CLOSED

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:00-cr-00598-SAS All Defendants


Case title: USA v. Axelrod, et al

Date Filed: 06/01/2000
Date Terminated: 10/24/2001

Assigned to: Judge Jed S. Rakoff

Defendant (1)
David Axelrod
TERMINATED: 10/24/2001
represented byKenneth N. Laptook
Wolff & Samson, P.C., (NJ)
One Boland Drive
West Orange, NJ 07052
(973)-530-2007
Fax: (973)-530-2207
Email: klaptook@wolffsamson.com
TERMINATED: 10/24/2001
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS
(1)
Imprisonment: Three (3) months on each count to run concurrently. Supervised Release: Three (3) years. The Court imposed One (1) year supevised release and Three (3) years supervised release on count 2 to run concurrently. Fine: $23,000.00.; AME NDED ON 6/6/03: The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total of 3 months incarceration on each count to run concurrently. Upon release from imprisonment, the defendant shall be o n supervised release for a term of 3 years. The defendant shall pay a fine of $23,000.00 and a restitution of $230,000.00.
26:7201.F ATTEMPT TO EVADE OR DEFEAT TAX
(2)
Imprisonment: Three (3) months on each count to run concurrently. Supervised Release: Three (3) years. The Court imposed One (1) year supevised release and Three (3) years supervised release on count 2 to run concurrently. Fine: $23,000.00.; AME NDED ON 6/6/03: The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total of 3 months incarceration on each count to run concurrently. Upon release from imprisonment, the defendant shall be o n supervised release for a term of 3 years. The defendant shall pay a fine of $23,000.00 and a restitution of $230,000.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Shira A. Scheindlin

Defendant (2)
Baiardi Chain Food C
Baiardi Chain Food Corp.
TERMINATED: 10/24/2001
represented byKenneth N. Laptook
(See above for address)
TERMINATED: 10/24/2001
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS
(1)
Probation: Two (2) Year.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA

Date Filed #Docket Text
06/01/2000WAIVER OF INDICTMENT by David Axelrod (1). (bw) (Entered: 06/05/2000)
06/01/2000WAIVER OF INDICTMENT by Baiardi Chain Food Corp. (2) (bw) (Entered: 06/05/2000)
06/01/2000FELONY INFORMATION - Felony as to David Axelrod (1) count(s) 1, 2; Baiardi Chain Food Corp. (2) count(s) 1. (bw) (Entered: 06/05/2000)
06/01/2000  First Appearance as to David Axelrod, Baiardi Chain Food Corp. held. (bw) (Entered: 06/05/2000)
06/01/2000  Arraignment as to David Axelrod, Baiardi Chain Food Corp. held: David Axelrod (1) count(s) 1, 2; Baiardi Chain Food Corp. (2) count(s) 1. ... Filed Waiver of Indictment and Information. Defendant present w/attorney LaMook. AUSA Mittlejohn present. Defendant pleads Not Guilty. Bail set at $100,000 PRB, Surr. PP, Travel restricted to NY, NJ and Conn. Case assigned to Judge Scheindlin for all purposes. ( Held before Magistrate Judge Kevin Nathaniel Fox ) (bw) (Entered: 06/05/2000)
06/01/2000  PLEA entered by David Axelrod, Baiardi Chain Food Corp. Court accepts plea. Not Guilty: David Axelrod (1) count(s) 1, 2; Baiardi Chain Food Corp. (2) count(s) 1. (bw) (Entered: 06/05/2000)
06/01/2000  CASE ASSIGNED to Judge Shira A. Scheindlin. (bw) (Entered: 06/05/2000)
06/01/2000APPEARANCE BOND filed by David Axelrod (1) in Amount $100,000.00; $100,000.00 PRB; Surrender of passport; Travel Limits include NY, NJ & Ct.; Passport to be returned for travel to England from 10-12-00 to 10-23-00; Then the passport is to be resurrendered again. (bw) (Entered: 06/05/2000)
06/01/2000Order of advice of penalties and sanctions as to David Axelrod (1). Defendant Released. (bw) (Entered: 06/05/2000)
06/01/2000NOTICE of Appearance for David Axelrod (1), Baiardi Chain Food Corp. (2) by Attorney Kenneth Laptook. (bw) (Entered: 06/07/2000)
06/09/2000  Status conference as to David Axelrod held. Defendant present with his attorney Kenneth Laptook. AUSA Mary Carnival present. Court reporter present. Curcio hearing held. Plea scheduled for June 21, 2000. Sentencing scheduled for Sept. 21, 2000, marked as control. Time between today and June 21, 2000 is excluded from Speedy Trial Act calculations. (rag) (Entered: 06/14/2000)
06/21/2000  Change of Plea Hearing as to David Axelrod, Baiardi Chain Food C held. Deft. Axelrod and Baiardi Chain Food Corp. present w/atty Kenneth Laptook and AUSA'S Debra Brooks and Mary Carinval present. Deft. Axelrod filed consent to proceed before a U.S. Magistrate Judge on a Felony Plea Allocution referred by Judge Scheindlin and enters guilty plea to count 1 and count 2 as an individual and as a Corporation. The Court recommends that Judge Scheindlin accept he guilty pleadings to count 1 and count 2. PSI ordered. Sentencing-9/21/00-Time has not been determined. Bail cont'd as previously set. (rag) (Entered: 06/27/2000)
06/21/2000  Change of Not Guilty Plea to Guilty Plea by David Axelrod, Baiardi Chain Food C David Axelrod (1) count(s) 1, 2, Baiardi Chain Food C (2) count(s) 1 (rag) (Entered: 06/27/2000)
06/21/2000  PLEA entered by David Axelrod, Baiardi Chain Food C . Court accepts plea. Guilty: David Axelrod (1) count(s) 1, 2, Baiardi Chain Food C (2) count(s) 1 (rag) (Entered: 06/27/2000)
06/21/2000  Court Orders pre-sentence investigation as to David Axelrod, Baiardi Chain Food C (rag) (Entered: 06/27/2000)
06/21/2000  Sentencing set for 9/21/00 for David Axelrod, for Baiardi Chain Food C David Axelrod (1) count(s) 1, 2, Baiardi Chain Food C (2) count(s) 1 (rag) (Entered: 06/27/2000)
06/21/2000CONSENT to Proceed Before a United States Magistrate Judge on A Felony Plea Allocution by David Axelrod. ( Accepted by Magistrate Judge Douglas F. Eaton ) (bw) (Entered: 07/05/2000)
06/28/2000ORDER as to David Axelrod, Baiardi Chain Food C, It is hereby recommended that the guilty plea entered on 6/21/00, by both defendants be accepted by the district court. ( Signed by Judge Shira A. Scheindlin ); Copies mailed. (mr) (Entered: 06/30/2000)
08/03/2000TRANSCRIPT of record of proceedings before Judge Shira A. Scheindlin as to David Axelrod, Baiardi Chain Food Corp. for date of 6/9/00 4:40 p.m. (bw) (Entered: 08/03/2000)
08/04/200010 TRANSCRIPT of record of proceedings as to David Axelrod, Baiardi Chain Food C for dates of 6/21/00 Magistrate Judge Eaton. (mb) (Entered: 08/04/2000)
09/18/200011 Filed Memo-Endorsement on letter dated 9/15/00 to Judge Scheindlin signed by Douglas M. Tween as to David Axelrod, Baiardi Chain Food C, reset Sentencing for 4:30 3/21/00 for David Axelrod, for Baiardi Chain Food C ( Signed by Judge Shira A. Scheindlin ); Copies mailed. (mr) (Entered: 09/18/2000)
09/20/200012 Filed Memo-Endorsement letter on 9/15/00 from Kenneth N. Laptook atty to David Axelrod, Request permission to travel to California from 10/2/00 - 10/9/00. Signed by Judge Shira A. Scheindlin ); Copies mailed. (sl) (Entered: 09/21/2000)
02/28/200113 Filed Memo-Endorsement on letter addressed to Judge Scheindlin from AUSA Elizabeth Prewitt as to David Axelrod, Baiardi Chain Food C, The government's request to adjourn the sentencing date in the above referenced matter currently scheduled for 3/21/01 is hereby granted. The new Sentencing date is for 4:30 9/7/01 for David Axelrod, for Baiardi Chain Food C ( Signed by Judge Shira A. Scheindlin ); Copies mailed. (sl) (Entered: 03/01/2001)
03/16/2001  Defendant David Axelrod reassigned to Judge Jed S. Rakoff (bm) (Entered: 03/16/2001)
10/11/200114 SENTENCING MEMORANDUM by USA as to David Axelrod, Baiardi Chain Food C (ph) (Entered: 10/12/2001)
10/19/2001  Sentencing held Baiardi Chain Food C (2) count(s) 1. (jb) (Entered: 10/26/2001)
10/19/2001  Sentencing held David Axelrod (1) count(s) 1, 2. (jb) (Entered: 10/26/2001)
10/22/2001  Payment of Fine by David Axelrod in the amount of $200.00: Date Received: 10/22/01. (mn) (Entered: 10/22/2001)
10/24/200115 FILED JUDGMENT in a CRIMINAL CASE (For Offenses Committed On or After November 1, 1987). Defendant Baiardi Chain Food C (2) plead GUILTY to count(s) 1. Special Assessment: $400.00, due immediately. Probation: Two (2) Year. The defendant shall not possess a firearm. The company, through its representative, shall report to the nearest probation office within 72 hours of imposition of sentence. The defendant shall make restitution, jointly and severally with co-defendants David Axelrod and Toby Unger, in the amount of $230,000.00 to the New York City Board of Education. The company shall continue with its efforts to formally dissolve. The company shall provide the probation officer with access to any request financial information. Judgment and Commitment issued to U.S. Marshal. (Signed by Judge Jed S. Rakoff). Docketed as a Judgment, #01,1940, on 10/26/01. (jb) Modified on 10/29/2001 (Entered: 10/26/2001)
10/24/200116 FILED JUDGMENT in a CRIMINAL CASE (For Offenses Committed On or After November 1, 1987). Defendant David Axelrod (1) plead GUILTY to count(s) 1,2. Special Assessment: $200.00, due immediately. Imprisonment: Three (3) months on each count to run concurrently. Supervised Release: Three (3) years. The Court imposed One (1) year supevised release and Three (3) years supervised release on count 2 to run concurrently. Fine: $23,000.00. The Court recommends that the defendant be incarcerated at a facility in the New York City area. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2:00 p.m. on December 3, 2001. The defendant shall not possess a firearm. The defendant is to report to the nearest probation office within 72 hours of his release from custody. The defendant is to make restitution, jointly and severally with co-defendants Baiardi Chain Food Corp and Toby Unger, in the amount of $230,000.00 to the New York City Board of Education. Restitution is to be paid at a rate of 10% of the defendant's gross monthly income beginning 30 days after his release from custody. The defendant is to pay a fine of $23,000.00. The defendant shall provide the probation officer with access to any requested financial information. The defendant shall not incur new credit charges or open additional lines of credi without the approval of the probation officer unless the defendant is in compliance with the installment payment schedule. The defendant is to be supervised in the district of his residency. Judgment and Commitment issued to U.S. Marshal. (Signed Judge Jed S. Rakoff). Docketed as a Judgment, #01,1939, on 10/26/01. (jb) Modified on 06/18/2003 (Entered: 10/26/2001)
11/27/2001  Telephone Conference as to David Axelrod held (ac) (Entered: 11/29/2001)
12/03/200117 TRANSCRIPT of record of proceedings as to David Axelrod, Baiardi Chain Food C for dates of 10/19/01, before Judge Jed S. Rakoff . (moc) (Entered: 12/03/2001)
11/20/2002  Payment of Fine by David Axelrod in the amount of $50.00rest: Date Received: 11/19/02. (gm) (Entered: 11/20/2002)
12/20/2002  Payment of Fine by David Axelrod in the amount of $3200.00rest: Date Received: 12/19/02. (gm) (Entered: 12/20/2002)
01/15/2003  Payment of Fine by David Axelrod in the amount of $700.00 restitution: Date Received: 1/14/03. (mn) (Entered: 01/15/2003)
02/24/2003  Payment of Fine by David Axelrod in the amount of $700.00 restitution: Date Received: 2/24/03. (mn) (Entered: 02/24/2003)
03/25/2003  Payment of Fine by David Axelrod in the amount of $900.00 restitution: Date Received: 3/25/03. (mn) (Entered: 03/25/2003)
04/02/200318 TRANSCRIPT of record of proceedings as to David Axelrod for dates of February 24, 2003, before Judge Jed S. Rakoff . (dt) (Entered: 04/02/2003)
04/30/2003  Payment of Fine by David Axelrod in the amount of $2,592.00 restitution: Date Received: 4/29/03. (mn) (Entered: 04/30/2003)
06/06/200319 AMENDED JUDGMENT in a Criminal Case. Date of Imposition of Judgment: 5-29-2003. Date of Original Judgment: 10-19-2001. Reason for Amendment: Modification of Supervision Conditions. Defendant's Attorney: Kenneth Laptook. Defendant David Axelrod (1) pleaded guilty to count(s) 1 and 2. The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid.; The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total of 3 months incarceration on each count to run concurrently. The court makes the following recommendations to the Bureua of Prisons: The Court recommends that the defendant be incarcerated at a facility in the New York City area.; The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on December 3, 2001.; Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 years. The Court imposed 1 year supervised release and 3 years supervised release on count 2 to run concurrently. The defendant shall not possess a firearm as defined in 18 U.S.C. Section 921. Special Conditions of Supervision: 1. The defendant is to report to the nearest probation office within 72 hours of his release from custody. *2. The defendant is to make restitution, jointly and severally with co-defendants Baiardi Chain Food Corp and Toby Unger, in the amount of $230,000.00 to the New York City Board of Education. Restitution is to be paid at a rate of 15% of the defendant's gross monthly income beginning June 1, 2003. 3. The defendant is to pay a fine of $23,000.00. 4. The defendant shall provide the probation officer with access to any requested financial information. 5. The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer unless the defendant is in compliance with the installment payment schedule. 6. The defendant is to be supervised in the district of his residency.; The defendant shall pay an assessment of $200.00 and a fine of $23,000.00. The defendant shall make restitution in the amount of $230,000.00 to The New York City Board of Education. Special instructions regarding the payment of criminal monetary penalties: Special assessment is to be paid immediately. Fine and restitution is to be paid in accordance with schedule set forth on page four of this judgment.; Additional Defendants Held Joint And Several (p.7 of judgment). ( Signed by Judge Jed S. Rakoff ). [ microfilm 6/13/03 12pm ] Docketed as a judgment #01, 1939 on 6/16/03. (bw) Modified on 06/18/2003 (Entered: 06/16/2003)
07/03/200320 TRANSCRIPT of record of proceedings as to David Axelrod for dates of May 29, 2003, before Judge Jed S. Rakoff . (dt) (Entered: 07/14/2003)
07/03/200321 TRANSCRIPT of record of proceedings as to David Axelrod for dates of May 29, 2003, before Judge Jed S. Rakoff . (dt) (Entered: 07/14/2003)
07/15/2003  Payment of Fine by David Axelrod in the amount of $1,988.00 restitution: Date Received: 7/15/03. (mn) (Entered: 07/15/2003)
09/02/2003  Payment of Fine by David Axelrod in the amount of $1,575.00 restitution: Date Received: 9/2/03. (mn) (Entered: 09/02/2003)
10/21/2003  Payment of Fine by David Axelrod in the amount of $2,535.00 restitution: Date Received: 10/21/03. (mn) (Entered: 10/21/2003)
12/19/2003  Payment of restitution from David Axelrod in the amount of $2,535.00. Date Received: 12/2/03. (mn, ) (Entered: 12/19/2003)
01/13/2004  Payment of RESTITUTION from David Axelrod in the amount of $3,570.00. Date Received: 1/13/04. (mn, ) (Entered: 01/13/2004)
01/30/2004  Payment of restitution from David Axelrod in the amount of $2,688.00. Date Received: 1/30/04. (mn, ) (Entered: 01/30/2004)
04/01/2004  Payment of restitution from David Axelrod in the amount of $2,560.00. Date Received: 4/1/04. (mn, ) (Entered: 04/01/2004)
04/14/2004  Payment of restitution from David Axelrod in the amount of $2,900.00. Date Received: 4/14/04. (mn, ) (Entered: 04/14/2004)
06/08/2004  Payment of RESTITUTION from David Axelrod in the amount of $4,050.00. Date Received: 6/8/04. (mn, ) (Entered: 06/08/2004)
07/13/2004  Payment of RESTITUTION from David Axelrod in the amount of $2,500.00. Date Received: 7/13/04. (mn, ) (Entered: 07/13/2004)
08/11/2004  Payment of RESTITUTION from David Axelrod in the amount of $4,000.00. Date Received: 8/11/04. (mn, ) (Entered: 08/11/2004)
09/15/2004  Payment of RESTITUTION from David Axelrod in the amount of $6,000.00. Date Received: 9/15/04. (mn, ) (Entered: 09/15/2004)
10/26/2004  Payment of restitution from David Axelrod in the amount of $5,400.00. Date Received: 10/26/04. (mn, ) (Entered: 10/26/2004)
01/10/2005  Payment of RESTITUTION from David Axelrod in the amount of $5,400.00. Date Received: 1/10/05. (mn, ) (Entered: 01/10/2005)
02/23/2005  Payment of RESTITUTION from David Axelrod in the amount of $3,700.00. Date Received: 2/23/05. (mn, ) (Entered: 02/23/2005)
03/22/2006  Payment of Fine from David Axelrod in the amount of $31,257.40. Date Received: 3/22/06. (mn, ) (Entered: 03/22/2006)
03/31/200622 SATISFACTION OF JUDGMENT as to David Axelrod re 16 Judgment in the amount of $253,200.00. Judgment satisfied on 3/31/06. (ja, ) (Entered: 04/04/2006)
09/09/200823 SATISFACTION OF JUDGMENT as to Baiardi Chain Food C re 15 Judgment, in the amount of $230,400.00. Judgment satisfied on 9/9/08. (ja) (Entered: 09/18/2008)