BROWN, TERMED

United States District Court
Northern District of Illinois - CM/ECF LIVE, Ver 4.2 (Chicago)
CRIMINAL DOCKET FOR CASE #: 1:01-cr-00469-1


Case title: USA v. Bainbridge Mgt, et al

Date Filed: 05/17/2001
Date Terminated: 01/15/2003

Assigned to: Honorable Suzanne B. Conlon

Defendant (1)
Bainbridge Management
TERMINATED: 01/15/2003
formerly known as
Braddock Management L.P.
represented byVincent J. Connelly
Mayer Brown LLP
71 South Wacker Drive
Chicago, IL 60606
(312) 782-0600
Email: courtnotification@mayerbrown.com
TERMINATED: 01/15/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

James R. Streicker
Cotsirilos, Tighe & Streicker
33 North Dearborn Street
Suite 600
Chicago, IL 60602
(312) 263-0345
Email: jstreicker312@aol.com
TERMINATED: 01/15/2003
ATTORNEY TO BE NOTICED
Designation: Retained

Michael K. Forde
Mayer Brown LLP
71 South Wacker Drive
Chicago, IL 60606
(312) 782-0600
Email: courtnotification@mayerbrown.com
TERMINATED: 01/15/2003
Designation: Retained

Susan N Ellis
Office of Illinois Attorney General
500 S. Second Street
Springfield, IL 62706
(217)782-4436
Email: sellis@atg.state.il.us
TERMINATED: 01/15/2003
Designation: Retained

Terence H. Campbell
Cotsirilos, Tighe & Streicker
33 North Dearborn Street
Suite 600
Chicago, IL 60602
(312) 263-0345
Email: tcwolfram@aol.com
TERMINATED: 12/13/2001

Pending Counts

Disposition
18:1347.F HEALTH CARE FRAUD
(2ss)
The defendant is hereby sentenced to probation for a term of one (1) year. The defendant shall make restitution in the total amount of $13,644,598.00. Schedule of payments.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1341.F FRAUDS AND SWINDLES and 18:2 AID AND ABET
(1)
Dismissing
18:1341.F FRAUDS AND SWINDLES and 18:2 AID AND ABET
(1s)
Dismisisng
18:1341.F FRAUDS AND SWINDLES and 18:2 AID AND ABEET
(2-6)
Dismissing
18:1341.F FRAUDS AND SWINDLES and 18:2 AID AND ABET
(2s-6s)
Dismisisng
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION and 18:2 AID AND ABET
(7-8)
Dismissing
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION and 18:2 AID AND ABET
(7s-8s)
Dismisisng
18:1347.F HEALTH CARE FRAUD and 18:2 AID AND ABET
(9)
Dismissing
18:1347.F HEALTH CARE FRAUD and 18:2 AID AND ABET
(9s)
Dismisisng
18:1347.F HEALTH CARE FRAUD and 18:2 AID AND ABET
(10-14)
Dismissing
18:1347.F HEALTH CARE FRAUD and 18:2 AID AND ABET
(10s-14s)
Dismisisng
18:1347.F HEALTH CARE FRAUD and 18:2 AID AND ABET
(15-19)
Dismissing
18:1347.F HEALTH CARE FRAUD and 18:2 AID AND ABET
(15s-19s)
Dismisisng
18:1347.F HEALTH CARE FRAUD and 18:2 AID AND ABET
(20-34)
Dismissing
18:1347.F HEALTH CARE FRAUD and 18:2 AID AND ABET
(20s-34s)
Dismisisng
18:1347.F HEALTH CARE FRAUD 18:2 AID AND ABET
(35)
Dismissing
18:1347.F HEALTH CARE FRAUD and 18:2 AID AND ABET
(35s)
Dismisisng
18:1347.F HEALTH CARE FRAUD and 18:2 AID AND ABET
(36)
Dismising
18:1347.F HEALTH CARE FRAUD and 18:2 AID AND ABET
(36s)
Dismisngs
42:1320A.F PAYMENT TO NON-LICENSED PHYSICIAN and 18:2 AID AND ABET
(37-51)
Dismising
42:1320A.F PAYMENT TO NON-LICENSED PHYSICIAN and 18:2 AID AND ABET
(37s-51s)
Dismisngs
42:1320A.F PAYMENT TO NON-LICENSED PHYSICIAN and 18:2 AID AND ABET
(52-56)
Dismising
42:1320A.F PAYMENT TO NON-LICENSED PHYSICIAN and 18:2 AID AND ABET
(52s-56s)
Dismisngs
18:1962-7480.F RACKETEERING
(57)
Dismising
18:1962-7480.F RACKETEERING
(57s)
Dismisngs

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
United States of America represented byJacqueline O. Stern
United States Attorney's Office (NDIL)
219 South Dearborn Street
Suite 500
Chicago, IL 60604
(312) 353-5300
Email: jacqueline.stern@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Pretrial Services
.
435-5545
Email: ilnptdb_Court_Action_Notice@ilnpt.uscourts.gov
ATTORNEY TO BE NOTICED

Probation Department
.
408-5197
Email: Intake_Docket_ILNP@ilnp.uscourts.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/14/200114MINUTE ORDER of 5/14/01 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, Roger Ehmen and Ravi Barnabas Dr.: Arraignment held. Defendants pled not guilty. Defendants waived formal reading of indictment. Compliance with Rule 16.1(a) by 06/01/2001. Pretrial motions due 07/09/2001. Government's response due 07/23/2001. Motions in limine to be filed by 08/01/2001. Final pretrial conference set on 08/01/2001 at 4:00 p.m. Guilty pleas if any requested by 07/09/2001. Trial set on 08/27/2001 at 9:00 a.m. (Enter protective order) No notice (pmp) (Entered: 05/30/2001)
05/17/20011INDICTMENT Counts filed against Bainbridge Mgt (1) count(s) 1, 2-6, 7-8, 9, 10-14, 15-19, 20-34, 35, 36, 37-51, 52-56, 57, Roger Ehmen (2) count(s) 1, 2-6, 7-8, 9, 10-14, 15-19, 20-34, 35, 36, 37-51, 52-56, 57, 58, Ravi Barnabas (3) count(s) 1, 2-6, 7-8, 9, 10-14, 15-19, 20-34, 35, 36, 37-51, 52-56, 57, 58, Sheshiqiri Rao Vavilikolanu (4) count(s) 1, 57 and Kumar M Kaliana (5) count(s) 1, 9 (pmp) (Entered: 05/18/2001)
05/17/2001DESIGNATION SHEET Felony Category II (pmp) (Entered: 05/18/2001)
05/17/20013MINUTE ORDER of 5/17/01 by Hon. Marvin E. Aspen as to defendants: No bond set; defendant is a business as to Bainbridge Management. To set preliminary bail at $4,500.00 and that defendant's be allowed to sign own recognizance set for Roger Ehmen, Ravi Barnabas Dr., Sheshiqiri Rao Vavilikolanu Dr., and Kumar M Kaliana Dr. is granted. No notice (pmp) (Entered: 05/18/2001)
05/17/2001ARRAIGNMENT NOTICE: Before Hon. Suzanne B. Conlon as to Bainbridge Mgt, Roger Ehmen, Ravi Barnabas Dr., Sheshiqiri Rao Vavilikolanu Dr., Kumar M Kaliana Dr.: Arraignment and plea set for Thursday on 05/24/01 at 9:00 a.m. Mailed notice (pmp) (Entered: 05/18/2001)
05/23/2001APPEARANCE of Attorney for Bainbridge Mgt by Vincent J. Connelly and Susan Beth Nystrom (pmp) (Entered: 05/24/2001)
05/24/2001  ORAL motion by defendant for early return of trial subpoenas pursuant to Fed.R.Crim.P. 17(c) (pmp) (Entered: 05/29/2001)
05/24/200113MINUTE ORDER of 5/24/01 by Hon. Suzanne B. Conlon as to defendants: The government's oral motion for early return of trial subpoenas pursuant to Fed.R.Crim.P. 17(c) is granted [0-1] Enter order for exclusion of time pursuant to 18 U.S.C. 3161 (h)(8)(A) (Enter order) Mailed notice (pmp) (Entered: 05/29/2001)
06/28/200122MINUTE ORDER of 6/28/01 by Hon. Suzanne B. Conlon as to defendant: Defendant's joint oral motion to re-set trial date is granted [21-1] in part. Jury trial is reset from 8/27/01 to 11/2/01 at 9:00 a.m. The government shall provide defendants with summry charts and a provisional exhibit list by 8/27/01. Pretrial motions are extended to 8/15/01. Responses due by 9/7/01. Motions in limine extended to 10/1/01. Pretrial conference is reset to on 10/11/01 at 4:00 p.m. Guilty please are requested before 10/1/01. Enter Order eexcluding time. (Entered Order.) Mailed notice (kmt) (Entered: 06/29/2001)
08/10/200124 APPEARANCE of Attorneys for Bainbridge Mgt by Vincent J Connelly, Susan Mystrom and Michael K. Forde (pmp) (Entered: 08/13/2001)
08/13/200128 MOTION by Bainbridge Mgt for discovery required under Federal Rule to Criminal Procedure 16(a)(1)(A) (pmp) (Entered: 08/27/2001)
08/13/200129 JOINT motion by Bainbridge Mgt, Roger Ehmen and Ravi Barnabas Dr. for submission of Santiage proffer and 404(B) evidence by 09/20/2001 (pmp) (Entered: 08/27/2001)
08/13/200130 JOINT motion by Bainbridge Mgt, Roger Ehmen and Ravi Barnabas Dr. for production of exculpatory material and disclosure of impeachment information (pmp) (Entered: 08/27/2001)
08/13/200131 JOINT motion by Bainbridge Mgt, Roger Ehmen and Ravi Barnabas Dr. for a bill of particulars (pmp) (Entered: 08/27/2001)
08/13/200132 MEMORANDUM of law by Bainbridge Mgt, Roger Ehmen and Ravi Barnabas Dr. in support their joint motion for a bill of particulars [31-1] (pmp) (Entered: 08/27/2001)
08/14/200133 JOINT motion by Bainbridge Mgt and Roger Ehmen for severance from Dr. Ravi Barnabas (pmp) (Entered: 08/27/2001)
08/14/200134 JOINT motion by Bainbridge Mgt and Roger Ehmen to file memorandum of law under seal ; Notice (pmp) (Entered: 08/27/2001)
08/22/200135MINUTE ORDER of 8/22/01 by Hon. Suzanne B. Conlon as to defendants: Defendants Bainbridge Management and Roger Ehmen's joint motion for severance from Dr. Ravi Barnabas [33-1] is taken under advisement. Government shall respond by 08/29/2001. Defendants Bainbridge Management and Roger Ehmen's joint motion to file memorandum of law under seal is granted. [34-1] Defendant Bainbridge Management's motion for discovery required under F.R.Cr.P. 16(a)(1)(A) stricken [28-1] for failure to comply with local Criminal Rule 12.1(b). Defendants joint motion for submission of Santiage proffer and 404(B) evidence by 09/20/2001 is granted. [29-1] Defendants' joint motion for production of exculpatory material [30-1] and of disclosure impeachment information stricken [30-2] for failure to comply with Local Crimial Rule 12.1(b). Defendant's joint motion for a bill particulars is denied. [31-1] The motion inappropriately seeks discovery of evidentiary details. Mailed notice (pmp) (Entered: 08/27/2001)
08/28/200137 MEMORANDUM of law by Bainbridge Mgt and Roger Ehmen in support of their joint motion for severance from Dr. Ravi Barnabas [33-1]; Notice "RESTRICTED" (pmp) (Entered: 08/31/2001)
08/29/200136 RESPONSE by USA to defendant's Bainbridge Management and Roger Ehmen's motion for severance from Dr. Ravi Barnabas [33-1]; Notice (pmp) (Entered: 08/30/2001)
08/30/200138 AMENDED MOTION by Bainbridge Mgt for discovery required under Federal Rule of Criminal Procedure 16(a)(1)(A) ; Notice (meg) (Entered: 09/10/2001)
08/30/200139 AMENDED JOINT MOTION by Bainbridge Mgt, Ravi Barnabas Dr. for production of exculpatory material and for disclosure of impeachment information ; (meg) (Entered: 09/10/2001)
09/06/200140MINUTE ORDER of 9/6/01 by Hon. Suzanne B. Conlon as to Bainbridge Mgt : Coporate defendant Bainbridge Mangement's amended motion for discovery required under Federal Rule of Criminal Procedure 16(a)(1)(A) [38-1] and amended joint motion for production of exculpatory material [39-1] and for disclosure of impeachment information [39-2] are entered and continued to 9/12/01 at 9/12/01 at 9:00 a.m. Mailed notice (meg) (Entered: 09/10/2001)
09/13/200141 CONSOLIDATED RESPONSE by plaintiff to defendants' pretrial motions [39-1], [39-2], [33-1]; Notice (kmt) (Entered: 09/17/2001)
09/13/200143MINUTE ORDER of 9/13/01 by Hon. Suzanne B. Conlon as to defendants: Hearing held on defendants discovery motions. Motions and the government's consolidated response are taken under advisement. [42-1], [39-1] , [39-2], [38-1] and are taken under advisement. Ruling will be made by mail. Mailed notice (pmp) Modified on 09/21/2001 (Entered: 09/21/2001)
09/17/200144MINUTE ORDER of 9/17/01 by Hon. Suzanne B. Conlon as to Bainbridge Mgt : Defendant Bainbridge Management's amended motion for discovery required under Federal Rule of Criminal Procedure 16(a)(1)(A) [38-1] is moot. Mailed notice (pmp) (Entered: 09/21/2001)
09/17/200145 MINUTE ORDER of 9/17/01 by Hon. Suzanne B. Conlon as to defendants: Defendants' amended motion for exculpatory material and impeachment information is moot to the extent the government has complied with and indeed exceed its obligations and Brady v Maryland, 373 U.S. 83 (1963) Giglio v United States, 405 U.S. 150 (1972) The motion is denied in all other respect. The government's motion for additional time to file its Santiago proffer is granted in part the proffer shall be file (with a courtesy copy to chambers) by 09/24/2001. The various motions incorporated in the government's response to defendants' discovery motions are denied without prejudice for failure to comply with Local Rule 12.1(b) Motions in limine shall be filed before 10/11/2001. Mailed notice (pmp) (Entered: 09/21/2001)
09/24/200146 MOTION by USA for admission of prior acts evidence as to defendants Bainbridge Mgt, Roger Ehmen and Ravi Barnabas Dr. ; Notice (pmp) (Entered: 09/25/2001)
09/24/200147 MOTION by USA to file the government's Santiago proffer which is in excess of 15 pages as to defendant Bainbridge Mgt, Roger Ehmen and Ravi Barnabas Dr. (pmp) (Entered: 09/26/2001)
09/24/200148 PRELIMINARY evidentiary proffer by USA supporting the admissibility of co-conspirators statements; (Attachmens); Notice (pmp) (Entered: 10/04/2001)
10/01/200151MINUTE ORDER of 10/1/01 by Hon. Suzanne B. Conlon as to defendants: Government's motion to file the government's Santiago proffer which is in excess of 15 pages as to defendant Bainbridge Mgt, Roger Ehmen and Ravi Barnabas Dr. is granted [47-1] Mailed notice (pmp) (Entered: 10/05/2001)
10/01/200152MINUTE ORDER of 10/1/01 by Hon. Suzanne B. Conlon as to defendants: The jount motion of defendant's Bainbridge Managemenet and Roger Ehmen for severance from defendant Ravi barnabas is moot. [33-1] Mailed notice (pmp) (Entered: 10/05/2001)
10/04/200153SUPERSEDING indictment Bainbridge Mgt (1) count(s) 1s, 2s-6s, 7s-8s, 9s, 10s-14s, 15s-19s, 20s-34s, 35s, 36s, 37s-51s, 52s-56s, 57s, Bainbridge Mgt. Inc (6) count(s) 1, 2-6, 7-8, 9, 10-14, 15-19, 20-34, 35, 36, 37-51, 52-56, 57 and Andrew Cubria (7) count(s) 1, 9, 57 (pmp) (Entered: 10/05/2001)
10/04/200154 DESIGNATION SHEET Felony Category III (pmp) (Entered: 10/05/2001)
10/04/200155MINUTE ORDER of 10/4/01 by Hon. Geraldine Soat Brown as to Bainbridge Mgt, Bainbridge Mgt. Inc and Andrew Cubria Dr.: No bond set; defendant is a business as to Bainbridge Management, Inc. To set preliminary bail at $4,500.00 and that defendant be allowed to signe own recogizance as to set for Dr. Andrew Cubria No notice (pmp) (Entered: 10/05/2001)
10/04/200172 PETITION by Eilin Okaro Independent Administrator of the Estate of Albert Okaro to intervene ; Notice (pmp) (Entered: 10/17/2001)
10/05/200160  STATUS REPORT by Bainbridge Mgt, L.P.; Notice (pmp) (Entered: 10/09/2001)
10/09/200161 MOTION by USA to modify its previous motion for admission of prior acts evidence as to defendant Bainbridge Mgt, Roger Ehmen and Ravi Barnabas Dr. ; Notice (pmp) (Entered: 10/10/2001)
10/10/200164 MOTION by USA in limine for receprocal discovery , in limine witness list , in limine exhibits lists , in limine expert testimony , in limine Rule 404(b) materials , , in limine tapes and transcriptst , in limine advice of counsel defense , in limine references to sentencing , in limine to exlude potential witnesses , in limine jury nullification , in limine outrageous government conduct limine as evidence of lawfulness as to defendant Bainbridge Mgt, Bainbridge Mgt. Inc and Andrew Cubria Dr. (pmp) (Entered: 10/11/2001)
10/10/200165 PROPOSED Voir Dire Questions by USA as to Bainbridge Management L.P., Bainbridge Management, Inc., and Dr. Andrew Cubria; Notice (pmp) (Entered: 10/11/2001)
10/10/200176MINUTE ORDER of 10/10/01 by Hon. Suzanne B. Conlon as to defendants: Elin Okaro's motion to intervene is denied [72-1] Mailed notice (pmp) (Entered: 10/17/2001)
10/11/200170 PROPOSED Voir Dire Questions by Bainbridge Mgt; Notice (pmp) (Entered: 10/15/2001)
10/11/200177MINUTE ORDER of 10/11/01 by Hon. Suzanne B. Conlon as to defendants: Status hearing held on 10/11/01 at 9:00 a.m. Pretrial conference held on 10/11/01 at 4:30 p.m. No notice (pmp) (Entered: 10/17/2001)
10/15/200171 REFERRAL ORDER of 10/15/01 Referring Bainbridge Mgt, Roger Ehmen, Ravi Barnabas Dr., Sheshiqiri Rao Vavilikolanu Dr., Kumar M Kaliana Dr., Bainbridge Mgt. Inc, Andrew Cubria Dr. to Hon. Geraldine Soat Brown from Magistrate Judge Schekier pursuant to local Rule 72.1 or local Criminal Rule 50.3(D). (For further details see order) Mailed notice (pmp) (Entered: 10/16/2001)
10/16/200178 MOTION by USA to dismiss defendant Bainbridge from the original indictment without prejudice ; Notice (pmp) (Entered: 10/17/2001)
10/16/200182MINUTE ORDER of 10/16/01 by Hon. Geraldine Soat Brown as to Bainbridge Mgt : Arraignment held. Defendant enters ple of not gulty to all charges in all counts in the indictmetn in which the defendant is named. Rule 16 (A) conference to be held on or before 10/30/01. The schedule for motions and next status date will be set by the District Judge. Time is excluded until next status date pursuant to 18 U.S.C. Section 3161(h)(1)(F) Mailed notice (pmp) (Entered: 10/22/2001)
10/17/200181REFERRAL ORDER of 10/17/01 Referring Bainbridge Mgt and Bainbridge Mgt. Inc to Hon. Sidney I. Schenkier: Hear and enter order(s) on the following non-dispositive motion/matter: Arraignment(s) and/or detention hearing(s) (For further details see order) Mailed notice (pmp) (Entered: 10/19/2001)
10/22/200186MINUTE ORDER of 10/22/01 by Hon. Suzanne B. Conlon as to Bainbridge Mgt : The government's ageed motion to dismiss defendant Bainbridge Management L.P. from the original indictment without prejudice is granted [78-1] Trial on 11/02/01 is vacated. Mailed notice (pmp) (Entered: 10/23/2001)
10/22/200191 MOTION by USA to dismiss defendant Bainbridge from the original indictment without prejudice ; Notice (meg) (Entered: 11/05/2001)
10/25/200192MINUTE ORDER of 10/25/01 by Hon. Suzanne B. Conlon as to Bainbridge Mgt : The government's motion to dismiss defendant Bainbridge from the original indictment without prejudice [91-1] is moot. Mailed notice (meg) (Entered: 11/05/2001)
11/27/200196 EVIDENTIARY proffer by USA supporting forfeiture as to Bainbridge Management, Roger Ehmen and Dr. Ravi Barnabas; (Attachments); Notice (pmp) (Entered: 11/28/2001)
11/27/200197 RESPONSE by USA to defendant Ehmen's motion to strike, objections to the presentence investigation report and his motion for a downward departure; (Attachments); Notice (pmp) (Entered: 11/28/2001)
12/03/2001  JUDGMENT and Commitment issued to U.S. Marshal as to Dr. Ravi Barnabas (pmp) (Entered: 12/03/2001)
12/03/2001110MOTION by USA to request a status hearing as to defendant Bainbridge Mgt, Bainbridge Mgt. Inc, Andrew Cubria Dr. (Attachment); Notice. (emd) (Entered: 12/26/2001)
12/07/2001104MOTION by Bainbridge Mgt regarding state court document subpoena ; (Attachments); Notice (pmp) (Entered: 12/10/2001)
12/10/2001111MOTION by Bainbridge Mgt, Bainbridge Mgt. Inc for substitution of attorney James Streicker of Cotsirilos, Tighe & Streicker, Ltd law firm and withdrawal of the law firm Mayer Brown & Platt (Attachment); Notice. (emd) (Entered: 12/26/2001)
12/13/2001112MINUTE ORDER of 12/13/01 by Hon. Suzanne B. Conlon as to defendant, plaintiff: The goverment's agreed motion for early return of trial subpoenas and for a protective order are granted. The government's motion to request a status hearing granted. Status hearing is set on 1/30/02 at 9:00am. Counsel shall submit a joint proposed scheduling order to chambers by 1/23/02. Defendant Bainbridge Management, L.P.'s "motion regarding state court document subpoena" is denied as a request for an advisory opinion. Any motion to quash or for a protective order shall first be presented to the court that issued the subpoena. Defendant Bainbridge Management,Inc.'s motion for substitution of counsel is granted. James R. Streicker is granted leave to substitute as counsel for defendant and Vincent J. Connelly is granted leave to withdraw as counsel for defendant. [111-1] [104-1] [110-1] Entered Orders Mailed notice by judge's staff (emd) (Entered: 12/26/2001)
12/17/2001109 APPEARANCE of Attorney for Bainbridge Mgt by James R. Streicker, Terence H. Campbell (emd) (Entered: 12/20/2001)
01/23/2002119  PROPOSED agreed schedule by USA; Notice (pmp) (Entered: 02/15/2002)
02/01/2002115MINUTE ORDER of 2/1/02 by Hon. Suzanne B. Conlon as to defendant: Enter agreed order for exclusion of time under the Speedy Trial Act. Mailed notice (pmp) (Entered: 02/04/2002)
03/08/2002120MOTION by Bainbridge Mgt to dismiss it from the superseding indictment (pmp) (Entered: 03/11/2002)
03/08/2002121MEMORANDUM of law by Bainbridge Mgt in support of its motion to dismiss it from the superseding indictment [120-1] (pmp) (Entered: 03/11/2002)
03/08/2002122MOTION by Bainbridge Mgt for leave to file Grand Jury trasncripts under seal ; Notice (pmp) (Entered: 03/11/2002)
03/08/2002123 EXHIBIT A to Bainbridge Mgt memorandum of law in support of its motion to dismiss it from the superseding indictment "RESTRICTED" (pmp) (Entered: 03/11/2002)
03/08/2002124JOINT motion by Bainbridge Mgt and Bainbridge Mgt. Inc for discovery required under Rule of Criminal Procedure 16(a)(1)(A) (pmp) (Entered: 03/11/2002)
03/08/2002125JOINT motion by Bainbridge Mgt and Bainbridge Mgt. Inc for a bill of particulars (pmp) (Entered: 03/11/2002)
03/08/2002126JOINT motion by Bainbridge Mgt and Bainbridge Mgt. Inc for production of exculpatory material and for disclosure of impeachment information ; Notice (pmp) (Entered: 03/11/2002)
03/08/2002127MINUTE ORDER of 3/8/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt and Bainbridge Mgt. Inc : Defendant Bainbridge Management's motion to dismiss it from the superseding indictment [120-1] is taken under advisement. The government shall respond by 03/22/2002; defendant shall reply by 03/29/2002. Defendant Bainbridge's motion to leave to file Grand Jury transcripts under seal is granted. [122-1] Bainbridge defendant's joint motion for production of exculpatory material [126-1], motion for disclosure of impeachment information [126-2], motion for a bill of particulars [125-1] and motion for discovery required Rule of Criminal Procedure 16(a)(1)(A) [124-1] are taken under advisement. The government shall respond by 03/22/2002. Defendants shall reply by 03/29/2002. Mailed notice (pmp) Modified on 03/13/2002 (Entered: 03/13/2002)
03/29/2002135CONSOLIDATED reply by Bainbridge Mgt and Bainbridge Mgt. Inc in support of certain on their pre-trial motions motion to dismiss it from the superseding indictment [120-1]; Notice (pmp) (Entered: 04/01/2002)
04/10/2002136MINUTE ORDER of 4/10/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt and Bainbridge Mgt. Inc : The government shall file its supplemental Santiago proffer and provide its expert disclosures by 04/29/2002. Motions in limine, proposed voire dire questions and jury instructions are due 05/17/2002. Final pretrial conference is set on 05/30/2002. Defendants' expert disclosure and government's supplemental expert disclosures are due 06/03/2002. Trial is set on 06/19/2002 at 9:00 a.m. Mailed notice (pmp) (Entered: 04/11/2002)
04/10/2002137MINUTE ORDER of 4/10/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Bainbridge Mgt. Inc : Bainbridge Management, Inc's motion to dismiss it from the superseding indictment is denied. [120-1] The Bainbridge defendant's joint motion for a bill of particulars [125-1] is denied. The motion for discovery required under Rule of Criminal Procedure 16(a)(1)(A) is granted in part. [124-1] The government is directed to disclose statements of individuals the government asserts are agents who legally bound Bainbridge, Inc. and Bainbridge, L.P. separately and identify the agents who bound each defendant by by 04/22/2002. The motion is denied in all other respects. The Bainbridge defendants' joint motion for production of exculpatory and impeaching materials [126-1] and [126-2] is moot to the extent the government has complied with its obligations under Brady v Maryland, 373 U.S. 83 (1963) and Giglio v United States, 405 U.S. 150 (1972) The motion is denied in all other respects. Entered Memorandum Opinion and Order. Mailed notice (pmp) (Entered: 04/11/2002)
04/17/2002140MOTION by USA to re-set the trial date as to defendant Bainbridge Mgt and Bainbridge Mgt. Inc ; Notice (pmp) (Entered: 04/25/2002)
04/23/2002141MINUTE ORDER of 4/23/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Bainbridge Mgt. Inc : Government's motion to re-set the trial date as to defendant Bainbridge Mgt and Bainbridge Mgt. Inc is granted [140-1] Trial on 06/19/2002 is reset on 08/12/2002 at 9:00 a.m. No further extension. All other previously set dates stand. Mailed notice (pmp) (Entered: 04/25/2002)
04/29/2002142JOINT emergency motion by Bainbridge Mgt and Bainbridge Mgt. Inc to place government's supplemental Santiago Proffer under seal (pmp) (Entered: 04/30/2002)
04/29/2002143MINUTE ORDER of 4/29/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt and Bainbridge Mgt. Inc : Bainbridge defendant's joint emergency motion to place government's supplemental Santiago Proffer under seal is granted. [142-1] Mailed notice (pmp) (Entered: 04/30/2002)
04/29/2002144EMERGENCY motion by USA for reconsideration concerning placing the supplemental Santiago Proffer under seal as to defendants Bainbridge Mgt and Bainbridge Mgt. Inc ; Notice (pmp) (Entered: 04/30/2002)
04/29/2002145MINUTE ORDER of 4/29/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt and Bainbridge Mgt. Inc : Government's emergency motion for reconsideration concerning placing the supplemental Proffer under seal as to defendants Bainbridge Mgt and Bainbridge Mgt. Inc [144-1] is taken under advisement. Bainbridge defendants to respond by 05/06/2002. Mailed notice (pmp) (Entered: 04/30/2002)
04/29/2002146 SUPPLEMENTAL evidentiary proffer by USA supporting the admissibility of co-conspirators with agents statments and government's motion to file supplemental santiago proffer which is in excess of 15 pages. (pmp) Modified on 01/27/2003 (Entered: 04/30/2002)
04/29/2002146 AGENTS statements by USA with government's supplemental eviidentiary proffer supporting the admissibility of co-conspirator and government's motion to file the supplmental Santiago proffer which is in excess of 15 pages "RESTRICTED" (pmp) (Entered: 04/30/2002)
04/29/2002146 MOTION by USA to file the supplmental Santiago proffer which is in excess of 15 pages as to defendants with government's supplemental evidentiary proffer supporting the admissibility of co-conspirators and agents statements "RESTRICTED" (pmp) (Entered: 04/30/2002)
05/02/2002147MINUTE ORDER of 5/2/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Bainbridge Mgt. Inc : Government's motion to file the supplmental Santiago proffer which is in excess of 15 pages as to defendants is granted [146-1] Mailed notice (pmp) (Entered: 05/02/2002)
05/06/2002148REPLY by Bainbridge Mgt, Bainbridge Mgt. Inc to government's motion for reconsideration of the court's order to place the supplemental Santiago Proffer under seal as to [144-1] (emd) (Entered: 05/07/2002)
05/06/2002149MINUTE ORDER of 5/6/02 by Hon. Geraldine Soat Brown as to Bainbridge Mgt : All matters relating to the referral of this case having been concluded, the referral is closed and this case is returned to the assigned judge. Terminating referral of Bainbridge Mgt to Hon. Sidney I. Schenkier for Bainbridge Mgt Mailed notice (emd) (Entered: 05/08/2002)
05/17/2002156MOTIONS by USA in limine references to sentencing , in limine to jury nullification , in limine to claims of outrageous government conduct , in limine for advice of counsel defense and in limine as to defense counsel as a former prosecutor as to defendant Bainbridge Mgt, Bainbridge Mgt. Inc ; Notice (pmp) (Entered: 05/20/2002)
05/17/2002157MOTION by USA in limine to limit cross examination as to defendant Bainbridge Mgt, and Bainbridge Mgt. Inc ; (Attachments); Notice (pmp) (Entered: 05/20/2002)
05/17/2002166 PROPOSED Voir Dire Questions by Bainbridge Mgt, and Bainbridge Mgt. Inc (pmp) (Entered: 06/14/2002)
05/17/2002167MOTION by Bainbridge Mgt, and Bainbridge Mgt. Inc in limine to avoiding name confusion of the two defendants at trial , in limine defendants request to preclude the government from introducing the prejudicial surplusage relating to co-defendant Dr. Cubria , in limine defendant request that co-conspirator statements not be introduced into evidence until a conspiracy has been established and in limine defendants request that the government's proposed expansive agenty thories by limited ; (Attachments) (pmp) (Entered: 06/17/2002)
05/17/2002168NOTICE by Bainbridge Mgt, and Bainbridge Mgt. Inc [166-1] (pmp) (Entered: 06/17/2002)
05/17/2002201PROPOSED Voir Dire questions by USA (pmp) (Entered: 01/16/2003)
05/17/2002202DRAFT jury instructions by Bainbridge Mgt, and Bainbridge Mgt. Inc; Notice (pmp) (Entered: 01/16/2003)
05/20/2002158MINUTE ORDER of 5/20/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, andBainbridge Mgt. Inc : On the court's own motion the pretrial conference set on 05/30/2002 is to begin at 4:30 p.m. Mailed notice (pmp) (Entered: 05/21/2002)
05/24/2002159MOTION by USA to file a response to defendant's motions in limine as to defendants Bainbridge Mgt, and Bainbridge Mgt. Inc ; (pmp) (Entered: 05/24/2002)
05/24/2002160RESPONSE by USA to defendant's Bainbridge Management L.P. and Bainbridge Management, Inc's motions in limine to limit cross examination [157-1], motion in limine references to sentencing [156-1], motion in limine to jury nullification [156-2], motion in limine to claims of outrageous government conduct [156-3], motion in limine for advice of counsel defense [156-4], motion in limine as to defense counsel as a former prosecutor [156-5], motion in limine for receprocal discovery [64-1], motion in limine witness list [64-2], motion in limine exhibits lists [64-3], motion in limine expert testimony [64-4], motion in limine Rule 404(b) materials , [64-5], motion in limine tapes and transcriptst [64-6], motion in limine advice of counsel defense [64-7], motion limine references to sentencing [64-8], motion in limine to exlude potential witnesses [64-9], motion in limine jury nullification [64-10], motion in limine outrageous government conduct [64-11], motion [64-12]; Notice (pmp) (Entered: 05/24/2002)
05/28/2002161MINUTE ORDER of 5/28/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Bainbridge Mgt. Inc : The government's motion to file a response to defendant's motions in limine as to defendants Bainbridge Mgt, and Bainbridge Mgt. Inc is granted, [159-1] Defendant's motion in limine and the government's response are taken under advisement [157-1], [156-1], [156-2], [156-3], [156-4], [156-5], [64-1], [64-12], Mailed notice (pmp) (Entered: 05/30/2002)
05/28/2002162MINUTE ORDER of 5/28/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Bainbridge Mgt. Inc : Government's motion in limine to limit cross examination of Juan Colson as to defendant Bainbridge Mgt, and Bainbridge Mgt. Inc [157-1] is taken under advisement. Defendants shall respond by 06/07/2002. Mailed notice (pmp) Modified on 05/30/2002 (Entered: 05/30/2002)
05/30/2002163MINUTE ORDER of 5/30/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Bainbridge Mgt. Inc : Final pretrial conference held. Counsel shall submit an agreed order excluding time until trial under the Speedy Trial Act. Mailed notice (pmp) (Entered: 05/31/2002)
06/05/2002203SUPPLEMENTAL proposed Voir Dire questions by USA; Notice (pmp) (Entered: 01/16/2003)
06/05/2002204FORFEITURE jury instructions by USA; Notice (pmp) (Entered: 01/16/2003)
06/10/2002164MINUTE ORDER of 6/10/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Bainbridge Mgt. Inc : Enter agreed order excluding time from 05/30/2002 through trial pursuant to Title 18 U.S.C. 3161(h)(8)(A). (Enter agreed order) Mailed notice (pmp) (Entered: 06/11/2002)
06/10/2002165MINUTE ORDER of 6/10/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Bainbridge Mgt. Inc : The government's motions in limine references to sentencing [156-1], motion in limine to jury nullification [156-2], motion in limine to claims of outrageous government conduct [156-3], motion in limine for advice of counsel defense [156-4], motion in limine as to defense counsel as a former prosecutor [156-5] is taken under advisement. Defendant's shall respond by 06/21/2002. Mailed notice (pmp) (Entered: 06/12/2002)
06/21/2002170RESPONSE by Bainbridge Mgt, andBainbridge Mgt. Inc to government's motions in limine [157-1], [156-1], [156-2], [156-3], [156-4], [156-5], [64-1], [64-2], [64-3], [64-4], [64-5], [64-6], [64-7], [64-8], [64-9], [64-10], [64-11] and [64-12]; Notice (pmp) (Entered: 06/24/2002)
07/02/2002175 MINUTE ORDER of 7/2/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Bainbridge Mgt. Inc : The government's unopposed motion in limine to limit cross examination of Juan Colson is granted [157-1] (See reverse side of minute order for details) Mailed notice (pmp) (Entered: 07/03/2002)
07/03/2002176MINUTE ORDER of 7/3/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Bainbridge Mgt. Inc : On the court's own motion, the trial set on 08/21/2002 is reset on 01/20/2003 at 9:00 a.m. Mailed notice (pmp) (Entered: 07/03/2002)
07/17/2002177MINUTE ORDER of 7/17/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Bainbridge Mgt. Inc : The goverment's motion in limine [156-1], [156-2], [156-3], [156-4] and [156-5] are granted in part and denied in part. Motions in limine 1 through 4 are dnied; motion in limine 5 is granted. (See reverse for details) Mailed notice (pmp) (Entered: 07/19/2002)
07/26/2002178AGREED motion by USA concerning a proposed agreed schedule as to defendant Bainbridge Mgt, and Bainbridge Mgt. Inc ; (Attachments); Notice (pmp) (Entered: 08/01/2002)
07/31/2002179MINUTE ORDER of 7/31/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Bainbridge Mgt. Inc : Government's agreed motion concerning a proposed agreed schedule as to defendant Bainbridge Mgt, and Bainbridge Mgt. Inc is granted. [178-1] Parties 404(b) notices are due by 01/06/2003. Defendant's exhibits are to be available for review by the governemnt by 01/06/2003. Parties witness list, exhibit lists, Rule 902(11) notices summary charts and agreed statement of case for jury are due by 01/13/2003. (Enter Agreed Oreder) Mailed notice (pmp) (Entered: 08/01/2002)
09/03/2002183MINUTE ORDER of 9/3/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, Bainbridge Mgt. Inc : The Bainbridge defendants' motions in limine 2 [167-2], 3 [167-3], and 4 [167-4] are granted. Motion in limine 1 [167-1] is denied. Entered Memorandum Opinion and Order. Mailed notice by judge's staff (emd) (Entered: 09/05/2002)
09/03/2002184MINUTE ORDER of 9/3/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, Bainbridge Mgt. Inc : The government's motion for reconsideration concerning placing the supplemental Proffer under seal is granted [144-1]. The contents and identity of an unindicted co-conspirator are matters that have been disclosed to the public in the original Santiago proffer and more recently in a civil suit filed by the government. See government's response to defendants' motions in limine, p. 7 note 1. Mailed notice by judge's staff (emd) (Entered: 09/05/2002)
10/17/2002185MINUTE ORDER of 10/17/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, Bainbridge Mgt. Inc: On the court's own motion, the trial set on 1/20/03 is reset on 1/21/03 at 9:00 a.m. Mailed notices by judge's staff (yap) (Entered: 10/18/2002)
12/16/2002188MINUTE ORDER of 12/16/02 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Bainbridge Mgt. Inc : On the court's own motion trial on 01/21/2003 is reset on 01/23/2003 at 9:00 a.m. Mailed notice (pmp) (Entered: 12/17/2002)
12/31/2002191RESPONSE by USA to the pending motion to compel [189-1]; Notice (pmp) (Entered: 01/02/2003)
01/06/2003193REPLY memorandum by the Estate of Albert Okaro to government's response to the pending motion to compel [191-1]; Notice (pmp) (Entered: 01/07/2003)
01/07/2003194MINUTE ORDER of 1/7/03 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, Bainbridge Mgt. Inc : Change of plea set on 01/09/03 at 1:00 p.m. Government to submit a copy of plea agreement to chambers by 4:00 p.m. on 01/08/03. Notice mailed by Judge's staff (ar) (Entered: 01/08/2003)
01/08/2003195MINUTE ORDER of 1/8/03 by Hon. Suzanne B. Conlon as to Bainbridge Mgt and Bainbridge Mgt. Inc : At the request of counsel James Streicker, change of plea on 01/09/2003 is vacated. Change of plea is set on 01/15/2003 at 9:00 a.m. Mailed notice (pmp) (Entered: 01/09/2003)
01/08/2003196AGREED emergency motion by USA concerning a proposed revised schedule as to defendant Bainbridge Mgt, and Bainbridge Mgt. Inc ; Notice (pmp) (Entered: 01/10/2003)
01/08/2003197MINUTE ORDER of 1/8/03 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Bainbridge Mgt. Inc : Government's agreed emergency motion concerning a proposed revised schedule as to defendant Bainbridge Mgt, and Bainbridge Mgt. Inc is granted. [196-1] Parties 404(b) notices, witness lists, exhibits lists, Rule 902(11) notices, summary charts and agreed statement of case for jury are due by 01/17/2003. Defendant's exhibits are to be available for review by the government by 01/7/2003. Mailed notice (pmp) (Entered: 01/10/2003)
01/13/2003198SECOND SUPERSEDING Information naming Bainbridge Mgt, Braddock Mgt. L.P. and Bainbridge Mgt (1) count(s) 2ss and Braddock Mgt. L.P. (8) count(s) 1 (pmp) (Entered: 01/14/2003)
01/13/2003199DESIGNATION SHEET Felony Category III (pmp) (Entered: 01/14/2003)
01/15/2003205PLEA Agreement as to Bainbridge Mgt (pmp) (Entered: 01/16/2003)
01/15/2003206WAIVER of indictment by Bainbridge Mgt (pmp) (Entered: 01/16/2003)
01/15/2003207MINUTE ORDER of 1/15/03 by Hon. Suzanne B. Conlon as to Bainbridge Mgt : Arraignment hearing held. Defendant waives formal reading of second superseding information. Defendant pleads guilty to count two of the second superseding information. Court enters judgment of guilty. Defendant waives presentence investigation. Trial on 01/23/2003 is vacated. Enter waiver of indictment. Mailed notice (pmp) (Entered: 01/16/2003)
01/15/2003211MINUTE ORDER of 1/15/03 by Hon. Suzanne B. Conlon as to Bainbridge Mgt, and Braddock Mgt. L.P. : Enter order approving restitution compromise of $2.9 million. (Enter Order) Mailed notice (pmp) (Entered: 01/16/2003)
01/15/2003213SENTENCING/Judgment and Commitment Order of 1/15/03 by Hon. Suzanne B. Conlon : Sentencing Bainbridge Mgt (1) count(s) 2ss. The defendant is hereby sentenced to probation for a term of one (1) year. The defendant shall make restitution in the total amount of $13,644,598.00. Schedule of payments. Dismissing counts Bainbridge Mgt (1) count(s) 1s, 2s -6s , 7s -8s , 9s , 10s -14s , 15s -19s on the motion of the United States. Dismissing counts Bainbridge Mgt (1) count(s) 36s, 37s -51s , 52s -56s , 57s on the motion of the United States. Mailed notice (pmp) (Entered: 01/16/2003)
01/15/2003  ORAL motion by USA to dismiss remaining counts and prior indictment as to defendant Bainbridge Management, Inc. (pmp) (Entered: 01/17/2003)
01/16/2003  JUDGMENT and Commitment issued to U.S. Marshal as to Bainbridge Management (pmp) (Entered: 01/16/2003)
01/17/2003215MOTION by Peter Rogan as to defendants' to intervene for the purpose of obtaining clarification of the protective order entered on 05/24/2001 ; (Attachments); Notice (pmp) (Entered: 01/28/2003)
01/22/2003216PETITION by the Estate of Alberto Okaro as to Bainbridge Mgt, Roger Ehmen and Ravi Barnabas Dr. to modify protective order of 05/24/01. ; Notice (pmp) (Entered: 01/28/2003)
01/28/2003217MINUTE ORDER of 1/28/03 by Hon. Suzanne B. Conlon as to defendants: Estate of Albert Okaro's petition to modify protective order of 05/24/01 [216-1] is taken under advisement. Government shall respond by 2/11/03. Intervenor Peter Rogan's motion to intervene for the purpose of obtaining clarification of the protective order entered on 05/24/2001 [215-1] is taken under advisement. Government shall respond by 2/11/03. Mailed notice (las) (Entered: 01/29/2003)
02/10/2003218RESPONSE by USA to the second motion to compel; Notice (yap) (Entered: 02/11/2003)
02/13/2003219MINUTE ORDER of 2/13/03 by Hon. Suzanne B. Conlon as to defendants: The petition of the Estate of Albert Okaro to modify protective order of 05/24/01 is denied in part and moot in part. [216-1] In accordance with the terms of the protective order, all defense counsel in this case are ordered to return to the United States Attorney upon receipt of this order all documents produced in discovery. Some of those materials include grand jury materials and other documents not subject to distribution. The United States Attorney represents that non-protected materials will be provided to the Okara Estate. The motion of Peter Rogan to intervene for the purpose of obtaining clarification of the protective order entered on 05/24/2001 [215-1] moot. Mailed notice (pmp) (Entered: 02/14/2003)
03/28/2003225AGREED motion by Bainbridge Mgt and Braddock Mgt. L.P. regarding return of documents to the government ; Notice (pmp) (Entered: 04/03/2003)
04/03/2003226MINUTE ORDER of 4/3/03 by Hon. Suzanne B. Conlon as to Bainbridge Mgt and Braddock Mgt. L.P. : Defendant Bainbridge's agreed motion regarding return of documents to the government is granted. [225-1] Counsel Vincent Connelly and Meyer, Brown, Rowe and Maw may maintain and share documents with Winston and Strawn, counsel for Peter Rogan in the related civil case pending before Judge Darrah. Mailed notice (pmp) (Entered: 04/03/2003)