INDICTMENT by Kathleen Addario. (jty) (Entered: 04/26/2012)
2012-05-07 122 0 (S6) SUPERSEDING INFORMATION (Felony) filed as to Veronica Tobin (3) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 6ss. (jty) (Entered: 05/09/2012)
2012-05-07 123 0 WAIVER OF INDICTMENT by Veronica Tobin. (jty) (Entered: 05/09/2012)
2012-05-18 124 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from John P. Collins dated 5/17/2012 re: The parties are currently engaging in discussions concerning a potential disposition of this case prior to trial With the consent of defense counsel, the Government respectfully requests that the Court set June 5, 2012 as the last date by which the defendant may plead guilty and still receive a three point reduction for acceptance of responsibility pursuant to U.S.S.G. Section 3Et.l. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Cathy Seibel on 5/18/2012)(jty) (Entered: 05/18/2012)
2012-05-29 125 0 NOTICE OF ATTORNEY APPEARANCE: Dawn Maria Florio appearing for Andrew Bartok. Dawn M. Florio (Florio, Dawn) (Entered: 05/29/2012)
2012-06-01 126 0 SCHEDULING ORDER as to Andrew Bartok. Pretrial Conference set for 7/11/2012 at 03:30 PM before Judge Cathy Seibel..The Court is aware that Defendant Bartok has recently retained new counsel. Needless to say, all previously set dates and deadlines remain in effect. For counsel's convenience, they are as follows: June 5, 2012 last day for entry of guilty plea with three-point reduction for acceptance of responsibility, June 18,2012 motions in limine to be filed by both sides, June 25, 2012 opposition to motions in limine, proposed voir dire questions, and requests to charge to be filed by both sides, June 29, 2012 Government to provide Defendant with marked Government trial exhibits, July 6,2012 Government to provide Defendant with Jencks Act material, July 11,2012, Final pre-trial conference at 3:30 p.m., July 16,2012 or Jury selection and trial (date will depend on when Court finishes, July 23, 2012 trial in USA v. Pagan)SO ORDERED. (Signed by Judge Cathy Seibel on 6/1/2012)(jty) (Entered: 06/01/2012)
2012-06-06 127 0 NOTICE of Change of Address as to Andrew Bartok. New Address: Dawn M. Florio Law Firm PLLC, 3604 BROADWAY, NEW YORK, NY, 10031, 2129399539. (Florio, Dawn) (Entered: 06/06/2012)
2012-06-06 128 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from Dawn M. Florio dated 6/5/2012 re:I just got retained to represent Mr. Andrew Bartok, on May 29, 2012. After being hired, I immediately contacted Mr. Bartok's former attorney, Amy Attias, AUSA John Patrick Collins, Jr. and AUSA Jeffrey Ehrlich Alberts to conference the case and request the documents on the case. Ms. Attias told me that she would have the discovery ready for me to pick on June 4, 2012. ENDORSEMENT: Status conference to be held on June 14, 2012 @ 3:30 p.m. So Ordered. (Signed by Judge Cathy Seibel on 6/6/2012)(jty) (Entered: 06/06/2012)
2012-06-11 129 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from John P. Collins dated 6/7/2012 re: Previously on April 8, 2012, after severing Counts Eight and Ten of Indictment S4 10 Cr. 510, the Court excluded time under the Speedy Trial Act pursuant to Title 18, United States Code, Section 3161(h)(7)(A) until July 23, 2012. The Government's belief is thatthe Court's exclusion of time applies to all counts not just Counts One through Seven and Nine. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Cathy Seibel on 6/8/2012)(jty) (Entered: 06/11/2012)
2012-06-15 130 0 TRANSCRIPT of Proceedings as to Kathleen Addario held on 4/25/2012 before Judge Cathy Seibel. Court Reporter: Mary Staten. (jty) (Entered: 06/15/2012)
2012-06-22 131 0 TRANSCRIPT of Proceedings as to Veronica Tobin held on 5/7/2012 before Judge Cathy Seibel. Court Reporter: Mary M. Staten. (jty) (Entered: 06/22/2012)
2012-07-06 132 0 ENDORSED LETTER as to Andrew Bartok, Kathleen Addario, Veronica Tobin addressed to Judge Cathy Seibel from John P. Collins dated 6/2/2012 re: The parties respectfully request that the Court hold a final pre-trial conference during the week of September 24, 2012. ENDORSEMENT: Schedule approved. Final Pre-trial conference to be held: September 25th 2012 @ 3:15 p.m. So Ordered. (Signed by Judge Cathy Seibel on 7/5/2012)(jty) (Entered: 07/06/2012)
2012-07-20 133 0 ORDER as to Andrew Bartok.Mr. Bartok is ORDERED to attend that appointment whether or not he finds it convenient The Court would hate to have to send Mr. Bartok to FCI Butner or another facility for a mental-health evaluation but will do so if necessary. Ms. Florio is to promptly convey this Order to her client.SO ORDERED. (Signed by Judge Cathy Seibel on 7/20/2012)(jty) (Entered: 07/20/2012)
2012-08-15 134 0 NOTICE OF COURT CONFERENCE as to Andrew Bartok Bail Hearing set for 8/17/2012 at 11:00 AM before Judge Cathy Seibel.A bail hearing will be held before the Hon. Cathy Seibel, U.S.D.J. on Friday, August 17,2012 at 11:00 a.m. at the Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, NY 10601,Courtroom 621. (jty) Modified on 8/15/2012 (jty). (Entered: 08/15/2012)
2012-08-17 135 0 ORDER as to Andrew Bartok.ORDERED that Mr. Bartok have aneurological e)(amination as soon as reasonably practicable. Mr. Bartok's counsel was also not clear on whether her client had had a psychological or psychiatric evaluation. My information is that he has had one, but if he has not, it is further ORDERED that Mr. Bartok have a psychological or psychiatric evaluation as soon as reasonably practicable. If in the view of the Marshals Service, these e)(aminations could be accomplished sooner or more efficiently at a different facility, they may transfer Mr. Bartok, at least between now and his scheduled October 1, 2012 trial. No transfer is ordered, however; that matter is left to the discretion of the Marshals as to the best way to most quickly accomplish the required evaluation( s ). SO ORDERED. (Signed by Judge Cathy Seibel on 8/17/2012)(jty) (Entered: 08/20/2012)
2012-08-21 136 0 ORDER as to Andrew Bartok. ORDERED that, in addition to having a neurological exam as soon as practicable, Mr. Bartok have a "730 examination for competency to stand trial" as soon as practicable. There being a hearing before the Court on September 10, 2012, the reports of these examinations shall bedelivered to the Court by September 7, 2012.So Ordered. (jty) (Entered: 08/21/2012)
2012-09-12 137 0 MOTION in Limine. Document filed by USA as to Andrew Bartok, Kathleen Addario, Veronica Tobin. Return Date set for 9/25/2012 at 03:15 PM. (Alberts, Jeffrey) (Entered: 09/12/2012)
2012-09-12 138 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine Memorandum of Law. Document filed by USA as to Andrew Bartok, Kathleen Addario, Veronica Tobin. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Alberts, Jeffrey) Modified on 9/13/2012 (ka). (Entered: 09/12/2012)
2012-09-13 139 0 MEMORANDUM in Support by USA as to Andrew Bartok, Kathleen Addario, Veronica Tobin re 137 MOTION in Limine.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Alberts, Jeffrey) (Entered: 09/13/2012)
2012-09-14 140 0 NOTICE of Notice to Introduce Medical Expert as to Andrew Bartok (Florio, Dawn) (Entered: 09/14/2012)
2012-09-18 141 0 PROPOSED EXAMINATION OF JURORS by USA as to Andrew Bartok. (Collins, John) (Entered: 09/18/2012)
2012-09-19 142 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from John P. Collins dated 9/18/2012, As to Andrew Bartok re:The parties respectfully that the Court adjourn the final pre-trial conference, currentlyscheduled for September 25,2012, until later that week or Monday, October 1, 2012.ENDORSEMENT:Application Granted. 9/25/2012 final PTC adjourned to 10/1/2012 at 9:30 AM. So Ordered. ( Pretrial Conference set for 10/1/2012 at 09:30 AM before Judge Cathy Seibel.). (Signed by Judge Cathy Seibel on 9/18/2012)(jty) (Entered: 09/19/2012)
2012-09-24 143 0 Request To Charge by USA as to Andrew Bartok, Kathleen Addario, Veronica Tobin. (Alberts, Jeffrey) (Entered: 09/24/2012)
2012-09-24 144 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from Dawn M. Florio dated 9/24/2012 re: respectfully request an extension to respond to the Motions in Limine from the Government until Tuesday, September 25,2012. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Cathy Seibel on 9/24/2012)(jty) (Entered: 09/25/2012)
2012-09-25 145 0 FIRST REPLY MEMORANDUM OF LAW in Opposition as to Andrew Bartok re: 137 MOTION in Limine. Dawn M. Florio. (Florio, Dawn) (Entered: 09/25/2012)
2012-09-25 146 0 FIRST MOTION to Exclude EVIDENCE AND/OR IN THE ALTERNATIVE DISQUALIFY UNITED STATES DISTRICT COURT JUDGE. Document filed by Andrew Bartok. (Florio, Dawn) (Entered: 09/25/2012)
2012-09-25 147 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED EXAMINATION OF JURORS by Andrew Bartok. (Florio, Dawn) Modified on 9/27/2012 (ka). (Entered: 09/25/2012)
2012-09-27 148 0 Proposed Voir Dire Questions by Andrew Bartok. (Florio, Dawn) (Entered: 09/27/2012)
2012-09-28 149 0 Letter by Andrew Bartok addressed to Judge Cathy Seibel from Dawn M. Florio dated 9/26/2012 (jty) (Entered: 09/28/2012)
2012-10-03 150 0 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - NOTICE OF ATTORNEY APPEARANCE: Dawn Maria Florio appearing for Andrew Bartok. Appearance Type: Retained. Amy Attias (Florio, Dawn) Modified on 10/4/2012 (ka). (Entered: 10/03/2012)
2012-10-03 151 0 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF ATTORNEY APPEARANCE: Dawn Maria Florio appearing for Andrew Bartok. Appearance Type: Retained. Gloria Keum (Florio, Dawn) Modified on 10/3/2012 (ka). Modified on 10/3/2012 (ka). (Entered: 10/03/2012)
2012-10-03 152 0 NOTICE of Change of Address as to Andrew Bartok. New Address: Dawn M. Florio Law Firm PLLC, 3604 Broadway, New York, NY, 10031, 2129399539. (Florio, Dawn) (Entered: 10/03/2012)
2012-10-04 153 0 NOTICE OF ATTORNEY APPEARANCE: Dawn Maria Florio appearing for Andrew Bartok. Appearance Type: Retained. Amy Attias (Florio, Dawn) (Entered: 10/04/2012)
2012-10-04 154 0 NOTICE OF ATTORNEY APPEARANCE: Dawn Maria Florio appearing for Andrew Bartok. Appearance Type: Retained. Gloria Keum (Florio, Dawn) (Entered: 10/04/2012)
2012-10-11 155 0 SEALED DOCUMENT placed in vault. (jty) (Entered: 10/11/2012)
2012-10-15 156 0 ORDER as to Andrew Bartok: The Court understands that medical personnel at the Westchester County Jail have arranged a third neurological appointment for Defendant Bartok for October 15, 2012. Because Mr. Bartok has refused to attend the previous two appointments and because it is possible that the appointment may reveal a condition requiring prompt treatment, it is hereby ORDERED, by and with the consent of Mr. Bartok and his counsel, that if Mr. Bartok does not cooperate in attending the scheduled appointment on October 15, 2012, Jail personnel may use reasonable force to require him to attend. SO ORDERED. (Signed by Judge Cathy Seibel on 10/12/2012) (lnl) (Entered: 10/16/2012)
2012-10-18 157 0 NOTICE OF ATTORNEY APPEARANCE: Gloria Keum appearing for Andrew Bartok. Appearance Type: Retained. Gloria Keum (Keum, Gloria) (Entered: 10/18/2012)
2012-10-25 158 0 TRANSCRIPT of Proceedings as to Andrew Bartok re: Trial held on 10/19/2012 before Judge Cathy Seibel. Court Reporter/Transcriber: Angela O*Donnell, (914) 390-4025, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/28/2013. (jty) (Entered: 10/26/2012)
2012-10-25 159 0 TRANSCRIPT of Proceedings as to Andrew Bartok re: Trial held on 10/18/2012 before Judge Cathy Seibel. Court Reporter/Transcriber: Angela O*Donnell, (914) 390-4025, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/28/2013. (jty) (Entered: 10/26/2012)
2012-10-25 160 0 TRANSCRIPT of Proceedings as to Andrew Bartok re: Trial held on 10/15/2012 before Judge Cathy Seibel. Court Reporter/Transcriber: Angela O*Donnell, (914) 390-4025, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/28/2013. (jty) (Entered: 10/26/2012)
2012-10-25 161 0 TRANSCRIPT of Proceedings as to Andrew Bartok re: Trial held on 10/17/2012 before Judge Cathy Seibel. Court Reporter/Transcriber: Angela O*Donnell, (914) 390-4025, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/28/2013. (jty) (Entered: 10/26/2012)
2012-10-25 162 0 TRANSCRIPT of Proceedings as to Andrew Bartok re: Trial held on 10/16/2012 before Judge Cathy Seibel. Court Reporter/Transcriber: Angela O*Donnell, (914) 390-4025, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/28/2013. (jty) (Entered: 10/26/2012)
2012-11-02 163 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from Dawn M. Florio dated 11/1/2012 re: I have processed the following Full Rule 33 Motion briefing schedule with the Governments consent subject to the courts approval: November 20,2012- Defendants' Brief, December 20, 2012,Governments Response December 27,2012, Defendants' Reply.ENDORSEMENT: Schedule approved. So Ordered. (Signed by Judge Cathy Seibel on 11/1/2012)(jty) (Entered: 11/02/2012)
2012-11-20 164 0 FIRST MOTION to Set Aside Verdict. Document filed by Andrew Bartok. Return Date set for 11/20/2012 at 04:58 PM. (Florio, Dawn) (Entered: 11/20/2012)
2012-11-30 165 0 TRANSCRIPT of Proceedings as to Andrew Bartok re: Oral Argument held on 10/1/2012 before Judge Cathy Seibel. Court Reporter/Transcriber: Mary Staten, (914) 390-4027. (fk) (Entered: 11/30/2012)
2012-11-30 166 0 NOTICE OF ADJOURNMENT OF SENTENCING as to Kathleen Addario Sentencing set for 2/20/2013 at 03:45 PM before Judge Cathy Seibel. The Sentencing previously scheduled by this Court for December 14, 2012is adjourned by this Court to February 20, 2013 at 3:45 p.m. at the Charles L.Brieant United States Courthouse, 300 Quarropas St., White Plains, NY 10601,Courtroom 621.(jty) (Entered: 11/30/2012)
2012-11-30 167 0 NOTICE OF ADJOURNMENT OF SENTENCING as to Veronica Tobin Sentencing set for 2/22/2013 at 03:30 PM before Judge Cathy Seibel. The Sentencing previously scheduled by this Court for December 13, 2012is adjourned by this Court to February 22, 2013 at 3:30p.m. at the Charles L.Brieant United States Courthouse, 300 Quarropas St., White Plains, NY 10601,Courtroom 621.(jty) (Entered: 11/30/2012)
2012-12-03 168 0 ENDORSED LETTER as to Veronica Tobin addressed to Judge Cathy Seibel from Dominick Porco dated 11/29/2012 re: Defendant's request for adjournment of sentencing. ENDORSEMENT: 12/13/2012 sentencing adjourned to 2/22/2013 at 3:00 pm. As to Veronica Tobin( Sentencing set for 2/22/2013 at 03:00 PM before Judge Cathy Seibel.). (Signed by Judge Cathy Seibel on 11/30/2012)(fk) (Entered: 12/03/2012)
2012-12-04 169 0 ENDORSED LETTER as to Veronica Tobin addressed to Judge Cathy Seibel from Dominick Porco dated 11/30/2012 re: Defendant's request for adjournment of sentencing. ENDORSEMENT: Sentencing adjourned to March 7, 2013 at 3:45 pm. As to Veronica Tobin( Sentencing set for 3/7/2013 at 03:45 PM before Judge Cathy Seibel.). (Signed by Judge Cathy Seibel on 12/3/2012)(fk) (Entered: 12/05/2012)
2012-12-20 170 0 MEMORANDUM in Opposition by USA as to Andrew Bartok re 164 FIRST MOTION to Set Aside Verdict.. (Collins, John) (Entered: 12/20/2012)
2013-01-17 171 0 ENDORSED LETTER as to Kathleen Addario addressed to Judge Cathy Seibel from Steven D. Altman dated 3/29/2012, re:it is respectfully requested that this matter be adjourned and rescheduled for some time in March, 2013, if convenient for the Court.ENDORSEMENT:2/20/2013 sentencing adjourned to: 3/28/2013 @ 2:00 PM. As to Kathleen Addario( Sentencing set for 3/28/2013 at 02:00 PM before Judge Cathy Seibel.). (Signed by Judge Cathy Seibel on 1/16/2013)(jty) (Entered: 01/18/2013)
2013-01-31 172 0 ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Andrew Bartok. Time excluded from 1/30/2013 until 3/25/2013.The Court finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial in order to allow the partiesto determine how to resolve Counts Eight and Ten of the Indictment.Accordingly, it is further ORDERED that the time between the date of this order and March 25, 2013, the date of the sentencing for Counts One through Seven of the Indictment, is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161 (h) (7) (A), in the interests of justice. (Signed by Judge Cathy Seibel on 1/30/2013)(jty) (Entered: 01/31/2013)
2013-02-19 173 0 TRANSCRIPT of Proceedings as to Andrew Bartok re: Trial held on 10/22/2012 before Judge Cathy Seibel. Court Reporter/Transcriber: Mary Staten, (914) 390-4027, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/15/2013. Redacted Transcript Deadline set for 3/25/2013. Release of Transcript Restriction set for 5/23/2013. (jty) (Entered: 02/19/2013)
2013-02-19 174 0 TRANSCRIPT of Proceedings as to Andrew Bartok re: Trial held on 10/23/2012 before Judge Cathy Seibel. Court Reporter/Transcriber: Mary Staten, (914) 390-4027, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/15/2013. Redacted Transcript Deadline set for 3/25/2013. Release of Transcript Restriction set for 5/23/2013. (jty) (Entered: 02/19/2013)
2013-04-03 175 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from Dawn M. Florio dated 4/2/2013 re:I am requesting a three (3) week adjournment. ENDORSEMENT: Sentencing adjourned to April 30, 2013 @ 2:30 PM. So Ordered. As to Andrew Bartok( Sentencing set for 4/30/2013 at 02:30 PM before Judge Cathy Seibel.). (Signed by Judge Cathy Seibel on 4/2/2013)(jty) (Entered: 04/03/2013)
2013-04-19 176 0 Letter by Kathleen Addario addressed to Judge Cathy Seibel from Steven Althman dated 4/18/2013 re: The objections that I previously filed on behalf of Kathleen Addario to her Presentence Investigation Report are to be considered withdrawn at the present time. It is, however, my intention to submit a Sentencing Memorandum on behalf of Kathleen Addario before her sentencing date. (jty) (Entered: 04/19/2013)
2013-04-19 177 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from Dawn M. Florio dated 4/18/2013 re: I am requesting a three (3) week adjournment, so any date from May 22, 2013 or anytime thereafter. I apologize to the court for any inconvenience this may cause. Thank you for your attention to this matter.ENDORSEMENT: Sentencing adjourned to 5/29/2013 @ 2:00. No further adjournments. So Ordered. As to Andrew Bartok( Sentencing set for 5/29/2013 at 02:00 PM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 4/19/2013)(jty) (Entered: 04/19/2013)
2013-05-23 178 0 SENTENCING MEMORANDUM by USA as to Andrew Bartok. (Collins, John) (Entered: 05/23/2013)
2013-05-24 179 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from Andrew Bartok dated 5/16/2013, re: I want to replace my attorney, Dawn Florio, Esq. with Gerald M. Saluti, Jr., of Roberts & Saluti, LLC, located at 50 Park Place, suite 1492, Newark, New Jersey, (973-792-4300). I feel this attorney has the experience and knowledge of Federal Laws and Federal rules of criminal procedure. Dawn Florio did not have knowledge of my case, northe laws of Federal Procedure, which became evident to me at the time of trial. ENDORSEMENT: May 29, 2013 sentencing adjourned without date. Instead, the court will hold a status conference on May 29, 2013 at 2:00 pm. to discuss Mr. Bartok's letter request for submission of counsel. So Ordered. As to Andrew Bartok( Status Conference set for 5/29/2013 at 02:00 PM before Judge Cathy Seibel.). (Signed by Judge Cathy Seibel on 5/24/2013)(jty) (Entered: 05/24/2013)
2013-06-03 180 0 ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Andrew Bartok. Time excluded from 5/31/2013 until 10/9/2013. Accordingly, it is ORDERED that the time between the date of this order and October 9, 2013, the date of the rescheduled sentencing, is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h) (7) (A), in the interests of justice. (Signed by Judge Cathy Seibel on 5/31/2013)(jty) (Entered: 06/03/2013)
2013-09-11 181 0 ENDORSED LETTER as to Andrew Bartok addressed to Judge Cathy Seibel from Amy M. Attias dated 9/10/2013 re: Sentencing in the above-referenced case is set for October 9, 2013. I respectfully ask for an extension of several days, until September 18, 2013, to make my sentencing submission. If the government requires time outside of the scheduled dates to answer, I would of course have no objection to such a request. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Cathy Seibel on 9/11/2013)(jty) (Entered: 09/12/2013)
2013-09-25 182 0 NOTICE OF HEARING as to Kathleen Addario Sentencing set for 11/12/2013 at 10:00 AM before Judge Cathy Seibel.The sentencing previously scheduled by this Court for November 4, 2013is adjourned by this Court to NOVEMBER 12, 2013 AT 10:00 A.M. at the Charles L. Brieant United States Courthouse, 300 Quarropas St., White Plains, NY 10601, Courtroom 621. (jty) (Entered: 09/25/2013)
2013-09-27 183 0 SENTENCING SUBMISSION by USA as to Andrew Bartok. (Collins, John) (Entered: 09/27/2013)
2013-09-30 184 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Sentencing Letter by Kathleen Addario addressed to Hon. Cathy Seibel from Steven D. Altman, Esq. dated September 30, 2013 re: Rescheduling sentencing. (Altman, Steven) Modified on 10/1/2013 (ka). (Entered: 09/30/2013)
2013-09-30 185 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Sentencing Letter by Kathleen Addario addressed to Hon. Cathy Seibel from Steven D. Altman, Esq. dated September 30, 2013 re: corrected ltr. re: sentencing. (Altman, Steven) Modified on 10/1/2013 (ka). (Entered: 09/30/2013)
2013-10-01 186 0 FIRST LETTER MOTION addressed to Judge Cathy Seibel from Steven D. Altman, Esq. dated September 30, 2013 re: Adjournment of sentencing date November 12, 2013. Document filed by Kathleen Addario. (Altman, Steven) (Entered: 10/01/2013)
2013-11-01 187 0 JUDGMENT # 13, 0333 WP as to Andrew Bartok (1), Count(s) 1, 10ssss, 1s, 1ss, 1sss, 2s, 2ss, 2sss, 3s, 3ss, 3sss, 4s, 4ss, 4sss, 5s, 5ss, 5sss, 6sss, 8ssss, 9ssss, Dismissed; Count(s) 1ssss, 2ssss, 3ssss, 4ssss, 5ssss, 6ssss, 7ssss, Imprisonment - 264 Months. Supervised Release - 3 Years. Special Assessment $700.00. Restitution $2,929,411.00. (Signed by Judge Cathy Seibel on 10/31/2013)(fk) (Entered: 11/07/2013)
2013-11-07 188 0 NOTICE OF APPEAL by Andrew Bartok from 187 Judgment,. (Attachments: # 1 Judgment)(nd) (Entered: 11/12/2013)
2013-11-19 189 0 NOTICE OF ADJOURNMENT OF SENTENCING as to Veronica Tobin.The Sentencing previously scheduled by this Court for December 5, 2013 is adjourned at request of counsel to January 16, 2014 at 10:00 a.m. at the Charles L. Brieant United States Courthouse, 300 Quarropas St., White Plains, NY 10601,Courtroom 621. Sentencing set for 1/16/2014 at 10:00 AM before Judge Cathy Seibel. (jty) (Entered: 11/19/2013)
2013-11-19 190 0 NOTICE OF ADJOURNMENT OF. SENTENCING as to Kathleen Addario The Sentencing previously scheduled by this Court for November 26, 2013 is adjourned at request of counsel to January 13, 2014 at 10:00 a.m. at the Charles L. Brieant United States Courthouse, 300 Quarropas St., White Plains, NY 10601, Courtroom 621. Sentencing set for 1/13/2014 at 10:00 AM before Judge Cathy Seibel. (jty) (Entered: 11/19/2013)
2013-11-21 191 0 TRANSCRIPT of Proceedings as to Andrew Bartok re: Sentence held on 10/9/13 before Judge Cathy Seibel. Court Reporter/Transcriber: Albert Gorn, 914-390-4222, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/16/2013. Redacted Transcript Deadline set for 12/26/2013. Release of Transcript Restriction set for 2/24/2014. (Rodriguez, Somari) (Entered: 11/21/2013)
2013-11-21 192 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Andrew Bartok. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/9/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 11/21/2013)
2013-11-21 193 0 TRANSCRIPT of Proceedings as to Andrew Bartok re: Sentence held on 10/10/13 before Judge Cathy Seibel. Court Reporter/Transcriber: Albert Gorn, 914-390-4222, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/16/2013. Redacted Transcript Deadline set for 12/26/2013. Release of Transcript Restriction set for 2/24/2014. (Rodriguez, Somari) (Entered: 11/21/2013)
2013-11-21 194 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Andrew Bartok. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/9/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 11/21/2013)
2013-12-03 195 0 AMENDED JUDGMENT # 13, 0333 WP as to Andrew Bartok (1), Count(s) 1, 10ssss, 1s, 1ss, 1sss, 2s, 2ss, 2sss, 3s, 3ss, 3sss, 4s, 4ss, 4sss, 5s, 5ss, 5sss, 6sss, 8ssss, 9ssss, Dismissed; Count(s) 1ssss, IMPRISONMENT: The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for atotal term of 12 Two-hundred and sixty-four (264) months, as follows: Counts 1, 2, 5, and 7: two-hundred and forty (240) months on each count, to run concurrent to one another: Counts 3, 4, and 6: twenty-four (24) months on each count, to run concurrent with one another and consecutive to sentences imposed on Counts 1, 2, 5, and 7. Defendant is advised of his right to appeal.Upon release from imprisonment, the defendant shall be on supervised release for a term of:Three (3) years on Counts 1, 2, 3, 4, 5, 6, and 7, to run concurrent. (Signed by Judge Cathy Seibel on 10/3/2013)(jty) Modified on 12/5/2013 (jty). (Entered: 12/04/2013)
2013-12-04 196 0 SEALED DOCUMENT placed in vault.11804 (jty) (Entered: 12/04/2013)
2014-01-08 197 0 NOTICE OF ADJOURNMENT OF CONFERENCE as to Veronica TobinThe sentencing previously scheduled by this Court for 11:00 a.m. on February 3, 2014 is adjourned by this Court to 3:30 p.m. on February 3, 2014 (same date) at the Charles L. Brieant United States Courthouse, 300 Quarropas St White Plains, NY 10601, Courtroom 621.Sentecing set for 2/3/2014 at 03:30 PM before Judge Cathy Seibel. (jty) (Entered: 01/08/2014)
2014-01-08 198 0 NOTICE OF ADJOURNMENT OF CONFERENCE as to Veronica Tobin Sentencing set for 2/3/2014 at 03:30 PM before Judge Cathy Seibel.The sentencing previously scheduled by this Court for 11:00 a.m. on February 3, 2014 is adjourned by this Court to 3:30p.m. on February 3, 2014 (same date) at the Charles L. Brieant United States Courthouse, 300 Quarropas White Plains, NY 10601, Courtroom 621 St., (jty) (Entered: 01/08/2014)
2014-01-10 199 0 Sentencing Letter by Kathleen Addario addressed to Hon. Cathy Seibel from Steven D. Altman, Esq. dated January 10, 2014 re: adjournment request. (Altman, Steven) (Entered: 01/10/2014)
2014-01-24 200 0 SURRENDER ORDER as to Kathleen Addario. It is hereby ordered that Kathleen Addario Defendant, having been sentenced in the above case to the custody of the Attorney General, is to surrender himself to the Attorney General by reporting to the Correctional Institution to be designated by the Bureau of Prisons before 2:00p.m. on 3/24/2014. (Signed by Judge Cathy Seibel on 1/24/2014)(jty) (Entered: 01/27/2014)
2014-02-07 201 0 ORDER DIRECTING FORFEITURE OF PROPERTY as to Kathleen Addario.IT IS HEREBY STIPULATED AND AGREED, by and between the plaintiff, United States of America, by its attorney Preet Bharara, United States Attorney, Assistant United States Attorney John Collins, of counsel, and the defendant, and her counsel, StevenAltman, Esq., that:1. As a result of the offense charged in Counts One, Two,Three, Five, Seven, Eight, Nine, Eleven and Twelve of the Information, to which the defendant pled guilty, a money judgment in the amount of $2, 929,411 in United States currency shall be entered against the defendant.2. Pursuant to Rule 32.2(b) (4) (A) of the Federal Rules of Criminal Procedure, this Consent Order of Forfeiture shall be final as to the defendant, KATHLEEN ADDARIO upon entry of this order, and shall be made part of the sentence of the defendant, and shall be included in the judgment of conviction therewith 3. Pursuant to Rule 32.2 (b) (3) of the Federal Rules of Criminal Procedure, upon entry of this order, the United States Attorneys Office is authorized to conduct any discovery needed to identify, locate or dispose of forfeitable property, including depositions, interrogatories, requests for production of documentsand the issuance of subpoenas, pursuant to Rule 45 of the FederalRules of Civil Procedure. 4. All payments on the outstanding money judgment shall be made by postal money order, bank or certified check, made payable,in this instance to the United States Marshals Service; and deliveredby mail to the United States Attorney's Office, Southern District of New York, Attn: Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007. 5. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Rule 32.2 (e) of the Federal Rules of Criminal Procedure. 6. The Clerk of the Court shall forward three certified copies of this Consent Order of Forfeiture to Assistant United States Attorney Sharon Cohen Levin, United States Attorney's Office, One St. Andrew's Plaza, New York, New York 10007. (Signed by Judge Cathy Seibel on 1/24/2014) The Clerks Office Has Mailed Copies. (jty) (Entered: 02/07/2014)
2014-02-07 202 0 JUDGMENT as to Kathleen Addario (2), Count(s) 1, 1s, 1ss, 2s, 3, 3s, 3ss, 4, 4s, 4ss, 5, 5s, 5ss, Dismissed; Count(s) 10sss, 11sss, 12sss, 13sss, 1sss, 2sss, 3sss, 4sss, 5sss, 6sss, 7sss, 8sss, 9sss, sentenced to a term of imprisonment of one year and one day on Counts I, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, to be served concurrent. The Court imposes a term of supervised release of three years on Counts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 to be served concurrently. Original Indictment and S1, S2, S3 and S4 Indictments are dismissed. Voluntary surrender March 24,2014. Restitution is imposed in the amount of $2,929,411. Consent Order of Forfeiture in the amount of $2,929,411. Special Assessment is $1,300. Bail is continued.. (Signed by Judge Cathy Seibel on 2/6/2014)(jty) (Entered: 02/07/2014)
2014-02-11 203 0 NOTICE OF ADJOURNMENT OF SENTENCING as to Veronica Tobin Sentencing set for 3/13/2014 at 10:30 AM before Judge Cathy Seibel. The Sentencing previously scheduled by this Court for March 4, 2014 is adjourned by this Court to March 13, 2014 at 10:30 a.m. at the Charles L. Brieant United States Courthouse, 300 Quarropas St., White Plains, NY 10601, Courtroom 621.(jty) (Entered: 02/14/2014)
2014-03-12 204 0 MOTION for Reconsideration. Document filed by Kathleen Addario. (Attachments: # 1 Letter Memorandum, # 2 Certification of Kathleen Addario, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D)(Altman, Steven) (Entered: 03/12/2014)
2014-03-18 205 0 SURRENDER ORDER as to Veronica Tobin. It is hereby Ordered that VERONICA TOBIN, Defendant, having been sentenced in the above case to the custody of the Attorney General, is to surrender himself to the Attorney General by reporting to the Correctional Institution to be designated by the Bureau of Prisonsbefore 2:00p.m. on JUNE 16, 2014. (Signed by Judge Cathy Seibel on 3/13/2014)(jty) (Entered: 03/18/2014)
2014-03-19 206 0 ORDER denied 204 Motion for Reconsideration as to Kathleen Addario (2)ENDORSEMENT: Application Denied, but I will extended Defendant Addario's surrender date to 5/8/2014 to enable to locate a suitable facility or situation for her mother. So Ordered.. (Signed by Judge Cathy Seibel on 3/19/2014) (jty) (Entered: 03/19/2014)
2014-03-20 207 0 ORDER DIRECTING FORFEITURE OF PROPERTY as to Veronica Tobin.IT IS HEREBY STIPULATED AND AGREED, by and between the plaintiff, United States of America, by its attorney Preet Bharara, United States Attorney, Assistant United States Attorney John Collins, of counsel, and the defendant, and her counsel, DomenickPorco, Esq., that:1. As a result of the offense charged in Counts One, Two,Three, Five and Six of the Information, to which the defendant pledguilty, a money judgment in the amount of $2,929,411 in United Statescurrency shall be entered against the defendant. 2. Pursuant to Rule 32.2(b) (4) (A) of the Federal Rules of Criminal Procedure, this Consent Order of Forfeiture shall be final as to the defendant, VERONICA TOBIN upon entry of this order, and shall be made part of the sentence of the defendant, and shallbe included in the judgment of conviction therewith.3. Pursuant to Rule 32.2(b) (3) of the Federal Rules of Criminal Procedure, upon entry of this order, the United States Attorney's Office is authorized to conduct any discovery needed toidentify, locate or dispose of forfeitable property, including depositions, interrogatories, requests for production of documents and the issuance of subpoenas, pursuant to Rule 45 of the Federal Rules of Civil Procedure. 4. All payments on the outstanding money judgment shall be made by postal money order, bank or certified check, made payable, in this instance to the United States Marshals Service, and delivered by mail to the United States Attorney's Office, Southern District of New York, Attn: Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007.5. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Rule 32.2(e) of the Federal Rules of Criminal Procedure. 6. The Clerk of the Court shall forward three certified copies of this Consent Order of Forfeiture to Assistant United States Attorney Sharon Cohen Levin, United States Attorney's Office, OneSt. Andrew's Plaza, New York, New York 10007.7. The signature pages of this order may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument.So Ordered. (Signed by Judge Cathy Seibel on 3/13/2014) The Clerks Office Has Mailed Copies. (jty) (Entered: 03/20/2014)
2014-03-24 208 0 JUDGMENT as to Veronica Tobin (3), Count(s) 1, 1s, 3, 3s, 4, 4s, Dismissed; Count(s) 1ss, Defendant is sentenced to a term of imprisonment of six (6) months on Counts One, Two, Three, Four, and Five. Underlying Indictments are dismissed. The Court imposes a two (2) year term of supervised release on Counts One, Two, Three, Four, and Five, concurrent. $600 Special Assessment. Restitution to victims in the amount $2,929,4ll,joint and several with co-defendants. $61,071.00 Restitution; Count(s) 2ss, Defendant is sentenced to a term of imprisonment of six (6) months on Counts One, Two, Three, Four, and Five. Underlying Indictments are dismissed. The Court imposes a two (2) year term of supervised release on Counts One, Two, Three, Four, and Five, concurrent. $600 Special Assessment. Restitution to victims in the amount $2,929,4ll,joint and several with co-defendants. $61,071.00 Restitution; Count(s) 4ss, Defendant is sentenced to a term of imprisonment of six (6) months on Counts One, Two, Three, Four, and Five. Underlying Indictments are dismissed. The Court imposes a two (2) year term of supervised release on Counts One, Two, Three, Four, and Five, concurrent. $600 Special Assessment. Restitution to victims in the amount $2,929,4ll,joint and several with co-defendants. $61,071.00 Restitution; Count(s) 5ss, Defendant is sentenced to a term of imprisonment of six (6) months on Counts One, Two, Three, Four, and Five. Underlying Indictments are dismissed. The Court imposes a two (2) year term of supervised release on Counts One, Two, Three, Four, and Five, concurrent. $600 Special Assessment. Restitution to victims in the amount $2,929,4ll,joint and several with co-defendants. $61,071.00 Restitution; Count(s) 6ss, Defendant is sentenced to a term of imprisonment of six (6) months on Counts One, Two, Three, Four, and Five. Underlying Indictments are dismissed. The Court imposes a two (2) year term of supervised release on Counts One, Two, Three, Four, and Five, concurrent. $600 Special Assessment. Restitution to victims in the amount $2,929,4ll,joint and several with co-defendants. $61,071.00 Restitution. (Signed by Judge Cathy Seibel on 3/24/2014)(jty) (Entered: 03/24/2014)
2014-03-25 209 0 SEALED DOCUMENT placed in vault.12011 (jty) (Entered: 03/25/2014)
2014-03-26 210 0 TRANSCRIPT of Proceedings as to Andrew Bartok re: Oral Argument held on 04/05/2012 before Judge Cathy Seibel. Court Reporter/Transcriber: Angela O*Donnell, (914) 390-4025, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/21/2014. Redacted Transcript Deadline set for 5/1/2014. Release of Transcript Restriction set for 6/27/2014. (O'Donnell, Angela) (Entered: 03/26/2014)
2014-03-26 211 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Andrew Bartok. Notice is hereby given that an official transcript of a Oral Argument proceeding held on 04/05/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (O'Donnell, Angela) (Entered: 03/26/2014)
2014-05-07 212 0 ENDORSED LETTER as to Kathleen Addario addressed to Judge Cathy Seibel from Steven Altman dated 5/6/2014 re: Per your Order, Ms. Addario is scheduled to report to her prison sentence this Thursday, May 8, 2014. By this letter, she is seeking one last two week extension of that reporting date, due to her mother Louise Gough's recent hospitalization. ENDORSEMENT: I sympathize with Mrs. Gough's situation, but whoever will be caring for her while Ms. Addario is away will have to step up at this time. The attached records will be filed under seal. So Ordered. (Signed by Judge Cathy Seibel on 5/7/2014)(jty) (Entered: 05/07/2014)
2014-05-07 213 0 SEALED DOCUMENT placed in vault.12116 (jty) (Entered: 05/09/2014)
2014-05-09 214 0 ENDORSED LETTER as to Kathleen Addario addressed to Judge Cathy Seibel from Steven Altman dated 5/8/2014 re:We are in receipt of your Order denying Ms. Addario's request for a two week extension to report for her sentence, and we respect yow:- decision. ENDORSEMENT: (I believe this letter should be dated May 8, 2014.) I did not see this letter until after 2 pm so the matter is moot presumably, but in any event- while again I sympathize with both Mrs. Gough + Ms. Addario), I don't see why Mr. Atomso cannot be familiarized with the new protocols by medical professionals while Mrs. Gough is still in the hospital. So Ordered. (Signed by Judge Cathy Seibel on 5/8/2014)(jty) (Entered: 05/09/2014)
2014-06-09 215 0 ENDORSED LETTER as to Veronica Tobin addressed to Judge Cathy Seibel from Domenick J. Porco dated 6/2/2014 re: Ms. Tobin is scheduled to surrender on June 16, 2014 to FPC Alderson to commence service of the six-month sentence Your Honor imposed on March 13, 2014. I write to request that Ms. Tobin begiven a 60-day extension of time for her surrender. ENDORSEMENT: Application Granted. Surrender date extended to 8/15/2014. No further extension. So Ordered. (Signed by Judge Cathy Seibel on 6/9/2014)(jty) (Entered: 06/09/2014)