Case details

Court: nysd
Docket #: 1:11-cr-00893
Case Name: USA v. Smirnov et al
PACER case #: 386350
Date filed: 2011-10-19
Date terminated: 2013-09-13
Assigned to: Judge Paul A. Crotty

Parties

Represented Party Attorney & Contact Info
Danette Stefanelli
Defendant (4)
TERMINATED: 09/13/2013 also known asSealed Defendant 4 TERMINATED: 09/13/2013
James DiPietro
James J. Dipietro, Esq 186 Joralemon Street Brooklyn, NY 11201 718-875-4207 Fax: (718) 875 1717 Email: jjd25esq@aol.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Mark Lawrence Furman
Hoffman Polland & Furman 220 East 42d St New York, NY 10017 (212)-338-0700 Fax: (212)-338-0093 Email: mfurman@hpf-law.com

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-10-19 1 0 SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, Sealed Defendant 2 (2) count(s) 1, Sealed Defendant 3 (3) count(s) 1, Sealed Defendant 4 (4) count(s) 1, Sealed Defendant 5 (5) count(s) 1, Sealed Defendant 6 (6) count(s) 1, Sealed Defendant 7 (7) count(s) 1, Sealed Defendant 8 (8) count(s) 1, Sealed Defendant 9 (9) count(s) 1, Sealed Defendant 10 (10) count(s) 1, Sealed Defendant 11 (11) count(s) 1, Sealed Defendant 12 (12) count(s) 1. (jbo) (Entered: 10/20/2011)
2011-10-20 2 0 Order to Unseal Indictment as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4, Sealed Defendant 5, Sealed Defendant 6, Sealed Defendant 7, Sealed Defendant 8, Sealed Defendant 9, Sealed Defendant 10, Sealed Defendant 11, Sealed Defendant 12. (Signed by Magistrate Judge Henry B. Pitman on 10/20/11)(jbo) (Entered: 10/20/2011)
2011-10-20 22 0 ADVICE OF PENALTIES AND SANCTIONS as to (11-Cr-893-04) Danette Stefanelli. Defendant Released. (bw) (Entered: 10/25/2011)
2011-10-20 35 0 NOTICE OF ATTORNEY APPEARANCE: Mark Lawrence Furman appearing for Danette Stefanelli. (for bail purposes only) (ja) (Entered: 10/26/2011)
2011-11-01 59 0 NOTICE OF ATTORNEY APPEARANCE: James DiPietro appearing for Danette Stefanelli. (DiPietro, James) (Entered: 11/01/2011)
2011-10-20 60 0 AGREEMENT TO FORFEIT PROPERTY (OTHER THAN REAL PROPERTY) TO OBTAIN A DEFENDANT'S RELEASE by Danette Stefanelli. Bond Information: Recognizance Bond in the amount of $300,000, to be cosigned by 2 FRPs; secured by property: parent's home located at 155 Beach St., Rockaway, NJ; travel limited to SDNY/EDNY/DNJ; surrender travel documents (& no new applications); regular pretrial supervision; defendant to surrender firearms and provide proof to PSA and surrender firearms purchaser authorization to PSA. (ja) (Entered: 11/01/2011)
2011-11-08 64 0 NOTICE OF ATTORNEY APPEARANCE Rosemary Nidiry appearing for USA. (Nidiry, Rosemary) (Entered: 11/08/2011)
2011-11-15 70 0 ENDORSED LETTER as to Danette Stefanelli, addressed to Judge Paul A. Crotty, from James J. DiPietro, atty for dft, dated 11/14/2011, re: request permission to attend nephew Jeremy's birthday party on November 26, 2011 - he will return back home the same day. Also, Ms. Stefanelli requests permission to go to Florida to visit her brother from November 27, 2011 through December 1, 2011. -- Judge endorsed: SO ORDERED. (Signed by Judge Paul A. Crotty on 11/15/2011)(ja) (Entered: 11/16/2011)
2011-12-20 73 0 ORDER as to Alla Smirnov, Marina Bluvstein, David Lee Hsu, Danette Stefanelli, Seritta Klass, Steven Parchment, Rodney Terry, Rusty Moore, Patricia Murray, Karen Murray, Paula Phillip, Irene Todd. IT IS HEREBY ORDERED: 1. Discovery materials, including, but not limited to, patient files, billing records, indices, spreadsheets, and summaries thereof, reflecting individual identity information (including, but not limited to, names, addresses, telephone numbers, social security numbers, patient information numbers, contents of individual patient files and other medical treatment information, credit card numbers, insurance information, and bank account numbers) produced by the Government in this action pursuant to Fed. R. Crim. P. 16 are deemed "Confidential Information." 2. Confidential Information disclosed to the defendants or to their counsel during the course of proceedings in this action: (a) Shall be used by the defendants or their counsel only for purposes of this action; {b) Shall be kept in the sole possession of the defendants and their attorneys, and shall not be disclosed in any form by the defendants or their counsel except as set forth in paragraph 2(c) below. (Signed by Judge Paul A. Crotty on 12/19/11)(jw) (Entered: 12/20/2011)
2012-01-09 76 0 SEALED DOCUMENT placed in vault. (nm) (Entered: 01/09/2012)
2012-02-08 83 0 ENDORSED LETTER as to (11-Cr-893-04) Danette Stefanelli addressed to Judge Paul A. Crotty from Attorney James J. DiPietro dated February 7, 2012 re: Ms. Danette Stefanelli is requesting permission to go on vacation with her family to Hollywood, California from February 20, 2012 through February 24, 2012. ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty on 2/8/2012)(bw) (Entered: 02/08/2012)
2012-03-23 90 0 ENDORSED LETTER as to Danette Stefanelli addressed to Judge Paul A. Crotty from James J. DiPietro dated 3/21/2012 re: Counsel writes to request permission for the defendant to go on vacation to St. Thomas from 4/5 to 4/10. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 3/23/2012) (ab) (Entered: 03/23/2012)
2012-04-01 93 0 NOTICE OF ATTORNEY APPEARANCE Martin Bell appearing for USA. (Bell, Martin) (Entered: 04/01/2012)
2012-05-08 98 0 ENDORSED LETTER as to Alla Smirnov, Marina Bluvstein, David Lee Hsu, Danette Stefanelli, Seritta Klass, Steven Parchment, Rodney Terry, Rusty Moore, Patricia Murray, Karen Murray, Paula Phillip, Irene Todd addressed to Judge Paul A. Crotty from Attorney Scott B. Tulman, Counsel for defendant Marina Bluvstein, dated May 7, 2012 re: submitted to request a 30 day adjournment of the May 23, 2012 4:30 p.m. status conference to June 20, 2012 at 4:30 p.m., or such other date in late June. ENDORSEMENT: Application GRANTED. The conference is adjourned to 06/20/12 at 5:00 p.m. in Courtroom 20C. It is further that pursuant to 18 U.S.C. 3161(h)(7)(A), the time from 05/23/12 until 06/20/12 is excluded in the interests of justice. I find that this exclusion outweigh the best interest of the defendant and the public is a speedy trial. So Ordered. (Signed by Judge Paul A. Crotty on 5/8/2012)(bw) (Entered: 05/09/2012)
2012-05-14 99 0 TRANSCRIPT of Proceedings (Conference) as to Alla Smirnov, Marina Bluvstein, David Lee Hsu, Danette Stefanelli, Seritta Klass, Steven Parchment, Rodney Terry, Rusty Moore, Patricia Murray, Karen Murray, Paula Phillip, Irene Todd held on 4/4/2012 before Judge Paul A. Crotty. (ja) (Entered: 05/14/2012)
2012-05-15 100 0 ENDORSED LETTER as to Danette Stefanelli addressed to Judge Paul A. Crotty from James J. DiPietro dated 5/14/12 re: Requesting permission to go to the State of Ohio for vacation with her family from May 18, 2012 through May 21, 2012. Ms. Stefanelli will be staying at Crowne Plaza Hotel located at 33 East Nationwide Blvd, Columbus, Ohio. The phone number to the hotel is (888) 444-0401...ENDORSEMENT...SO ORDERED. (Signed by Judge Paul A. Crotty on 5/15/12)(jw) (Entered: 05/15/2012)
2012-06-20 106 0 ENDORSED LETTER: as to Alla Smirnov, Marina Bluvstein, David Lee Hsu, Danette Stefanelli, Seritta Klass, Steven Parchment, Rodney Terry, Rusty Moore Patricia Murray, Karen Murray, Paula Phillip, Irene Todd addressed to Judge Paul A. Crotty from E. Danya Perry Rosemary Nidiry and Martin Bell dated 6/19/2012 re: regarding scheduling conference. ( Pretrial Conference set for 7/31/2012 at 04:45 PM before Judge Paul A. Crotty.)....ENDORSEMENT: So Ordered. (Signed by Judge Paul A. Crotty on 6/20/2012)(js) (Entered: 06/20/2012)
2012-06-27 111 0 ORDER as to Alla Smirnov, Marina Bluvstein, David Lee Hsu, Danette Stefanelli, Seritta Klass, Steven Parchment, Rodney Terry, Rusty Moore, Patricia Murray, Karen Murray, Paula Phillip, Irene Todd. It is hereby ORDERED that because of the anticipated length of the representation in this case, CJA Attorney(s) may submit interim vouchers for representation of his/their client. Each voucher is to cover a minimum of a two week period with the first voucher to include the period from the date of appointment. (Signed by Judge Paul A. Crotty on 6/15/2012)(jw) (Entered: 07/13/2012)
2012-07-24 113 0 SEALED DOCUMENT placed in vault. (nm) (Entered: 07/24/2012)
2012-07-30 115 0 ENDORSED LETTER as to Alla Smirnov, Marina Bluvstein, David Lee Hsu, Danette Stefanelli, Seritta Klass, Steven Parchment, Rodney Terry, Rusty Moore, Patricia Murray, Karen Murray, Paula Phillip, Irene Todd addressed to Judge Paul A. Crotty from AUSAs E. Danya Perry/ Rosemary Nidiry/ Martin Bell, dated July 30, 2012 re: submitted to request an adjournment of the conference in this case, which is currently scheduled for July 31st. ENDORSEMENT: Application GRANTED. The conference is adjourned to 09/11/12 at 4:15 p.m. in Courtroom 20-C. Time excluded from 7-31-12 through 9-11-12. SO ORDERED. (Signed by Judge Paul A. Crotty on 7/30/2012)(bw) (Entered: 07/30/2012)
2012-09-10 122 0 ENDORSED LETTER as to Alla Smirnov, Marina Bluvstein, David Lee Hsu, Danette Stefanelli, Seritta Klass, Steven Parchment, Rodney Terry, Rusty Moore, Patricia Murray, Karen Murray, Paula Phillip, Irene Todd addressed to Judge Paul A. Crotty from AUSAs E. Danya Perry/ Rosemary Indiry/ Martin Bell dated September 10, 2012 re: The Government requests that the Court adjourn the September 11, 2012 conference to a date convenient to the Court at the end of October, and to exclude time until that date, in the interests of justice. ENDORSEMENT: Application GRANTED. The conference is adjourned to 10/30/12 at 4:15 P.M. in Courtroom 20-C. Time excluded through 10-30-12. So Ordered: (Signed by Judge Paul A. Crotty on 9/10/2012)(bw) (Entered: 09/11/2012)
2012-11-13 129 0 ENDORSED LETTER as to (11-Cr-893-) Alla Smirnov, Marina Bluvstein, David Lee Hsu, Danette Stefanelli, Seritta Klass, Steven Parchment, Rodney Terry, Rusty Moore, Patricia Murray, Karen Murray, Paula Phillip, Irene Todd addressed to Judge Paul A. Crotty from Attorney Scott B. Tulman, Counsel for Defendant Marina Bluvstein, dated November 9, 2012 re: submitted with the consent of the Governmetn and co-counsel to request that the status conference presently scheduled for November 14, 2012, be adjourned approximately thirty days to a date in December, 2012, such as December 13, 18 or 19. ENDORSEMENT: Application GRANTED. The conference is adjourned to 12/13/12 at 3:30 p.m. in Courtroom 20-C. Time excluded through 12-13-12. SO ORDERED: (Signed by Judge Paul A. Crotty on 11/13/2012)(bw) (Entered: 11/13/2012)
2012-12-03 134 0 ENDORSED LETTER as to Danette Stefanelli addressed to Judge Paul A. Crotty from James J. DiPietro dated 11/30/2012 re: To request permission to go to the Mt Airy Resort for vacation with her family from December 8, 2012 through December 9, 2012...ENDORSEMENT..SO ORDERED. (Signed by Judge Paul A. Crotty on 12/3/2012)(jw) (Entered: 12/03/2012)
2013-01-08 141 0 ENDORSED LETTER as to Alla Smirnov, Marina Bluvstein, David Lee Hsu, Danette Stefanelli, Seritta Klass, Steven Parchment, Rodney Terry, Rusty Moore, Patricia Murray, Karen Murray, Paula Phillip, Irene Todd addressed to Judge Paul A. Crotty from E. Danya Perry and Rosemary Nidiry and Martin Bell dated 1/8/2013 re: Reschedule Conference ( Pretrial Conference set for 2/13/2013 at 04:45 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.)...ENDORSEMENT...Application granted. The conference is adjourned to 2/13/13 at 4:45pm in Courtroom 11-D. Time excluded through 2/13/13. (Signed by Judge Paul A. Crotty on 1/8/2013)(jw) (Entered: 01/09/2013)
2013-04-08 157 0 ENDORSED LETTER as to (11-Cr-893-04) Danette Stefanelli addressed to Judge Paul A. Crotty from Attorney James J. DiPietro dated April 8, 2013 re: submitted to request permission for defendant Stefanelli to go to Atlanta, Georgia for vacation to visit her friend Dr. Karen Joanson from April 25 through April 29, 2013. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 4/8/2013)(bw) (Entered: 04/09/2013)
2013-05-15 169 0 ENDORSED LETTER as to Danette Stefanelli addressed to Judge Crotty from James J. DiPietro dated 05/13/13 re: Request to adjourn the sentencing date of June 19 to August 15, or a date thereafter. ENDORSEMENT: August 15 @ 2:30 PM in 11-D. There will be no further adjournments! SO ORDERED. (Signed by Judge Paul A. Crotty on 05/15/13)(mov) Modified on 5/16/2013 (mov). (Entered: 05/16/2013)
2013-07-08 191 0 ENDORSED LETTER as to (11-Cr-893-04) Danette Stefanelli addressed to Judge Paul A. Crotty from Attorney James J. DiPietro dated July 3, 2013 re: Ms. Stefanelli is permitted to travel in the Southern and Eastern Districts of New York and the District of New Jersey. Danette Stefanelli is requesting permission to go to Kissimmee, Florida for a vacation with her family from July 29 through August 4, 2013. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 7/8/2013)(bw) (Entered: 07/08/2013)
2013-08-29 216 0 SENTENCING MEMORANDUM by Danette Stefanelli. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(DiPietro, James) (Entered: 08/29/2013) 2013-11-01 12:11:10 500843a8a5d7a3677c4e6799c20095a32cb87ddb
216 1 Exhibit 1
216 2 Exhibit 2
216 3 Exhibit 3
216 4 Exhibit 4
216 5 Exhibit 5
216 6 Exhibit 6
216 7 Exhibit 7
216 8 Exhibit 8
216 9 Exhibit 9
216 10 Exhibit 10
216 11 Exhibit 11
216 12 Exhibit 12
2013-09-03 218 0 ENDORSED LETTER as to Alla Smirnov, Marina Bluvstein, David Lee Hsu, Danette Stefanelli, Seritta Klass, Steven Parchment addressed to Judge Paul A. Crotty from Martin S. Bell dated 8/22/2013 re: The Government submits the attached proposed restitution order (the "Order") with an attachment containing a schedule of victims and payments ("Restitution Schedule"), relevant to the sentencing of defendants Alla Smimov, Marina Bluvstein, David Lee Hsu, Danette Stefanelli, Steven Parchment, and Seritta Klass, as listed therein. The Government respectfully requests that the Order be filed publicly and the Restitution Schedule be filed under seal. ENDORSEMENT: The order presented by the government is approved. The Order is to be filed publicly, but the Restitution Schedule is to be filed under seal. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/3/2013)(dnd) (Entered: 09/03/2013)
2013-09-03 220 0 ORDER OF RESTITUTION: As to Alla Smirnov, Marina Bluvstein, David Lee Hsu, Danette Stefanelli, Seritta Klass, Steven Parchment. Upon the application of the United States of America, by its attorney, Preet Bharara, United States Attorney for the Southern District of New York, Martin S. Bell and Rosemary Nidiry, Assistant United States Attorneys, of counsel; the guilty pleas and convictions of defendants ALLA SMIRNOV, MARINA BLUVSTEIN, DAVID LEE HSU, DANETTE STEFANELLI, STEVEN PARCHMENT, and SERITTA KLASS (the "Defendants") as to Count One of the above-referenced Indictment; the presentence reports prepared in this case for each of the Defendants; and all other proceedings in this case, it is hereby ORDERED that: 1. Amount of Restitution. The Defendants shall pay restitution in the amounts and to the victims of the offenses charged in Count One pursuant to the Schedule of Victims and Restitution set forth in Attachment A to this Order... 2. Joint and Several Liability. Each Defendant's liability for restitution shall be joint and several with that of all of the other Defendants listed in the Restitution Schedule. Each Defendant's liability for restitution shall continue unabated until either the respective Defendant has paid the full amount of restitution ordered herein, or every victim has been paid the total amount of its loss set forth in the Restitution Schedule from all the restitution paid by the Defendants in this matter. 3. Sealing. Consistent with 18 U.S.C. ยงยง 3771(a)(8) & 3664(d)(4) and Federal Rule of Criminal Procedure 49.1, to protect the privacy interests of victims, the Restitution Schedule attached hereto shall be filed under seal, except that copies may be retained and used or disclosed by the Government, the Clerk's Office, and the Probation Department, as need be to effect and enforce this Order, without further order of this Court. (Signed by Judge Paul A. Crotty on 9/3/2013)(dnd) (Entered: 09/03/2013)
2013-09-13 227 0 CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Danette Stefanelli. 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 Attorneys Rosemary Nidiry and Martin S. Bell, counsel, and the defendant and her counsel, James J. DiPietro, Esq. that As a result of the offense charged in Count One of the Indictment, to which the defendant pled guilty, a money judgment in the amount of $450,000 in United States currency (the "Money Judgment"), shall be entered against the defendant. Pursuant to Rule 32.2(b) (4) of the Federal Rules of Criminal Procedure, upon entry of this Consent Preliminary Order of Forfeiture/Money Judgment, this Order is final as to the defendant, DANETTE STEFANELLI, and shall be deemed part of the sentence of the defendant, and shall be included in the judgment of conviction therewith. 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 and shall indicate the defendant's name and case number. The Clerk of the Court shall forward three certified copies of this Order to Assistant United States Attorney Sharon Cohen Levin, Chief of the Asset Forfeiture Unit, United States Attorney's Office. One St. Andrew's Plaza, New York, New York 10007. (Signed by Judge Paul A. Crotty on 9/12/2013)(jw) (Entered: 09/13/2013)
2013-09-13 228 0 FILED JUDGMENT IN A CRIMINAL CASE as to Danette Stefanelli (4), Pleaded guilty to Count(s) 1, Imprisonment for a total term of Six Months (6). Supervised release for a term of 2 years. The court makes the following recommendations to the Bureau of Prisons: That the defendant be designated to FCI Danburry. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2 pm on November 12, 2013. Special Assessment of $100 which is due immediately. Restitution of $427,834 (See Restitution Order) (Signed by Judge Paul A. Crotty on 9/13/2013)(jw) (Entered: 09/13/2013)
2013-10-10 251 0 TRANSCRIPT of Proceedings as to Danette Stefanelli re: Sentence held on 9/12/13 before Judge Paul A. Crotty. Court Reporter/Transcriber: William Richards, (212) 805-0300, 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 11/4/2013. Redacted Transcript Deadline set for 11/15/2013. Release of Transcript Restriction set for 1/11/2014. (Rodriguez, Somari) (Entered: 10/10/2013)
2013-10-10 252 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Danette Stefanelli. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/12/13 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: 10/10/2013)