APPEAL,CLOSED

U.S. District Court
Southern District of Ohio (Cincinnati)
CRIMINAL DOCKET FOR CASE #: 1:06-cr-00111-SAS All Defendants


Case title: USA v. Warshak et al
Related  Case: 1:12-cv-00433-SAS

Date Filed: 09/20/2006
Date Terminated: 09/21/2011


Interested Party
Wende Cross
TERMINATED: 12/28/2007
represented byMark Alan VanderLaan
Dinsmore & Shohl - 1
1900 Chemed Center
255 E 5th Street
Cincinnati, OH 45202
513-977-8200
Fax: 513-977-8200
Email: mark.vanderlaan@dinsmore.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard P. Corthell
255 E. 5th Street
Suite 1900
Cincinnati, OH 45202
413/539-0079
Email: richard.corthell@dinslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Interested Party
Greg J Cossman represented byTheodore Joseph Froncek , Jr
Olde Sycamore Square
1208 Sycamore Street
Cincinnati, OH 45210
5132412188
Email: tjfroncek@fuse.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained


Interested Party
Michael Wagner represented byPaul Montague Laufman
Laufman & Napolitano, LLC
4310 Hunt Road
Cincinnati, OH 45242
513-621-4556
Fax: 513-621-5563
Email: plaufman@ln-lawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Interested Party
Berkeley Premium Nutraceuticals Class Victims
Members of the Classes of Victims Certified in Parker v. Berkeley Premium Nutraceuticals, 04-cv-1903 in Montgomery Co. Court of Common Pleas
represented byKathleen Mary Brinkman
Porter, Wright, Morris & Arthur, LLP
250 East Fifth Street
Suite 2200
Cincinnati, OH 45202
513-381-4700
Fax: 513-421-0991
Email: kbrinkman@porterwright.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Assigned to: Judge S Arthur Spiegel
Appeals court case numbers: '07-3302' 'Sixth Circuit Court of Appeals', '09-3321' '6th Circuit Court of Appeals'

Defendant (1)
Steven E Warshak
TERMINATED: 09/21/2011
represented byJohn Henry Phillips
Phillips Law Firm - 1
9521 Montgomery Road
Cincinnati, OH 45242
513-985-2500
Fax: 513-985-2503
Email: JHP@phillipslawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Martin G Weinberg
20 Park Plaza
Suite 905
Boston, MA 02116
617-227-3700
Fax: 617-338-9538
Email: owlmgw@att.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Dennis Alan Lieberman
Flanagan Lieberman Hoffman & Swaim - 3
318 W Fourth Street
Dayton, OH 45402
937-223-5200
Email: dlieberman@flhslaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Robert M. Goldstein
20 Park Plaza
Suite 903
Boston, MA 02116
617/742-9015
Fax: 617/742-9016
Email: rmg@goldstein-lawfirm.com
TERMINATED: 12/19/2007
ATTORNEY TO BE NOTICED
Designation: Retained

Wende Crystal Cross
W.C. Cross Associates, LLC
3460 Reading Road
Cincinnati, OH 45229
513-861-7100
Fax: 513-861-7101
Email: wendecross@fuse.net
TERMINATED: 12/28/2007
Designation: Retained

Pending Counts

Disposition
18:1349 CONSPIRACY TO COMMIT MAIL, WIRE, AND BANK FRAUD (FRAUDS AND SWINDLES)
(1)
Sentenced to 120 months on Counts 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-106, 108; 60 months on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-106, 108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg.
18:1341 MAIL FRAUD (FRAUDS AND SWINDLES)
(2-13)
Sentenced to 120 months on Counts 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-106, 108; 60 months on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-106, 108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg.
18:1344 BANK FRAUD
(15)
Sentenced to 120 months on Counts 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-106, 108; 60 months on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-106, 108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg.
18:1344 BANK FRAUD
(23)
Sentenced to 120 months on Counts 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-106, 108; 60 months on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-106, 108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg.
18:1344 BANK FRAUD
(27)
Sentenced to 120 months on Counts 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-106, 108; 60 months on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-106, 108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg.
18:1029(a)(5), 1029(b)(1) and (2) CONSPIRACY TO COMMIT AND ATTEMPT TO COMMIT ACCESS DEVICE FRAUD (PRODUCES/TRAFFICS IN COUNTERFEIT DEVICE)
(29)
Sentenced to 120 months on Counts 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-106, 108; 60 months on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-106, 108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg.
18:1956(h) CONSPIRACY TO COMMIT MONEY LAUNDERING
(30-31)
Sentenced to 120 months on Counts 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-106, 108; 60 months on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-106, 108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg.
18:1956 and 18:2 MONEY LAUNDERING
(32-98)
Sentenced to 120 months on Counts 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-106, 108; 60 months on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-106, 108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg.
18:1956 and 18:2 MONEY LAUNDERING
(102-106)
Sentenced to 120 months on Counts 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-106, 108; 60 months on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-106, 108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg.
18:1956 and 18:2 MONEY LAUNDERING
(108)
Sentenced to 120 months on Counts 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-106, 108; 60 months on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-106, 108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg.
18:371 CONSPIRACY TO OBSTRUCT PROCEEDINGS BEFORE THE U.S. FEDERAL TRADE COMMISSION
(112)
Sentenced to 120 months on Counts 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-106, 108; 60 months on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-106, 108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1014 and 18:2 FALSE STATEMENTS TO BANK (LOAN AND CREDIT APPLICATIONS GENERALLY)
(14)
18:1014 and 18:2 FALSE STATEMENTS TO BANK (LOAN AND CREDIT APPLICATIONS GENERALLY)
(16-22)
18:1014 and 18:2 FALSE STATEMENTS TO BANK (LOAN AND CREDIT APPLICATIONS GENERALLY)
(24-26)
18:1014 and 18:2 FALSE STATEMENTS TO BANK (LOAN AND CREDIT APPLICATIONS GENERALLY)
(28)
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES BY MISBRANDING
(109)
21:331(k), 333(a)(2) and 18:2 AFFECTING THE LABEL TO CAUSE MISBRANDING
(110s)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge S Arthur Spiegel
Appeals court case numbers: ' 08-4429' '6th Circuit COA', '08-4087' 'Sixth Circuit Court of Appeals'

Defendant (2)
Harriet Warshak
TERMINATED: 09/21/2011
represented byDennis Alan Lieberman
(See above for address)
TERMINATED: 01/04/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Candace C Crouse
Strauss & Troy
The Federal Reserve Building
150 E. Fourth Street
Cincinnati, OH 45202
513-621-2120
Fax: 513-241-8259
Email: cccrouse@strausstroy.com
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Martin Stanley Pinales
Strauss & Troy
The Federal Reserve Building
150 E. Fourth Street
Cincinnati, OH 45202
513-621-2120
Fax: 513-241-8259
Email: mspinales@strausstroy.com
ATTORNEY TO BE NOTICED
Designation: CJA Appointment

Martin G Weinberg
(See above for address)
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:1349 CONSPIRACY TO COMMIT MAIL, WIRE, AND BANK FRAUD (FRAUDS AND SWINDLES)
(1)
Sentenced to one (1) day imprisonment on Counts 1 and 27, to be served concurrently to each other; followed by 5 years supervised release on Counts 1 and 27, the terms to be served concurrently. $200 special assessment and forfeiture of assets to the United States as outlined in judgment
18:1344 BANK FRAUD
(27)
Sentenced to one (1) day imprisonment on Counts 1 and 27, to be served concurrently to each other; followed by 5 years supervised release on Counts 1 and 27, the terms to be served concurrently. $200 special assessment and forfeiture of assets to the United States as outlined in judgment

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1014 and 18:2 FALSE STATEMENTS TO BANK (LOAN AND CREDIT APPLICATIONS GENERALLY)
(28)
18:1956(h) CONSPIRACY TO COMMIT MONEY LAUNDERING
(30-31)
18:1956 and 18:2 MONEY LAUNDERING
(99-101)
18:1956 and 18:2 MONEY LAUNDERING
(107)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge S Arthur Spiegel

Defendant (3)
Mr. Paul J. Kellogg
TERMINATED: 08/29/2008
represented byDavid Carr Greer
Bieser, Greer & Landis - 3
400 National City Center
6 N Main Street
Dayton, OH 45402
937-223-3277
Fax: 937-223-6339
Email: dcg@bgllaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

James P Fleisher
Bieser, Greer & Landis - 3
6 North Main Street
400 National City Center
Dayton, OH 45402
937-223-3277
Fax: 937-223-6339
Email: jpf@bgllaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1956(h) CONSPIRACY TO COMMIT MONEY LAUNDERING
(30-31)
Sentenced on One (1) Year and One (1) Day imprisonment on Counts 30, 96-97; on Count 31; and on Counts 111-112, all sentences to be served concurrently; followed by three (3) years supervised release on Counts 30-31, 96-97, 111-112, all terms to be served concurrently. Fine: None; Restitution: None; Special Assessment: $600; Forfeiture: All right, title and interest of Paul J. Kellogg in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Paul J. Kellogg. It is further Ordered that Paul J. Kellogg forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak. All right, title and interest of Paul J. Kellogg in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States.The Second Preliminary Order of Forfeiture today becomes final as to the Defendant Paul Kellogg.
18:1956 and 18:2 MONEY LAUNDERING
(96s-97s)
Sentenced on One (1) Year and One (1) Day imprisonment on Counts 30, 96-97; on Count 31; and on Counts 111-112, all sentences to be served concurrently; followed by three (3) years supervised release on Counts 30-31, 96-97, 111-112, all terms to be served concurrently. Fine: None; Restitution: None; Special Assessment: $600; Forfeiture: All right, title and interest of Paul J. Kellogg in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Paul J. Kellogg. It is further Ordered that Paul J. Kellogg forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak. All right, title and interest of Paul J. Kellogg in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States.The Second Preliminary Order of Forfeiture today becomes final as to the Defendant Paul Kellogg.
18:371 CONSPIRACY TO OBSTRUCT PROCEEDINGS BEFORE THE U.S. FOOD AND DRUG ADMINISTRATION
(111)
Sentenced on One (1) Year and One (1) Day imprisonment on Counts 30, 96-97; on Count 31; and on Counts 111-112, all sentences to be served concurrently; followed by three (3) years supervised release on Counts 30-31, 96-97, 111-112, all terms to be served concurrently. Fine: None; Restitution: None; Special Assessment: $600; Forfeiture: All right, title and interest of Paul J. Kellogg in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Paul J. Kellogg. It is further Ordered that Paul J. Kellogg forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak. All right, title and interest of Paul J. Kellogg in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States.The Second Preliminary Order of Forfeiture today becomes final as to the Defendant Paul Kellogg.
18:371 CONSPIRACY TO OBSTRUCT PROCEEDINGS BEFORE THE U.S. FEDERAL TRADE COMMISSION
(112)
Sentenced on One (1) Year and One (1) Day imprisonment on Counts 30, 96-97; on Count 31; and on Counts 111-112, all sentences to be served concurrently; followed by three (3) years supervised release on Counts 30-31, 96-97, 111-112, all terms to be served concurrently. Fine: None; Restitution: None; Special Assessment: $600; Forfeiture: All right, title and interest of Paul J. Kellogg in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Paul J. Kellogg. It is further Ordered that Paul J. Kellogg forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak. All right, title and interest of Paul J. Kellogg in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States.The Second Preliminary Order of Forfeiture today becomes final as to the Defendant Paul Kellogg.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1014 and 18:2 FALSE STATEMENTS TO BANK (LOAN AND CREDIT APPLICATIONS GENERALLY)
(14)
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES BY MISBRANDING
(109)
21:331(k), 333(a)(2) and 18:2 AFFECTING THE LABEL TO CAUSE MISBRANDING
(110)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge S Arthur Spiegel

Defendant (4)
Charles W Clarke, Jr.
TERMINATED: 12/21/2007
represented byHal Roger Arenstein
Arenstein & Gallagher
The Citadel
114 E Eighth Street
Cincinnati, OH 45202
513-651-5666
Fax: 513-651-5688
Email: halalawyer@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

James P Fleisher
(See above for address)
ATTORNEY TO BE NOTICED

Martin G Weinberg
(See above for address)
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:1349 CONSPIRACY TO COMMIT MAIL, WIRE, AND BANK FRAUD (FRAUDS AND SWINDLES)
(1)
Indictment dismissed as to Defendant Charles W Clarke Jr, upon suggestion of death and motion of the United States

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge S Arthur Spiegel
Appeals court case number: '08-4214' 'Sixth Circuit Court of Appeals'

Defendant (5)
Steven P. Pugh
TERMINATED: 08/29/2008
represented byRaymond T Faller
810 Sycamore Street
Sixth Floor
Cincinnati, OH 45202
513-579-1266
Fax: 513-579-1267
Email: rtfaller@fuse.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Martin G Weinberg
(See above for address)
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:371 CONSPIRACY TO OBSTRUCT PROCEEDINGS BEFORE THE U.S. FOOD AND DRUG ADMINISTRATION
(111)
Sentenced to Twelve (12) months and One (1) Day imprisonment; Supervised Release: Three (3) Years; Fine: None; Restitution: None; Special Assessment: $100.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES BY MISBRANDING
(109)
Found Not Guilty by Jury
21:331(k), 333(a)(2) and 18:2 AFFECTING THE LABEL TO CAUSE MISBRANDING
(110)
Found Not Guilty by Jury

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge S Arthur Spiegel

Defendant (6)
Amar D. Chavan
TERMINATED: 02/27/2008
represented byBruce Bingham Whitman
Whitman Law Offices - 1
3536 Edwards Road
Suite 100
Cincinnati, OH 45208
513-321-3940
Fax: 513-321-3929
Email: bbwhitmanlaw@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18:1349 CONSPIRACY TO COMMIT MAIL, WIRE, AND BANK FRAUD (FRAUDS AND SWINDLES)
(1)
DEFENDANT FOUND NOT GUILTY OF COUNT 1 BY JURY VERDICT
18:1029(a)(5), 1029(b)(1) and (2) CONSPIRACY TO COMMIT AND ATTEMPT TO COMMIT ACCESS DEVICE FRAUD (PRODUCES/TRAFFICS IN COUNTERFEIT DEVICE)
(29)
DEFENDANT FOUND NOT GUILTY OF COUNT 29 BY JURY VERDICT

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge S Arthur Spiegel
Appeals court case number: '08-4212' 'Sixth Circuit Court of Appeals'

Defendant (7)
TCI Media, Inc.
TERMINATED: 08/28/2008
represented byDennis Alan Lieberman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Robert M. Goldstein
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1956 and 18:2 MONEY LAUNDERING
(57-58)
Sentenced to 5 years Probation. During this time, Defendant shall comply with a compliance plan to be developed by the U.S. Attorney with the Probation Office. Fine: $160,000; Special Assessment: $6,400.00 ($100 each count). Forfeiture: All right, title and interest of TCI Media, Inc. in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant TCI Media, Inc. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. The Court Orders that a corporate representative be appointed to represent Steven Warshak in his absence. Defendants oral motion to stay imposition of forfeiture and fine is DENIED.
18:1956 and 18:2 MONEY LAUNDERING
(60-73)
Sentenced to 5 years Probation. During this time, Defendant shall comply with a compliance plan to be developed by the U.S. Attorney with the Probation Office. Fine: $160,000; Special Assessment: $6,400.00 ($100 each count). Forfeiture: All right, title and interest of TCI Media, Inc. in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant TCI Media, Inc. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. The Court Orders that a corporate representative be appointed to represent Steven Warshak in his absence. Defendants oral motion to stay imposition of forfeiture and fine is DENIED.
18:1956 and 18:2 MONEY LAUNDERING
(79)
Sentenced to 5 years Probation. During this time, Defendant shall comply with a compliance plan to be developed by the U.S. Attorney with the Probation Office. Fine: $160,000; Special Assessment: $6,400.00 ($100 each count). Forfeiture: All right, title and interest of TCI Media, Inc. in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant TCI Media, Inc. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. The Court Orders that a corporate representative be appointed to represent Steven Warshak in his absence. Defendants oral motion to stay imposition of forfeiture and fine is DENIED.
18:1956 and 18:2 MONEY LAUNDERING
(83)
Sentenced to 5 years Probation. During this time, Defendant shall comply with a compliance plan to be developed by the U.S. Attorney with the Probation Office. Fine: $160,000; Special Assessment: $6,400.00 ($100 each count). Forfeiture: All right, title and interest of TCI Media, Inc. in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant TCI Media, Inc. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. The Court Orders that a corporate representative be appointed to represent Steven Warshak in his absence. Defendants oral motion to stay imposition of forfeiture and fine is DENIED.
18:1956 and 18:2 MONEY LAUNDERING
(91-93)
Sentenced to 5 years Probation. During this time, Defendant shall comply with a compliance plan to be developed by the U.S. Attorney with the Probation Office. Fine: $160,000; Special Assessment: $6,400.00 ($100 each count). Forfeiture: All right, title and interest of TCI Media, Inc. in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant TCI Media, Inc. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. The Court Orders that a corporate representative be appointed to represent Steven Warshak in his absence. Defendants oral motion to stay imposition of forfeiture and fine is DENIED.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge S Arthur Spiegel
Appeals court case number: '08-4211' 'Sixth Circuit Court of Appeals'

Defendant (8)
Berkeley Premium Nutraceuticals, Inc.
TERMINATED: 08/28/2008
represented byDennis Alan Lieberman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

John Henry Phillips
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained

Martin G Weinberg
(See above for address)
ATTORNEY TO BE NOTICED

Robert M. Goldstein
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1349 CONSPIRACY TO COMMIT MAIL, WIRE, AND BANK FRAUD (FRAUDS AND SWINDLES)
(1)
Sentenced to 5 years Probation, during this time Defendant shall comply with a compliance plan to be developed by the U.S. Attorney, Probation Office and Federal Trade Commission. Fine: $15,000,000.00, in installment payments of $250,000.00 per month; Special Assessment: $6,000.00 ($100 each count); Forfeiture: All right, title and interest of Berkeley Premium Nutraceuticals in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Berkeley Premium Nutraceuticals. It is further Ordered that Berkeley Premium Nutraceuticals shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. Imposition of forfeiture is hereby STAYED as it relates to the corporations operating account for 90 days. Imposition of the fine is also STAYED for 90 days.
18:1341 MAIL FRAUD (FRAUDS AND SWINDLES)
(2-13)
Sentenced to 5 years Probation, during this time Defendant shall comply with a compliance plan to be developed by the U.S. Attorney, Probation Office and Federal Trade Commission. Fine: $15,000,000.00, in installment payments of $250,000.00 per month; Special Assessment: $6,000.00 ($100 each count); Forfeiture: All right, title and interest of Berkeley Premium Nutraceuticals in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Berkeley Premium Nutraceuticals. It is further Ordered that Berkeley Premium Nutraceuticals shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. Imposition of forfeiture is hereby STAYED as it relates to the corporations operating account for 90 days. Imposition of the fine is also STAYED for 90 days.
18:1029(a)(5), 1029(b)(1) and (2) CONSPIRACY TO COMMIT AND ATTEMPT TO COMMIT ACCESS DEVICE FRAUD (PRODUCES/TRAFFICS IN COUNTERFEIT DEVICE)
(29)
Sentenced to 5 years Probation, during this time Defendant shall comply with a compliance plan to be developed by the U.S. Attorney, Probation Office and Federal Trade Commission. Fine: $15,000,000.00, in installment payments of $250,000.00 per month; Special Assessment: $6,000.00 ($100 each count); Forfeiture: All right, title and interest of Berkeley Premium Nutraceuticals in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Berkeley Premium Nutraceuticals. It is further Ordered that Berkeley Premium Nutraceuticals shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. Imposition of forfeiture is hereby STAYED as it relates to the corporations operating account for 90 days. Imposition of the fine is also STAYED for 90 days.
21:331(k), 333(a)(2) and 18:2 AFFECTING THE LABEL TO CAUSE MISBRANDING
(110)
Sentenced to 5 years Probation, during this time Defendant shall comply with a compliance plan to be developed by the U.S. Attorney, Probation Office and Federal Trade Commission. Fine: $15,000,000.00, in installment payments of $250,000.00 per month; Special Assessment: $6,000.00 ($100 each count); Forfeiture: All right, title and interest of Berkeley Premium Nutraceuticals in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Berkeley Premium Nutraceuticals. It is further Ordered that Berkeley Premium Nutraceuticals shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. Imposition of forfeiture is hereby STAYED as it relates to the corporations operating account for 90 days. Imposition of the fine is also STAYED for 90 days.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Claimant
John B Hall
Managing Member, Hallmark Homes LLC
represented byJohn Henry Phillips
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Dennis Alan Lieberman
(See above for address)
ATTORNEY TO BE NOTICED


Claimant
Carrie Warshak represented byJohn Henry Phillips
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Dennis Alan Lieberman
(See above for address)
ATTORNEY TO BE NOTICED


Claimant
Countrywide Home Loans Inc represented byWilliam Lawrence Purtell
Lerner Sampson & Rothfuss Co - 1
120 E Fourth Street
8th Floor
Cincinnati, OH 45202-4007
513-241-3100
Email: Bill.Purtell@lsrlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Claimant
Bank of America NA represented byPhyllis A Ulrich
Carlisle McNellie Rini Kramer & Ulrich Co., LPA
Chagrin Professional Plaza
24755 Chagrin Boulevard
Suite 200
Cleveland, OH 44122-5690
216-360-7200
Fax: 216-360-7212
Email: pulrich@carlisle-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Trustee in Bankruptcy
Richard D Nelson represented byDonald John Rafferty
Cohen Todd Kite & Stanford - 1
250 E Fifth Street
Suite 1200
Cincinnati, OH 45202-4139
513-421-4020
Fax: 513-241-4495
Email: drafferty@ctks.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard Dunbar Nelson
Cohen Todd Kite & Stanford - 1
250 E Fifth Street
Suite 1200
Cincinnati, OH 45202-4139
513-421-4020
Fax: 513-333-5255
Email: ricknelson@ctks.com
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byAnne L Porter
United States Attorney's Office
221 E Fourth Street
Suite 400
Cincinnati, OH 45202
513-684-3711
Email: anne.porter@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Deborah Diane Grimes
United States Attorney's Office
221 E. Fourth Street
Suite 400
Cincinnati, OH 45202
513/684-3711
Fax: 513/684-6385
Email: deborah.grimes@usdoj.gov
ATTORNEY TO BE NOTICED

Donetta Donaldson Wiethe
U.S. Department of Justice - 1
221 E Fourth Street
Suite 400
Cincinnati, OH 45202
513-684-3711
Email: donetta.wiethe@usdoj.gov
ATTORNEY TO BE NOTICED

Karl Paul Kadon , III
United States Attorney's Office
Southern District of Ohio
221 East Fourth Street
Suite 400
Cincinnati, OH 45202
513-684-3711
Fax: 513-684-2047
Email: karl.kadon@usdoj.gov
ATTORNEY TO BE NOTICED

Mark L. Josephs
U.S. Department of Justice
Office of Consumer Litigation
P.O. Box 386
1331 Pennsylvania Avenue, N.W.
Suite 950N
Washington, DC 20044
202/305-3630
Fax: 202/514-8742
Email: Mark.Josephs@usdoj.gov
ATTORNEY TO BE NOTICED

Vipal Patel
United States Attorney's Office
200 West Second Street
Suite 600
Dayton, OH 45402
937-225-2910
Fax: 937-225-2564
Email: vipal.patel@usdoj.gov

Date Filed #Docket Text
09/20/2006INDICTMENT as to Steven E Warshak (1) count(s) 1-98, 102-106, 108-110, 112, Forfeiture, Harriet Warshak (2) count(s) 1, 27, 28, 30, 31, 99-101, 107, Forfeiture, Paul J. Kellogg (3) count(s) 14, 30, 31, 96, 97, 109-112, Forfeiture, Charles W Clarke, Jr (4) count(s) 1, Forfeiture, Steven P. Pugh (5) count(s) 109-111, Amar D. Chavan (6) count(s) 1, 29, Forfeiture, TCI Media, Inc. (7) count(s) 57-58, 60-73, 79, 83, 91-93, Forfeiture, Berkeley Premium Nutraceuticals, Inc. (8) count(s) 1-13, 29, 110, Forfeiture. (Attachments: # 1 indictment pages 44 thru 84# 2 Exhibit A) (art, ) (Entered: 09/20/2006)
09/20/2006 MOTION Transfer Case as a Related Case by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (art, ) (Entered: 09/20/2006)
09/20/2006  Counts added: TCI Media, Inc. (7) count(s) 57-58, 60-73, 79, 83, 91-93 (art, ) (Entered: 09/20/2006)
09/20/2006  Counts added: Steven E Warshak (1) count(s) 110. (art, ) (Entered: 09/20/2006)
09/20/2006  Counts added: Paul J. Kellogg (3) count(s) 96s-97. (art, ) (Entered: 09/20/2006)
09/21/2006NOTATION ORDER denying 2 Motion to Transfer Case as a Related Case as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), and Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge Susan J. Dlott on 9/21/06. (scot1, ) (Entered: 09/21/2006)
09/21/2006NOTICE of Initial Appearance on Indictment as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 1 Indictment,, (Porter, Anne) (Entered: 09/21/2006)
09/22/2006AFFIDAVIT and NOTICE of Lis Pendens filed by USA. (scot, ) (Entered: 09/22/2006)
09/26/2006ORDER TRANSFERRING CASE to the docket of Judge S. Arthur Spiegel as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. Signed by Judge Susan J. Dlott and Judge S Arthur Spiegel on 9/26/2006. (km, ) (Entered: 09/26/2006)
09/26/2006  Judge update in case as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. Judge S Arthur Spiegel added. Judge Susan J. Dlott no longer assigned to case. (km, ) (Entered: 09/26/2006)
09/26/2006 MOTION for Reconsideration re 7 Order, Transferring Case by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Pinales, Martin) (Entered: 09/26/2006)
09/26/2006 MOTION for Reconsideration of Order Transferring Case by Harriet Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Lieberman, Dennis) (Entered: 09/26/2006)
09/26/200610  MOTION for Reconsideration Order Transferring Case by Steven P. Pugh. (Faller, Raymond) (Entered: 09/26/2006)
09/26/200611  MOTION for Reconsideration Order Transferring Case by Charles W Clarke, Jr. (Arenstein, Hal) (Entered: 09/26/2006)
09/27/200612  MOTION for Reconsideration of Order Transferring Case by Paul J. Kellogg. (Fleisher, James) (Entered: 09/27/2006)
09/27/200613 PRETRIAL MEMORANDUM Supplement in Support of Motion to Reconsider Transfer by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Pinales, Martin) (Entered: 09/27/2006)
09/28/200614  MOTION for Leave to Appear Pro Hac Vice of Martin G. Weinberg by Steven E Warshak. (Attachments: # 1 # 2 # 3)(Pinales, Martin) (Entered: 09/28/2006)
09/28/200615 NOTICE OF ATTORNEY APPEARANCE: James P Fleisher appearing for Paul J. Kellogg (Fleisher, James) (Entered: 09/28/2006)
09/28/200616 NOTICE OF ATTORNEY APPEARANCE: David Carr Greer appearing for Paul J. Kellogg (Greer, David) (Entered: 09/28/2006)
09/28/2006  Passport of Amar D. Chavan received by Clerk and placed in financial vault. (Receipt #2281) (scot1, ) (Entered: 09/28/2006)
09/28/200617 Minute Entry: Case called this date for an initial appearance and arraignment on indictment as to Steven E Warshak before Magistrate Judge Timothy S Hogan. Defendant present w/counsel and was informed of his rights and the charges against him. Defendant plead Not Guilty to all counts of the indictment. No Amount OR bond with no conditions set by the Court. Case cont'd to Judge Spiegel for further proceedings.Arraignment as to Steven E Warshak (1) Count 1,2-13,14,15,16-22,23,24-26,27,28,29,30-31,32-98,102-106,108,109,110s,112 held on 9/28/2006, Initial Appearance as to Steven E Warshak held on 9/28/2006, Plea entered by Steven E Warshak (1) Count 1,2-13,14,15,16-22,23,24-26,27,28,29,30-31,32-98,102-106,108,109,110s,112 by Steven E Warshak Not Guilty to all counts. (Court Reporter Julie Wolfer, Official Reporter.) (art, ) (Entered: 09/29/2006)
09/28/200618 NO AMOUNT OR Bond Entered as to Steven E Warshak. (art, ) (Entered: 09/29/2006)
09/28/200619 Minute Entry: Case called this date for an initial appearance and arraignment on indictment as to Harriet Warshak before Magistrate Judge Timothy S Hogan. Defendant present w/counsel and was informed her rights and the charges against her. Defendant plead Not Guilty to all counts of the indictment. Defendant released on a No Amount OR bond. Case cont'd to Judge Spiegel for further proceedings.Arraignment as to Harriet Warshak (2) Count 1,27,28,30-31,99-101,107 held on 9/28/2006, Initial Appearance as to Harriet Warshak held on 9/28/2006, Plea entered by Harriet Warshak (2) Count 1,27,28,30-31,99-101,107 by Harriet Warshak Not Guilty to all Counts. (Court Reporter Julie Wolfer, Official Reporter.) (art, ) (Entered: 09/29/2006)
09/28/200620 NO AMOUNT OR Bond Entered as to Harriet Warshak. (art, ) Additional attachment(s) added on 10/10/2006 (art, ). (Entered: 09/29/2006)
09/28/200621 Minute Entry: Case called this date for an initial appearance and arraignment on indictment as to Paul Kellogg before Magistrate Judge Timothy S Hogan. Defendant present w/counsel and was informed of his rights and the charges against him. Defendant plead Not Guilty to all counts of the indictment. No Amount OR bond set. Case cont'd to Judge Spiegel for further proceedings. Arraignment as to Paul J. Kellogg (3) Count 14,30-31,96s-97s,109,110,111,112 held on 9/28/2006, Initial Appearance as to Paul J. Kellogg held on 9/28/2006, Plea entered by Paul J. Kellogg (3) Count 14,30-31,96s-97s,109,110,111,112 by Paul J. Kellogg Not Guilty to all counts. (Court Reporter Julie Wolfer, Official Reporter.) (art, ) (Entered: 09/29/2006)
09/28/200622 Minute Entry: Case called this date for an initial appearance and arraignment on indictment as to Charles W Clarke, Jr. before Magistrate Judge Timothy S Hogan. Defendant present w/counsel and was informed of his rights and the charges against him. Defendant plead Not Guilty to all counts of the Indictment. No Amount OR bond set. Case cont'd to Judge Spiegel for further proceedings.Arraignment as to Charles W Clarke Jr. (4) Count 1 held on 9/28/2006, Initial Appearance as to Charles W Clarke, Jr held on 9/28/2006, Plea entered by Charles W Clarke Jr. (4) Count 1 by Charles W Clarke, Jr Not Guilty to all counts. (Court Reporter Julie Wolfer, Official Reporter.) (art, ) (Entered: 09/29/2006)
09/28/200623 NO AMOUNT OR Bond Entered as to Charles W Clarke, Jr. (art, ) (Entered: 09/29/2006)
09/28/200624 Minute Entry: Case called this date for an initial appearance and arraignment on indictment as to Steven P. Pugh before Magistrate Judge Timothy S Hogan. Defendant present w/counsel and was informed of his rights and the charges against him. Defendant plead Not Guilty to all counts of the indictment. No Amount OR bond w/conditions set by the Court. Case cont'd to Judge Spiegel for further proceedings.Arraignment as to Steven P. Pugh (5) Count 109,110,111 held on 9/28/2006, Initial Appearance as to Steven P. Pugh held on 9/28/2006, Plea entered by Steven P. Pugh (5) Count 109,110,111 by Steven P. Pugh Not Guilty to all counts. (Court Reporter Julie Wolfer, Official Reporter.) (art, ) (Entered: 09/29/2006)
09/28/200625 NO AMOUNT OR Bond Entered as to Steven P. Pugh. (art, ) (Entered: 09/29/2006)
09/28/200626 Minute Entry: Case called this date for an initial appearance and arraignment on indictment as to Amar D. Chavan before Magistrate Judge Timothy S Hogan. Defendant present w/counsel and was informed of his rights and the charges against him. Defendant plead Not Guilty to all counts of the indictment. No Amount OR bond w/condition that defendant surrender passport. Case cont'd to Judge Spiegel for further proceedings.Arraignment as to Amar D. Chavan (6) Count 1,29 held on 9/28/2006, Initial Appearance as to Amar D. Chavan held on 9/28/2006, Plea entered by Amar D. Chavan (6) Count 1,29 by Amar D. Chavan Not Guilty to all counts. (Court Reporter Julie Wolfer, Official Reporter.) (art, ) (Entered: 09/29/2006)
09/28/200627 NO AMOUNT OR Bond Entered as to Amar D. Chavan. (art, ) (Entered: 09/29/2006)
09/28/200628 Minute Entry: Case called this date for an initial appearance and arraignment on indictment as to TCI Media, Inc. before Magistrate Judge Timothy S. Hogan. Defendant present w/counsel and informed of its rights and the charges against it. Defendant plead Not Guilty to all counts of the indictment. Case cont'd to Judge Spiegel for further proceedings.Arraignment as to TCI Media, Inc. (7) Count 57-58,60-73,79,83,91-93 held on 9/28/2006, Initial Appearance as to TCI Media, Inc. held on 9/28/2006, Plea entered by TCI Media, Inc. (7) Count 57-58,60-73,79,83,91-93 by TCI Media, Inc. Not Guilty to all counts. (Court Reporter Julie Wolfer, Official Reporter.) (art, ) (Entered: 09/29/2006)
09/28/200629 Minute Entry: Case called this date for an initial appearance and arraignment on indictment as to Berleley Premium Nutraceuticals, Inc. before Magistrate Judge Timothy S Hogan. Defendant present w/counsel and was informed of its rights and the charges against it. Defendant plead Not Guilty to all counts of the indictment. Case cont'd to Judge Spiegel for further proceedings.Arraignment as to Berkeley Premium Nutraceuticals, Inc. (8) Count 1,2-13,29,110 held on 9/28/2006, Initial Appearance as to Berkeley Premium Nutraceuticals, Inc. held on 9/28/2006, Plea entered by Berkeley Premium Nutraceuticals, Inc. (8) Count 1,2-13,29,110 by Berkeley Premium Nutraceuticals, Inc. Not Guilty to all counts. (Court Reporter Julie Wolfer, Official Reporter.) (art, ) (Entered: 09/29/2006)
09/29/2006  Attorney update in case as to Steven E Warshak. Attorney Martin G. Weinberg for Steven E Warshak added. (eh1, ) (Entered: 09/29/2006)
10/02/200630 RESPONSE in Opposition by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 11 MOTION for Reconsideration Order Transferring Case, 9 MOTION for Reconsideration, 8 MOTION for Reconsideration, 12 MOTION for Reconsideration of Order Transferring Case, 10 MOTION for Reconsideration Order Transferring Case (Porter, Anne) (Entered: 10/02/2006)
10/02/200631 NOTICE OF HEARING as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Final Pretrial Conference set for 10/17/2006 04:00 PM in chambers before S Arthur Spiegel. (km, ) (Entered: 10/02/2006)
10/03/200632 NOTICE OF ATTORNEY APPEARANCE: Dennis Alan Lieberman appearing for Harriet Warshak (Lieberman, Dennis) (Entered: 10/03/2006)
10/04/200633 NOTATION ORDER granting 14 Motion for Leave to Appear Pro Hac Vice by Attorney Martin G. Weinberg as to Steven E Warshak (1). Signed by Judge S Arthur Spiegel on 10/3/2006. (km, ) (Entered: 10/04/2006)
10/04/200634 NOTICE OF ATTORNEY APPEARANCE: Bruce Bingham Whitman appearing for Amar D. Chavan (Whitman, Bruce) (Entered: 10/04/2006)
10/04/200635 REPLY TO RESPONSE to Motion re 8 10 11 MOTION to Reconsider Order Transferring Case by Steven E Warshak, Charles W Clarke, Jr, Steven P. Pugh, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc (Attachments: # 1 Exhibit 1)(Weinberg, Martin) Docket Text Modified on 10/16/2006 (km, ). (Entered: 10/04/2006)
10/05/200636  MOTION to Inspect Grand Jury Selection Records by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Pinales, Martin) (Entered: 10/05/2006)
10/05/200637 REPLY TO RESPONSE to Motion by Paul J. Kellogg re 9 MOTION for Reconsideration (Fleisher, James) Docket Text Modified on 10/13/2006 (km, ). (Entered: 10/05/2006)
10/06/200638  MOTION to Inspect Grand Jury Selection Records Pursuant to the Jury Selection and Service Act by Paul J. Kellogg. (Fleisher, James) (Entered: 10/06/2006)
10/10/200639 NO AMOUNT OR Bond Entered as to Paul J. Kellogg. (art, ) (Entered: 10/10/2006)
10/12/200640  MOTION to Inspect Grand Jury Selection Records by Harriet Warshak. (Lieberman, Dennis) (Entered: 10/12/2006)
10/17/200641  MOTION TO WAIVE SPEEDY TRIAL PROVISIONS AND DECLARE THIS ACTION COMPLEX by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Pinales, Martin) (Entered: 10/17/2006)
10/17/2006  Minute Entry for proceedings held before Judge S Arthur Spiegel:Pretrial Conference as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 10/17/2006 (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 10/18/2006)
10/18/200642 RESPONSE in Opposition by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 38 MOTION to Inspect Grand Jury Selection Records Pursuant to the Jury Selection and Service Act, 36 MOTION to Inspect Grand Jury Selection Records, 40 MOTION to Inspect Grand Jury Selection Records (Attachments: # 1 Supplement United States v. Gotti, 2004 U.S. Dist. LEXIS 45, 35-36 (S.D.N.Y. 2004).)(Porter, Anne) (Entered: 10/18/2006)
10/19/200643 OPINION AND ORDER granting 41 Motion to Waive Speedy Trial Provisions and Declare This Action Complex. The Court further grants Defendants' oral request to extend the motion deadline until 2/1/2007. The Court sets a Status Conference for 2/1/2007 at 01:00 PM. Signed by Judge S Arthur Spiegel on 10/19/2006. (km1, ) (Entered: 10/19/2006)
10/19/2006  Set Hearings as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Status Conference set for 2/1/2007 01:00 PM in chambers before S Arthur Spiegel. (km1, ) (Entered: 10/19/2006)
10/20/200644 WAIVER of Speedy Trial by Steven E Warshak, Charles W Clarke, Jr, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Pinales, Martin) (Entered: 10/20/2006)
10/20/200645 WAIVER of Speedy Trial by Paul J. Kellogg (Greer, David) (Entered: 10/20/2006)
10/23/200646 NOTICE OF HEARING as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Status Conference set for 2/1/2007 01:00 PM in chambers before S Arthur Spiegel. (km, ) (Entered: 10/23/2006)
10/24/200647 REPLY TO RESPONSE to Motion by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 36 MOTION to Inspect GRAND JURY SELECTION RECORDS (Pinales, Martin) (Entered: 10/24/2006)
11/02/200648 OPINION AND ORDER denying 8 9 10 11 12 Motions for Reconsideration of Order Transferring Case as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8), and denies Defendants' Request for an Order Transferring Case back to the Honorable Susan J. Dlott 13 . Signed by Judge S Arthur Spiegel on 11/2/2006. (km1, ) (Entered: 11/02/2006)
11/03/200649  MOTION Under Rule 16(d) for an Order Limiting Discovery Provided to Organizational Defendant by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Porter, Anne) Modified docket text on 11/6/2006 (eh1, ). (Entered: 11/03/2006)
11/08/200650 NOTICE OF HEARING ON MOTION in case as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 36 38 40 MOTION to Inspect Grand Jury Selection Records: Motion Hearing set for 11/22/2006 11:00 AM in Courtroom 842 before S Arthur Spiegel. (km, ) (Entered: 11/08/2006)
11/08/200651 PETITION AND ORDER FOR ACTION ON CONDITIONS OF PRETRIAL RELEASE as to Steven P. Pugh re positive urinalysis screens on 10/2/2006, 10/19/2006 and 10/30/2006. The Court concurs with the recommendations of Pretrial Services and Orders that no action be taken against the Defendant. Signed by Judge S Arthur Spiegel on 11/8/2006. (km, ) (Entered: 11/08/2006)
11/13/200652 RESPONSE in Opposition by Berkeley Premium Nutraceuticals, Inc. re 49 MOTION for Discovery [Motion Under Rule 16(d) for an Order Limiting Discovery Provided to Organizational Defendant] (Pinales, Martin) (Entered: 11/13/2006)
11/14/200653 NOTICE OF HEARING ON MOTION in case as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 36 38 40 MOTIONS to Inspect Grand Jury Selection Records: Motion Hearing RESET for 12/7/2006 03:00 PM in Courtroom 842 before S Arthur Spiegel. (km, ) (Entered: 11/14/2006)
11/17/200654 NOTICE OF ATTORNEY APPEARANCE Karl Paul Kadon, III appearing for USA. (Kadon, Karl) (Entered: 11/17/2006)
11/30/200655 REPLY TO RESPONSE to Motion by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 49 MOTION for Discovery [Motion Under Rule 16(d) for an Order Limiting Discovery Provided to Organizational Defendant] (Porter, Anne) (Entered: 11/30/2006)
12/05/200656 OPINION AND ORDER denying 49 Motion for an Order Limiting Discovery Provided to Organizational Defendantas to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). The Court orders the government to produce to Berkeley the substance of any relevant statements of those persons who have entered pleas in this matter, who could bind Berkeley by such statements. Signed by Judge S Arthur Spiegel on 12/5/2006. (km1, ) (Entered: 12/05/2006)
12/06/200657 STIPULATION re 36 38 40 MOTIONS to Inspect Grand Jury Selection Records as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Text of Proposed Order Regarding Defendants' Inspection of Grand Jury Selection Records)(Porter, Anne) Docket Text Modified on 12/7/2006 (km, ). (Entered: 12/06/2006)
12/07/200658 ORDER granting 36 38 40 Motions to Inspect Grand Jury Selection Records, pursuant to the Stipulation filed by the parties 57 . It is hereby Ordered that the defendants may inspect grand jury selection records maintained by the district court's jury administrator as set forth in the Stipulation between the parties. Signed by Judge S Arthur Spiegel on 12/7/2006. (km, ) (Entered: 12/07/2006)
12/07/200659 NOTICE as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc: VACATING the Hearing re 36 38 40 Motions to Inspect Grand Jury Selection Records set for 12/7/2006 03:00 PM, pursuant to the Stipulation filed by the parties 57 and this Court's Order 59 . (km, ) (Entered: 12/07/2006)
12/12/200664 MOTION for Discovery of Whether Prior Interceptions, Searches, Seizures, or 18 U.S.C. 2703 Subpoenas and Orders Occurred and Incorporated Memorandum or Law by Steven E Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) Modified docket text on 12/13/2006 (eh1, ). (Entered: 12/12/2006)
12/20/200665[RECAP] RESPONSE in Opposition by USA as to Steven E Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 64 MOTION for Discovery of Whether Prior Interceptions, Searches, Seizures, or 18 U.S.C. 2703 Subpoenas and Orders Occurred. (Attachments: # 1 Attachment 1# 2 Attachment 2# 3 Attachment 3)(Porter, Anne) Docket Text Modified on 12/20/2006 (km, ). (Entered: 12/20/2006)
12/21/200666 REPLY TO RESPONSE to Motion by Steven E Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 64 MOTION for Discovery (Weinberg, Martin) Modified docket text on 12/22/2006 (eh1, ). (Entered: 12/21/2006)
01/10/200767 Unopposed MOTION to Travel by Steven P. Pugh. (Faller, Raymond) (Entered: 01/10/2007)
01/12/200768 NOTATION ORDER granting 67 Unopposed Motion to Travel as to Steven P. Pugh (5). Signed by Judge S Arthur Spiegel on 1/11/2007. (km1, ) (Entered: 01/12/2007)
01/12/200769 NOTICE OF HEARING as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Status Conference RESET for 2/28/2007 02:00 PM in chambers before S Arthur Spiegel. (km1, ) (Entered: 01/12/2007)
02/16/200770 NOTICE of Ex Parte Submission of Summary of Berkeley Witness Interviews as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 56 Order on Motion for Discovery,, (Porter, Anne) (Entered: 02/16/2007)
02/23/200771 Response in Opposition re 70 to Government's Notice of Ex Parte Submission as to Berkeley Premium Nutraceuticals, Inc. (Pinales, Martin) Modified docket text on 2/26/2007 (eh1, ). (Entered: 02/23/2007)
02/27/200772 STATUS REPORT Joint Status Report by Steven E Warshak, USA, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Weinberg, Martin) (Entered: 02/27/2007)
02/27/200773 OPINION AND ORDER denying 64 Motion for Discovery of Whether Prior Interceptions, Searches, Seizures, or 18 U.S.C. 2703 Subpoenas and Orders Occurred as to Steven E Warshak (1), Paul J. Kellogg (3), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). The Court grants in part the Government's request that its Ex Parte Submission of Summary of Berkeley Witness Interviews remain under seal 70 , but ORDERS the government to file a memorandum before 3/27/2007 providing justification as to why the testimony of each witness in the Summary of Berkeley Witness Interviews shouls remain under seal. Signed by Judge S Arthur Spiegel on 2/27/2007. (km1, ) (Entered: 02/27/2007)
03/01/200774 ORDER as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. Status Conference set for 7/10/2007 10:00 AM. At such conference, the Court intends to set a trial schedule in this matter. Signed by Judge S Arthur Spiegel on 3/1/2007. (km1, ) (Entered: 03/01/2007)
03/02/200775 NOTICE OF HEARING as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Status Conference set for 7/10/2007 10:00 AM in chambers before S Arthur Spiegel. (km1, ) (Entered: 03/02/2007)
03/08/200776  MOTION for Reconsideration re 64 MOTION for Discovery filed by Steven E Warshak, Defendant's Motion to Reconsider Denial of Motion for Notice of Government Search or Seizures by Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) (Entered: 03/08/2007)
03/08/2007  [FORMER DOC. 77] NOTICE of Appeal as to Steven E Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 73 Order on Motion for Discovery,, (Weinberg, Martin) Modified to remove the pdf on 3/9/2007 (eh1, ). (Entered: 03/08/2007)
03/09/2007  Notice of Correction re: FORMER DOC. 77 Notice of Appeal removed by clerk because it was filed using the event "Notice (Other)." Clerk removed the pdf and advised counsel to use correct event "Notice of Appeal." Counsel to refile. (eh1, ) (Entered: 03/09/2007)
03/09/200777 NOTICE OF APPEAL (Interlocutory) by Steven E Warshak as to Steven E Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 73 Order on Motion for Discovery,,. Filing fee $ 455. (Weinberg, Martin) (Entered: 03/09/2007)
03/12/200778 MOTION for Leave to Appear Pro Hac Vice Attorney: Robert M. Goldstein by Steven E Warshak. (Attachments: # 1 Certificate of Good Standing# 2 Text of Proposed Order)(Pinales, Martin) Additional attachment # 3 Filing Fee Receipt added on 3/26/2007 (eh1, ). Additional attachment(s) added on 3/28/2007 (eh, ). (Entered: 03/12/2007)
03/13/2007  Attorney update in case as to Steven E Warshak. Attorney Robert M. Goldstein for Steven E Warshak added. (scot1, ) (Entered: 03/13/2007)
03/13/200779 ORDER granting 78 Motion for Leave to Appear Pro Hac Vice for Attorney Robert M. Goldstein as to Steven E Warshak (1), conditioned upon the applicant's registration and participation in the Court's electronic filing system. Signed by Judge S Arthur Spiegel on 3/13/2007. (km1, ) (Entered: 03/13/2007)
03/14/200780 Emergency MOTION to Travel by Amar D. Chavan. (Whitman, Bruce) (Entered: 03/14/2007)
03/16/200781 SUPPLEMENTAL MEMORANDUM RE 80 MOTION to Travel by Amar D. Chavan. (Attachments: # 1 Exhibit Medical Report(Whitman, Bruce) Docket Text Modified on 3/16/2007 (km1, ). (Entered: 03/16/2007)
03/16/200782 RESPONSE in Opposition by USA as to Amar D. Chavan re 81 Emergency MOTION to Travel, 80 Emergency MOTION to Travel (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Porter, Anne) (Entered: 03/16/2007)
03/16/2007  Minute Entry for proceedings held before Judge S Arthur Spiegel:Motion Hearing as to Amar D. Chavan held on 3/16/2007 re 80 Emergency MOTION to Travel filed by Amar D. Chavan. Defendant present with counsel. Arguments heard. The Court Orders in open Court that the motion is denied. Written Order to follow. (Court Reporter Mary Ann Ranz (Official).) (km1, ) (Entered: 03/16/2007)
03/19/2007  USCA Appeal Fees received $ 455, receipt number 433667 as to Steven E Warshak re 77 Notice of Appeal - Interlocutory: (mvl, ) (Entered: 04/06/2007)
03/20/200783 OPINION AND ORDER denying 80 Emergency Motion to Travel as to Amar D. Chavan (6). Signed by Judge S Arthur Spiegel on 3/20/2007. (km1, ) (Entered: 03/20/2007)
03/22/200784  MOTION for Protective Order and Statement of the United States Regarding Ex Parte Submission by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Porter, Anne) Modified docket text on 3/23/2007 (eh1, ). (Entered: 03/22/2007)
03/23/200785 RESPONSE in Opposition by Steven E Warshak as to Steven E Warshak, Paul J. Kellogg re 84 MOTION for Protective Order [Statement of the United States Regarding Ex Parte Submission and Motion for Protective Order] (Attachments: # 1 Exhibit 1)(Weinberg, Martin) (Entered: 03/23/2007)
03/23/200786 RESPONSE in Opposition by Berkeley Premium Nutraceuticals, Inc. re 84 MOTION for Protective Order [Statement of the United States Regarding Ex Parte Submission and Motion for Protective Order] (Pinales, Martin) (Entered: 03/23/2007)
03/23/200787 Emergency MOTION for Relief with Respect to "Taint Team" Procedures by Steven E Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit 1)(Weinberg, Martin) Modified docket text on 3/26/2007 (eh1, ). (Entered: 03/23/2007)
03/26/2007  $200.00 Filing Fee Received re 78 MOTION for Leave to Appear Pro Hac Vice of Robert M. Goldstein. (eh1, ) (Entered: 03/26/2007)
03/28/2007  USCA Case Number as to Steven E Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. 07-3302 for 77 Notice of Appeal - Interlocutory filed by Steven E Warshak,. (scot1, ) (Entered: 03/28/2007)
03/28/200788  MOTION for Disclosure Of All E-Mails in the Possession of the Government Which Were Authored By Them and Which Have Not Previously Been Disclosed and Incorporated Memorandum of Law by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) (Entered: 03/28/2007)
03/28/200789 RESPONSE in Opposition by USA as to Harriet Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc. re 87 MOTION (Porter, Anne) (Entered: 03/28/2007)
03/29/200790 REPLY TO RESPONSE to Motion by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 84 MOTION for Protective Order [Statement of the United States Regarding Ex Parte Submission and Motion for Protective Order] [Reply to Defendants' Opposition to United States' Motion for Protective Order] (Porter, Anne) (Entered: 03/29/2007)
03/29/200791 REPLY TO RESPONSE to Motion by Steven E Warshak as to Steven E Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc. re 87 MOTION Defendant's Reply to Response of the United States to Defendants' Emergency Motion Regarding "Taint Team" Procedures (Weinberg, Martin) (Entered: 03/29/2007)
03/30/200792 RESPONSE in Opposition by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 76 MOTION for Reconsideration (Porter, Anne) (Entered: 03/30/2007)
04/03/200793 REPLY TO RESPONSE to Motion re 76 MOTION for Reconsideration by Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Weinberg, Martin) Modified docket text on 4/4/2007 (eh1, ). (Entered: 04/03/2007)
04/04/200794 OPINION AND ORDER granting 84 Motion for Protective Order as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). The Court ENDORSES the Government's Proposed Protective Order, DIRECTS the Clerk to enter such Order on the Court's docket, and PERMITS the government to withhold disclosure of the witness interview report attached to its motion. Signed by Judge S Arthur Spiegel on 4/4/2007. (km1, ) (Entered: 04/04/2007)
04/04/200795 PROTECTIVE ORDER - Upon motion of the United States and for good cause appearing pursuant to Fed.R.Crim.P. 16(d)(1), it is hereby ORDERED that the procedures set forth in this order be followed by any investigator or other person acting on behalf of any of the defendants herein with respect to the contact with the current or former Berkeley employees whos previous statements to government investigators have been disclosed herein pursuant to discovery under Rule 16(a)(1)(C): (1) that any such contact shall be during normal business hours and not before 8:00 am nor after 6:00 pm, unless the witness agrees to be contacted at other times; (2) that prior to asking any questions, the investigator or other person contacting the witness shall provide the following information to the witness: (a) his or her identification, that is, credentials, a business card, or a letter or other documentation showing the affiliation with a particular defendant for the purpose of clearly identifying himself or herself to the witness, including to explaint that he or she is acting on behalf of one of the defendants charged in criminal case herein, and including which defendant he or she is acting on behalf of: (b) that the witness is not required to answer any questions and may decline to do so; and (c) that if the witness agrees to be interviewed, the witness may at any point stop the interview. Signed by Judge S Arthur Spiegel on 4/3/2007. (km1, ) Docket Text Modified on 4/5/2007 (km1, ). (Entered: 04/04/2007)
04/10/200796 OPINION AND ORDER granting 87 Motion for Relief with Respect to "Taint Team" Procedures as to Steven E Warshak (1), Paul J. Kellogg (3), Berkeley Premium Nutraceuticals, Inc. (8) to the extent that it ORDERS the government to provide Defendants with copies, if not previously produced, of all documents or communications of any discription, including emails or other electronic communications, which have been provided, or which are in the future provided, to the government "taint team" for its review, or which have otherwise been screened for attorney-client communications. Should the government have already produced all such materials, it is not harmed by simply declaring that it has done so. Signed by Judge S Arthur Spiegel on 4/10/2007. (km1, ) (Entered: 04/10/2007)
04/10/200797 OPINION AND ORDER denying 76 Motion for Reconsideration re 73 Order on Motion for Discovery of Whether Prior Interceptions, Searches, Seizures, or 18 U.S.C. 2703 Subpoenas and Orders Occurred as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 4/10/2007. (km1, ) (Entered: 04/10/2007)
04/11/200798 NOTICE OF APPEAL (Interlocutory) by Steven E Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 97 Order on Motion for Reconsideration,. Filing fee $ 455. (Weinberg, Martin) (Entered: 04/11/2007)
04/17/200799 RESPONSE in Opposition by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 88 MOTION for Disclosure Of All E-Mails in the Possession of the Government Which Were Authored By Them and Which Have Not Previously Been Disclosed and Incorporated Memorandum of Law (Porter, Anne) (Entered: 04/17/2007)
04/18/2007100 REPLY TO RESPONSE to Motion by Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, Berkeley Premium Nutraceuticals, Inc. re 88 MOTION for Disclosure Of All E-Mails in the Possession of the Government Which Were Authored By Them and Which Have Not Previously Been Disclosed and Incorporated Memorandum of Law (Weinberg, Martin) (Entered: 04/18/2007)
04/24/2007103 NOTICE OF HEARING ON MOTION in case as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 88 MOTION for Disclosure Of All E-Mails in the Possession of the Government Which Were Authored By Them and Which Have Not Previously Been Disclosed: Motion Hearing set for 5/31/2007 10:00 AM in Courtroom #4 Room 842 before S Arthur Spiegel. (km1, ) (Entered: 04/24/2007)
05/18/2007104 SUPPLEMENT re 88 MOTION for Disclosure of All Emails in Anticipation of May 31, 2007 Hearing by Steven E Warshak as to Steven E Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3 Part I# 4 Exhibit 3 Part II# 5 Exhibit 4) (Weinberg, Martin) Modified docket text on 5/21/2007 (eh1, ). (Entered: 05/18/2007)
05/18/2007105 First MOTION for Discovery by Steven E Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit # 2 Exhibit) (Pinales, Martin) (Entered: 05/18/2007)
05/21/2007106  MOTION for Return of Property/PreTrial by Amar D. Chavan. (Whitman, Bruce) (Entered: 05/21/2007)
05/23/2007107 ORDER granting 106 Motion for Temporary Use of Passport by Counsel as to Amar D. Chavan (6). Accordingly, the Clerk is hereby DIRECTED to release Defendant's passport to attorney Bruce B. Whitman, trial counsel for the Defendant, for the limited purpose of assisting Defendant Amar Chavan in obtaining a duplicate Ohio driver's license. The passport shall remain in the custody of trial counsel at all times. Trial counsel shall accompany the Defendant to the Deputy Registrar's Office to obtain the duplicate driver's license. Upon the Defendant obtaining the duplicate driver's license, trial counsel shall promptly return the passport to the custody of the Clerk of this Court.Signed by Judge S Arthur Spiegel on 5/22/2007. (km1, ) (Entered: 05/23/2007)
05/23/2007108 RESPONSE to Motion by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 104 MOTION (Porter, Anne) (Entered: 05/23/2007)
06/07/2007109 RESPONSE in Opposition by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 105 First MOTION for Discovery (Porter, Anne) (Entered: 06/07/2007)
06/07/2007110 ORDER of USCA (certified copy) as to Steven E Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 77 Notice of Appeal - Interlocutory sua sponte dismissing the appeal (scot1, ) (Entered: 06/07/2007)
06/18/2007111 REPLY TO RESPONSE to Motion by Steven E Warshak as to Steven E Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc. re 105 First MOTION for Discovery Defendant's Reply to Response of the United States to Defendants' First Discovery Motion Regarding Brady (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F) (Weinberg, Martin) (Entered: 06/18/2007)
07/02/2007112  MOTION for Rule 16 Discovery and Discovery in Aid of Motion to Dismiss and Incorporated Memorandum of Law as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, and Berkeley Premium Nutraceuticals, Inc.. Defendants Request a Hearing on the Within Motion (Weinberg, Martin) Modified on 7/5/2007 - To modify docket text (tt1, ). (Entered: 07/02/2007)
07/02/2007113  MOTION to File Under Seal Their UNREDACTED Motion for Rule 16 Discovery and Discovery in Aid of Motion to Dismiss and Incorporated Memorandum of Law and the Accompanying Volume of Exhibits by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., and Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) Modified on 7/5/2007 - To modify docket text (tt1, ). (Entered: 07/02/2007)
07/03/2007114 Joint MOTION to Bar Government From Using The Evidence Obtained in Violation of the Defendants' Attorney-Client and Work Product Privileges AND To Dismiss The Indictment Since Privileged Material Was Used to Secure It by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Part II# 2 Part III# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5A# 8 Exhibit 5B# 9 Exhibit 6# 10 Exhibit 7A# 11 Exhibit 7B# 12 Exhibit 8# 13 Exhibit 9# 14 Exhibit 10# 15 Exhibit 11# 16 Exhibit 12# 17 CHART) (Weinberg, Martin) Docket Text Modified on 7/5/2007 (km1, ). Modified on 7/5/2007 (tt1, ). (Entered: 07/03/2007)
07/03/2007115 Sealed Document/Affidavit in Support of Motion for Discovery in Aid of Motion to Dismiss 112 . (tt1, ) (Entered: 07/05/2007)
07/05/2007116 Amended JOINT MOTION 114 to Bar the Government From Using The Evidence Obtained in Violation of the Defendants' Attorney-Client and Work Product Privileges And To Dismiss The Indictment Since Privileged Material Was Used To Secure It by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., and Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Brief) (Weinberg, Martin) Modified on 7/5/2007 - To modify docket text (tt1, ). (Entered: 07/05/2007)
07/05/2007117 ORDER granting 113 Motion to File Under Seal Their Motion for Rule 16 Discovery and Discovery in Aid of Motion to Dismiss and Incorporated Memorandum of Law and the Accompanying Volume of Exhibits as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 7/5/2007. (km1, ) (Entered: 07/05/2007)
07/05/2007118 (UNREDACTED VERSION OF DOC. 112) SEALED MOTION for Rule 16 Discovery and Discovery in Aid of Motion to Dismiss by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibits A-Z# 2 Exhibits AA-HHH) (eh1, ) Modified Docket Text on 7/6/2007 (km1, ). (Entered: 07/05/2007)
07/06/2007  Notice of Correction as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re: 112 MOTION for Rule 16 Discovery and Discovery in Aid of Motion to Dismiss. This document is a redacted version of the motion filed under seal pursuant to Court Order 118 . As this motion is considered duplicative upon the Court's docket, the motion 112 has been terminated. All briefs filed in response to the motion should be properly linked to the sealed motion 118 . (km, ) (Entered: 07/06/2007)
07/09/2007119 STATUS REPORT Defendants' Interim Taint Review Report by Steven E Warshak, Paul J. Kellogg as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Fleisher, James) (Entered: 07/09/2007)
07/10/2007120 RESPONSE IN OPPOSITION re 118 Motion for Rule 16 Discovery and Discovery in Aid of Motion to Dismiss filed by Plaintiff. (mtw1, ) Modified Docket Text on 7/10/2007 (km1, ). (Entered: 07/10/2007)
07/10/2007121  MOTION File Under Seal and for Ex Parte in Camera Inspection by Steven E Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc.. (Fleisher, James) (Entered: 07/10/2007)
07/10/2007122 ORDER finding as moot 88 Motion for Disclosure of All E-Mails In the Possession of the Government Which Were Authoried By Them and Which Have Not Previously Been Disclosed as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7). On or about 5/25/2007 the Court was advised by counsel for Defendants that, after further review, the motion was determined to be moot, as the United States had provided all available e-mail evidence requested up to that point in time. Defendants further requested that the hearing scheduled for 5/31/2007 be vacated. Signed by Judge S Arthur Spiegel on 7/10/2007. (km1, ) (Entered: 07/10/2007)
07/10/2007  Minute Entry for proceedings held before Judge S Arthur Spiegel:Status Conference as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 7/10/2007. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 07/10/2007)
07/11/2007123 ORDER as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. Pursuant to the status conference held 7/10/2007, the Court Orders the government to file its responses to two of Defendants' Pending Motions 116 118 by 7/24/2007 and Defendants to file their respective Replies by 7/31/2007. The Court further sets this matter for a Final Pretrial Conference on 10/25/2007 02:30 PM and the one-month jury trial to commence 11/13/2007. Signed by Judge S Arthur Spiegel on 7/11/2007. (km1, ) (Entered: 07/11/2007)
07/11/2007124 NOTICE OF HEARING as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Final Pretrial Conference set for 10/25/2007 02:30 PM in chambers before Judge S Arthur Spiegel. One-month Jury Trial set for 11/13/2007 09:30 AM before Judge S Arthur Spiegel. (km1, ) (Entered: 07/11/2007)
07/18/2007125 TRANSCRIPT of Proceedings (Pretrial Conference) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 7/10/2007 before Judge S. Arthur Spiegel. Court Reporter: Jodie Perkins (Official).

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov. Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. (km1, ) (Entered: 07/18/2007)

07/23/2007127  MOTION to Correct Record/Order of 7/10/2007, Document Number 122 by Defendants. (Pinales, Martin) Modified on 7/24/2007 - To modify docket text (tt1, ). (Entered: 07/23/2007)
07/24/2007128 Sealed Document/Supplemental Response by USA as to Defendants Motion for Discovery in Aid of Motion to Dismiss 118 filed pursuant to Order of the Court. (tt1, ) (Entered: 07/24/2007)
07/24/2007129 RESPONSE in Opposition by USA as to 116 Defendants' Corrected Joint Motion to Bar the Government From Using The Evidence Obtained in Violation of Attorney-Client and Work Product Privileges And To Dismiss The Indictment Since Privileged Material was used to secure it. (Attachments: # 1 Exhibit A - Timeline# 2 Exhibit B - pie chart# 3 Exhibit C- Lab Request) (Porter, Anne) Modified on 7/25/2007 - To modify docket text (tt1, ). (Entered: 07/24/2007)
07/27/2007130 UNOPPOSED MOTION to Travel to Ocean Isle Beach, North Carolina from 9/1/07 - 9/8/07 by Steven P. Pugh. (Faller, Raymond) Modified on 7/31/2007 - To modify docket text (tt1, ). (Entered: 07/27/2007)
07/27/2007131 UNOPPOSED MOTION for Modification of pretrial releas by Steven P. Pugh. Defendant requests to be relieved of having to submit to periodic drug testing (Faller, Raymond) Modified on 7/31/2007 - To modify docket text (tt1, ). (Entered: 07/27/2007)
07/31/2007132 ORDER granting 130 Unopposed Motion to Travel to Ocean Isle Beach, North Carolina from 9/1/07 - 9/8/07 as to Steven P. Pugh (5). Signed by Judge S Arthur Spiegel on 7/31/2007. (km1, ) (Entered: 07/31/2007)
07/31/2007133 ORDER granting 131 Unopposed Motion for for Modification of Pretrial Release as to Steven P. Pugh (5). The Court hereby modifies the Appearance Bond executed on 9/28/2006 25 and RESCINDS the special condition of release that the Defendant submit to periodic drug testing as directed by Pretrial Services. Signed by Judge S Arthur Spiegel on 7/31/2007. (km1, ) (Entered: 07/31/2007)
07/31/2007134 Sealed Document/Sur-Reply in Support of Motion for Discovery in Aid of Motion to Dismiss 118 filed by Defendants pursuant to Order of the Court. (Attachments: # 1 Exhibits A - G) (tt1, ) Modified on 7/31/2007 (tt1, ). (Entered: 07/31/2007)
07/31/2007135 REPLY TO RESPONSE to 116 Corrected Joint Motion to Bar the Government From Using The Evidence Obtained in Violation of the Defendants' Attorney-Client and Work Product Privileges And To Dismiss The Indictment Since Privileged Material was used to secure it filed by Defendants (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C Part I# 4 Exhibit C Part II# 5 Exhibit C Part III# 6 Exhibit D PArt I# 7 Exhibit D Part II# 8 Exhibit D Part III# 9 Exhibit D Part IV# 10 Exhibit E# 11 Exhibit F) (Weinberg, Martin) Modified on 8/1/2007 - To modify docket text (tt1, ). (Entered: 07/31/2007)
08/01/2007136 Joint MOTION to Appoint Expert Forensic Computer by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 # 2 # 3 # 4 # 5) (Fleisher, James) (Entered: 08/01/2007)
08/03/2007137 NOTICE of Service of Subpoena upon Nancy Canupp by Defendant Steven E Warshak. (Pinales, Martin) Modified on 8/6/2007 - To modify docket text (tt1, ). (Entered: 08/03/2007)
08/03/2007138 NOTICE of Service of Subpoena upon Joseph Blanton by Defendant Steven E Warshak. (Pinales, Martin) Modified on 8/6/2007 - To modify docket text (tt1, ). (Entered: 08/03/2007)
08/03/2007139 SEPARATE REPLY TO RESPONSE to 116 Corrected Joint Motion to Bar the Government From Using The Evidence Obtained in Violation of the Defendants' Attorney-Client and Work Product Privileges And To Dismiss The Indictment Since Privileged Material Was Used To Secure It by Amar D. Chavan (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit) (Whitman, Bruce) Modified on 8/6/2007 - To modify docket text (tt1, ). (Entered: 08/03/2007)
08/07/2007140 ORDER granting 127 Motion to Correct Record/Order of 7/10/2007 122 . In order to clarify the record in this matter, the Court hereby CORRECTS and AMENDS this Court's Order of 7/10/2007 122 , which denied as moot Defendants' Motion for Disclosure of All E-Mails In The Possession of the Government Which Were Authored By Them and Which Have not Previously Been Disclosed 88 , to reflect that the Defendants advised the Court that a hearing was unnecessary because the government had represented to them that they provided all e-mail evidence in their possession to the Defendants. Signed by Judge S Arthur Spiegel on 8/7/2007. (km1, ) (Entered: 08/07/2007)
08/07/2007141 DEFENDANTS Omnibus Electronic Discovery Motion: Computer Materials, Data and Information. Parties request the Court to intervene to resolve electronic discovery disputes or to appoint a Special Master or Magistrate Judge. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit B cont'd # 4 Exhibit B cont'd # 5 Exhibit B cont'd # 6 Exhibit C # 7 Exhibit D # 8 Notable Cases # 9 Exhibit E # 10 Exhibit F) (Fleisher, James) Modified on 8/11/2007 - To modify docket text (tt1, ). (Entered: 08/07/2007)
08/07/2007142 ORDER re 139 SEPARATE REPLY TO RESPONSE to 116 Corrected Joint Motion to Bar the Government From Using The Evidence Obtained in Violation of the Defendants' Attorney-Client and Work Product Privileges And To Dismiss The Indictment Since Privileged Material Was Used To Secure It filed by Amar D. Chavan. Upon review, the Court notes that the pleading, in particular, the FBI Transcription, attached as Exhibit "4" to the reply, contains personal identifiers. The Clerk of Court is hereby DIRECTED to place the above referenced pleading UNDER SEAL. Counsel is directed to file a redacted version of the entire pleading forthwith. Signed by Judge S Arthur Spiegel on 8/7/2007. (km1, ) (Entered: 08/07/2007)
08/07/2007143  MOTION for Pretrial Subpoenas to Internet Service Providers Pursuant to Rule 17(c), Request for Expedited Resolution, and Incorporated Memorandum of Law by Steven E Warshak, Paul J. Kellogg, and Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Weinberg, Martin) Modified on 8/11/2007 - To modify docket text (tt1, ). (Entered: 08/07/2007)
08/08/2007144 DEFENDANTS MOTION FOR RULE 16 DISCOVERY by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., AND Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit 1 Part I# 2 Exhibit 1 Part II# 3 Exhibit 1 Part III# 4 Exhibit 1 Part IV# 5 Exhibit 1 Part V) (Weinberg, Martin) Modified on 8/11/2007 - To modify docket text (tt1, ). (Entered: 08/08/2007)
08/08/2007145 RESPONSE in Opposition by USA re 142 Separate and Supplemental Reply of Defendant Amar D Chavan re 116 Defendants' Corrected Joint Motion to Bar the Government From Using The Evidence Obtained in Violation of the Defendants' Attorney-Client and Work Product Privileges And To Dismiss The Indictment Since Privileged (Porter, Anne) Modified Docket Text on 8/8/2007 (km1, ). (Entered: 08/08/2007)
08/10/2007146 RESPONSE in Opposition by USA re 136 MOTION to Appoint a Forensic Compter Expert (Porter, Anne) Modified on 8/11/2007 - To modify docket text (tt1, ). (Entered: 08/10/2007)
08/13/2007  Notice of Correction re: 146 Response in Opposition to 136 Motion to Appoint Forensic Expert. At the request of counsel this document has been deleted from the docket and will be re-filed with missing exhibits. (km1, ) (Entered: 08/13/2007)
08/13/2007147 RESPONSE in Opposition by USA re 136 MOTION to Appoint Forensic Computer Expert (Attachments: # 1 Exhibit A# 2 Exhibit B) (Porter, Anne) Modified on 8/14/2007 - To modify docket text (tt1, ). (Entered: 08/13/2007)
08/13/2007148 Reply to Response to 136 Joint Motion for Appointment of a Forensic Computer Expert by Defendants. (Attachments: # 1 # 2 # 3) (Fleisher, James) Modified on 8/14/2007 - To modify docket text (tt1, ). (Entered: 08/13/2007)
08/14/2007149  MOTION to Seal Document (Exhibit B) for Ex Parte Review in Support of Reply Memorandum 148 by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Fleisher, James) Modified on 8/14/2007 - To modify docket text (tt1, ). (Entered: 08/14/2007)
08/14/2007150 ORDER granting 149 Motion to File Under Seal Exhibit B re 148 Reply to Response to 136 Joint Motion for Appointment of a Forensic Computer Expert. The exhibit shall be presented to the Clerk of Court for filing with the Court Under Seal. The Court shall review this exhibit ex parte, and orders that the exhibit shall not be available for review by the United States. Signed by Judge S Arthur Spiegel on 8/14/2007. (km1, ) (Entered: 08/14/2007)
08/15/2007151  MOTION to Continue Trial Date by Charles W Clarke, Jr. (Arenstein, Hal) (Entered: 08/15/2007)
08/16/2007153 RESPONSE in Opposition by USA as to Defendants' 141 Defendants' Omnibus Electronic Discovery Motion: Computer Materials, Data and Information, 143 MOTION for Pretrial Subpoenas to Internet Service Provider, and 144 MOTION FOR RULE 16 DISCOVERY (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) (Kadon, Karl) Modified on 8/26/2007 - To modify docket text (tt1, ). (Entered: 08/16/2007)
08/17/2007154  Response to Motion re 151 Motion to Continue Trial by Paul J. Kellogg. (Fleisher, James) Modified on 8/20/2007 (scot1, ). Modified Docket Text on 8/21/2007 (km1, ). (Entered: 08/17/2007)
08/17/2007155 RESPONSE to Motion by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Charles W Clarke, Jr, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 151 MOTION to Continue Trial Date (Pinales, Martin) (Entered: 08/17/2007)
08/17/2007156  Response to Motion re 151 Motion to Continue by Amar D. Chavan. (Whitman, Bruce) Modified docket text on 8/20/2007 (scot1, ). Modified Docket Text on 8/21/2007 (km1, ). (Entered: 08/17/2007)
08/21/2007157 OPINION AND ORDER granting in part 116 Corrected Joint Motion to Bar the Government from Using the Evidence Obtained in Violation of the Defendants' Attorney-Client and Work Product Privileges and to Dismiss the Indictment Since Privileged Material Was used to Secure It TO THE EXTENT that it SETS a Kastigar-like hearing to commence 9/27/2007 at 9:30 AM, to continue through Friday, September 28,2 007 if required; denying 118 (unredacted version 112 ) Sealed Motion for Rule 16 Discovery and Discovery in Aid of Motion to Dismiss. Signed by Judge S Arthur Spiegel on 8/21/2007. (km1, ) Modified Docket Text on 8/21/2007 (km1, ). (Entered: 08/21/2007)
08/21/2007158 NOTICE OF HEARING as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Kastigar-Like Hearing set for 9/27/2007 09:30 AM, Courtroom 842, before Judge S Arthur Spiegel. (km1, ) (Entered: 08/21/2007)
08/21/2007159 RESPONSE to Motion by USA as to Charles W Clarke, Jr re 151 MOTION to Continue Trial Date (Porter, Anne) (Entered: 08/21/2007)
08/22/2007160 REPLY TO RESPONSE to 144 Defendants MOTION for Rule 16 Discovery (Weinberg, Martin) Modified on 8/23/2007 - To modify docket text (tt1, ). (Entered: 08/22/2007)
08/23/2007161 RESPONSE UNOPPOSIN 151 MOTION to Continue Trial Date Steven P. Pugh (Faller, Raymond) Modified on 8/24/2007 (tt1, ). (Entered: 08/23/2007)
08/24/2007162  MOTION For Permission to Manually File Exhibits to Omnibus Motion by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Pinales, Martin) (Entered: 08/24/2007)
08/24/2007163 RESPONSE UNOPPOSING 151 Motion to Continue Trial filed by Harriet Warshak (Lieberman, Dennis) Modified Docket Text on 8/24/2007 (km1, ). (Entered: 08/24/2007)
08/28/2007164 NOTATION ORDER granting 162 Motion For Permission to Manually File Exhibits to Omnibus Motion as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 8/28/2007. (km1, ) (Entered: 08/28/2007)
08/29/2007165 OPINION AND ORDER denying 151 Motion to Continue Trial Date as to Charles W Clarke Jr. (4). Signed by Judge S Arthur Spiegel on 8/29/2007. (km1, ) (Entered: 08/29/2007)
08/29/2007166 NOTICE [Notice of 404(b) Evidence] as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Porter, Anne) (Entered: 08/29/2007)
08/29/2007167  MOTION to Sever Defendant and for a Separate Trial by Paul J. Kellogg. (Fleisher, James) (Entered: 08/29/2007)
08/29/2007168  MOTION in Limine [United States' Motion in Limine for a Determination that Records Qualify as Business Records under Federal Rule of Evidence 803(6)} by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B - FIFTH THIRD# 3 Exhibit C - US BANK# 4 Exhibit D - BANK OF KENTUCKY# 5 Exhibit E - HUNTINGTON# 6 Exhibit F - KEYBANK# 7 Exhibit G - BANK OF AMERICA# 8 Exhibit H - NATIONWIDE# 9 Exhibit I - FIRST COLONY LIFE# 10 Exhibit J - MIDLAND NATIONAL# 11 Exhibit K - UBS FINANCIAL# 12 Exhibit L - HARTFORD# 13 Exhibit M - ING USA# 14 Exhibit N - SMITH BARNEY# 15 Exhibit O - ING LIFE# 16 Exhibit P - DEUTSCHE ASSET# 17 Exhibit Q - MORGAN STANLEY) (Porter, Anne) (Entered: 08/29/2007)
08/29/2007169  MOTION to Inspect Jury Selection Records by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Jury Plan) (Pinales, Martin) (Entered: 08/29/2007)
08/29/2007170 First MOTION for Relief from Deadline to File Motions in Limine and Severance by Amar D. Chavan. (Whitman, Bruce) Modified Docket Text on 8/30/2007 (km1, ). (Entered: 08/29/2007)
08/29/2007171[RECAP]  MOTION To Suppress and To Dismiss Defendants' Omnibus Pretrial Motions and Supporting Memoranda by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1[RECAP] Part I# 2 Part II# 3 Part III) (Weinberg, Martin) (Entered: 08/29/2007)
08/30/2007172 NOTICE of Manually Filing Exhibits as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit Order Granting Permission to Manually File Exhibits to Omnibus Motion) (Pinales, Martin) (Entered: 08/30/2007)
08/31/2007173  MOTION to Withdraw as Attorney by Hal R. Arenstein. by Charles W Clarke, Jr. (Arenstein, Hal) (Entered: 08/31/2007)
08/31/2007174 NOTICE by Clerk: Defendants exhibits in support of 171[RECAP] MOTION to Dismiss and Suppress, consisting of two black binders, volumes one and two, have been received manually in the Clerk's office and placed in the Courtroom Deputy's chambers box. (tt1, ) (Entered: 08/31/2007)
09/04/2007175 NOTICE OF HEARING ON MOTION in case as to Charles W Clarke, Jr 173 MOTION to Withdraw as Attorney by Hal R. Arenstein: Motion Hearing set for 9/20/2007 09:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 09/04/2007)
09/04/2007176 Supplemental to MOTION to Withdraw 173 as Attorney And Second request for Continuance of Trial Date by Hal R Arenstein. by Charles W Clarke, Jr. (Arenstein, Hal) Modified on 9/4/2007 - To edit docket text and create hyperlink (tt1, ). (Entered: 09/04/2007)
09/04/2007177 NOTICE OF HEARING ON MOTION in case as to Charles W Clarke, Jr re 173 MOTION to Withdraw as Attorney by Hal R. Arenstein: Motion Hearing RESET for 9/12/2007 02:00 PM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 09/04/2007)
09/07/2007178 RESPONSE in Opposition by USA as to Amar D. Chavan re 170 First MOTION for Relief from Deadline to File Motions In Limine and Severance (Porter, Anne) (Entered: 09/07/2007)
09/10/2007179 REPLY TO RESPONSE to Motion by Amar D. Chavan re 170 First MOTION for Relief from Deadline to File Motions In Limine and Severance (Whitman, Bruce) (Entered: 09/10/2007)
09/13/2007180 OPINION AND ORDER denying 141 Defendants' Omnibus Motion for Electronic Discovery; denying 143 Defendants' Motion for Pretrial Subpoenas to Internet Service Providers Pursuant to Rule 17(c); denying 144 Defendants' Motion for Rule 16 Discovery; denying 170 Defendant Amar D Chavan's Motion for Relief from Deadline to File Motions in Limine and Severance. The Court further CLARIFIES that it has set no deadline for motions in limine, and that the government should produce all Brady materials one week prior to the trial in this matter. Signed by Judge S Arthur Spiegel on 9/12/2007. (km1, ) (Entered: 09/13/2007)
09/14/2007181 OPINION AND ORDER denying as moot 173 Motion to Withdraw as Trial Counsel as to Charles W Clarke Jr. (4); granting 176 Second Motion for Continuance of Trial Date. The Court VACATES the 10/25/2007 Final Pretrial Conference, VACATES the 11/13/2007 trial date, RESETS the Final Pretrial Conference for 12/4/2007 at 10:00 AM and RESETS the jury trial to commence 1/8/2008. Signed by Judge S Arthur Spiegel on 9/14/2007. (km1, ) (Entered: 09/14/2007)
09/14/2007182 NOTICE OF HEARING as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc: Final Pretrial Conference RESET for 12/4/2007 10:00 AM in chambers before Judge S Arthur Spiegel. One-month Jury Trial RESET for 1/8/2008 09:30 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 09/14/2007)
09/17/2007183  MOTION to Adjust Exhibit and Witness Deadline to New Trial Date by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Porter, Anne) (Entered: 09/17/2007)
09/19/2007184 JOINT RESPONSE in Opposition by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 183 MOTION to Adjust Exhibit and Witness Deadline to New Trial Date (Weinberg, Martin) Modified on 9/21/2007 - To edit docket text (tt1, ). (Entered: 09/19/2007)
09/20/2007185 REPLY TO RESPONSE to Motion by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 183 MOTION to Adjust Exhibit and Witness Deadline to New Trial Date (Porter, Anne) (Entered: 09/20/2007)
09/20/2007186 REPLY TO RESPONSE to Motion by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 183 MOTION Defendants' Surreply to Reply of the United States to Defendants' Joint Memorandum in Opposition to Government's Motion to Adjust Exhibit & Witness Deadline (Weinberg, Martin) (Entered: 09/20/2007)
09/20/2007187  MOTION for Leave to File Surreply by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) (Entered: 09/20/2007)
09/21/2007188  MOTION to Strike Defendants' Surreply 186 by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Porter, Anne) Modified on 9/24/2007 - To create hyperlink. (tt1, ). (Entered: 09/21/2007)
09/24/2007189 RESPONSE by USA re 169 MOTION to Inspect Grand Jury Selection Records. USA does not oppose inspection of categories 1, 3, 4, 5 & 6. USA OPPOSES inspection of categories 2, 7, 8, 9, 10, 11, 12 & 13.(Porter, Anne) Modified on 9/24/2007 - To edit docket text. (tt1, ). (Entered: 09/24/2007)
09/24/2007190 RESPONSE in Opposition by USA as to Paul J. Kellogg re 167 MOTION to Sever Defendant and for a Separate Trial (Porter, Anne) (Entered: 09/24/2007)
09/24/2007191  MOTION for Leave to File Response in Opposition to Defendants' Joint Omnibus Pretrial Motions in Excess of 20 Pages Pursuant to Local Rule 7.2 by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Kadon, Karl) Modified Docket Text on 9/24/2007 (km1, ). (Entered: 09/24/2007)
09/24/2007192 RESPONSE in Opposition by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 171[RECAP] MOTION to Suppress and to Dismiss Omnibus Pretrial Motions.(Attachments: # 1[RECAP] Part 2# 2 Part 3# 3 Part 4# 4 1# 5 2# 6 3# 7 4# 8 5# 9 6# 10 7# 11 8# 12 9# 13 10# 14 11# 15 12# 16 13# 17 14# 18 15) (Porter, Anne) Modified on 9/24/2007 - To edit docket text. (tt1, ). (Entered: 09/24/2007)
09/25/2007193 OPINION AND ORDER granting 183 United States' Motion to Adjust Exhibit and Witness Deadline to New Trial Date. The Court SETS the disclosure deadline for 11/27/2007; denying 187 Defendants' Motion for Leave to File Surreply; denying 188 United States' Motion to Strike Surreply. This order further clarifies its view of the 9/27/2007 Kastgar-like hearing. Signed by Judge S Arthur Spiegel on 9/25/2007. (km1, ) (Entered: 09/25/2007)
09/25/2007194 NOTATION ORDER granting 191 Motion for Leave to File Response in Opposition to Defendants' Joint Omnibus Pretrial Motions in Excess of 20 Pages Pursuant to Local Rule 7.2 as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 9/25/2007. (km1, ) (Entered: 09/25/2007)
09/25/2007195 RESPONSE in Opposition by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 168 MOTION in Limine (Weinberg, Martin) (Entered: 09/25/2007)
09/27/2007196 Minute Entry for proceedings held before Judge S Arthur Spiegel: Kastigar-Like Evidentiary Hearing as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 9/27/2007. Defendants present with counsel. Opening statements of counsel made. Testimony presented by United States. Matter continued to 9/28/2007 at 9:15 AM. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 09/27/2007)
09/28/2007197 Minute Entry for proceedings held before Judge S Arthur Spiegel: Kastigar-Like Evidentiary Hearing (DAY 2) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 9/28/2007. Government witnesses continued and completed. Government rests. Defendants' witnesses called and completed. All exhibits which were identified and offered are admitted. Matter taken under advisement. Parties to file post-hearing briefs simultaneously within one week of hearing, with responses to the briefs due one week thereafter. Written opinion to follow. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 09/28/2007)
10/01/2007199 EXHIBIT AND WITNESS LIST re Kastigar-Like Evidentiary Hearing held 9/27/2007 - 9/28/2007. (km1, ) (Entered: 10/01/2007)
10/05/2007200 First MOTION for Leave to File by Amar D. Chavan. (Whitman, Bruce) (Entered: 10/05/2007)
10/05/2007201  MOTION for Leave to File Stand-Alone Post-Hearing Reply Brief by Paul J. Kellogg. (Attachments: # 1) (Fleisher, James) (Entered: 10/05/2007)
10/05/2007202 Supplemental MOTION to Dismiss by Amar D. Chavan. (Whitman, Bruce) Modified on 10/9/2007 - DOCUMENT IS NOT A MOTION. IT IS IDENTIFIED AS DEFENDANT CHAVAN'S POST HEARING BRIEF. (tt1, ). (Entered: 10/05/2007)
10/05/2007203 RESPONSE in Opposition by USA as to 116 Amended MOTION to Dismiss Defendants' Corrected Joint Motion to Bar the Government From Using The Evidence Obtained in Violation of the Defendants' Attorney-Client and Work Product Privileges And To Dismiss The Indictment Since Privileged M [POST-HEARING MEMORANDUM OF THE UNITED STATES IN SUPPORT OF ITS OPPOSITION TO DEFENDANTS CORRECTED JOINT MOTION TO BAR] (Porter, Anne) (Entered: 10/05/2007)
10/05/2007204  MOTION Defendant's Post-Hearing Submission re 116 Amended MOTION to Dismiss Defendants' Corrected Joint Motion to Bar the Government From Using The Evidence Obtained in Violation of the Defendants' Attorney-Client and Work Product Privileges And To Dismiss The Indictment Since Privileged M by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3) (Weinberg, Martin) Modified on 10/9/2007 - DOCUMENT IS NOT A MOTION. (tt1, ). (Entered: 10/05/2007)
10/09/2007205  MOTION to Strike 200 Defendant Kellogg's Motion for Leave to File Stand Alone Post-Hearing Reply Brief AND 201 Defendant Chavan's Post-Hearing Brief by USA as to Paul J. Kellogg, Amar D. Chavan. (Porter, Anne) Modified on 10/9/2007 - To edit docket text and create hyperlink. (tt1, ). (Entered: 10/09/2007)
10/09/2007206 REPLY TO RESPONSE to Motion by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 169 MOTION to Inspect Jury Selection Records (Pinales, Martin) (Entered: 10/09/2007)
10/09/2007207 REPLY TO RESPONSE to Motion by Paul J. Kellogg re 167 MOTION to Sever Defendant and for a Separate Trial (Fleisher, James) (Entered: 10/09/2007)
10/09/2007208  MOTION for Leave to File Reply Memorandum Which Is 72 Pages in Length by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) Modified on 10/10/2007 (tt1, ). (Entered: 10/09/2007)
10/09/2007209 REPLY TO RESPONSE to 171[RECAP] Omnibus Pretrial Motions by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F) (Weinberg, Martin) Modified on 10/10/2007 (tt1, ). (Entered: 10/09/2007)
10/10/2007210 RESPONSE to Motion by Amar D. Chavan re 205 MOTION to Strike (Attachments: # 1 Exhibit # 2) (Whitman, Bruce) (Entered: 10/10/2007)
10/11/2007211 RESPONSE to Motion by Paul J. Kellogg re 205 MOTION to Strike Post-Hearing Briefs of Defendants Kellogg and Chavan (Fleisher, James) (Entered: 10/11/2007)
10/11/2007212 NOTATION ORDER granting 200 Motion for Leave to File Separate Post-Hearing Brief as to Amar D. Chavan (6). Signed by Judge S Arthur Spiegel on 10/11/2007. (km1, ) (Entered: 10/11/2007)
10/11/2007213 NOTATION ORDER granting 201 Motion for Leave to File Stand-Alone Post-Hearing Brief as to Paul J. Kellogg (3). Signed by Judge S Arthur Spiegel on 10/11/2007. (km1, ) (Entered: 10/11/2007)
10/11/2007214 NOTATION ORDER granting 208 Motion for Leave to File Reply Memorandum in Excess of 20 Pages as to Steven E Warshak (1), Harriet Warshak (2), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 10/11/2007. (km1, ) (Entered: 10/11/2007)
10/11/2007215 NOTATION ORDER denying 205 Motion to Strike Post-Hearing Briefs as to Paul J. Kellogg (3), Amar D. Chavan (6). Signed by Judge S Arthur Spiegel on 10/11/2007. (km1, ) (Entered: 10/11/2007)
10/12/2007216 POST-HEARING BRIEF by Defendant Paul J. Kellogg re 116 Corrected Joint Motion to Bar Evidence. (Fleisher, James) Modified Docket Text on 10/15/2007; DOCUMENT IS NOT A MOTION. (km1, ). (Entered: 10/12/2007)
10/12/2007217 RESPONSE by USA re 204 Defendants' Post-Hearing Brief in Support of 116 Corrected Joint Motion to Bar Evidence. (Porter, Anne) Modified Docket Text on 10/15/2007 (km1, ). (Entered: 10/12/2007)
10/12/2007218 RESPONSE re 203 Government's Post-Hearing Memorandum re 116 Defendants' Corrected Joint Motion to Bar Evidence by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5) (Weinberg, Martin) Modified Docket Text on 10/15/2007; DOCUMENT IS NOT A MOTION. (km1, ). (Entered: 10/12/2007)
10/12/2007219 RESPONSE re 203 Government's Post-Hearing Memorandum re 116 Defendants' Corrected Joint Motion to Bar Evidence by Amar D. Chavan. (Whitman, Bruce) Modified Docket Text on 10/15/2007; DOCUMENT IS NOT A MOTION. (km1, ). (Entered: 10/12/2007)
10/16/2007220 TRANSCRIPT of Proceedings (DAY 1 KASTIGAR-LIKE HEARING) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 9/27/2007 before Judge S. Arthur Spiegel. Court Reporter: Jodie Perkins (Official).

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. (km1, ) (Entered: 10/16/2007)

10/16/2007221 TRANSCRIPT of Proceedings (DAY 2 KASTIGAR-LIKE HEARING MORNING SESSION) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 9/28/2007 before Judge S. Arthur Spiegel. Court Reporter: Jodie Perkins (Official).

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. (km1, ) (Entered: 10/16/2007)

10/16/2007222 TRANSCRIPT of Proceedings (DAY 2 KASTIGAR-LIKE HEARING AFTERNOON SESSION) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 9/28/2007 before Judge S. Arthur Spiegel. Court Reporter: Jodie Perkins (Official).

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. (km1, ) (Entered: 10/16/2007)

10/29/2007223 RESPONSE IN OPPOSITION/Supplemental Response by USA to Section II of Defendants Omnibus Pretrial Motions 171[RECAP] (Porter, Anne) Modified on 10/30/2007 - To clarify docket text. (tt1, ). (Entered: 10/29/2007)
11/05/2007224 REPLY TO RESPONSE to Motion by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 171[RECAP] MOTION To Suppress and To Dismiss Defendants' Omnibus Pretrial Motions and Supporting Memoranda - Defendants' Reply to Supplemental Response of the United States to Section II of Defendants' Omnibus Pretrial Motions (Weinberg, Martin) (Entered: 11/05/2007)
11/05/2007225 OPINION AND ORDER denying 116 Defendants' Corrected Joint Motion to Bar the Government From Using The Evidence Obtained in Violation of the Defendants' Attorney-Client and Work Product Privileges And To Dismiss The Indictment Since Privileged Material Was Used to Secure It. Signed by Judge S Arthur Spiegel on 11/5/2007. (km1, ) (Entered: 11/05/2007)
11/13/2007226 OPINION AND ORDER denying 167 Motion to Sever Defendant as to Paul J. Kellogg (3). Defendant Kellogg is granted the opportunity to submit to the Court any documents in camera that support the argument in his motion; conditionally granting 168 Motion in Limine pending Defendants' review of the financial records. Should the Defendants fail to raise any specific objection on or before 12/14/2007, the Court shall consider the records admissible as business records under F.R.E. 803(b); granting in part and denying in part 169 Motion to Inspect Jury Selection Records; the Court DIRECTS the Clerk to make available to the parties forthwith the twelve requested categories of information in this Order, with the exception of the category enumerated six. Signed by Judge S Arthur Spiegel on 11/13/2007. (km1, ) (Entered: 11/13/2007)
11/14/2007227 NOTICE of Expert Witness Testimony as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit 1) (Porter, Anne) (Entered: 11/14/2007)
11/14/2007228 NOTICE of Expert Witness Testimony as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit 1) (Porter, Anne) (Entered: 11/14/2007)
11/15/2007  Notice of Correction re: 228 Notice of Expert Witness. This document has been deleted from the docket at request of counsel for the United States due to a filing error. Counsel to refile corrected document forthwith. (km1, ) (Entered: 11/15/2007)
11/15/2007229 NOTICE of Expert Witness Testimony as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit 1) (Porter, Anne) (Entered: 11/15/2007)
11/15/2007230 MOTION for Reconsideration re 225 Opinion and Order denying 116 Defendants' Corrected Joint Motion to Bar the Government From Using The Evidence Obtained in Violation of the Defendants' Attorney-Client and Work Product Privileges And To Dismiss The Indictment Since Privileged Material Was Used to Secure It filed by Steven E Warshak by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Weinberg, Martin) Modified Docket Text to create proper link to Order on 11/16/2007 (km1, ). (Entered: 11/15/2007)
11/16/2007231  MOTION Defendant's Notification of New Evidence and Request for Additional Time to Supplement Prior Submissions by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) (Entered: 11/16/2007)
11/20/2007232 Supplemental Memorandum to 230 MOTION for Reconsideration of Denial of Their Corrected Joint Motion to Bar the Government From Using the Evidence Obtained in Violation of the Defendants' Attorney-Client and Work Product Privileges And to Dimiss the the Indictment Since Privileged Material Was Used to Secure It. by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit 1) (Weinberg, Martin) Modified on 11/21/2007 - To edit docket text. (tt1, ). (Entered: 11/20/2007)
11/20/2007233  MOTION to File Attorney-Client Privileged Emails Under Seal and Ex Parte in Support of Defendants' Supplement re 232 MOTION for Reconsideration of Denial of Their Corrected Joint Motion to Bar the From Using the Evidence Obtained in Violation of the Defendants' Attorney-Client and Work Product Privileges And To Dismiss the Indictment Since Privileged Material Was Used to Secure It by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) Modified on 11/21/2007 - To edit docket text. (tt1, ). (Entered: 11/20/2007)
11/21/2007234 Supplement re 168 MOTION in Limine for a Preliminary Determination that Records Qualify as Business Records Under Fed. R. Evid. 803(6) by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibits R - BB) (Porter, Anne) Modified Docket Text on 11/26/2007 - document filed as motion but it is not (km1, ). (Entered: 11/21/2007)
11/28/2007235 NOTICE OF ATTORNEY APPEARANCE: Wende Crystal Cross appearing for Steven E Warshak Co-counsel (Cross, Wende) (Entered: 11/28/2007)
11/28/2007236  MOTION for Protective Order by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Text of Proposed Order) (Porter, Anne) (Entered: 11/28/2007)
11/29/2007237 NOTATION ORDER granting 233 Motion to File Attorney-Client Privileged Emails Under Seal and Ex Parte in Support of Defendants' Supplement re 232 MOTION for Reconsideration of Denial of Their Corrected Joint Motion to Bar the From Using the Evidence Obtained in Violation of the Defendants' Attorney-Client and Work Product Privileges And To Dismiss the Indictment Since Privileged Material Was Used to Secure It. Signed by Judge S Arthur Spiegel on 11/28/2007. (km1, ) (Entered: 11/29/2007)
11/29/2007238  MOTION for Leave to File Attorney-Client Privileged E-Mails Under Seal and Ex Parte for In Camera Review by the Court by Paul J. Kellogg. (Fleisher, James) (Entered: 11/29/2007)
11/30/2007239  MOTION for Leave to File A Supplemental Affidavit in Support of Defendants' Supplement to Their Motion for Reconsideration of Denial of Their Correct Joint Motion to Bar the Government from Using Evidence Obtained in Violation of Defendants' Attorney-Client and Work Product Privileges and to Dismiss Indictment Since Privileged Material Was Used to Secure It by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1) (Fleisher, James) (Entered: 11/30/2007)
11/30/2007240 RESPONSE in Opposition by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 230 MOTION for Reconsideration (Attachments: # 1 Exhibit Declaration of Inspector McGowan# 2 Exhibit Dinerman Receipt# 3 Exhibit AUSA D'Alessandro letter) (Porter, Anne) (Entered: 11/30/2007)
12/04/2007  Minute Entry for proceedings held before Judge S Arthur Spiegel:Final Pretrial Conference as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 12/4/2007. Case to proceed to trial on 1/8/2008. (Court Reporter Julie Wolfer (Official).) (km1, ) (Entered: 12/04/2007)
12/04/2007241 NOTATION ORDER granting 239 Motion for Leave to File A Supplemental Affidavit in Support of Defendants' Supplement to Their Motion for Reconsideration as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 12/4/2007. (km1, ) (Entered: 12/04/2007)
12/07/2007242  MOTION to Disqualify Counsel by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Porter, Anne) (Entered: 12/07/2007)
12/11/2007243 NOTATION ORDER granting 238 Motion for Leave to File Attorney-Client Privileged E-Mails Under Seal and Ex Parte for In Camera Review by the Court as to Paul J. Kellogg (3). Signed by Judge S Arthur Spiegel on 12/11/2007. (km1, ) (Entered: 12/11/2007)
12/11/2007244  MOTION to Quash subpoena duces tecum by Steven E Warshak. (Froncek, Theodore) (Entered: 12/11/2007)
12/11/2007245 NOTICE of Forthcoming Proposed Supplemental Jury Questionnaire as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Pinales, Martin) (Entered: 12/11/2007)
12/12/2007246 NOTICE of Filing of Proposed Supplemental Juror Questionnaire as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Proposed Juror Questionnaire) (Pinales, Martin) (Entered: 12/12/2007)
12/13/2007247 OPINION AND ORDER denying 171[RECAP] Defendants' Pretrial Omnibus Motion to Suppress and Dismiss in all respects as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 12/13/2007. (km1, ) (Entered: 12/13/2007)
12/13/2007248  MOTION FOR THE COURT REPORTER TO PROVIDE DEFENSE WITH A COPY OF THE SEALED DECEMBER 4, 2007 FINAL PRETRIAL CONFERENCE TRANSCRIPT by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Pinales, Martin) (Entered: 12/13/2007)
12/13/2007249 Response re 246 Notice (Other), Notice (Other) [Response of the United States In Opposition to Defendants Proposed Supplemental Juror Questionnaire] as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1) (Kadon, Karl) (Entered: 12/13/2007)
12/14/2007250 NOTICE Of Limited Appearance of Counsel for Wende C. Cross (Interested Party) (VanderLaan, Mark) Modified to clarify docket entry on 12/14/2007 (mr1, ). (Entered: 12/14/2007)
12/14/2007251  MOTION in Limine to Exclude Evidence Noticed in Government's Notice of 404(b) Evidence by Steven E Warshak, TCI Media, Inc.. (Weinberg, Martin) (Entered: 12/14/2007)
12/14/2007252  MOTION for Leave to File Excess Pages Defendant Steven Warshak's and TCI Media. Inc.'s Motion for Leave to File Memorandum of Law in Support of Motion In Limine to Exclude Evidence Noticed in Government's Notice of 404(b) Evidence Which Exceeds Twenty (20) Pages in Length by Steven E Warshak, TCI Media, Inc.. (Weinberg, Martin) (Entered: 12/14/2007)
12/14/2007253  MOTION for Leave to File Defendants Steven Warshak's and TCI Media, Inc.'s Motion for Leave to File Memorandum of Law in Support on Moiton in Limine to Exclude Evidence Noticed in Government's Notice of 404(b) Evidence Which Exceeds Twenty (20) Pages in Length by Steven E Warshak, TCI Media, Inc.. (Attachments: # 1 Memorandum of Law) (Weinberg, Martin) (Entered: 12/14/2007)
12/14/2007254 RESPONSE to Motion by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 168 MOTION in Limine Defendants' Response to United States Motion in Limine for a Determination that Records Qualify as Business Records Under Federal Rule 803(6)(DOC.#168) (Weinberg, Martin) (Entered: 12/14/2007)
12/14/2007255 ORDER granting 248 Motion for the Court Reporter to Provide Defense With A Copy of the Sealed 12/4/2007 Final Pretrial Conference Transcript as to Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 12/14/2007. (km1, ) (Entered: 12/14/2007)
12/14/2007256 RESPONSE in Opposition by Wende Cross as to Steven E Warshak re 242 MOTION to Disqualify Counsel (Attachments: # 1 Exhibit A, Consent Letter# 2 Exhibit B, Waiver Letters) (VanderLaan, Mark) (Entered: 12/14/2007)
12/17/2007257 RESPONSE OPPOSING 244 MOTION to Quash subpoena duces tecum by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit Subpoena) (Pinales, Martin) Modified on 12/17/2007 - To clarify docket text. (tt1, ). (Entered: 12/17/2007)
12/18/2007258 NOTATION ORDER granting 253 Motion for Leave to File Memorandum of Law in Support on Motion in Limine to Exclude Evidence Noticed in Government's Notice of 404(b) Evidence Which Exceeds Twenty (20) Pages in Length as to Steven E Warshak (1), TCI Media, Inc. (7). Signed by Judge S Arthur Spiegel on 12/18/2007. (km1, ) (Entered: 12/18/2007)
12/18/2007  Remark as to Steven E Warshak, TCI Media, Inc.: Pursuant to this Court's Notation Order 258 , counsel for Defendants is instructed to refile their motion in limine with approved memorandum in support for the Court's consideration. (km1, ) (Entered: 12/18/2007)
12/18/2007259 OPINION AND ORDER REJECTING 246 Defendants' Proposed Supplemental Jury Questionnaire as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. Signed by Judge S Arthur Spiegel on 12/18/2007. (km1, ) (Entered: 12/18/2007)
12/18/2007260  MOTION in Limine Defendants Steven Warshak's and TCI Media, Inc.'s Motion in Limine to Exclude Evidence Noticed in Government's Notice of 404(b) Evidence and Supporting Memorandum of Law by Steven E Warshak, TCI Media, Inc.. (Weinberg, Martin) (Entered: 12/18/2007)
12/18/2007261 RESPONSE in Support by Greg J Cossman as to Steven E Warshak re 244 MOTION to Quash subpoena duces tecum (Froncek, Theodore) (Entered: 12/18/2007)
12/18/2007262 REPLY TO RESPONSE to Motion by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 168 MOTION in Limine (Porter, Anne) (Entered: 12/18/2007)
12/18/2007263 REPLY TO RESPONSE to Motion by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 230 MOTION for Reconsideration (Attachments: # 1 Attachment) (Weinberg, Martin) (Entered: 12/18/2007)
12/19/2007264  MOTION to Travel by Steven P. Pugh. (Faller, Raymond) (Entered: 12/19/2007)
12/19/2007265  MOTION to Dismiss [Suggestion of Death as to Defendant Charles W. Clarke and Motion to Abate Prosecution and Dismiss Indictment] by USA as to Charles W Clarke, Jr. (Attachments: # 1 Death Certificate) (Porter, Anne) (Entered: 12/19/2007)
12/19/2007266 REPLY TO RESPONSE to Motion by USA as to Steven E Warshak re 242 MOTION to Disqualify Counsel [Reply of United States to Response in Opposition to Motion to Consider Disqualification of Defense Counsel] (Porter, Anne) (Entered: 12/19/2007)
12/20/2007268 NOTICE OF ATTORNEY APPEARANCE: Robert M. Goldstein appearing for TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. and Withdrawl as Counsel for Steven Warshak (Goldstein, Robert) (Entered: 12/20/2007)
12/20/2007  Attorney update in case as to Steven E Warshak. Attorney Robert M. Goldstein terminated per Notice of Appearance 268 . (tt1, ) (Entered: 12/20/2007)
12/20/2007269 NOTICE OF ATTORNEY APPEARANCE: Martin Stanley Pinales appearing for Harriet Warshak (Pinales, Martin) (Entered: 12/20/2007)
12/20/2007270 OPINION AND ORDER denying 105 Defendants' Motion for Discovery Regarding Brady. Signed by Judge S Arthur Spiegel on 12/19/2007. (km1, ) (Entered: 12/20/2007)
12/20/2007272 ORDER granting 264 Motion to Travel to Fort Myers, FL from 12/26/2007 through 1/5/2008 as to Steven P. Pugh (5). Signed by Judge S Arthur Spiegel on 12/20/2007. (km1, ) (Entered: 12/20/2007)
12/21/2007273 ORDER granting 265 Motion to Abate Prosecution and Dismiss Indictment as to Charles W Clarke Jr. (4). Signed by Judge S Arthur Spiegel on 12/20/2007. (km1, ) (Entered: 12/21/2007)
12/27/2007274  MOTION to Quash Subpoena Duces Tecum by Michael Wagner as to Steven E Warshak. (Laufman, Paul) (Entered: 12/27/2007)
12/27/2007275 First MOTION in Limine by Amar D. Chavan. (Whitman, Bruce) (Entered: 12/27/2007)
12/27/2007276 RESPONSE in Opposition by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 251 MOTION in Limine (Porter, Anne) (Entered: 12/27/2007)
12/28/2007277 OPINION AND ORDER denying 230 Motion for Reconsideration; granting 242 Motion to Disqualify Defense Counsel. Attorney Wende Crystal Cross is DISQUALIFIED from serving as defense counsel in this matter; granting 244 Greg J. Cossman's Motion to Quash Subpoena Duces Tecum Issued by Defendants; UNCONDITIONALLY GRANTING the government's Motion in Limine 168 ; granting the government's Motion to Supplement its Motion in Limine 234 . Signed by Judge S Arthur Spiegel on 12/27/2007. (km1, ) (Entered: 12/28/2007)
12/28/2007278  MOTION to Continue Defendants' Motion to Continue Trial 90 Days, from January 8, 2008 to April 8, 2008 by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6) (Weinberg, Martin) (Entered: 12/28/2007)
12/31/2007279  MOTION in Limine to Exclude "Statements of Facts" Executed By Cooperating Witnesses and Alleged Coconspirators and Incorporated Memorandum of Law by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Goldstein, Robert) (Entered: 12/31/2007)
12/31/2007280 REPLY TO RESPONSE to Motion by Steven E Warshak, TCI Media, Inc. re 260 MOTION in Limine Defendants Steven Warshak's and TCI Media, Inc.'s Motion in Limine to Exclude Evidence Noticed in Government's Notice of 404(b) Evidence and Supporting Memorandum of Law MOTION in Limine Defendants Steven Warshak's and TCI Media, Inc.'s Motion in Limine to Exclude Evidence Noticed in Government's Notice of 404(b) Evidence and Supporting Memorandum of Law (Goldstein, Robert) (Entered: 12/31/2007)
12/31/2007281 RESPONSE in Opposition by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 278 MOTION to Continue Defendants' Motion to Continue Trial 90 Days, from January 8, 2008 to April 8, 2008 (Kadon, Karl) (Entered: 12/31/2007)
12/31/2007282 NOTICE of Filing of Supplemental Affidavit in Support of Motion to Continue Trial 90 Days, From January 8, 2008 to April 8, 2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 278 MOTION to Continue (Attachments: # 1 Affidavit Supplental) (Fleisher, James) (Entered: 12/31/2007)
12/31/2007283  MOTION in Limine to Exclude Government Exhibits BF 3.07 to 3.10 by Paul J. Kellogg as to Steven E Warshak, Paul J. Kellogg. (Fleisher, James) (Entered: 12/31/2007)
12/31/2007284 REPLY TO RESPONSE to Motion by Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 278 MOTION to Continue (Goldstein, Robert) (Entered: 12/31/2007)
01/03/2008285 OPINION AND ORDER denying 278 Motion to Continue Trial 90 Days from 1/8/2008 to 4/8/2008 as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 1/3/2008. (km1, ) (Entered: 01/03/2008)
01/03/2008286 PROTECTIVE ORDER REGARDING TRIAL EXHIBITS granting 236 Motion for Protective Order by USA. The Court ORDERS that Government Trial Exhibits BBB 1-11 herein are disclosed to the defendants and their counsel for the purpose of the trial herein; that such disclosure, use or dissemination of these documents to counsel for defendants (and necessary support personnel) is for their use only in the preparation of their defense or their case-in-chief, if any, in this case; and that any further disclosure or dissemination by any defendant or by any defense counsel shall not be made without approval of the Court. Signed by Judge S Arthur Spiegel on 1/2/2008. (km1, ) (Entered: 01/03/2008)
01/03/2008287 OPINION AND ORDER granting 274 Michael Wagner's Motion to Quash Subpoena Duces Tecum. Signed by Judge S Arthur Spiegel on 1/3/2008. (km1, ) (Entered: 01/03/2008)
01/03/2008288  MOTION in Limine by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit 1, Logan Subpoena# 2 Exhibit 2, Egner Subpoena# 3 Exhibit 3, Towers Subpoena# 4 Exhibit 4, Maser Subpoena) (Porter, Anne) (Entered: 01/03/2008)
01/03/2008289 RESPONSE to Motion by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 283 MOTION in Limine, 279 MOTION in Limine (Porter, Anne) (Entered: 01/03/2008)
01/03/2008290 TRIAL BRIEF by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Porter, Anne) (Entered: 01/03/2008)
01/04/2008291 NOTICE OF ATTORNEY APPEARANCE: Dennis Alan Lieberman enters his appearance on behalf of Berkley Premium Nutraceuticals, Inc. (BPN) and TCI Media, Inc. (TCI) AND WITHDRAWAL on behalf of Harriet Warshak (Lieberman, Dennis) Modified to clarify text on 1/4/2008 (mr1, ). (Entered: 01/04/2008)
01/04/2008  Attorney update in case as to Harriet Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Attorney Dennis Alan Lieberman for TCI Media, Inc. and Berkeley Premium Nutraceuticals, Inc. added. Attorney Dennis Alan Lieberman for Harriet Warshak terminated. (km1, ) (Entered: 01/04/2008)
01/04/2008292  MOTION for Leave to Appear Attorney: Mark L. Josephs. Filing fee $ 200.by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1) (Porter, Anne) (Entered: 01/04/2008)
01/04/2008293  MOTION in Limine To Exclude Government Exhibits FDA-4, FDA-5, FDA-6, FDA-11, FDA-25, and FDA-26 by Paul J. Kellogg as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Fleisher, James) (Entered: 01/04/2008)
01/05/2008294  MOTION in Limine to Exclude Government Exhibit BF-2 and Portions of Exhibit BF-4 by Paul J. Kellogg as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Fleisher, James) (Entered: 01/05/2008)
01/05/2008295  MOTION in Limine to Exclude Government Exhibit GC-2 by Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc.. (Fleisher, James) (Entered: 01/05/2008)
01/06/2008296  MOTION in Limine To Exclude Hearsay Evidence Regarding Complaints Made To AG's Office and BBB by Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Goldstein, Robert) (Entered: 01/06/2008)
01/07/2008297 RESPONSE in Opposition by Amar D. Chavan re 288 MOTION in Limine (Whitman, Bruce) (Entered: 01/07/2008)
01/07/2008  Attorney update in case as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. Attorney Mark L. Josephs for USA added. (km1, ) (Entered: 01/07/2008)
01/07/2008298 ORDER granting 292 Motion for Leave to Appear Pro Hac Vice by Attorney Mark L Josephs for USA as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 1/7/2008. (km1, ) (Entered: 01/07/2008)
01/07/2008299  MOTION for Final Pretrial Conference Transcript by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Porter, Anne) (Entered: 01/07/2008)
01/07/2008300 ORDER granting 299 Motion for Final Pretrial Conference Transcript. Official Court Reporter Julie Wolfer is hereby authorized to release to counsel for the United States, the transcript from the Final Pretrial Conference conducted by the Court on 12/4/2007 for purposes of trial preparation. Signed by Judge S Arthur Spiegel on 1/7/2008. (km1, ) Modified to update text on 1/8/2008 (mr1, ). (Entered: 01/07/2008)
01/08/2008301 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 1) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/8/2008. Voir Dire conducted. Jury empaneled and sworn. Case in recess until 1/9/2008 at 9:00 am. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 01/08/2008)
01/09/2008302 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 2) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc. and Berkeley Premium Nutraceuticals, Inc. held on 1/9/2008. Opening statements of counsel made. Case in recess until 1/10/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 01/09/2008)
01/10/2008303  MOTION in Limine to Exclude Government Exhibits MF-1 to MF-42 by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Fleisher, James) (Entered: 01/10/2008)
01/10/2008304  MOTION in Limine to Exclude all Images of Sexual Organs in Advertisements and Magazines in which the Advertisements Appeared by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) (Entered: 01/10/2008)
01/10/2008305 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 3) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/10/2008. Government witnesses called but not completed. Case in recess until 1/11/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official)/Wendy Goodyear (4:05 PM - 4:55 PM).) (km1, ) (Entered: 01/10/2008)
01/11/2008306 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 4) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/11/2008. Government witnesses continued but not completed. Case in recess until 1/15/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official); Wendy Goodyear (3:25 PM - 4:55 PM).) (km1, ) (Entered: 01/11/2008)
01/12/2008307 First MOTION brief recess by Amar D. Chavan. (Attachments: # 1 Exhibit) (Whitman, Bruce) (Entered: 01/12/2008)
01/15/2008308 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 5) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/15/2008. Government witnesses continued but not completed. Case in recess until 1/16/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official); Wendy Goodyear (3:10 PM - 4:55 PM).) (km1, ) (Entered: 01/15/2008)
01/15/2008309 ORDER granting 307 Motion for a Brief Recess as to Amar D. Chavan (6). Trial in this matter will recess from the end of the day 1/22/2008 until 1/23/2008 at 11:00 AM. Signed by Judge S Arthur Spiegel on 1/15/2008. (km1, ) (Entered: 01/15/2008)
01/16/2008310 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 6) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/16/2008. Government witnesses continued but not completed. Case in recess until 1/17/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official); Wendy Goodyear (1:05 PM - 4:45 PM).) (km1, ) (Entered: 01/16/2008)
01/16/2008311 RESPONSE in Opposition by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 296 MOTION in Limine To Exclude Hearsay Evidence Regarding Complaints Made To AG's Office and BBB (Porter, Anne) (Entered: 01/16/2008)
01/17/2008312 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 7) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/17/2008. Government witnesses continued but not completed. Case in recess until 1/18/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official); Wendee Goodyear (3:30 PM - 5:00 PM).) (km1, ) (Entered: 01/17/2008)
01/18/2008313 Minute Entry for proceedings held before Judge S Arthur Spiegel :Jury Trial (DAY 8) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/18/2008. Government witnesses continued but not completed. Case in recess until 1/22/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 01/18/2008)
01/22/2008314 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 9) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/22/2008. Government witnesses continued but not completed. Case in recess until 1/23/2008 at 10:00 AM. (Court Reporter Jodie Perkins (Official); Wendee Goodyear (3:10 - 4:35 PM).) (km1, ) (Entered: 01/22/2008)
01/23/2008315 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 10) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/23/2008. Government witnesses continued but not completed. Case in recess until 1/24/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official); Wendee Goodyear (3:50-4:50 PM).) (km1, ) (Entered: 01/23/2008)
01/24/2008316 OPINION AND ORDER granting 260 Motion in Limine of Defendants Steven Warshak and TCI Media, Inc.'s to Exclude Evidence Noticed in Government's Notice of 404(b) Evidence. Signed by Judge S Arthur Spiegel on 1/23/2008. (km1, ) (Entered: 01/24/2008)
01/24/2008317 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 11) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/24/2008. Government witnesses continued but not completed. Case in recess until 1/25/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official); Wendee Goodyear (3:30 PM - 4:35 PM).) (km1, ) (Entered: 01/24/2008)
01/25/2008318 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 12) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/25/2008. Government witnesses continued but not completed. Case in recess until 1/29/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 01/25/2008)
01/29/2008319 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 13) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/29/2008. Government witnesses continued but not completed. Case in recess until 1/30/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official); Wendee Goodyear (3:30 PM-4:50 PM).) (km1, ) (Entered: 01/29/2008)
01/30/2008320 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 14) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/30/2008. Government witnesses continued but not completed. Case in recess until 1/31/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official); Wendee Goodyear (3:25 PM-4:55 PM).) (km1, ) (Entered: 01/30/2008)
01/31/2008321 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 15) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/31/2008. Government witnesses continued but not completed. Case in recess until 2/1/2008 at 10:00 AM. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 01/31/2008)
02/01/2008322 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 16) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc. held on 2/1/2008. Government witnesses continued but not completed. Case in recess until 2/5/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official); Wendee Goodyear (3:00 PM-4:30 PM).) (km1, ) (Entered: 02/01/2008)
02/05/2008323  MOTION to Exclude Defendants' Opinion Witnesses by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Kadon, Karl) (Entered: 02/05/2008)
02/05/2008324 Minute Entry for proceedings held before Judge S Arthur Spiegel: Jury Trial (DAY 17) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/5/2008. Government witnesses continued but not completed. Case in recess until 2/6/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official); Wendee Goodyear (3:20-4:45 PM).) (km1, ) (Entered: 02/05/2008)
02/06/2008325 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 18) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/6/2008. Government witnesses continued but not completed. Case in recess until 2/7/2008 at 10:00 AM. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/06/2008)
02/07/2008326 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 19) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/7/2008. Government witnesses continued but not completed. Case in recess until 2/8/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official); Wendee Goodyear (3:50-4:45 PM).) (km1, ) (Entered: 02/07/2008)
02/08/2008327 TRIAL BRIEF by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Weinberg, Martin) (Entered: 02/08/2008)
02/08/2008328 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 20) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/8/2008. Government witnesses continued but not completed. Case in recess until 2/11/2008 at 1:30 PM. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/08/2008)
02/11/2008329 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 21) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/11/2008. Government witnesses continued but not completed. Case in recess until 2/12/2008 at 11:00 AM. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/11/2008)
02/12/2008330 Proposed Jury Instructions by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Pinales, Martin) (Entered: 02/12/2008)
02/12/2008331  MOTION for Acquittal by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Pinales, Martin) (Entered: 02/12/2008)
02/12/2008332 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 22) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/12/2008. Government witnesses completed. The government rests. Defendants make oral motions for acquittal pursuant to Fed.R.Crim.P. 29, with leave granted to file supplemental briefs with the Court. Arguments heard. Matter taken under advisement. Court to issue ruling from the bench on the morning of 2/13/2008. Case in recess until 2/13/2008 at 9:30 AM. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/12/2008)
02/12/2008333 NOTICE of Table of Contents as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 331 MOTION for Acquittal (Pinales, Martin) (Entered: 02/12/2008)
02/12/2008  Minute Entry for proceedings held before Judge S Arthur Spiegel:Hearing Out of Jury Presence re Rule 29 Motions for Acquittal as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/12/2008. Arguments heard. Matter taken under advisement. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/13/2008)
02/13/2008334 Proposed Jury Instructions by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Porter, Anne) (Entered: 02/13/2008)
02/13/2008335 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 23) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/13/2008. The Court Orders in open Court that Defendants Motions for Acquittal pursuant to Fed.R.Crim.P. 29 are DENIED.Defendants witnesses commenced and completed. The Defendants RESTS.Deft Amar Chavans Stipulated Exhibits AC-A8, AC-B8, AC-C8 and AC-D8 are admitted. Case in recess until 2/14/08 at 9:00 a.m. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/13/2008)
02/13/2008336  MOTION to Reconsider Jury Instructions by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Porter, Anne) (Entered: 02/13/2008)
02/13/2008  Minute Entry for proceedings held before Judge S Arthur Spiegel:In Chambers Charging Conference as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/13/2008. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/14/2008)
02/14/2008337  MOTION for Reconsideration re: contract jury charge by Amar D. Chavan as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Whitman, Bruce) (Entered: 02/14/2008)
02/14/2008338 RESPONSE to Motion by Defendants Steven E Warshak, Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 336 MOTION (Weinberg, Martin) (Entered: 02/14/2008)
02/14/2008339 RESPONSE to Defendant Amar D. Chavan's Proposed Jury Instruction by Plaintiff (Kadon, Karl) Modified on 2/15/2008 to edit text (srj, ). (Entered: 02/14/2008)
02/14/2008340 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 24) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/14/2008. Closing arguments commenced but not completed. Case in recess until 2/19/2008 at 9:00 am. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/15/2008)
02/15/2008341 Reply To Defendants' Response In Opposition To Motion To Reconsider (Doc. 338) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Kadon, Karl) (Entered: 02/15/2008)
02/15/2008342 REPLY TO RESPONSE to re 336 MOTION to Reconsider Jury Instructions by Defendants Steven E Warshak, Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Weinberg, Martin) Modified on 2/19/2008 to edit text(srj ). (Entered: 02/15/2008)
02/19/2008343 OPINION AND ORDER granting 336 Government's Motion to Reconsider Proposed Jury Instructions and MODIFIES the jury instructions in accordance with this ORder; denying 337 Defendant Amar Chavan's Motion to Reconsider Instructing Jury on Breach of Contract. Signed by Judge S Arthur Spiegel on 2/19/2008. (km1, ) (Entered: 02/19/2008)
02/19/2008344 Proposed Jury Instructions by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Kadon, Karl) (Entered: 02/19/2008)
02/19/2008345 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 25) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/19/2008. Closing arguments continued and completed. Jury charged. Jury instructed to retire to the jury deliberation room, select foreperson, and recess until 2/20/2008 at 9:0 am at which time deliberations will begin. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/19/2008)
02/19/2008346 Proposed Jury Forms by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Kadon, Karl) Modified on 2/20/2008 to edit text(srj1 ). (Entered: 02/19/2008)
02/20/2008347 NOTICE OF ATTORNEY APPEARANCE Deborah Diane Grimes appearing for USA. (Grimes, Deborah) (Entered: 02/20/2008)
02/20/2008348 ORDER directing the Clerk of the U.S. District Court to pay for meals provided to the jury on 2/19/2008. Signed by Judge S Arthur Spiegel on 2/20/2008. (km1, ) (Entered: 02/20/2008)
02/20/2008349 Proposed Jury Instructions by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Weinberg, Martin) (Entered: 02/20/2008)
02/20/2008350 Proposed Jury Instructions by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Weinberg, Martin) (Entered: 02/20/2008)
02/20/2008351 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 26) as to Steven E Warshak, Harriet Warshak, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/20/2008. Jury deliberates from 9:35 a.m. until 4:55 p.m. and is released for the day by the Court. Jury to return on 2/21/08 at 8:30 a.m. to continue deliberations. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/20/2008)
02/20/2008  Minute Entry for proceedings held before Judge S Arthur Spiegel:Hearing Out of Jury Presence as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/20/2008. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/20/2008)
02/20/2008352 Proposed Jury Instructions by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Porter, Anne) (Entered: 02/20/2008)
02/21/2008353 Proposed Jury Instructions by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Weinberg, Martin) (Entered: 02/21/2008)
02/21/2008354 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 27) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/21/2008. Jury deliberated from 8:30 AM until 1:15 PM and was released for the day by the Court. Jury to return on 2/22/2008 at 10:00 AM to continue deliberations (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/21/2008)
02/21/2008  Minute Entry for proceedings held before Judge S Arthur Spiegel:Hearing Out of Jury Presence as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/21/2008. (Court Reporter Jody Perkins (Official).) (km1, ) (Entered: 02/21/2008)
02/22/2008355 OPINION AND ORDER rejecting 350 Defendants' Supplemental Request for Forfeiture Instruction as the proposed language minimizes the effect of pooling or comingling of tainted and untainted funds. Accordingly, the Court ADOPTS the following two charges as specified in this order, adding words "nexus" to the government's proposed instruction 11, and adding the words "substantial" and substantially" to the government's proposed instruction 12. Signed by Judge S Arthur Spiegel on 2/22/2008. (km1, ) (Entered: 02/22/2008)
02/22/2008356 TRIAL BRIEF by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Kadon, Karl) (Entered: 02/22/2008)
02/22/2008357 Proposed Jury Instructions by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Kadon, Karl) (Entered: 02/22/2008)
02/23/2008358 First MOTION by Amar D. Chavan. (Attachments: # 1 Text of Proposed Order) (Whitman, Bruce) (Entered: 02/23/2008)
02/25/2008359 TRIAL BRIEF by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Weinberg, Martin) (Entered: 02/25/2008)
02/25/2008360 Proposed Jury Instructions by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Weinberg, Martin) (Entered: 02/25/2008)
02/25/2008361 ORDER granting 358 Motion for Return of Passport as to Amar D. Chavan (6). The Clerk is hereby DIRECTED to release Defendant's passport to him forthwith. Signed by Judge S Arthur Spiegel on 2/25/2008. (km1, ) (Entered: 02/25/2008)
02/25/2008362 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 28) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/25/2008. Jury deliberated from 10:30 a.m. until 1:45 p.m. and returned with a verdict as to all Defendants. Verdicts are as follows: Steven E. Warshak - Guilty Counts 1-13, 15, 23, 27, 29-33, 34-40, 41-47, 48-54, 55-61, 62-68, 69-75, 76-82, 83-89, 90-96, 97, 98, 102-106, 108, 112 Not Guilty Counts 14, 16, 17, 18, 19-22, 24-26, 28, 109, 110; Harriet Warshak - Guilty Counts 1, 27, 30, 31, 99, 100, 101, 107; Not Guilty Count 28; Paul Kellogg - Guilty Counts 30, 31, 96, 97, 111, 112; Not Guilty Counts 14, 109, 110; Amar Chavan - Not Guilty as to Counts 1 and 29; Defendant acquitted; Stephen Pugh - Guilty Count 111; Not Guilty Counts 109, 110; TCI Media - Guilty Counts 57, 58, 60, 61, 62, 63, 64, 65, 66-70, 71-73, 79, 83, 91, 92, 93; Berkeley Premium Nutraceuticals - Guilty Counts 1, 2, 3, 4-8, 9-13, 29, 110. Defendants Steven Warshak, Harriet Warshak, Paul Kellogg, and Stephen Pugh are allowed to remain free on their current O.R. bonds. Defendant Amar Chavan is discharged. Jury released and directed to return on 2/25/08 at 9:00 am to commence forfeiture proceedings. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/25/2008)
02/25/2008363 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 29 - FORFEITURE PROCEEDINGS PHASE) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/25/2008. Opening statements of counsel waived. Testimony of witnesses presented by government and defendants. Proffer of Evidence made by Defendants (BPN-U8, BPN-V8 (Summaries of Professor Levy); BPN-W8 (disk containing sampling of calls). These evidence is not admitted per the Courts previous rulings. Case in recess until 2/26/2008 at 9:00 AM. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/25/2008)
02/26/2008364 ORDER directing the Clerk to pay for meals provided during juror deliberations on 2/20/2008, 2/21/2008, 2/22/2008 and 2/26/2008. Signed by Judge S Arthur Spiegel on 2/28/2008. (km1, ) (Entered: 02/26/2008)
02/26/2008365 NOTICE of Presentence Investigation and Disclosure as to Steven E Warshak. Final PS Report shall be submitted no later than 5/5/08. USPO Laura S Jensen. (srj1) (Entered: 02/26/2008)
02/26/2008366 NOTICE of Presentence Investigation and Disclosure as to Harriet Warshak. Final PS Report shall be submitted no later than 5/5/08. USPO Laura S Jensen. (srj1 ) (Entered: 02/26/2008)
02/26/2008367 NOTICE of Presentence Investigation and Disclosure as to Paul J. Kellogg. Final PS Report shall be submitted no later than 5/5/08. USPO Laura S Jensen. (srj1 ) (Entered: 02/26/2008)
02/26/2008368 NOTICE of Presentence Investigation and Disclosure as to TCI Media, Inc. Final PS Report shall be submitted no later than 5/5/08. USPO Laura S Jensen. (srj1 ) (Entered: 02/26/2008)
02/26/2008369 NOTICE of Presentence Investigation and Disclosure as to Berkeley Premium Nutraceuticals. Final PS Report shall be submitted no later than 5/5/08. USPO Laura S Jensen. (srj1) (Entered: 02/26/2008)
02/26/2008370 Minute Entry for proceedings held before Judge S Arthur Spiegel:Jury Trial (DAY 30-FORFEITURE PROCEEDINGS PHASE) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 2/26/2008. Closing arguments re Asset Forfeiture heard. Jury charged. Jury deliberates from 11:40 AM until 2:20 PM and returns with unanimous special verdicts as to Proceeds of Specified Unlawful Activity and Money Laundering Forfeiture. Special Verdicts read in open Court. Jury thanked for their service and discharged. Defendant Harriet Warshak permitted to remain free on her current O.R. Bond. Defendant Steven Warshak permitted to remain free on his current O.R. bond, with travel restrictions to the Southern District of Ohio. Pretrial Services to submit a report to the Court as to Defendants request to be permitted to travel to the San Diego, CA to be with wife and children. Upon receipt of this report, the Court will consider any further modifications to travel restrictions. Defendant Paul Kellogg permitted free on his current O.R. bond. Defendants proffer the following exhibits marked as follows: BPN-I8, BPN-O8, BPN -P8, BPN-Q8 (four boxes of testimonials), BPN-R8, BPN-U8, BPN-V8, BPN-W8 (compact disc). These exhibits will be retained by the Court, though not admitted into evidence through direct testimony. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/26/2008)
02/27/2008371 Final Jury Instructions as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (km1, ) (Entered: 02/27/2008)
02/27/2008372 Final Jury Instructions re Forfeiture as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (km1, ) (Entered: 02/27/2008)
02/27/2008373 JURY VERDICT (Redacted to Remove Juror Names) as to Steven E Warshak (1) - Guilty on Counts 1, 2-13, 15, 23, 27, 29, 30-31, 32-98, 102-106, 108, 112. Steven E Warshak (1) - Not Guilty on Counts 14, 16-22, 24-26, 28, 109, 110. (km1, ) (Entered: 02/27/2008)
02/27/2008375 JURY VERDICT (Redacted to Remove Juror Names) as to Harriet Warshak (2) - Guilty on Counts 1, 27, 30-31, 99-101, 107. Harriet Warshak (2)- Not Guilty on Count 28. (km1, ) (Entered: 02/27/2008)
02/27/2008377 JURY VERDICT (Redacted to Remove Juror Names) as to Paul J. Kellogg (3) - Guilty on Counts 30-31, 96s-97s, 111,112. Paul J. Kellogg (3) - Not Guilty on Counts 14, 109, 110. (km1, ) (Entered: 02/27/2008)
02/27/2008379 JURY VERDICT (Redacted to Remove Juror Names) as to Amar D. Chavan (6) - Not Guilty on Counts 1 and 29. (km1, ) (Entered: 02/27/2008)
02/27/2008381 JURY VERDICT (Redacted to Remove Juror Names) as to Steven P. Pugh (5) - Guilty on Count 111. Steven P. Pugh (5) - Not Guilty on Counts 109, 110. (km1, ) (Entered: 02/27/2008)
02/27/2008383 JURY VERDICT (Redacted to Remove Juror Names) as to TCI Media, Inc. (7) - Guilty on Counts 57-58, 60-73, 79, 83, 91-93. (km1, ) (Entered: 02/27/2008)
02/27/2008385 JURY VERDICT (Redacted to Remove Juror Names) as to Berkeley Premium Nutraceuticals, Inc. (8) - Guilty on Counts 1, 2-13, 29, 110. (km1, ) (Entered: 02/27/2008)
02/27/2008387 SPECIAL JURY VERDICT ON FORFEITURE RE PROCEEDS OF SPECIFIED UNLAWFUL ACTIVITY (Redacted to Remove Juror Names) as to Steven E Warshak, Harriet Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (km1, ) (Entered: 02/27/2008)
02/27/2008389 SPECIAL JURY VERDICT RE MONEY LAUNDERING FORFEITURE (Redacted to Remove Juror Names) as to Steven E Warshak, Harriet Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (km1, ) (Entered: 02/27/2008)
02/27/2008391 EXHIBIT AND WITNESS LIST for Jury Trial conducted from 1/8/2008 - 2/26/2008. (km1, ) (Entered: 02/27/2008)
02/27/2008392 JUDGMENT OF ACQUITTAL as to Amar D. Chavan (6) Count(s) 1, 29 DEFENDANT FOUND NOT GUILTY OF COUNTS 1 AND 29 BY JURY VERDICT. Signed by Judge S Arthur Spiegel on 2/27/2008. (km1, ) (Entered: 02/27/2008)
02/27/2008393 Emergency MOTION emergency motion for authorization to execute agreement for International Merchant Processing or for other appropriate relief by Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Weinberg, Martin) (Entered: 02/27/2008)
02/28/2008394 RESPONSE by Plaintiff USA OPPOSING 393 Defendants EMERGENCY MOTION for authorization to execute agreement for International Merchant Processing or for other appropriate relief (Porter, Anne) Modified on 2/29/2008 - To edit docket text and reflect USA opposes motion (tt, ). (Entered: 02/28/2008)
02/28/2008395 First MOTION for Judgment NOV /Motion for Judgment of Acquittal, First MOTION for New Trial by Paul J. Kellogg. (Fleisher, James) (Entered: 02/28/2008)
02/28/2008396  MOTION to Seal February 28, 2008 Hearing, MOTION to Seal Document/Transcript by Steven E Warshak. (Crouse, Candace) Modified on 2/29/2008 - To identify document requested sealed (tt, ). (Entered: 02/28/2008)
02/28/2008  Minute Entry for proceedings held before Judge S Arthur Spiegel:In Chambers Conference as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. held on 2/28/2008. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 02/29/2008)
02/29/2008397 RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. re 396 MOTION to Seal February 28, 2008 Hearing MOTION to Seal Document (Kadon, Karl) (Entered: 02/29/2008)
02/29/2008398  MOTION for Acquittal, MOTION for New Trial by Harriet Warshak. (Pinales, Martin) (Entered: 02/29/2008)
02/29/2008399  MOTION for Acquittal by Steven P. Pugh. (Faller, Raymond) (Entered: 02/29/2008)
03/01/2008400 Amended MOTION for Acquittal by Steven P. Pugh. (Faller, Raymond) (Entered: 03/01/2008)
03/03/2008  Notice of Correction re: 399 MOTION for Acquittal. Clerk removed pdf. Document identified as an Order Dismissing Indictment signed by Judge Michael Watson in 1:05-cr-133. Counsel advised that if this document should be filed in support of the Motion for Acquittal (Doc. 400), counsel is directed to re-file this document as a Notice (Other) and link the document back to Document Number 400. (tt1, ) (Entered: 03/03/2008)
03/03/2008401  MOTION for Forfeiture of Property (Preliminary Order) by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Kadon, Karl) (Entered: 03/03/2008)
03/04/2008402  MOTION for Bond (to Modify Bond Conditions) by Harriet Warshak. (Pinales, Martin) (Entered: 03/04/2008)
03/04/2008403 ORDER AMENDING CONDITIONS OF PRETRIAL SUPERVISION as to Steven E Warshak. Pursuant to the Status Conference held 2/28/2008, the Court hereby AMENDS the conditions of pretrial supervision as contained in Defendant's Appearance Bond 18 as follows: (1) Deft shall report to Pretrial Services as directed; (2) Defendant shall submit to drug testing as directed by Pretrial Services; and (3) Defendant's travel is restricted to the Southern District of Ohio. All other conditions of pretrial Release contained in the Appearance Bond 18 remain unchanged. Signed by Judge S Arthur Spiegel on 3/3/2008. (km1, ) (Entered: 03/04/2008)
03/04/2008404  MOTION for Acquittal by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) Modified docket text on 3/4/2008 (scot1, ). (Entered: 03/04/2008)
03/04/2008  Notice of Correction as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 404 MOTION for Acquittal: Document was a two part motion only filed using one event. Attorney to refile same document as Motion for new trial. (scot1, ) (Entered: 03/04/2008)
03/04/2008405  MOTION for New Trial of Defendants Steven Warshak, Berkeley Premium Nutraceuticals, Inc., & TCI Media, Inc. (Weinberg, Martin) Modified on 3/5/2008 - To edit docket text (tt1, ). (Entered: 03/04/2008)
03/04/2008406 NOTICE to Court Regarding Processing as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit A) (Goldstein, Robert) (Entered: 03/04/2008)
03/04/2008408 ORDER denying 396 Motion to Seal Transcript of 2/28/2008 Conference with the Court as to Steven E Warshak (1). The Court instructs the Court reporter, before placing the transcript on the record, to REDACT portions of the transcript, which the Court has highlighted as follows: page 11, lines 19 and 20; page 19, lines 19 to 25; page 20, lines 1 to 4 and 9 to 14; page 42, line 17; and page 52, lines 19-22. Signed by Judge S Arthur Spiegel on 3/4/2008. (km1, ) (Entered: 03/04/2008)
03/05/2008409 NOTICE of Filing of Merchant Processing Documents by Steven Warshak and Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit) (Fleisher, James) (Entered: 03/05/2008)
03/05/2008410  MOTION for Bond [MOTION OF THE UNITED STATES FOR REVIEW OF DEFENDANT STEVEN WARSHAK'S BOND] by USA as to Steven E Warshak. (Kadon, Karl) (Entered: 03/05/2008)
03/05/2008411 RESPONSE in Opposition by Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 393 Emergency MOTION emergency motion for authorization to execute agreement for International Merchant Processing or for other appropriate relief (Porter, Anne) (Entered: 03/05/2008)
03/05/2008412 Defendants' Opposition to the Appointment of a Receiver by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) Modified on 3/6/2008 - To edit docket text. Document is not a motion (tt1, ). (Entered: 03/05/2008)
03/05/2008  Minute Entry for proceedings held before Judge S Arthur Spiegel:In-Court Hearing as to Steven E Warshak held on 3/5/2008. Defendant present with counsel. Opening remarks re posture of current issues pertaining to continued business operations and possible appointment of receiver made by the Court. Arguments of counsel heard. The Court Orders parties to work toward establishing a viable business management plan which is acceptable to the United States. The parties are to report to the Court on 3/7/2008 at 11:00 AM as to the status of this business management plan. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 03/05/2008)
03/06/2008413  MOTION to Set Aside Forfeiture Verdicts as to Steven E Warshak, TCI Media, Inc., and Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) Modified on 3/7/2008 - To edit party filers (tt1, ). (Entered: 03/06/2008)
03/06/2008414  MOTION for New Trial ON ALL FORFEITURE ISSUES as to Steven E Warshak, TCI Media, Inc., and Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) Modified on 3/7/2008 - To edit party filers (tt1, ). (Entered: 03/06/2008)
03/06/2008415  MOTION to Set Aside Forfeiture Verdicts, MOTION for New Trial On All Forfeiture Issues by Harriet Warshak. (Pinales, Martin) (Entered: 03/06/2008)
03/06/2008416 NOTICE OF ATTORNEY APPEARANCE: John Henry Phillips appearing for Berkeley Premium Nutraceuticals, Inc. (Phillips, John) (Entered: 03/07/2008)
03/07/2008417 Emergency MOTION COURT APPROVAL TO PROCEED IWTH CREDIT CARD PROCESSING AND TO IMPLEMENT MANAGEMENT OVERSIGHT BOARD / BOARD OF DIRECTORS IN LIEU OF COURT APPOINTED RECEIVERSHIP by Berkeley Premium Nutraceuticals, Inc.. (Phillips, John) (Entered: 03/07/2008)
03/07/2008418 PRELIMINARY ORDER OF FORFEITURE as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. Signed by Judge S Arthur Spiegel on 3/8/2008. (km1, ) (Entered: 03/07/2008)
03/07/2008419  MOTION to Vacate PRELIMINARY ORDER OF FORFEITURE by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) (Entered: 03/07/2008)
03/07/2008  Minute Entry for proceedings held before Judge S Arthur Spiegel:In-Court Hearing as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. held on 3/7/2008. Opening remarks made by Court. Arguments heard re Defendants' Proposed Management Plan and establishing offshore credit card processor heard. Matter taken under advisement with written Order of the Court to follow. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 03/07/2008)
03/07/2008420 ORDER - pursuant to jury verdict against the Defendants in the forfeiture proceedings in this matter on 2/22/2008 387 389 , the Court ORDERS the government to file a memorandum on forfeiture by 4/2/2008. Defendants may respond within 21 days, in accordance with Local Rule 7.2. The Court further sets a hearing on this matter for 5/6/2008 at 9:30 AM. Signed by Judge S Arthur Spiegel on 3/7/2008. (km1, ) (Entered: 03/07/2008)
03/07/2008421 ORDER granting in part and denying in part 417 Motion for Court Approval to Proceed with Credit Card Processing and to Implement Management Oversight Board/Board of Directors in Lieu of Court Appointed Receivership as follows: (1) Defendants are authorized to enter into a credit card processing agreement with B+S Card Service GmbH ("B+S"); (2) Defendants are not authorized to transfer any funds to B+S to set up a reserve. Per Defendants' representation in Court,any B+S reserve will be generated from future sales, and Defendants' agreement with B+S shall require that any payout or distribution from the B+S reserve will only be made to MEDIA WAVE LTD, Berkeley Premium Nutraceuticals operatingaccount number ending in "9120," at the Fifth Third Bank in Cincinnati, Ohio;(3) No existing reserves held by First Regional Bank or by any other entity shall be moved outside of the United States; (4) The Management Team of Berkeley shall consist of Jason Broome, Charles Kubicki, and Alvin Pearlman; (5) The Management Team will have the discretion to employ those individuals who have knowledge of the operation of the business; (6) The Court finds it appropriate to appoint a third party, in no way connected with any of the parties in any fashion, to serve as a Monitor. The Court hereby appoints Richard D. Nelson, Esq., recommended by the government, as Monitor. The Monitor shall be compensated at the rate of $250 per hour; (7) The Monitor shall review the policies and the practices put in place by the Management Team to continue the operation of the corporation and its business. All compensation paid to Berkeley employees shall be subject to approval by the Monitor. The Monitor is authorized to seek domestic credit card processing for Berkeley. The Monitor will advise the Court and the government periodically concerning the operations of Berkeley. Signed by Judge S Arthur Spiegel on 3/7/2008. (km1, ) (Entered: 03/07/2008)
03/08/2008422  Response in Opposition to Government's Motion to Detain Him Pending Sentencing 410 by Steven E Warshak. (Attachments: # 1 Exhibits A & B) (Weinberg, Martin) Modified on 3/10/2008 - To edit docket text and create hyperlink. Document is not a motion (tt1, ). (Entered: 03/08/2008)
03/11/2008423 NOTICE OF HEARING ON MOTION in case as to Steven E Warshak re 410 MOTION for Review of Defendant Steven Warshak's Bond: Bond Review Hearing set for 3/13/2008 02:00 PM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 03/11/2008)
03/11/2008424 REDACTED TRANSCRIPT of Proceedings (In-Chambers Conference) as to Steven E Warshak held on 2/28/2008 before Judge S. Arthur Spiegel. Court Reporter: Jodie Perkins (Official). (km1, ) (Entered: 03/11/2008)
03/12/2008425 NOTICE OF HEARING as to Steven E Warshak, Harriet Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Hearing re Forfeiture 420 RESET for 5/14/2008 03:00 PM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 03/12/2008)
03/12/2008426 RESPONSE by Plaintiff USA UNOPPOSING 402 MOTION for Bond as to Defendant Harriet Warshak(to Modify Bond Conditions) (Porter, Anne) Modified on 3/13/2008 - To edit docket text (tt1, ). (Entered: 03/12/2008)
03/12/2008427 REPLY TO RESPONSE to Motion 410 by Plaintiff USA as to Steven E Warshak re 422 Opposition to Government's Motion to Detain Him Pending Sentencing (Kadon, Karl) Modified on 3/13/2008 - To clarify docket text and create additional hyperlink (tt1, ). (Entered: 03/12/2008)
03/12/2008428 ORDER granting 402 Motion to Modify Bond Conditions as to Harriet Warshak (2). Defendants Appearance Bond executed on 9/28/2006 20 is AMENDED to permit travel to Walton, Kentucky for the purpose of visiting grandchildren. All other conditions of pretrial release contained in the Appearance Bond 20 remain unchanged. Signed by Judge S Arthur Spiegel on 3/12/2008. (km1, ) (Entered: 03/12/2008)
03/12/2008429 ORDER re Court Order of 3/7/2008 421 . Due to the lack of cooperation from B+S Card Service GmbH, the Order is modified only with regard to the credit card processing service as follows: (1) Defendants are authorized to enter into a credit card processing agreement with E-Commerce Risk Management Limited of London England, with the assistance of HSBC-London ("E-Commerce/HSBC"), under the same terms and conditions as provided in the Court's previous Order 421 ; (2) as was set forth in this Court's previous Order, Defendants are not authorized to transfer any funds to E-Commerce/HSBC to set up a reserve. Any E-Commerce/HSBC reserve will be generated from future sales, and Defendants' agreement with E-Commerce/HSBC shall require that any payout or distribution from the E-Commerce/HSBC reserve will only be made to MEDIA WAVE, LTD, Berkeley Premium Nutraceuticals operating account number ending in "9120" at the Fifth Third Bank in Cincinnati, Ohio. Signed by Judge S Arthur Spiegel on 3/12/2008. (km1, ) (Entered: 03/12/2008)
03/13/2008430 RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 419 MOTION to Vacate Preliminary Order of Forfeiture (Porter, Anne) (Entered: 03/13/2008)
03/13/2008431 REPLY to RESPONSE by Defendants Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. re 419 MOTION to Vacate RELATED TO DOCUMENT 427 - NOT AVAILABLE AT TIME OF FILING ON PACER (Phillips, John) Modified on 3/14/2008 to edit text (srj1, ). (Entered: 03/13/2008)
03/13/2008  Minute Entry for proceedings held before Judge S Arthur Spiegel:Motion Hearing as to Steven E Warshak held on 3/13/2008 re 410 MOTION for Review of Defendant Steven Warshak's Bond filed by USA. Defendant present with counsel. Arguments heard. The Court Orders in open Court that United States' motion 410 is DENIED. Defendant Steven Warshak shall be permitted to remain free on bond pending sentencing and will be permitted to travel between his home in San Diego County, California and the Southern District of Ohio. Pretrial Services in the S. D. of Ohio is directed to make arrangements with Pretrial Services in the S. D. of California (San Diego) for weekly reporting procedures for the Defendant. (Court Reporter Julie Wolfer (Official).) (km1, ) (Entered: 03/13/2008)
03/13/2008432 OPINION AND ORDER denying 410 Motion for Review of Defendant Steven Warshak's Bond as to Steven E Warshak (1). Defendant Warshak shall be permitted to remain free on bond pending sentencing, and will be permitted to travel between his home in San Diego County, California, and the Southern District of Ohio. Defendant must comply with the reporting requirements imposed by the Court with the appropriate agencies. Signed by Judge S Arthur Spiegel on 3/13/2008. (km1, ) (Entered: 03/13/2008)
03/13/2008433 ORDER as to Steven E Warshak. Pursuant to the bond review hearing held before this Court on 3/13/2008, and the subsequent Order issued 432 , theCourt hereby AMENDS the conditions of pretrial supervision as contained in Defendants Appearance Bond 18 as follows: (1) Defendant shall report to Pretrial Services as directed; (2) Defendant shall submit to drug testing as directed by Pretrial Services; (3) Defendant is restricted from obtaining a passport; and (4) Defendant shall report to Pretrial Services servingSan Diego County, California as directed. The condition which restricted Defendants travel to the Southern District of Ohio is hereby LIFTED as set forth in this Courts previous Order 432 . All other conditions of pretrial release contained in the Appearance Bond 18 remain unchanged. Signed by Judge S Arthur Spiegel on 3/13/2008. (km1, ) (Entered: 03/13/2008)
03/17/2008434 NOTICE of Appeal as to Steven E Warshak, Harriet Warshak, TCI Media, Inc. (Weinberg, Martin) (Entered: 03/17/2008)
03/18/2008435 Emergency MOTION TO MODIFY EXISTING ORDER TO ALLOW BERKELEY PREMIUM NUTRACEUTICALS, INC. TO BEGIN CREDIT CARD PROCESSING re 421 Order on Motion for Miscellaneous Relief and 429 Order by Berkeley Premium Nutraceuticals, Inc. (Phillips, John) Modified to corect docket text on 3/19/2008 (mr1, ). (Entered: 03/18/2008)
03/18/2008436 ORDER further amends Court Orders of 3/7/2008 421 Order on Motion for Miscellaneous Relief and 3/12/08 429 Order only with regard to the credit card processing service to allow the Def. Berkeley Premium Nutraceuticals, Inc. to enter into a credit card processing agreement with the following credit processor as follows: (1) Defs are authorized to enter into credit card processing agreement with Wirecard Payment Solutions Limited of Dublin Ireland (WPSL) with assistance of Wirecard Bank AG of London England (WBAG) - Any material modification in the agreement that differs from draft must be specifically approved by further Court Order; (2) Def are not authorized to transfer funds to WPSL/WBAG to set up a reserve. Any reserve will be generated from future sales, and Def agreement with WPSL/WBAG shall require that any payout or distribution from the WPSL/WBAG reserve will be made to MEDIA WAVE LTD, Berkley Premium Pharmaceuticals operating account # ending in 9120 at 5th/3rd in Cincinnati, Ohio; (3) No existing reserves held at First Regional Bank or by any other entity shall be moved outside the U.S. Signed by Chief Judge Sandra S Beckwith on 03/18/08. (mr1, ) (Entered: 03/19/2008)
03/19/2008437 ORDER as to 420 Order. The Court finds it appropriate to further instruct the parties that their submissions on the question of forfeiture as to each asset or portion of asset should be in the form of proposed findings of fact and conclusion of law. The findings of fact should cite to documentary or testimonial evidence in the record. Signed by Judge S Arthur Spiegel on 03/19/08. (mr1, ) (Entered: 03/19/2008)
03/25/2008438 RESPONSE in Opposition by Plaintiff USA, Defendant Steven P. Pugh as to Steven P. Pugh re 400 MOTION for Acquittal (Porter, Anne) Modified Docket Text to Correct Link to Appropriate Motion on 3/25/2008 (km1, ). (Entered: 03/25/2008)
03/25/2008439 RESPONSE in Opposition by Plaintiff USA, Defendant Paul J. Kellogg as to Paul J. Kellogg re 395 First MOTION for Judgment NOV /Motion for Judgment of AcquittalFirst MOTION for New Trial (Porter, Anne) (Entered: 03/25/2008)
03/27/2008440 RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 404 MOTION for Acquittal, 405 MOTION for New Trial of Defendants Steven Warshak, Berkeley Premium Nutraceuticals, Inc., & TCI Media, Inc. (Porter, Anne) (Entered: 03/27/2008)
03/31/2008441 RESPONSE in Opposition by Plaintiff USA, Defendant Harriet Warshak as to Harriet Warshak re 398 MOTION for Acquittal MOTION for New Trial (Porter, Anne) (Entered: 03/31/2008)
04/01/2008442 NOTICE of Appearance as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Nelson, Richard) (Entered: 04/01/2008)
04/02/2008443 RESPONSE in Opposition by Plaintiff USA, Defendant Steven E Warshak as to Steven E Warshak re 414 MOTION for New Trial ON ALL FORFEITURE ISSUES (Wiethe, Donetta) (Entered: 04/02/2008)
04/02/2008444 RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 413 MOTION to Set Aside Forfeiture (Porter, Anne) (Entered: 04/02/2008)
04/02/2008445 Response to Court Request for Findings of Fact and Conclusions of Law as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Affidavit of Alejandro E. Almaguer, # 2 Book 1 Index and Contents, # 3 Exhibit CAF-A, # 4 Binder I Tab A, # 5 Binder I Tab B, # 6 Binder I Tab C, # 7 Binder I Tab D, # 8 Binder I Tab E, # 9 Binder I Tab F, # 10 Binder I Tab G, # 11 Binder I Tab H, # 12 Binder I Tab I, # 13 Binder I Tab J, # 14 Binder I Tab K, # 15 Binder I Tab L, # 16 Binder II Index and Contents, # 17 Binder II 5130 Rollman Estates, # 18 Binder II 5140 Rollman Estates, # 19 Binder II 5150 Rollman Estates, # 20 Binder II 7027 Beech Hollow, # 21 Binder II 5758 San Elijo, # 22 Binder II 7701 Sagamore, # 23 Binder II 2004 Grand Cherokee, # 24 Binder II Yukon Denali) (Porter, Anne) (Entered: 04/02/2008)
04/02/2008446 Response re 445 Response (non motion), Response (non motion), Response (non motion), Response (non motion) Continuation of Attachments to Findings of Fact and Conclusions of Law as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Binder II Hallmark Homes Part I, # 2 Binder II Hallmark Homes Part II, # 3 Binder II Fifth Third Bank Acct. 8440 Part I, # 4 Binder II Fifth Third Bank Acct. 8440 Part II, # 5 Binder II Knothead Clothing Co., # 6 Binder II Strong Foundations, Inc. Part I, # 7 Binder II Strong Foundations, Inc. Part II, # 8 Binder II Ohio Tuition Trust, # 9 Binder II Ohio Tuition BBB3, # 10 Ohio Tuition 5408, # 11 Ohio Tuition 4203, # 12 Binder II 8153 Darlene Terrace, # 13 Binder II A/R CJ Eagler, # 14 Binder II A/R Brian Giebel, # 15 Binder II A/R Richard Golden) (Porter, Anne) (Entered: 04/02/2008)
04/03/2008447 NOTICE REGARDING CREDIT CARD PROCESSING AND REQUEST FOR MODIFICATION OF ORDER, IF DEEMED NECESSARY BY THE COURT as to Berkeley Premium Nutraceuticals, Inc. re 436 Order. (Phillips, John) Modified to correct text on 4/4/2008 (mr1, ). (Entered: 04/03/2008)
04/07/2008448  MOTION re 440 Response in Opposition, Motion for Leave to File Reply to Response of the United States in Opposition to Defendants' Motion for Judgment of Acquittal & for New Trial Which Exceeds Ten Pages in Length by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Reply to Response) (Weinberg, Martin) (Entered: 04/07/2008)
04/08/2008449 RESPONSE in Opposition by Plaintiff USA, Defendant Harriet Warshak as to Harriet Warshak re 415 MOTION to Set Aside Forfeiture Verdicts MOTION for New Trial On All Forfeiture Issues (Porter, Anne) (Entered: 04/08/2008)
04/08/2008450 Response re 447 Notice (Other) Memorandum in Response to Notice Regarding Credit Card Processing and Request for Modification of Order, if Deemed Necessary by the Court as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Kadon, Karl) (Entered: 04/08/2008)
04/10/2008451 ORDER granting 448 Motion for Leave to File a Reply Memorandum in Support of their Motion for Judgment of Acquittal and for New Trial in Excess of Ten Pages in Length as to Steven E Warshak (1), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 4/9/2008. (km1, ) (Entered: 04/10/2008)
04/10/2008452 REPLY TO RESPONSE to Motion by Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 404 MOTION for Acquittal, 405 MOTION for New Trial of Defendants Steven Warshak, Berkeley Premium Nutraceuticals, Inc., & TCI Media, Inc. Defendants' Reply to Response of the United States in Opposition to Motion for Judgment of Acquittal & for New Trial (Weinberg, Martin) (Entered: 04/10/2008)
04/10/2008453 REPLY TO RESPONSE to Motion by Defendants Paul J. Kellogg, Paul J. Kellogg as to Paul J. Kellogg re 395 First MOTION for Judgment NOV /Motion for Judgment of AcquittalFirst MOTION for New Trial (Attachments: # 1 Exhibit) (Fleisher, James) (Entered: 04/10/2008)
04/14/2008454  MOTION for Extension of Time to File New date requested 4/16/2008. Defendants' Motion for Extension of Time to File Replies to Government's Responses Regarding Motions Challenging Forfeiture Verdicts by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) (Entered: 04/14/2008)
04/14/2008455  MOTION for Extension of Time to File New date requested 4/28/2008. PSR Objections by Harriet Warshak. (Attachments: # 1 Text of Proposed Order) (Pinales, Martin) (Entered: 04/14/2008)
04/15/2008456 NOTATION ORDER granting 454 Motion for Extension of Time to File Replies to Government's Responses Regarding Motions Challenging Forfeiture Verdicts as to Steven E Warshak (1), TCI Media, Inc.(7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 4/15/2008. (km1, ) (Entered: 04/15/2008)
04/15/2008457 ORDER granting 455 Motion for Extension of Time to File Objections to the Presentence Investigation Report as to Harriet Warshak (2). The Court hereby extends the deadline for submission of objections to the Initial Presentence Investigation Report from 4/14/2008 until 4/28/2008. The Court further EXTENDS the deadline for submission of the Final Presentence Investigation Report to the Court from 5/5/2008 until 5/19/2008. Signed by Judge S Arthur Spiegel on 4/15/2008. (km1, ) (Entered: 04/15/2008)
04/16/2008458 REPLY TO RESPONSE to Motion by Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 414 MOTION for New Trial Defendants' Reply to Government's Response in Opposition to Motion of Defendants Steven Warshak, Berkeley Premium Nutraceuticals & TCI Media, Inc. for a New Trial on All Forfeiture Issues. (Attachments: # 1 Exhibit A) (Weinberg, Martin) (Entered: 04/16/2008)
04/16/2008459 REPLY TO RESPONSE to Motion by Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 413 MOTION to Set Aside Forfeiture Verdicts (Weinberg, Martin) (Entered: 04/16/2008)
04/16/2008460 NOTICE of Appearance of Interested Party John B. Hall as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Phillips, John) (Entered: 04/16/2008)
04/16/2008461 VERIFIED CLAIM/PETITION of John B. Hall, Managing Member, Hallmark Homes LLC re 418 Preliminary Order of Forfeiture seeking Return of (1) Funds in the amount of $158,204.26 seized from Fifth Third Bank Account No. Ending in 7094, on January 30, 2006; (2) Funds in the amount of $151,792.92 seized from Fifth Third Bank Account No. Ending in 7094, on January 31, 2006; and (3) Funds in the amount of $152,532.91, proceeds from sale of property at 8163 Darlene Terrace, Middletown, Ohio, seized on February 15, 2006 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Phillips, John) Modified Docket Text on 4/17/2008 (km1, ). (Entered: 04/16/2008)
04/17/2008462  MOTION for Extension of Time to File New date requested 6/2/2008. FOR PROBATION TO FILE FINAL PRESENTENCE REPORTS by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) (Entered: 04/17/2008)
04/17/2008463 NOTICE of Status of Credit Card Processing Agreements as to Berkeley Premium Nutraceuticals, Inc. (Phillips, John) (Entered: 04/17/2008)
04/18/2008464  MOTION for Extension of Time to File New date requested 4/30/2008. MOTION FOR EXTENSION OF TIME TO FILE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATIVE TO ASSET FORFEITURE by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) (Entered: 04/18/2008)
04/18/2008465 NOTICE of Verified Petition Contesting Forfeiture Pursuant to 21 U.S.C. Sec. 853(n) as to Paul J. Kellogg (Fleisher, James) (Entered: 04/18/2008)
04/19/2008466 NOTICE of Appearance of Interested Party, Carri Warshak On Behalf Of Herself Individually And As Guardian, Mother And Next Friend Of Her Minor Children, Michael Oswald, Age 16; Jesse Warshak, Age 8; Anna Warshak, Age 6; And Nicholas Warshak, Age 3 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Phillips, John) (Entered: 04/19/2008)
04/19/2008467 NOTICE OF VERIFIED PETITION OF CARRI WARSHAK ON BEHALF OF HERSELF INDIVIDUALLY AND AS GUARDIAN, MOTHER AND NEXT FRIEND OF HER MINOR CHILDREN, MICHAEL OSWALD, AGE 16; JESSE WARSHAK, AGE 8; ANNA WARSHAK, AGE 6; AND NICHOLAS WARSHAK, AGE 3 AS TO REAL PROPERTY, BANK ACCOUNTS, INVESTMENT ACCOUNTS, AND INSURANCE POLICY as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Phillips, John) (Entered: 04/19/2008)
04/21/2008468 NOTICE of Verified Petition of Paul J. Kellogg, Trustee, Contesting Forfeiture Pursuant to 21 U.S.C. Sec. 853(n) as to Paul J. Kellogg (Fleisher, James) (Entered: 04/21/2008)
04/21/2008469 REPLY TO RESPONSE to Motion by Defendants Harriet Warshak, Harriet Warshak as to Harriet Warshak re 398 MOTION for Acquittal MOTION for New Trial (Crouse, Candace) (Entered: 04/21/2008)
04/21/2008  Notice of Correction: Document previously identified as doc 465, NOTICE of Verified Petition Contesting Forfeiture Pursuant to 21 U.S.C. Sec. 853(n) has been removed by Clerk due to missing Certificate of Service. Counsel to refile. (srj1) (Entered: 04/22/2008)
04/22/2008470 ORDER granting 462 Motion for Extension of Time Until 6/2/2008 for Submission of the Final Presentence Investigations Reports as to Steven E Warshak (1), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 4/22/2008. (km1, ) (Entered: 04/22/2008)
04/22/2008  Set/Reset Deadlines as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Final Presentence Investigation Report due by 6/2/2008. (km1, ) (Entered: 04/22/2008)
04/22/2008471 ORDER granting 464 Motion for Extension of Time to File Until 4/30/2008 in Which to File Proposed Findings of Fact and Conclusions of Law Relative to Asset Forfeiture as to Steven E Warshak (1), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). The Hearing as to Asset Forfeiture previously set for 5/14/2008 at 3:00 PM REMAINS AS SCHEDULED. Signed by Judge S Arthur Spiegel on 4/22/2008. (km1, ) (Entered: 04/22/2008)
04/23/2008472  MOTION for Extension of Time to File New date requested 6/2/2008. Probation to File Final Presentence Report by Paul J. Kellogg. (Fleisher, James) (Entered: 04/23/2008)
04/23/2008473 MOTION for Extension of Time Until 4/25/2008 to File Proposed Findings of Fact and Conclusions of Law re Asset Forfeiture by Harriet Warshak. (Pinales, Martin) Modified Docket Text to clarify on 4/24/2008 (km1, ). (Entered: 04/23/2008)
04/24/2008474 ORDER granting 472 Motion for Extension of Time Until 6/2/2008 for Submission of the Final Presentence Investigation Report as to Paul J. Kellogg (3). Signed by Judge S Arthur Spiegel on 4/24/2008. (km1, ) (Entered: 04/24/2008)
04/24/2008475 ORDER granting 473 Motion for Extension of Time Until 4/25/2008 to File Proposed Findings of Fact and Conclusions of Law re Asset Forfeiture as to Harriet Warshak (2). The Hearing as to Asset Forfeiture previously set for 5/14/2008 at 3:00 PM REMAINS AS SCHEDULED. Signed by Judge S Arthur Spiegel on 4/24/2008. (km1, ) (Entered: 04/24/2008)
04/24/2008  Set/Reset Deadlines as to Paul J. Kellogg: Final Presentence Investigation Report due by 6/2/2008. (km1, ) (Entered: 04/24/2008)
04/24/2008476 Certificate of Service to Petitioners re 418 Preliminary Order of Forfeiture by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit A) (Porter, Anne) Modified Docket Text on 4/28/2008 (km1, ). (Entered: 04/24/2008)
04/25/2008477 Notice of PSI Transmittal to Judicial Officer as to Steven P. Pugh. (mr1, ) (Entered: 04/25/2008)
04/25/2008478 Response Harriet Warshak's Proposed Findings of Fact and Conclusions of Law Regarding Forfeiture as to Harriet Warshak (Attachments: # 1 Exhibit Tax Return, # 2 Exhibit Check) (Pinales, Martin) (Entered: 04/25/2008)
04/30/2008479 Response of Countrywide Home Loans as to Steven E Warshak (Purtell, William) (Entered: 04/30/2008)
04/30/2008480 NOTICE of Claim of Countrywide Home Loans, Inc. as to Steven E Warshak (Purtell, William) (Entered: 04/30/2008)
04/30/2008481 Proposed Finding of Fact and Conclusions of Law on Asset Forfeiture and Response re 445 United States' Proposed Findings of Fact and Conclusions of Law on Asset Forfeiture as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Weinberg, Martin) Modified Docket Text to Clarify on 5/1/2008 (km1, ). (Entered: 04/30/2008)
05/02/2008482 NOTICE OF HEARING as to Steven P. Pugh: Sentencing set for 8/26/2008 10:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 05/02/2008)
05/02/2008483 NOTICE OF HEARING as to Paul J. Kellogg: Sentencing set for 8/26/2008 10:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 05/02/2008)
05/02/2008484 NOTICE OF HEARING as to Harriet Warshak: Sentencing set for 8/27/2008 02:00 PM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 05/02/2008)
05/02/2008485 NOTICE OF HEARING as to Steven E Warshak, TCI Media, Inc. and Berkeley Premium Nutraceuticals, Inc.: Sentencing set for 8/28/2008 10:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 05/02/2008)
05/06/2008486 First MOTION for Hearing re Validity of Third-Party Interest in Forfeiture Property by Countrywide Home Loans Inc as to Steven E Warshak. (Purtell, William) Modified Docket Text on 5/7/2008 (km1, ). (Entered: 05/06/2008)
05/08/2008487 ***REMOVED DUE TO FILING ERROR***MOTION to Amend/Correct 418 Order for Forfeiture of Property to Include Proceeds and Money Laundering Money Judgments and Substitute assets by USA as to Steven E Warshak. (Attachments: # 1 Exhibit Forfeiture Money Laundering Spreadsheet) (Porter, Anne) Modified Docket Text on 5/9/2008 (km1, ). (Entered: 05/08/2008)
05/09/2008  Notice of Correction as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re: 487 MOTION to Amend/Correct 418 Order for Forfeiture of Property to Include Proceeds and Money Laundering Money Judgments and Substitute assets. Motion deleted from docket at the request of counsel due to filing error. Corrected motion to be re-filed. (km1, ) (Entered: 05/09/2008)
05/09/2008488  MOTION to Amend/Correct 418 Order for Forfeiture of Property to Include Proceeds and Money Laundering Money Judgments and Substitute assets by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit Forfeiture Money Laundering Spreadsheet) (Porter, Anne) (Entered: 05/09/2008)
05/09/2008489 TRANSCRIPT of Proceedings (Opening Statements of Jury Trial) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 1/9/2008 before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008490 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/10/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008491 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/10/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official; pgs 120-199); Wendee Goodyear (pgs 200-234). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008492 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held 1/11/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel (Official). Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008493 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/11/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official; pgs 342-400); Wendee Goodyear (pgs 401-460). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008494 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/15/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008495 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/15/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official); pgs 693-641)); Wendee Goodyear (pgs 642-717). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008496 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/16/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008497 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/16/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Wendee Goodyear (pgs 843-985). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008498 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held 1/17/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008499 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/17/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs 1078-1134); Wendee Goodyear (pgs 1135-1201). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008500 TRANSCRIPT of Proceedings (Jury Trial Morning and Afternoon Session) held on 1/18/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008501 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held 1/22/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008502 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/22/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs 1423-1485); Wendee Goodyear (pgs 1486-1546). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008503 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/23/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008504 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/23/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs 1629-1700); Wendee Goodyear (pgs 1701-1751). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008505 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/24/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008506 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/24/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs 1862-1926); Wendee Goodyear (pgs 1927-1980). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008507 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/25/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008508 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/25/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008509 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/29/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008510 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/29/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs 2347-2409); Wendee Goodyear (pgs 2410-2472). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008511 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/30/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008512 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/30/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs 2588-2648); Wendee Goodyear (pgs 2649-2713). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008513 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 1/31/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/09/2008514 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 1/31/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/30/2008. Redacted Transcript Deadline set for 6/9/2008. Release of Transcript Restriction set for 8/7/2008. (km1, ) (Entered: 05/09/2008)

05/12/2008515 NOTICE of Proof of Publication as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Affidavit of Allen Martin) (Porter, Anne) (Entered: 05/12/2008)
05/12/2008516 Certificate of Service by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to potential third party petitioner, Countrywide Home Loans, Inc. (Attachments: # 1 Exhibit Countrywide Direct Notice) (Porter, Anne) (Entered: 05/12/2008)
05/13/2008517  MOTION Request for Permission to Call Witnesses at Forfeiture Hearing Defendants' Request for Permission to Call Witnesses at Forfeiture Hearing by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (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) (Weinberg, Martin) (Entered: 05/13/2008)
05/13/2008518 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/1/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008519 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 2/1/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Wendee Goodyear (pgs 2995-3112). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008520 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/5/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008521 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 2/5/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs. 3239-3307); Wendee Goodyear (pgs 3308-3388). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008522 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/6/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008523 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 2/6/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs. 3500-3566); Wendee Goodyear (pgs 3567-3572). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008524 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/7/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008525 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 2/7/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (pgs 3647-3698); Wendee Goodyear (pgs 3699-3738). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008526 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/8/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008527 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 2/8/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008528 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 2/11/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008529 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/12/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008530 TRANSCRIPT of Proceedings (Motions Hearing) held on 2/12/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008531 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held 2/13/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008532 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/14/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008533 TRANSCRIPT of Proceedings (Jury Trial Afternoon Session) held on 2/14/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008534 TRANSCRIPT of Proceedings (Jury Trial Morning Session) held on 2/19/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008535 TRANSCRIPT of Proceedings (Jury Trial Forfeiture Phase Morning Session) held on 2/25/2008 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (no. pgs 109). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008536 TRANSCRIPT of Proceedings (Jury Trial Forfeiture Phase Afternoon Session) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008537 TRANSCRIPT of Proceedings (Redacted In-Chambers Conference) held on 2/28/2008 as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/3/2008. Redacted Transcript Deadline set for 6/13/2008. Release of Transcript Restriction set for 8/11/2008. (km1, ) (Entered: 05/13/2008)

05/13/2008539 OPINION AND ORDER denying 405 331 Motions for Judgment of Acquittal or for New Trial by Defendants Steven Warshak, Berkeley Premium Nutraceuticals and TCI Media; denying 395 Motion for Judgment of Acquittal or for New Trial by Defendant Harriet Warshak; denying 395 Motion for Judgment of Acquittal or for New Trial by Defendant Paul Kellogg; denying 400 Motion for Judgment of Acquittal by Defendant Steven Pugh; denying 419 Motion to Vacate Preliminary Order of Forfeiture by Defendants Steven Warshak, Berkeley Premium Nutraceuticals and TCI Media; denying 413 Motion to Set Aside Forfeiture Verdicts by Defendants Steven Warshak, Berkeley Premium Nutraceuticals and TCI Media; denying 414 Motion for New Trial on All Forfeiture Issues by Defendants Steven Warshak, Berkeley Premium Nutraceuticals and TCI Media; denying 415 Motion to Set Aside Forfeiture Verdicts or for New Trial on All Forfeiture Issues by Defendant Harriet Warshak. Signed by Judge S Arthur Spiegel on 5/13/2008. (km1, ) (Entered: 05/13/2008)
05/13/2008540 RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 517 MOTION Request for Permission to Call Witnesses at Forfeiture Hearing (Porter, Anne) (Entered: 05/13/2008)
05/14/2008541 ORDER denying 517 Motion for Permission to Call Witnesses at Forfeiture Hearing as to Steven E Warshak (1), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 5/14/2008. (km1, ) (Entered: 05/14/2008)
05/14/2008  Minute Entry for proceedings held before Judge S Arthur Spiegel:Forfeiture Hearing as to Steven E Warshak, Harriet Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 5/14/2008. Arguments of counsel re forfeiture heard. The Court will permit the Defendants to submit an additional brief regarding co-mingling of funds as to continuity by next week, with the government permitted to file a response. The Court will consider all forfeiture issues and make final forfeiture rulings at the time of sentencing. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 05/14/2008)
05/27/2008542 NOTICE Defendants Response to Court Inquiry Regarding Continuity Sales as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit) (Weinberg, Martin) (Entered: 05/27/2008)
05/28/2008543 RESPONSE to Motion by Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 488 MOTION to Amend/Correct 418 Order for Forfeiture of Property MOTION to Amend/Correct 418 Order for Forfeiture of Property (Weinberg, Martin) (Entered: 05/28/2008)
05/29/2008544 RESPONSE in Opposition by Defendants Paul J. Kellogg, Paul J. Kellogg as to Paul J. Kellogg re 488 MOTION to Amend/Correct 418 Order for Forfeiture of Property MOTION to Amend/Correct 418 Order for Forfeiture of Property (Fleisher, James) (Entered: 05/29/2008)
05/29/2008545 RESPONSE in Opposition by Defendants Harriet Warshak, Harriet Warshak as to Harriet Warshak re 488 MOTION to Amend/Correct 418 Order for Forfeiture of Property MOTION to Amend/Correct 418 Order for Forfeiture of Property (Crouse, Candace) (Entered: 05/29/2008)
06/03/2008546 Notice of PSI Transmittal to Judicial Officer as to Steven E Warshak (mr1, ) (Entered: 06/03/2008)
06/03/2008547 Notice of PSI Transmittal to Judicial Officer as to Harriet Warshak (mr1, ) (Entered: 06/03/2008)
06/03/2008548 Notice of PSI Transmittal to Judicial Officer as to Paul J. Kellogg. (mr1, ) (Entered: 06/03/2008)
06/03/2008549 Notice of PSI Transmittal to Judicial Officer as to TCI Media, Inc. (mr1, ) (Entered: 06/03/2008)
06/03/2008550 Notice of PSI Transmittal to Judicial Officer as to Berkeley Premium Nutraceuticals, Inc. (mr1, ) (Entered: 06/03/2008)
06/06/2008551 NOTICE of United States' Response to Defendants' Response to Court Inquiry 542 as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Porter, Anne) (Entered: 06/06/2008)
06/11/2008552 TRANSCRIPT of Proceedings (Motions Hearing re Forfeiture) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. held on 5/14/2008 before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official) (no. pages: 46). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 7/2/2008. Redacted Transcript Deadline set for 7/14/2008. Release of Transcript Restriction set for 9/9/2008. (km1, ) (Entered: 06/11/2008)

06/11/2008553 REPLY TO RESPONSE to Motion by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 488 MOTION to Amend/Correct 418 Order for Forfeiture of Property MOTION to Amend/Correct 418 Order for Forfeiture of Property (Porter, Anne) (Entered: 06/11/2008)
06/12/2008554  MOTION to Continue Sentencing Hearing by Harriet Warshak. (Attachments: # 1 Text of Proposed Order) (Crouse, Candace) (Entered: 06/12/2008)
06/17/2008555 ORDER granting 554 Motion to Continue Sentencing Date as to Harriet Warshak (2). The current sentencing date of 8/27/2008 is hereby VACATED and RE-SCHEDULED to 8/28/2008 at 10:00 AM, to coincide with the sentencing of her son and co-defendant Steven E. Warshak. Signed by Judge S Arthur Spiegel on 6/17/2008. (km1, ) (Entered: 06/17/2008)
06/17/2008556 NOTICE OF HEARING as to Harriet Warshak: Sentencing RESET for 8/28/2008 10:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 06/17/2008)
06/17/2008557 NOTICE of Apperance of Counsel for Claimant Bank of America, N.A. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Ulrich, Phyllis) (Entered: 06/17/2008)
06/17/2008558 Response re 418 Order for Forfeiture of Property Verified Petition and Request for Ancillary Hearing by Petitioner Bank of America, N.A. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit A-5, # 6 Exhibit B, # 7 Exhibit C-1, # 8 Exhibit C-2, # 9 Exhibit C-3, # 10 Exhibit C-4, # 11 Exhibit C-5) (Ulrich, Phyllis) (Entered: 06/17/2008)
06/18/2008559  MOTION for Release of Brady Materials Defendants' Motion for Brady Materials by Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit 1) (Weinberg, Martin) (Entered: 06/18/2008)
06/25/2008560  MOTION for Release of Brady Materials by Paul J. Kellogg as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Fleisher, James) (Entered: 06/25/2008)
06/25/2008561  MOTION for Hearing re Sentencing Evidentiary by Paul J. Kellogg. (Fleisher, James) (Entered: 06/25/2008)
06/27/2008562 RESPONSE to Motion by Plaintiff USA, Defendant Paul J. Kellogg as to Paul J. Kellogg re 561 MOTION for Hearing re Sentencing Evidentiary (Porter, Anne) (Entered: 06/27/2008)
07/01/2008563  MOTION to Travel by Steven P. Pugh. (Faller, Raymond) (Entered: 07/01/2008)
07/01/2008  Terminate Transcript Deadlines and Hearings as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: (cintemp1, ) (Entered: 07/01/2008)
07/01/2008564 RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 559 MOTION for Release of Brady Materials (Porter, Anne) (Entered: 07/01/2008)
07/02/2008565 ORDER granting 563 Motion to Travel as to Steven P. Pugh (5). Defendant is permitted to travel to Oswego, NY from 7/11/2008 through 7/14/2008 for the purposes of attending a memorial service. Signed by Judge S Arthur Spiegel on 7/2/2008. (km1, ) (Entered: 07/02/2008)
07/02/2008566 Certificate of Service by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. of 418 the Preliminary Order of Forfeiture on Potential Third Party Petitioners (Attachments: # 1 Exhibit) (Porter, Anne) (Entered: 07/02/2008)
07/03/2008567 RESPONSE in Opposition by Plaintiff USA, Defendant Paul J. Kellogg as to Paul J. Kellogg re 560 MOTION for Release of Brady Materials (Porter, Anne) (Entered: 07/03/2008)
07/03/2008568 NOTICE OF ATTORNEY APPEARANCE: Dennis Alan Lieberman appearing for Claimants JOHN HALL, HALLMARK HOMES, LLC (Lieberman, Dennis) Modified Docket Text on 7/7/2008 (km1, ). (Entered: 07/03/2008)
07/03/2008569 NOTICE OF ATTORNEY APPEARANCE: Dennis Alan Lieberman appearing for Steven E Warshak NOTICE OF APPEARANCE OF COUNSEL FOR CARRIE WARSHAK ON BEHALF OF HERSELF, INDIVIDUALLY AND AS GUARDIAN, MOTHER AND NEXT FRIEND OF HER MINOR CHILDREN, MICHAEL OSWALD, JESSE WARSHAK, ANNA WARSHAK AND NICHOLAS WARSHAK (Lieberman, Dennis) (Entered: 07/03/2008)
07/08/2008570 OPINION AND ORDER granting 488 Motion to Amend Preliminary Order of Forfeiture to Include Proceeds and Money Laundering Money Judgment and Assets as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8), such that the Defendants involved in the mail, wire, and bank fraud conspiracy are jointly and severallyliable for $459,540,000.00 in a proceeds money judgment and Defendants Steven Warshak, Harriet Warshak, and Paul Kellogg are jointly and severally liable for $44,876,781.68 in a money laundering judgment. Defendants further forfeit right, title, and interest to substitute property to the extent that directlyforfeitable property does not satisfy the money judgments. The Court DIRECTS the government to prepare and file forthwith such an amended Preliminary Order, consistent with this decision, for the Courts signature. The Court further ORDERS the government to provide the requisite public notice of the amended Preliminary Order so as to protect the interests of any third parties; granting 561 Motion for an Evidentiary Hearing with Regards to Sentencing Issues as to Paul J. Kellogg (3), and SETS such hearing for 8/26/2008 at 9:30 AM. Defendant shall file in advance of such hearing an affidavit of any witness he intends to use at such hearing. Finally, taking into account that sentencing in this matter will take place in late August, the Court ORDERS that any sentencing memoranda be filed by 8/1/2008.. Signed by Judge S Arthur Spiegel on 7/8/2008. (km1, ) (Entered: 07/08/2008)
07/09/2008571 NOTICE OF HEARING as to Steven P. Pugh: Sentencing RESET for 8/27/2008 02:00 PM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 07/09/2008)
07/09/2008572 NOTICE OF HEARING as to Paul J. Kellogg: Sentencing RESET for 8/27/2008 02:00 PM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 07/09/2008)
07/10/2008573 Joint MOTION FOR STAY OF MONEY JUDGMENT AND SUBSTITUTE ASSET ORDERS PENDING APPEAL WITH MEMORANDUM IN SUPPORT FILED by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Phillips, John) (Entered: 07/10/2008)
07/12/2008574  MOTION for Extension of Time to File Response/Reply New date requested 9/12/2008. Of Defendants' Cynthia And John Hall Individually, And John Hall As A Memeber Of Hallmark Homes, LLC; And Carrie Warshak Individually, And As Guardian For Her Children To Extend The Time In Which To Respond To Discovery Requests By The Government by Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Lieberman, Dennis) (Entered: 07/12/2008)
07/14/2008575  MOTION to File Reply Memorandum Under Seal by Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. (Weinberg, Martin) Modified on 7/15/2008 to edit text(srj1, ). (Entered: 07/14/2008)
07/15/2008576 REPLY TO RESPONSE to Motion by Defendants Steven E Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. re 559 MOTION for Release of Brady Materials Defendants' Redacted Reply to Government Response to Defendants' Motion for Brady (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Weinberg, Martin) (Entered: 07/15/2008)
07/15/2008577 ORDER granting 575 Motion for Leave to File Reply Memorandum In Support of Motion for Brady Materials Under Seal. Counsel for Defendants are hereby DIRECTED to submit their unredacted version of the reply memorandum to the Clerk of Court for manual filing under seal. Counsel shall also prepare and electronically file forthwith, a redacted version of their reply memorandum, which is suitable for public access on the Court's docket. Signed by Judge S Arthur Spiegel on 7/15/2008. (km1, ) (Entered: 07/15/2008)
07/16/2008579 SECOND PRELIMINARY ORDER OF FORFEITURE as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. Signed by Judge S Arthur Spiegel on 7/15/2008. (km1, ) (Entered: 07/16/2008)
07/16/2008580 Joint MOTION STIPULATION ALLOWING BERKELEY PREMIUM NUTRACEUTICALS, INC. TO UTILIZE FIFTH THIRD BANK ACCOUNT ENDING IN 9120 UNTIL FURTHER ORDER OF THE COURT re 579 Order for Forfeiture of Property by USA, Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Phillips, John) (Entered: 07/16/2008)
07/16/2008581 NOTICE Amended Notice of Claim as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit Legal Description) (Purtell, William) (Entered: 07/16/2008)
07/16/2008582 STIPULATION AND ORDER re 579 Second Preliminary Order of Forfeiture. The United States and Defendant Berkeley Premium Nutraceuticals Inc hereby stipulate and agree that with respect to Fifth Third Bank Account ending in 9120 listed in paragraph 1(b) of the Second Preliminary Order of Forfeiture, Berkeley Premium Nutraceuticals Inc may continue to make use of that account for operating expenses in the ordinary and necessary course of business and to otherwise maintain the status quo of the company as authorized by the Court in its Order of 3/7/2008 417 , as amended 436 until further Order of the Court. Signed by Judge S Arthur Spiegel on 7/16/2008. (km1, ) (Entered: 07/16/2008)
07/16/2008  Notice of Correction as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re: 580 MOTION/STIPULATION. This document has removed from the docket and re-filed as Stipulation and Order 582 subsequent to the approval and signature of the Court. (km1, ) (Entered: 07/16/2008)
07/17/2008583 NOTICE Certificate of Service re 581 Amended Notice of Claim as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Purtell, William) Modified Docket Text on 7/21/2008 (km1, ). (Entered: 07/17/2008)
07/22/2008584 ORDER re 559 MOTION for Release of Brady Materials. Inasmuch as Defendants have brought up new information in their Reply Memo 478 , the Court finds it appropriate to ask the government to file a SurReply on or before Friday, 8/1/2008. Such SurReply shall constitute the final briefing as to this issue.The Court further notes that in its review of the Probation Department's presentence reports, Defendants have raised numerous objections. So as to assist the Court in arriving at just sentences in this case, the Court finds it appropriate to request the government to advise the Court forthwith whether it plans to file Section 5K Motions for downward departures for any of thedefendants. Signed by Judge S Arthur Spiegel on 7/22/2008. (km1, ) (Entered: 07/22/2008)
07/23/2008585 NOTICE OF APPEAL as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 579 Order for Forfeiture of Property (Weinberg, Martin) Modified to update on 7/28/2008 (mr1, ). (Entered: 07/23/2008)
07/23/2008586 Joint MOTION for Reconsideration OF THIS COURTS OPINION AND ORDER DENYING JUDGMENT OF ACQUITTAL OR NEW TRIAL ON THE MONEY LAUNDERING COUNTS by Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit Cuellar Case) (Pinales, Martin) (Entered: 07/23/2008)
07/29/2008587 RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 574 MOTION for Extension of Time to File Response/Reply New date requested 9/12/2008. Of Defendants' Cynthia And John Hall Individually, And John Hall As A Memeber Of Hallmark Homes, LLC; And Carrie Warshak Individually, And As Guardian For Her C (Porter, Anne) (Entered: 07/29/2008)
07/29/2008588 ORDER re Sentencing Schedule as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Steven P. Pugh, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. The Court finds it appropriate to compress the calendar, and resets the sentencing schedule as follows: On Wednesday, 8/27/2008, all of the Defendants in this case, as well as all of those who entered pleas in the related cases, are to be present before the Court at 9:00 AM. Immediately after the Court addresses all of the parties, the Court shall commence with the sentencing of Defendants Steven Warshak, Berkeley Premium Nutraceuticals Inc., TCI Media Inc., and Harriet Warshak; on Thursday, 8/28/2008 at 9:30 AM, the Court will commence with the sentencing of James Teegarden, followed by that of Shelley Kinmon, Greg Cossman and Sue Cossman. In the afternoon, at 2:00 PM, the Court will sentence Defendant Steven Pugh, William Bertemes, Samuel Grote and Michael Wagner; on Friday, 8/29/2008 at 9:30 AM, the Court will sentence Defendant Paul Kellogg, The evidentiary hearing for Defendant Kellogg remains as previously scheduled for 8/26/2008 at 9:30 AM. Accordingly, the Court hereby VACATES the previous sentencing schedules and RESETS sentencing according to the schedule herein. Signed by Judge S Arthur Spiegel on 7/29/2008. (km1, ) (Entered: 07/29/2008)
07/29/2008589 NOTICE of Service of Subpoena as to Paul J. Kellogg (Attachments: # 1 Subpoena) (Fleisher, James) (Entered: 07/29/2008)
07/29/2008  Set/Reset Hearings as to Steven E Warshak, Harriet Warshak, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Sentencing RESET for 8/27/2008 09:00 AM in Courtroom 842 before Judge S Arthur Spiegel. Sentencings will commence with Defendant Harriet Warshak immediately after the Court addresses all of the parties. (km1, ) (Entered: 07/29/2008)
07/29/2008  Set/Reset Hearings as to Steven P. Pugh: Sentencing RESET for 8/28/2008 02:00 PM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 07/29/2008)
07/29/2008  Set/Reset Hearings as to Paul J. Kellogg: Sentencing RESET for 8/29/2008 09:30 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 07/29/2008)
07/29/2008590  MOTION for Extension of Time to File New date requested 8/11/2008. sentencing memorandum by Berkeley Premium Nutraceuticals, Inc.. (Goldstein, Robert) (Entered: 07/29/2008)
07/31/2008591  MOTION for Clarification of Sentencing Memo Deadline or in the Alternative, MOTION for Extension of Time to File New date requested 8/13/2008. by Harriet Warshak. (Crouse, Candace) (Entered: 07/31/2008)
08/01/2008592 RESPONSE in OPPOSITION to 591 MOTION for Clarification of Sentencing Memo Deadline or in the Alternative MOTION for Extension of Time to File New date requested 8/13/2008 and # 590 MOTION for Extension of Time to File New date requested 8/11/2008. Sentencing memorandum [Memorandum in Opposition to Defendants' Motions] filed by Plaintiff USA (Porter, Anne) Modified on 8/4/2008 to edit text (srj1, ). (Entered: 08/01/2008)
08/01/2008593 REPLY TO RESPONSE to Motion by Defendants Harriet Warshak, Harriet Warshak as to Harriet Warshak re 591 MOTION for Clarification of Sentencing Memo Deadline or in the Alternative MOTION for Extension of Time to File New date requested 8/13/2008. (Crouse, Candace) (Entered: 08/01/2008)
08/01/2008594 RESPONSE in Opposition by Plaintiff USA as to Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 559 MOTION for Release of Brady Materials, 560 MOTION for Release of Brady Materials [SURREPLY TO DEFENDANTS' UNREDACTED REPLY TO UNITED STATES' RESPONSE TO DEFENDANTS' BRADY MOTION] (Porter, Anne) (Entered: 08/01/2008)
08/01/2008595 RESPONSE in Opposition by Plaintiff USA as to Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 573 MOTION FOR STAY OF MONEY JUDGMENT AND SUBSTITUTE ASSET ORDERS PENDING APPEAL (Porter, Anne) (Entered: 08/01/2008)
08/01/2008596 SENTENCING MEMORANDUM by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit 1) (Porter, Anne) (Entered: 08/01/2008)
08/01/2008597 SENTENCING MEMORANDUM by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit) (Porter, Anne) (Entered: 08/01/2008)
08/01/2008598  MOTION for Leave to File Defendant Steven Warshak's Motion for Leave to File Sentencing Memorandum Which Exceeds Twenty Pages In Length by Steven E Warshak. (Attachments: # 1 Sentencing Memorandum, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I) (Weinberg, Martin) (Entered: 08/01/2008)
08/01/2008599  MOTION for Leave to File Sentencing Memorandum in Excess of 20 Pages and Motion to File Instanter Local Rule 7.2 Summary and Tables by Paul J. Kellogg as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Fleisher, James) (Entered: 08/01/2008)
08/01/2008600 SENTENCING MEMORANDUM by Defendant Paul J. Kellogg as to Paul J. Kellogg. (Attachments: # 1 Exhibit A, # 2 Exhibit A, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D) (Fleisher, James) Modified Docket Text to Clarify on 8/4/2008 (km1, ). (Entered: 08/01/2008)
08/01/2008601  MOTION for Joinder of Pertinent Sentencing Arguments Submitted by Codefendants by Berkeley Premium Nutraceuticals, Inc.. (Goldstein, Robert) (Entered: 08/01/2008)
08/02/2008602  MOTION for Extension of Time to File New date requested 8/12/2008. by Steven P. Pugh. (Faller, Raymond) (Entered: 08/02/2008)
08/04/2008603  MOTION Restitution by Berkeley Premium Nutraceuticals Class Victims as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C) (Brinkman, Kathleen) (Entered: 08/04/2008)
08/04/2008  Notice of Correction re 596 Sentencing Memorandum - PDF has been removed by Clerk due to being filed in duplication as 597 Sentencing Memorandum per counsel verification. (srj1, ) (Entered: 08/04/2008)
08/05/2008604 ORDER granting 599 Motion for Leave to File Sentencing Memorandum in Excess of 20 Pages and Motion to File Instanter as to Paul J. Kellogg (3). Defendant's Sentencing Memorandum 600 is hereby accepted for filing as tendered on 8/1/2008. Signed by Judge S Arthur Spiegel on 8/5/2008. (km1, ) (Entered: 08/05/2008)
08/05/2008605 ORDER granting 598 Motion for Leave to File Sentencing Memorandum Which Exceeds Twenty Pages In Length as to Steven E Warshak (1). Counsel for Defendant is hereby DIRECTED to electronically file the Sentencing Memorandum with the Court forthwith. Signed by Judge S Arthur Spiegel on 8/5/2008. (km1, ) (Entered: 08/05/2008)
08/05/2008606 SENTENCING MEMORANDUM by Defendants Steven E Warshak, Steven E Warshak as to Steven E Warshak (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) (Weinberg, Martin) (Entered: 08/05/2008)
08/05/2008607 SUPPLEMENTAL SENTENCING MEMORANDUM by Defendant Paul J. Kellogg. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Fleisher, James) Modified Docket Text to Clarify on 8/6/2008 (km1, ). (Entered: 08/05/2008)
08/05/2008608 NOTICE of Filing Local Rule 7.2 Table of Contents and Summary of Authorities as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 600 Sentencing Memorandum, (Attachments: # 1 Supplement Table of Contents, # 2 Supplement Summary of Authorities) (Fleisher, James) (Entered: 08/05/2008)
08/06/2008609 OPINION AND ORDER granting 590 Motion for Extension of Time to File Sentencing Memorandum as to Berkeley Premium Nutraceuticals, Inc. (8); granting 591 Motion to Clarify Sentencing Memorandum Deadline or in the alternative to Enlarge Time to File Sentencing Memorandum as to Harriet Warshak (2); granting 602 Motion for Extension of Time to File Sentencing Memorandum as to Steven P. Pugh (5); granting 601 Motion to Join Pertinent Sentencing Arguments Submitted by Co-Defendants as to Berkeley Premium Nutraceuticals, Inc. (8). The Court ORDERS Defendant BPN to file its sentencing memorandum by 8/11/2008, Defendant Steven Pugh to file his sentencing memrandum by 8/12/2008, and Defendant Harriet Warshak to file her sentencing memorandum by 8/13/2008. Defendant TCI, and all the cooperating Defendants, James Teegarden, Shelley Kinmon, Greg Cossman, Sue Cossman, Samuel Grote, William Bertemes, and Michael Wagner should file any sentencing memoranda on or before 8/20/2008. Signed by Judge S Arthur Spiegel on 8/6/2008. (km1, ) (Entered: 08/06/2008)
08/07/2008610 OPINION AND ORDER denying 559 Motion for Release of Brady Materials as to Steven E Warshak (1), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8); denying 560 Motion for Release of Brady Materials as to Paul J. Kellogg (3). (8). Signed by Judge S Arthur Spiegel on 8/7/2008. (km1, ) (Entered: 08/07/2008)
08/08/2008611 RESPONSE in Opposition by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 586 MOTION for Reconsideration (Porter, Anne) (Entered: 08/08/2008)
08/11/2008612 REPLY TO RESPONSE to Motion by Defendants Steven E Warshak, Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. re 573 MOTION FOR STAY OF MONEY JUDGMENT AND SUBSTITUTE ASSET ORDERS PENDING APPEAL Defendants' Reply to United States' Response in Opposition to Defendants' Joint Motion for Stay of Money Judgment and Substitute Asset Orders Pending Appeal (Weinberg, Martin) (Entered: 08/11/2008)
08/11/2008613 SENTENCING MEMORANDUM by Defendants Berkeley Premium Nutraceuticals, Inc., Berkeley Premium Nutraceuticals, Inc. as to Berkeley Premium Nutraceuticals, Inc. (Goldstein, Robert) (Entered: 08/11/2008)
08/11/2008614 MOTION to File Exhibit A to Berkeley Premium Nutraceuticals, Inc. Sentencing Memorandum Under Seal by Berkeley Premium Nutraceuticals, Inc.. (Goldstein, Robert) Modified Docket Text on 8/12/2008 (km1, ). (Entered: 08/11/2008)
08/12/2008615 ORDER granting 614 Motion for Leave to File Exhibit A to The Sentencing Memorandum Under Seal as to Berkeley Premium Nutraceuticals, Inc. (8). Counsel for Defendant is hereby DIRECTED to submit this exhibit forthwith to the Clerk of Court for manual filing under seal. At the time of filing, counselshall also provide to the Clerk an electronic version of this exhibit in.pdf format for docketing purposes. Counsel for Defendant is also DIRECTED to provide copies of this exhibit to the United States Probation Officer and counsel forthe United States. Signed by Judge S Arthur Spiegel on 8/12/2008. (km1, ) (Entered: 08/12/2008)
08/12/2008616 SENTENCING MEMORANDUM by Defendants Steven P. Pugh, Steven P. Pugh as to Steven P. Pugh (Faller, Raymond) (Entered: 08/12/2008)
08/12/2008617  MOTION for In Camera Inspection by the Court of the Presentence Reports of Cooperating Witnesses for Exculpatory Evidence and Incorporated Memorandum of Law by Steven E Warshak, Berkeley Premium Nutraceuticals, Inc.. (Weinberg, Martin) (Entered: 08/12/2008)
08/12/2008618  MOTION for Joinder Defendant Steven Warshak's Motion to Join Pertinent Sentencing Arguments Made by Codefendant Berkeley Premium Nutraceuticals, Inc. by Steven E Warshak. (Weinberg, Martin) (Entered: 08/12/2008)
08/13/2008620 SENTENCING MEMORANDUM by Defendants Harriet Warshak, Harriet Warshak as to Harriet Warshak (Attachments: # 1 Exhibit A (Letters from Family and Friends), # 2 Exhibit E (Article)) (Pinales, Martin) (Entered: 08/13/2008)
08/13/2008621  MOTION to Seal Document Exhibits B, C, D & F of Sentencing Memorandum by Harriet Warshak. (Attachments: # 1 Text of Proposed Order) (Pinales, Martin) (Entered: 08/13/2008)
08/14/2008622 ORDER granting 621 Motion for Leave to File Exhibits B, C, D and E to Her Sentencing Memorandum Under Seal as to Harriet Warshak (2). Counsel for Defendant is hereby DIRECTED to submit these exhibits forthwith to the Clerk of Court for manual filing under seal. At the time of filing, counsel shall also provide to the Clerk an electronic version of these exhibits in.pdf format for docketing purposes. Counsel for Defendant is also DIRECTED to provide copies of these exhibits to the United States Probation Officer and counsel for the United States. Signed by Judge S Arthur Spiegel on 8/14/2008. (km1, ) (Entered: 08/14/2008)
08/14/2008623 RESPONSE to Motion by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 617 MOTION (Porter, Anne) (Entered: 08/14/2008)
08/14/2008624 OPINION AND ORDER holding in abeyance pending sentencing 573 Joint Motion for Stay of Money Judgment and Substitute Asset Orders Pending Appeal; granting 574 Motion for Extension of Time in Which To Respond to Discovery Requests by the Government as to Claimants Cynthia and John Hall Individually, and John Hall as a Member of Hallmark Homes LLC, and Carrie Warshak Individually and as Guardian for Her Children. Claimants shall so respond by Friday 9/12/2008. Signed by Judge S Arthur Spiegel on 8/14/2008. (km1, ) (Entered: 08/14/2008)
08/15/2008626 Certificate of Service by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc., Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. of Direct Notice of the Second Preliminary Order of Forfeiture to Potential Third Party Petitioners (Attachments: # 1 Exhibit Certified Mail Return Receipt) (Porter, Anne) (Entered: 08/15/2008)
08/15/2008627 REPLY TO RESPONSE to 586 Joint MOTION for Reconsideration by Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc. (Pinales, Martin) Modified on 8/18/2008 to edit text(srj1, ). (Entered: 08/15/2008)
08/19/2008628 OPINION AND ORDER granting in part 617 Motion for In Camera Inspection by the Court of the Presentence Reports of Cooperating Witnesses for Exculpatory Evidence, to the extent that it has reviewed the Presentence Investigation Reports in camera; however, the Court further denies in part such motion to the extent that it declines to disclose any portion of the reports to Defendants; granting 618 Motion to Join Pertinent Sentencing Arguments Made by Co-Defendant Berkeley Premium Nutraceuticals to Steven E Warshak (1). Signed by Judge S Arthur Spiegel on 8/19/2008. (km1, ) (Entered: 08/19/2008)
08/19/2008629 NOTICE of Proof of Publication as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Affidavit in Proof of Publication for the San Diego Commerce) (Porter, Anne) (Entered: 08/19/2008)
08/19/2008630 SENTENCING MEMORANDUM by Defendant Steven E Warshak, Interested Party Greg J Cossman as to Steven E Warshak (Froncek, Theodore) (Entered: 08/19/2008)
08/20/2008  Notice of Correction re: 630 SENTENCING MEMORANDUM by Defendant Steven E Warshak as to Interested Party Greg J Cossman. The PDF has been removed by Clerk. This sentencing memorandum was filed on behalf of Greg Cossman. Cousel has been directed to refile this document utilizing Mr. Crossman's case which is 1:06-cr-00014. (srj1, ) (Entered: 08/20/2008)
08/20/2008631  MOTION for Leave to File Defendant Steven Warshak's Motion for Leave to File Motion for Bail Pending Appeal and Supporting Memorandum Which Exceeds Twenty Pages in Length by Steven E Warshak. (Attachments: # 1 Motion for Bail Pending Appeal) (Weinberg, Martin) (Entered: 08/20/2008)
08/21/2008632 NOTICE of Testimony Anticipated at Sentencing Hearing as to Paul J. Kellogg (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit) (Greer, David) (Entered: 08/21/2008)
08/22/2008633 RESPONSE in Opposition by Plaintiff USA re 639 Motion for Bail Pending Appeal as to Steven E Warshak (Kadon, Karl) Modified Docket Text on 8/26/2008 (km1, ). (Entered: 08/22/2008)
08/22/2008634 Response re 632 Notice (Other), Notice (Other) [Response of the United States to Defendant Paul Kellogg's Notice of Testimony] as to Paul J. Kellogg (Porter, Anne) (Entered: 08/22/2008)
08/25/2008635 Reply re 632 Notice (Other), Notice (Other) to Response of US to this Defendants Notice of Testimony as to Paul J. Kellogg (Attachments: # 1 Exhibit PK-X6, # 2 Exhibit PK-Y6) (Greer, David) (Entered: 08/25/2008)
08/25/2008636 RESPONSE to Motion by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 603 MOTION Restitution (Porter, Anne) (Entered: 08/25/2008)
08/26/2008637 OPINION AND ORDER denying 586 Joint Motion for Reconsideration of this Court's Opinion and Order Denying Judgment of Acquittal or New Trial on the Money Laundering Counts as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 8/26/2008. (km1, ) (Entered: 08/26/2008)
08/26/2008638 ORDER granting 631 Motion for Leave to File Motion for Bail Pending Appeal in Excess of 20 Pages in Length as to Steven E Warshak (1). Signed by Judge S Arthur Spiegel on 8/24/2008. (km1, ) (Entered: 08/26/2008)
08/26/2008639 MOTION for Bond Pending Appeal by Steven E Warshak. (km1, ) (Entered: 08/26/2008)
08/26/2008640 Minute Entry for proceedings held before Judge S Arthur Spiegel:Evidentiary Hearing re Sentencing Issues as to Paul J. Kellogg held on 8/26/2008. Defendant present with counsel. Testimony presented by Defendant. Closing arguments heard. Matter taken under advisement. Courts decision to be rendered at time of sentencing on 8/29/2008. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 08/26/2008)
08/26/2008641 REPLY TO RESPONSE to Motion by Interested Party Berkeley Premium Nutraceuticals Class Victims, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 603 MOTION Restitution (Brinkman, Kathleen) (Entered: 08/26/2008)
08/26/2008642 NOTICE OF FILING OF SUPPLEMENTAL SUPPORTING DOCUMENTS TO HARRIET WARSHAK'S SENTENCING MEMORANDUM as to Harriet Warshak (Attachments: # 1 Exhibit Luther Affidavit, # 2 Exhibit Photos) (Pinales, Martin) (Entered: 08/26/2008)
08/26/2008643  MOTION for Bond Pending Appeal by Harriet Warshak. (Pinales, Martin) (Entered: 08/26/2008)
08/27/2008644 RESPONSE in Opposition by Plaintiff USA, Defendant Harriet Warshak as to Harriet Warshak re 643 MOTION for Bond Pending Appeal (Kadon, Karl) (Entered: 08/27/2008)
08/27/2008645  MOTION for New Trial Based on Newly Discovered Evidence by Harriet Warshak. (Attachments: # 1 Exhibit Affidavit of Bonnie Luther, # 2 Exhibit Meeting Minutes (2002 - 2005), # 3 Exhibit Meeting Minutes (2006 - 1st part), # 4 Exhibit Meeting Minutes (2006 - 2nd part)) (Pinales, Martin) (Entered: 08/27/2008)
08/27/2008646 Minute Entry for proceedings held before Judge S Arthur Spiegel: Defendant present with counsel. Sentencing held on 8/27/2008 for Harriet Warshak (2), Count(s) 1, 27, 30-31, 99-101 and 107. Sentenced to Twenty-four (24) months imprisonment on Counts 1, 27, 30-31, 99-101 and 107, all sentences to run concurrently; 3 years Supervised Release on Counts 1, 27, 30-31, 99-101 and 107, all terms to be served concurrently; $800 Special Assessment ($100 each count); All right, title and interest of Harriet Warshak in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Harriet Warshak. It is further ORDERED that Harriet Warshak shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Steven E. Warshak and Berkeley Premium Nutraceuticals, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. It is ORDERED that Harriet Warshak forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Steven E. Warshak and Paul Kellogg. All right, title and interest of Harriet Warshak in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States. Defendant to be permitted to remain free on bond pending appeal.(Court Reporter Jodie Perkins, Official.) (mr1, ) (Entered: 08/27/2008)
08/27/2008647 Minute Entry for proceedings held before Judge S Arthur Spiegel: Defendant present with counsel. Sentencing held on 8/27/2008 for Steven E Warshak (1), Count(s) 1, 2-13, 15, 23, 27, 29-98, 102-108, 112. Sentenced to 25 years imprisonment on Counts 1, 15, 23, 27; 240 months imprisonment on Counts 2-13, 30, 32-98, 102-108; 180 months imprisonment on Count 29; 120 months imprisonment on Count 31; 60 months imprisonment on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-108, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); All right, title and interest of Steven Warshak in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Steven Warshak. It is further ORDERED that Steven Warshak shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Harriet. Warshak and Berkeley Premium Nutraceuticals, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. It is ORDERED that Steven Warshak forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Harriet Warshak and Paul Kellogg. All right, title and interest of Steven Warshak in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States. Defendant to voluntarily surrender to designated BOP facility no later than September 29, 2008 at 12:00 pm. The Court imposes Electronic Monitoring as a condition of Bond during period while awaiting self-surrender. The Court recommends to the BOP that Defendant be designated to the closest appropriate facility to Cincinnati, Ohio. (Court Reporter Jodie Perkins, Official.) (mr1, ) (Entered: 08/27/2008)
08/27/2008648 OPINION AND ORDER denying 603 Class Victims' Motion for Restitution. Signed by Judge S Arthur Spiegel on 8/27/2008. (km1, ) (Entered: 08/27/2008)
08/27/2008649 OPINION AND ORDER denying 639 Motion for Bond Pending Appeal as to Steven E Warshak (1). Signed by Judge S Arthur Spiegel on 8/26/2008. (km1, ) (Entered: 08/27/2008)
08/27/2008650 Minute Entry for proceedings held before Judge S Arthur Spiegel: Defendant (Corporate Representative Jason Broome) present with counsel. Sentencing held on 8/27/2008 for Berkeley Premium Nutraceuticals, Inc. (8). Count(s) All. Sentenced to 5 years Probation, during this time Defendant shall comply with a compliance plan to be developed by the U.S. Attorney, Probation Office and Federal Trade Commission. Fine: $15,000,000.00, in installment payments of $250,000.00 per month; Special Assessment: $6,000.00 ($100 each count); Forfeiture: All right, title and interest of Berkeley Premium Nutraceuticals in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Berkeley Premium Nutraceuticals. It is further Ordered that Berkeley Premium Nutraceuticals shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. Imposition of forfeiture is hereby STAYED as it relates to the corporations operating account for 90 days. Imposition of the fine is also STAYED for 90 days. (Court Reporter Jodie Perkins (Official).) (mr1, ) (Entered: 08/27/2008)
08/27/2008651 Minute Entry for proceedings held before Judge S Arthur Spiegel: Defendant (Corporate Representative Steven E. Warshak) present with counsel. Sentencing held on 8/27/2008 for TCI Media, Inc. (7), Count(s) All. Sentenced to 5 years Probation, during this time Defendant shall comply with a compliance plan to be developed by the U.S. Attorney with the Probation Office. Fine: $160,000; Special Assessment: $6,400.00 ($100 each count). Forfeiture: All right, title and interest of TCI Media, Inc. in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant TCI Media, Inc. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. The Court Orders that a corporate representative be appointed to represent Steven Warshak in his absence. Defendant's oral motion to stay imposition of forfeiture and fine is DENIED.(Court Reporter Jodie Perkins (Official).) (mr1, ) (Entered: 08/27/2008)
08/27/2008652 JUDGMENT as to Steven E Warshak (1), Count(s) 1, 2-13, 15, 23, 27, 29, 30, 31, 32-98, 102-108, 112, Sentenced to 25 years imprisonment on Counts 1, 15, 23, 27; 240 months imprisonment on Counts 2-13, 30, 32-98, 102-108; 180 months imprisonment on Count 29; 120 months imprisonment on Count 31; 60 months imprisonment on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-108, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); All right, title and interest of Steven Warshak in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Steven Warshak. It is further ORDERED that Steven Warshak shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Harriet. Warshak and Berkeley Premium Nutraceuticals, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. It is ORDERED that Steven Warshak forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Harriet Warshak and Paul Kellogg. All right, title and interest of Steven Warshak in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States. Signed by Judge S Arthur Spiegel on 8/27/2008. (km1, ) (Entered: 08/27/2008)
08/27/2008654 JUDGMENT as to Harriet Warshak (2), Count(s) 1, 27, 30, 31, 99-101, 107, Sentenced to Twenty-four (24) months imprisonment on Counts 1, 27, 30-31, 99-101 and 107, all sentences to run concurrently; 3 years Supervised Release on Counts 1, 27, 30-31, 99-101 and 107, all terms to be served concurrently; $800 Special Assessment ($100 each count); All right, title and interest of Harriet Warshak in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Harriet Warshak. It is further ORDERED that Harriet Warshak shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Steven E. Warshak and Berkeley Premium Nutraceuticals, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. It is ORDERED that Harriet Warshak forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Steven E. Warshak and Paul Kellogg. All right, title and interest of Harriet Warshak in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States. Signed by Judge S Arthur Spiegel on 8/27/2008. (km1, ) (Entered: 08/27/2008)
08/27/2008656 ORDER as to Harriet Warshak granting in forma pauperis status on appeal. At the request of the Defendant, the Court further RECOMMENDS to COFA Sixth Circuit that current retained counsel, Martin Pinales, Esq., be appointed to represent the Defendant on appeal. Signed by Judge S Arthur Spiegel on 8/27/2008. (km1, ) (Entered: 08/27/2008)
08/28/2008657 JUDGMENT as to Berkeley Premium Nutraceuticals, Inc. (8), Count(s) 1, 2-13, 29, 110, Sentenced to 5 years Probation, during this time Defendant shall comply with a compliance plan to be developed by the U.S. Attorney, Probation Office and Federal Trade Commission. Fine: $15,000,000.00, in installment payments of $250,000.00 per month; Special Assessment: $6,000.00 ($100 each count); Forfeiture: All right, title and interest of Berkeley Premium Nutraceuticals in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Berkeley Premium Nutraceuticals. It is further Ordered that Berkeley Premium Nutraceuticals shall forfeit to the United States the sum of $459,540,000.00 in proceeds money judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak, consistent with the Second Preliminary Order of Forfeiture entered on 7/16/08. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. Imposition of forfeiture is hereby STAYED as it relates to the corporations operating account for 90 days. Imposition of the fine is also STAYED for 90 days. Signed by Judge S Arthur Spiegel on 8/28/2008. (km1, ) (Entered: 08/28/2008)
08/28/2008659 JUDGMENT as to TCI Media, Inc. (7), Count(s) 57-73, 79, 83, 91-93, Sentenced to 5 years Probation. During this time, Defendant shall comply with a compliance plan to be developed by the U.S. Attorney with the Probation Office. Fine: $160,000; Special Assessment: $6,400.00 ($100 each count). Forfeiture: All right, title and interest of TCI Media, Inc. in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant TCI Media, Inc. Ancillary Proceedings to determine the claims of third parties to the aforesaid forfeited assets will be conducted in due course, in the near future. Notice of such proceedings will be provided to claimants in accordance with law. Signed by Judge S Arthur Spiegel on 8/28/2008. (km1, ) (Entered: 08/28/2008)
08/28/2008661 Minute Entry for proceedings held before Judge S Arthur Spiegel: Defendant present with counsel. Sentencing held on 8/28/2008 for Steven P. Pugh (5). Count(s) 111: Sentenced to Twelve (12) months and One (1) Day imprisonment; Supervised Release: Three (3) Years; Fine: None; Restitution: None; Special Assessment: $100. Permitted to remain free on bond pending final disposition of appeal, upon oral motion of the Defendant. (Court Reporter Jodie Perkins (Official).) (mr1, ) Modified Docket Text on 8/29/2008 (km1, ). (Entered: 08/28/2008)
08/28/2008662  MOTION for Bond Pending Appeal by Paul J. Kellogg. (Fleisher, James) (Entered: 08/28/2008)
08/29/2008663 RESPONSE in Opposition by Plaintiff USA, Defendant Paul J. Kellogg as to Paul J. Kellogg re 662 MOTION for Bond Pending Appeal (Porter, Anne) (Entered: 08/29/2008)
08/29/2008664 Minute Entry for proceedings held before Judge S Arthur Spiegel:Sentencing held on 8/29/2008 for Paul J. Kellogg (3). Deft present with counsel. Sentenced as follows: Count(s) 30-31, 96-97, 111-112, Sentenced to One (1) Year and One (1) Day imprisonment on Counts 30, 96-97; on Count 31; and on Counts 111-112, all sentences to be served concurrently; followed by Three (3) years supervised release on Counts 30-31, 96-97, 111-112, all terms to be served concurrently. Fine: None; Restitution: None; Special Assessment: $600; Forfeiture: All right, title and interest of Paul J. Kellogg in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Paul J. Kellogg. It is further Ordered that Paul J. Kellogg forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak. All right, title and interest of Paul J. Kellogg in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States.The Second Preliminary Order of Forfeiture today becomes final as to the Defendant Paul Kellogg. Upon oral motion of the Defendant, the Court permits the Defendant to remain free on his current bond pending final disposition of his appeal. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 08/29/2008)
08/29/2008665 JUDGMENT as to Paul J. Kellogg (3), Count(s) 30-31, 96-97, 111-112, Sentenced on One (1) Year and One (1) Day imprisonment on Counts 30, 96-97; on Count 31; and on Counts 111-112, all sentences to be served concurrently; followed by three (3) years supervised release on Counts 30-31, 96-97, 111-112, all terms to be served concurrently. Fine: None; Restitution: None; Special Assessment: $600; Forfeiture: All right, title and interest of Paul J. Kellogg in the property, the full legal description of which is incorporated by reference from the Preliminary Order of Forfeiture entered 3/7/08, consisting of 33 separate assets, is condemned and forfeited to the United States. The Preliminary Order today becomes final as to Defendant Paul J. Kellogg. It is further Ordered that Paul J. Kellogg forfeit to the United States the sum of $44,876,781.68 in money laundering judgment forfeiture, jointly and severally with Steven E. Warshak and Harriet Warshak. All right, title and interest of Paul J. Kellogg in the substitute property, consisting of sixteen assets, a full legal description of which is incorporated by reference from the Second Preliminary Order of Forfeiture and will be included in the final judgment, is condemned and forfeited to the United States. The Second Preliminary Order of Forfeiture today becomes final as to the Defendant Paul Kellogg. Signed by Judge S Arthur Spiegel on 8/29/2008. (km1, ) (Entered: 08/29/2008)
08/29/2008666 JUDGMENT as to Steven P. Pugh (5), Count(s) 111, Sentenced to Twelve (12) months and One (1) Day imprisonment; Supervised Release: Three (3) Years; Fine: None; Restitution: None; Special Assessment: $100. Signed by Judge S Arthur Spiegel on 8/29/2008. (km1, ) (Entered: 08/29/2008)
08/29/2008669 NOTICE OF APPEAL by Defendants Harriet Warshak, Harriet Warshak as to Harriet Warshak Filing fee $ 455. (Pinales, Martin) (Entered: 08/29/2008)
08/29/2008670  MOTION to Stay Third-Party Forfeiture Proceedings Pending Appeal by Carrie Warshak as to Steven E Warshak. (Lieberman, Dennis) Modified Docket Text to Clarify on 9/2/2008 (km1, ). (Entered: 08/29/2008)
09/02/2008671 NOTICE OF APPEAL by Defendants Steven E Warshak, Steven E Warshak as to Steven E Warshak Filing fee $ 455. (Weinberg, Martin) (Entered: 09/02/2008)
09/04/2008   Filing fee received as to 671 NOTICE OF APPEAL by Defendant Steven E Warshak. Receipt number 100CIN002936 in the amount of $455. (srj1, ) (Entered: 09/04/2008)
09/04/2008672  MOTION Appointment of a Federal Receiver Pursuant to 18 U.S.C. 1956(b)(4) by USA as to Berkeley Premium Nutraceuticals, Inc.. (Porter, Anne) (Entered: 09/04/2008)
09/04/2008673 NOTICE OF APPEAL by Defendants Berkeley Premium Nutraceuticals, Inc., Berkeley Premium Nutraceuticals, Inc. as to Berkeley Premium Nutraceuticals, Inc. Filing fee $ 455. (Goldstein, Robert) (Entered: 09/04/2008)
09/04/2008674 NOTICE OF APPEAL by Defendants TCI Media, Inc., TCI Media, Inc. as to TCI Media, Inc. Filing fee $ 455. (Goldstein, Robert) (Entered: 09/04/2008)
09/08/2008675 USCA Appeal Fees received $ 455, receipt number 100CIN002960 as to Berkeley Premium Nutraceuticals, Inc. re 673 Notice of Appeal - Final Judgment. (mr1, ) (Entered: 09/08/2008)
09/08/2008676 NOTICE OF APPEAL by Defendants Steven P. Pugh, Steven P. Pugh as to Steven P. Pugh Filing fee $ 455. (Faller, Raymond) (Entered: 09/08/2008)
09/08/2008677 USCA Appeal Fees received $ 455, receipt number 100CIN002961 as to Steven P. Pugh re 676 Notice of Appeal - Final Judgment. (mr1, ) (Entered: 09/08/2008)
09/08/2008678  MOTION for Victim Rights by Berkeley Premium Nutraceuticals Class Victims as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Brinkman, Kathleen) (Entered: 09/08/2008)
09/09/2008679 RESPONSE in Opposition by Defendants Steven E Warshak, Berkeley Premium Nutraceuticals, Inc., Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. re 672 MOTION Appointment of a Federal Receiver Pursuant to 18 U.S.C. 1956(b)(4) Opposition to Government Motion for Appointment of Federal Receiver (Goldstein, Robert) (Entered: 09/09/2008)
09/09/2008680 NOTICE OF HEARING ON MOTION as to Berkeley Premium Nutraceuticals, Inc. re 672 MOTION Appointment of a Federal Receiver Pursuant to 18 U.S.C. 1956(b)(4): Motion Hearing set for 9/16/2008 09:30 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 09/09/2008)
09/10/2008681 USCA Appeal Fees received $ 455, receipt number 100CIN002976 as to TCI Media, Inc. re 674 Notice of Appeal - Final Judgment. (srj1, ) (Entered: 09/10/2008)
09/11/2008682 NOTICE OF VERIFIED PETITION OF CARRIE R. WARSHAK as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Lieberman, Dennis) (Entered: 09/11/2008)
09/11/2008683 REPLY TO RESPONSE to Motion by Plaintiff USA as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. re 672 MOTION Appointment of a Federal Receiver Pursuant to 18 U.S.C. 1956(b)(4) (Porter, Anne) (Entered: 09/11/2008)
09/12/2008684 NOTICE OF HEARING as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.: Ancillary Forfeiture Proceedings as to all Third-Party Interests set for 12/11/2008 09:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 09/12/2008)
09/12/2008685 NOTICE of Proof of Publication of the Second Preliminary Order of Forfeiture as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Affidavit of Allen Martin) (Porter, Anne) (Entered: 09/12/2008)
09/15/2008686 NOTICE OF WITHDRAWAL of Defendant Steven Warshak's Opposition to Government's Motion for Appointment of Receiver 679 by Steven E Warshak. (Weinberg, Martin) Modified Docket Text on 9/15/2008 (km1, ). (Entered: 09/15/2008)
09/15/2008687 RESPONSE in Opposition by Plaintiff USA, Defendant Harriet Warshak as to Harriet Warshak re 645 MOTION for New Trial Based on Newly Discovered Evidence (Porter, Anne) (Entered: 09/15/2008)
09/16/2008  Minute Entry for proceedings held before Judge S Arthur Spiegel: Motion Hearing as to Berkeley Premium Nutraceuticals, Inc. held on 9/16/2008 re 672 MOTION for Appointment of a Federal Receiver Pursuant to 18 U.S.C. 1956(b)(4) as to Berkeley Premium Nutraceuticals filed by USA. Counsel, Corporate Representative Jason Broome and Defendant Steven Warshak present. Arguments heard. Monitor Richard Nelson and counsel for Class Victims address the Court. In light of Berkeley Premium Nutraceutical's filing of a Voluntary Petition for Chapter 11 Bankruptcy, the government hereby WITHDRAWS their motion for appointment of a receiver. The Court further orders that the $100,000 retainer paid to bankruptcy counsel be returned immediately to the operating account for BPN. Class counsel orally moves the Court to reconsider restitution. The Court denies this motion, and advises class counsel that they may participate in ancillary forfeiture proceedings as to any interests of the class victims. Written opinion to follow. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 09/16/2008)
09/16/2008688 ORDER denying as moot 672 Motion for Appointment of a Receiver Pursuant to 18 U.S.C. Section 1956(b)(4) as to Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 9/16/2008. (km1, ) (Entered: 09/16/2008)
09/17/2008689 NOTICE OF HEARING as to Paul J. Kellogg: Status Conference re Execution of Sentence set for 9/25/2008 02:00 PM in chambers before Judge S Arthur Spiegel. (km1, ) (Entered: 09/17/2008)
09/19/2008690 NOTICE as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 585 NOTICE OF APPEAL docketed as Notice (Other) on 7/23/08. $455 payment made 9/19/08, Receipt No. 100CIN003086. (mr1, ) (Entered: 09/22/2008)
09/23/2008691 Response in Opposition to 670 Claimants' Motion to Stay Proceedings as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Porter, Anne) (Entered: 09/23/2008)
09/23/2008692 ORDER as to Steven E Warshak denying Defendant's Pro Se Expedited Motion for Stay of Self-Report Pending Conclusion of FTC v. Warshak, 1:06-cv-00051 (doc. 47 in 1:06-cv-00051). Signed by Judge S Arthur Spiegel on 9/23/2008. (km1, ) Modified Docket Text on 9/23/2008 (km1, ). (Entered: 09/23/2008)
09/25/2008693 ORDER as to Paul J. Kellogg - pursuant to the status conference held 9/25/2008, the Court determines in the interests of justice that the Defendant report to the Bureau of Prisons to begin his sentence on 1/15/2009. Accordingly, the Court SETS such date for Defendant Kellogg to report to the facility to be determined by the Bureau of Prisons. Signed by Judge S Arthur Spiegel on 9/25/2008. (km1, ) (Entered: 09/25/2008)
10/01/2008694 RESPONSE to Motion by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 678 MOTION for Victim Rights (Porter, Anne) (Entered: 10/01/2008)
10/08/2008695 OPINION AND ORDER denying 645 Motion for New Trial Based on Newly Discovered Evidence as to Harriet Warshak (2). Signed by Judge S Arthur Spiegel on 10/8/2008. (km1, ) (Entered: 10/08/2008)
10/10/2008696 NOTICE OF APPEAL by Defendants Harriet Warshak, Harriet Warshak as to Harriet Warshak re 695 Order on Motion for New Trial Filing fee $ 455. (Pinales, Martin) (Entered: 10/10/2008)
10/14/2008697 NOTICE of Stipulation to Foreclosure of 5758 San Elijo, Rancho Sante Fe, CA as to Steven E Warshak (Porter, Anne) (Entered: 10/14/2008)
10/15/2008698 TRANSCRIPT REQUEST of Sentencing by Defendants Harriet Warshak, Harriet Warshak as to Harriet Warshak for proceedings held on 08/27/2008 before Judge Spiegel. (Pinales, Martin) (Entered: 10/15/2008)
10/16/2008699 REPLY TO RESPONSE to Motion by Interested Party Berkeley Premium Nutraceuticals Class Victims, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 678 MOTION for Victim Rights (Brinkman, Kathleen) (Entered: 10/16/2008)
10/22/2008700 [FORMER DOCUMENT 700] NOTICE OF ATTORNEY APPEARANCE: Richard Dunbar Nelson appearing for Berkeley Premium Nutraceuticals, Inc. (Nelson, Richard) Modified to remove pdf on 10/22/2008 (mtw1, ). (Entered: 10/22/2008)
10/22/2008701 NOTICE OF ATTORNEY APPEARANCE Donetta Donaldson Wiethe appearing for USA. (Wiethe, Donetta) (Entered: 10/22/2008)
10/22/2008  Notice of Correction re Former Document 700 - Notice of Appearance: pdf removed due to filing error. Counsel to refile. (Entered: 10/22/2008)
10/23/2008702 NOTICE of Appearance & Request for Service as to Berkeley Premium Nutraceuticals, Inc. (Rafferty, Donald) (Entered: 10/23/2008)
10/23/2008703 NOTICE of Appearance & Request for Service as to Berkeley Premium Nutraceuticals, Inc. (Nelson, Richard) (Entered: 10/23/2008)
10/23/2008704 NOTICE of Deposition Duces Tecum as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta) (Entered: 10/23/2008)
10/23/2008705 NOTICE of Deposition Duces Tecum (James Doyle) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta) (Entered: 10/23/2008)
10/23/2008706 NOTICE of Deposition Duces Tecum (Harriet Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta) (Entered: 10/23/2008)
10/23/2008707 NOTICE of Deposition Duces Tecum (Cindy Hall) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Grimes, Deborah) (Entered: 10/23/2008)
10/23/2008708 NOTICE of Deposition Duces Tecum (J.B. Hall) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Grimes, Deborah) (Entered: 10/23/2008)
10/30/2008709 OPINION AND ORDER denying 670 Motion to Stay Third-Party Forfeiture Proceedings Pending Appeal by Petitoner Carrie Warshak. Signed by Judge S Arthur Spiegel on 10/30/2008. (km1, ) (Entered: 10/30/2008)
10/31/2008  USCA Case Number as to Harriet Warshak (002) is 08-4429 for 696 Notice of Appeal - Final Judgment filed by Harriet Warshak. Jill Colyer - Case Manager (mr1, ) (Entered: 10/31/2008)
11/03/2008710 REPORT AND ORDER ON OFFENDER UNDER SUPERVISION as to TCI Media, Inc. The Court concurs with the recommendation of the Probation Officer; Defendant to be continued on probation with the probation officer to monitor the corporation and advise Court if any assets owned by the corporation are discovered. Signed by Judge S Arthur Spiegel on 10/30/2008. (km1, ) (Entered: 11/03/2008)
11/03/2008711 ORDER - Pursuant to the status conference held 10/30/2008 between counsel for Petitioners Carrie Warshak and John Hall and counsel for the United States, the Court VACATES the 12/11/2008 hearing on ancillary forfeiture proceedings and RESETS this matter for 2/10/2009 at 9:30 AM. Signed by Judge S Arthur Spiegel on 11/3/2008. (km1, ) (Entered: 11/03/2008)
11/03/2008  Set/Reset Hearings: Hearing on Ancillary Forfeiture Proceedings RESET for 2/10/2009 09:30 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 11/03/2008)
11/10/2008712 NOTICE of Deposition Duces Tecum of Carri Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta) (Entered: 11/10/2008)
11/10/2008713 NOTICE of Deposition Duces Tecum of James Doyle as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta) (Entered: 11/10/2008)
11/10/2008714 NOTICE of Deposition Duces Tecum of John Hall as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Grimes, Deborah) (Entered: 11/10/2008)
11/10/2008715 NOTICE of Deposition Duces Tecum of Cindy Hall as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Grimes, Deborah) (Entered: 11/10/2008)
11/10/2008716 OPINION AND ORDER denying 678 Motion for Order Protecting Victim Rights Under Settlements as to Steven E Warshak (1), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 11/11/2008. (km1, ) (Entered: 11/10/2008)
11/12/2008717  MOTION Motion to Extend Stay of Forfeiture Order and Imposition of Fine re 650 Sentencing,,,,,, by Richard D Nelson as to Berkeley Premium Nutraceuticals, Inc.. (Rafferty, Donald) (Entered: 11/12/2008)
11/13/2008718 RESPONSE to Motion by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 717 MOTION Motion to Extend Stay of Forfeiture Order and Imposition of Fine re 650 Sentencing,,,,,, (Wiethe, Donetta) (Entered: 11/13/2008)
11/14/2008719 ORDER as to Berkeley Premium Nutraceuticals, Inc. re 717 MOTION to Extend Stay of Forfeiture Order and Imposition of Fine re 650 Sentencing filed by Chapter 11 Bankruptcy Trustee Richard D Nelson. In order to permit the Court sufficient time to rule on this matter prior to the expiration of the current stay on 11/25/2008, the Court hereby DIRECTS the United States and any other interested party to file its opposition with the Court no later than Thursday, 11/20/2008. Any reply memoranda in support of the motion shall be filed no later than 11/24/2008. The Court will then consider the matter and issue a ruling forthwith. Signed by Judge S Arthur Spiegel on 11/13/2008. (km1, ) (Entered: 11/14/2008)
11/25/2008720 ORDER granting 717 Chapter 11 Trustee's Motion for Stay of Forfeiture Order and Imposition of Fine as to Berkeley Premium Nutraceuticals, Inc. (8). the Court hereby EXTENDS the stay previously imposed at sentencing 650 as it relates to Berkeley's operating account, until 1/31/2009. Signed by Judge S Arthur Spiegel on 11/25/2008. (km1, ) (Entered: 11/25/2008)
11/28/2008721 NOTICE of Deposition Duces Tecum of Carri Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta) (Entered: 11/28/2008)
12/01/2008722 NOTICE as to TCI Media, Inc. re 710 Order. (mr1, ) (Entered: 12/01/2008)
12/02/2008  USCA Case Number 08-4087 for 669 Notice of Appeal - Final Judgment filed by Harriet Warshak. (tt, ) (Entered: 12/02/2008)
12/02/2008  USCA Case Number 08-4214 for 676 Notice of Appeal - Final Judgment filed by Steven P. Pugh. (tt, ) (Entered: 12/02/2008)
12/02/2008  USCA Case Number 08-4212 for 674 Notice of Appeal - Final Judgment filed by TCI Media, Inc.. (tt, ) (Entered: 12/02/2008)
12/02/2008  USCA Case Number 08-4211 for 673 Notice of Appeal - Final Judgment filed by Berkeley Premium Nutraceuticals, Inc.. (tt, ) (Entered: 12/02/2008)
12/02/2008723 NOTICE of Deposition Duces Tecum of Carri Warshak on December 5, 2008 at 10:00 a.m. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta) (Entered: 12/02/2008)
12/02/2008724 NOTICE of Deposition Duces Tecum of James Doyle on December 8, 2008 at 1:30 p.m. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Grimes, Deborah) (Entered: 12/02/2008)
12/08/2008725 Second MOTION to Amend/Correct 418 Order for Forfeiture of Property to Include All of the Assets of Boland Naturals, Inc. by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Affidavit Declaration of Alejandro E. Almaguer) (Grimes, Deborah) (Entered: 12/08/2008)
12/10/2008726 ORDER re 725 Second MOTION to Amend 418 Preliminary Order for Forfeiture of Property to Include All of the Assets of Boland Naturals, Inc. Upon review, the Court intends on disposing of this matter on an expedited basis. Accordingly, the Court establishes the following briefing schedule: (1) Defendants shall file any memoranda in opposition to United States' motion no later than Monday, 12/22/2008; and (2) The United States shall file its reply memorandum in support of its motion no later than Tuesday, 12/30/2008. The Court will consider United States' motion upon completion of briefing. The Clerk shall serve a copy of this Order on Defendant Steve Warshak at FCI Gilmer, WV. Signed by Judge S Arthur Spiegel on 12/9/2008. (km1, ) (Entered: 12/10/2008)
12/12/2008727  MOTION to Travel by Steven P. Pugh. (Faller, Raymond) (Entered: 12/12/2008)
12/15/2008728 NOTICE of Settlment Agreement with Hallmark Homes and John Hall as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta) (Entered: 12/15/2008)
12/16/2008729 ORDER granting 727 Motion to Travel as to Steven P. Pugh (5). Defendant is hereby permitted to travel for the holidays to Ft. Myers Beach, Florida from Friday, 12/19/2008 through Sunday, 1/4/2009. Prior to commencement of travel, the Defendant shall ensure that Pretrial Services is provided a specific travel itinerary, including addresses and telephone numbers where he will stay. Signed by Judge S Arthur Spiegel on 12/16/2008. (km1, ) (Entered: 12/16/2008)
12/16/2008730 NOTICE of Stipulation to Foreclosure of 5140 Rollman Estates Drive between the United States and Bank of America as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta) (Entered: 12/16/2008)
12/16/2008731 NOTICE of Stipulation to Foreclosure of 5150 Rollman Estates between the United States and Bank of America as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta) (Entered: 12/16/2008)
12/18/2008732 NOTICE of Withdrawal of Claim and Petition as to Paul J. Kellogg (Fleisher, James) (Entered: 12/18/2008)
12/19/2008733 NOTICE of Settlement Agreement between the United States and Bank of America as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta) (Entered: 12/19/2008)
12/19/2008734  MOTION for New Trial by Steven E Warshak, Harriet Warshak, Steven P. Pugh, Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit 1, Part 1, # 2 Exhibit 1, Part 2, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16) (Weinberg, Martin) (Entered: 12/19/2008)
12/22/2008735 RESPONSE in Opposition by Defendants Steven E Warshak, Harriet Warshak, Steven E Warshak, Harriet Warshak as to Steven E Warshak, Harriet Warshak re 725 MOTION to Amend/Correct 418 Order for Forfeiture of Property MOTION to Amend/Correct 418 Order for Forfeiture of Property (Weinberg, Martin) (Entered: 12/22/2008)
12/22/2008736  MOTION Summary Judgment against Petitioner, Dr. Carri Warshak, individually and as guardian to her minor children by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (Wiethe, Donetta) (Entered: 12/22/2008)
12/22/2008737 Response re 726 ORDER re 725 Second MOTION to Amend 418 Preliminary Order for Forfeiture of Property to Include All of the Assets of Boland Naturals, Inc filed by Steven E Warshak. (srj1, ) (Entered: 12/22/2008)
12/22/2008738 RESPONSE in Opposition 725 Second MOTION to Amend/Correct 418 Order for Forfeiture of Property to Include All of the Assets of Boland Naturals, Inc by by Interested Party Berkeley Premium Nutraceuticals Class Victims, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Brinkman, Kathleen) Modified on 12/23/2008 to edit text (srj1, ). (Entered: 12/22/2008)
12/30/2008739 REPLY TO RESPONSE to Motion by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Berkeley Premium Nutraceuticals, Inc. re 725 Second MOTION to Amend/Correct 418 Order for Forfeiture of Property to Include All of the Assets of Boland Naturals, Inc. (Grimes, Deborah) Modified to clarify text on 12/31/2008 (mr1, ). (Entered: 12/30/2008)
12/31/2008740  MOTION for Extension of Time to File Response/Reply New date requested 1/21/2009. TO RESPOND TO 736 GOVERNMENT'S MOTION FOR SUMMARY JUDGMENT by Carrie Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Lieberman, Dennis) (Entered: 12/31/2008)
01/05/2009741 RESPONSE in OPPOSITION to Motion by Plaintiff USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 740 MOTION for Extension of Time to File Response/Reply New date requested 1/21/2009. (Wiethe, Donetta) Modified on 1/6/2009 to edit text(srj1, ). Modified docket text on 1/8/2009 (jweb1, ). (Entered: 01/05/2009)
01/07/2009742 ORDER granting in part 740 Petitioner Dr. Carrie Warshak's Motion for Extension of Time to File Response to United States' Motion for Summary Judgment, to the extent that it RESETS the deadline for Petitioner to respond to the government's Motion for Summary Judgment 736 to 1/20/2009 and SETS the deadline for government's response to 1/23/2009. Signed by Judge S Arthur Spiegel on 1/7/2009. (km1, ) (Entered: 01/07/2009)
01/07/2009743 NOTICE of Filing of Report of Sale by the Bankruptcy Trustee as to Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit Exhibit A - Report of Sale) (Nelson, Richard) (Entered: 01/07/2009)
01/14/2009744 OPINION AND ORDER granting 725 Second Motion to Amend Preliminary Order of Forfeiture to Include Substitute Assets. The Court DECLARES that the assets of Boland Naturals, Inc, constitute substitute property within the scope of 21 USC Section 853(p), DECLARES that Defendants Steven Warshak, Harriet Warshak, and Berkeley Premium Nutraceuticals forfeit right, title and interest to the Boland assets and directs the government to prepare and file forthwith an amended Preliminary Order, consistent with this decision for the Court's signature. The Court further ORDERS the government to provide the requisite public notice of the amended Preliminary Order so as to protect the interests of any third parties. This ruling shall be subject to further order of the Court. Signed by Judge S Arthur Spiegel on 1/14/2009. (km1, ) (Entered: 01/14/2009)
01/14/2009745  MOTION for Forfeiture of Property (Final Order) by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Grimes, Deborah) (Entered: 01/14/2009)
01/15/2009746 RESPONSE in Opposition by Plaintiff USA, as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 734 MOTION for New Trial (Porter, Anne) Modified to clarify docket text on 1/19/2009 (scot1, ). (Entered: 01/15/2009)
01/15/2009747 THIRD PRELIMINARY ORDER OF FORFEITURE as to Steven E Warshak, Harriet Warshak, Berkeley Premium Nutraceuticals, Inc. Signed by Judge S Arthur Spiegel on 1/15/2009. (km1, ) (Entered: 01/15/2009)
01/16/2009748 REPLY TO RESPONSE to Motion by Defendants Steven E Warshak, Berkeley Premium Nutraceuticals, Inc., as to Steven E Warshak, Berkeley Premium Nutraceuticals, Inc. re 734 MOTION for New Trial Defendants' Reply to Government Opposition to Motion for New Trial (Weinberg, Martin) Modified to clarify docket text on 1/21/2009 (jweb1, ). (Entered: 01/16/2009)
01/20/2009749 RESPONSE in Opposition by Claimant Carrie Warshak, as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 736 MOTION Summary Judgment (Lieberman, Dennis) Modified to clarify docket text on 1/22/2009 (jweb1, ). (Entered: 01/20/2009)
01/23/2009750 REPLY TO RESPONSE to Motion by Plaintiff USA, Defendants Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 736 MOTION Summary Judgment (Attachments: # 1 Exhibit Petitioner's response to discovery) (Wiethe, Donetta) (Entered: 01/23/2009)
02/02/2009751 NOTICE of Errata to the United States' Motion for Summary Judgment as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 736 MOTION Summary Judgment (Attachments: # 1 Exhibit JS 2.1, # 2 Exhibit JS 7) (Wiethe, Donetta) (Entered: 02/02/2009)
02/04/2009752 OPINION AND ORDER denying 734 Motion for New Trial as to Steven E Warshak (1), Harriet Warshak (2), Steven P. Pugh (5), TCI Media Inc (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 2/3/2009. (km1, ) (Entered: 02/04/2009)
02/05/2009753 ORDER granting in part 736 Motion for Summary Judgment, to the extent that it finds no dispute that Petitioner can establish no ownership interest in the real properties: 5130 Rollman, 5140 Rollman, 5150 Rollman, 7027 Beech Hollow, 5758 San Elijo, and 7701 Sagamore; no ownership interest in Fifth Third Checking Account No. 8440; no ownership interest in the National Financial Services LLC/Equity Services Inc. Account "The Carri E Warshak 2004 QTIP Trust U/A 10/1/04;" no ownership interest in the National Financial Services LLC/Equity Services Inc. Account "The Warshak 2004 Gift Trust U/A 10/1/04;"and no ownership interest in the contents of First Colony Life Insurance Policy in the name of the "Warshak Family 2004 TST UTAD 10/01/2004"; denying in part 736 Motion for Summary Judgment as to the grand piano, finding a genuine dispute as to whether Petitioner has established an individual interest in such property. Signed by Judge S Arthur Spiegel on 2/5/2009. (km1, ) (Entered: 02/05/2009)
02/10/2009754  MOTION to Stay Final Order of Forfeiture As to Residence and Request for Hearing by Harriet Warshak. (Pinales, Martin) (Entered: 02/10/2009)
02/11/2009755 NOTICE of Appeal as to Steven E Warshak re 752 Order on Motion for New Trial (Weinberg, Martin) (Entered: 02/11/2009)
02/12/2009756 RESPONSE in Opposition by Plaintiff USA re 754 MOTION to Stay Final Order of Forfeiture As to Residence and Request for Hearing by Defendant Harriet Warshak (Attachments: # 1 Exhibit Ex. 1 Occupancy and Indemnity Agreement, # 2 Exhibit Ex. 2 USMS letter) (Wiethe, Donetta) (Entered: 02/12/2009)
02/17/2009757 NOTICE OF HEARING ON MOTION in case as to Harriet Warshak re 754 MOTION to Stay Final Order of Forfeiture As to Residence: Motion Hearing set for 3/4/2009 09:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 02/17/2009)
02/17/2009  USCA Appeal fees in the amount of $455.00 received re 755 Notice of Appeal as to Steven E Warshak, receipt number 100CIN004405. (jweb1, ) (Entered: 02/18/2009)
02/18/2009758 ORDER of USCA (certified copy) as to Harriet Warshak re 696 Notice of Appeal - Final Judgment. Appellant/Petitioner has failed to satisfy the following obligations: The proper fee was not paid by 11/28/08. The Form of Appearance was not filed by 11/28/08. The Transcript Purchase Order was not filed by 11/28/08. The Civil Appeal Conference Statement was not filed by 11/28/08. It is therefore ORDERED that this cause be, and it hereby is, dismissed for want of prosecution. (srj1, ) (Entered: 02/18/2009)
02/19/2009759 ORDER of USCA (certified copy) as to Harriet Warshak re 696 Notice of Appeal - Final Judgment. Upon consideration of the appellant's motion to reinstate the case, and it appearing that the default which led to dismissal of the appeal has been cured, it is ORDERED that the motion be and it hereby is GRANTED. (srj1, ) (Entered: 02/19/2009)
02/20/2009  USCA Case Number 09-3176 re 671 NOTICE OF APPEAL by Defendant Steven E Warshak. Jill Colyer is the Case Manager (srj1, ) (Entered: 02/20/2009)
03/04/2009  Minute Entry for proceedings held before Judge S Arthur Spiegel:Motion Hearing as to Harriet Warshak held on 3/4/2009 re 754 MOTION to Stay Final Order of Forfeiture As to Residence filed by Harriet Warshak. Counsel present. Arguments heard. The Court Orders in open Court that it lacks jurisdiction over the matter, and accordingly, denies the motion. Final Order of Forfeiture to issue forthwith. Government raises issue with the Defendant's in forma pauperis status on appeal. The Court Orders counsel for Defendant to investigate Defendant's assets and ability to pay, and to provide an affidavit from the Defendant regarding her pauper status within one week. Written Order to follow. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 03/04/2009)
03/04/2009760 FINAL ORDER OF FORFEITURE as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. It is Ordered that all right, title and interest in the subject property is condemned and forfeited to the United States under 18 U.S.C. Section 982, 18 U.S.C. Section 981(a)(1)(C) and 28 U.S.C. Section 2461(c) and/or 21 U.S.C. Section 853(p) and no right, title or interest shall remain in any other person or entity. It is further Ordered that the Attorney General through the United States Marshals Service shall dispose of the subject property in accordance with the law. Signed by Judge S Arthur Spiegel on 3/4/2009. (km1, ) (Entered: 03/04/2009)
03/04/2009761 OPINION AND ORDER denying 754 Motion to Stay Final Order of Forfeiture as to Her Residence as to Harriet Warshak (2). The Court ORDERS Defendant to submit within one week of this Order a report with an affidavit accounting for her access to funds that paid her mortgage, and a full accounting of her financial assets. Signed by Judge S Arthur Spiegel on 3/4/2009. (km1, ) (Entered: 03/04/2009)
03/09/2009762 NOTICE of Settlement Agreement as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta) (Entered: 03/09/2009)
03/11/2009763 AFFIDAVIT by Defendant Harriet Warshak as to Harriet Warshak re: 761 Order. (jweb1, ) (Entered: 03/11/2009)
03/11/2009   Document 763 filed manually as to Harriet Warshak because of technical issues at attorney's office. Original document mailed to attorney. (jweb1, ) (Entered: 03/11/2009)
03/13/2009764 TRANSCRIPT of Proceedings (Sentencing) as to Harriet Warshak held on 8/27/2008 before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official), Telephone number (513) 564-7676 (no. pgs: 19). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 4/3/2009. Redacted Transcript Deadline set for 4/13/2009. Release of Transcript Restriction set for 6/11/2009. (km1, ) (Entered: 03/13/2009)

03/13/2009765 TRANSCRIPT of Proceedings (Sentencing) as to TCI Media, Inc. held on 8/27/2008 before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official), Telephone number (513) 564-7676 (no. pgs: 21). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 4/3/2009. Redacted Transcript Deadline set for 4/13/2009. Release of Transcript Restriction set for 6/11/2009. (km1, ) (Entered: 03/13/2009)

03/13/2009766 TRANSCRIPT of Proceedings (Sentencing) as to Steven P. Pugh held on 8/28/2008 before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official), Telephone number (513) 564-7676 (no. pgs: 21). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 4/3/2009. Redacted Transcript Deadline set for 4/13/2009. Release of Transcript Restriction set for 6/11/2009. (km1, ) (Entered: 03/13/2009)

03/13/2009767 NOTICE OF APPEAL by Defendant Steven E Warshak, Claimant Carrie Warshak as to Steven E Warshak re 760 Order for Forfeiture of Property,, Filing fee $ 455. Appeal Record due by 3/16/2009. (Lieberman, Dennis) (Entered: 03/13/2009)
03/16/2009  USCA Appeal Fees received $ 455, receipt number 100CIN004681 as to Carri Warshak,. re 767 Notice of Appeal - Final Judgment : (jweb1, ) (Entered: 03/16/2009)
03/19/2009768 AFFIDAVIT by Defendants Harriet Warshak, Harriet Warshak as to Harriet Warshak (Pinales, Martin) (Entered: 03/19/2009)
03/26/2009  USCA Case Number 09-3321 for 767 Notice of Appeal - Final Judgment filed by Carrie Warshak. Case Manager Jill Colyer. (jweb1, ) (Entered: 03/26/2009)
04/07/2009769 Response re 763 Affidavit as to Harriet Warshak (Wiethe, Donetta) (Entered: 04/07/2009)
04/16/2009770 ORDER of USCA (certified copy) as to Berkeley Premium Nutraceuticals, Inc. re 673 Notice of Appeal - Final Judgment. It is ORDERED that the motion is GRANTED and the appeal is dismissed. (jweb1, ) (Entered: 04/16/2009)
04/16/2009771 ORDER of USCA (certified copy) as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 585 Notice of Appeal. It is ORDERED that the motion be and it hereby is, GRANTED and Berkeley PremiumNutraceuticals, Inc. is dismissed as a party to this cause. (jweb1, ) (Entered: 04/16/2009)
04/21/2009772 NOTICE OF HEARING as to Harriet Warshak: Show Cause Hearing re 768 Financial Affidavit of Harriet Warshak and 769 Government's Response set for 4/23/2009 10:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 04/21/2009)
04/21/2009773 Joint MOTION to Seal and Substitute by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Wiethe, Donetta) (Entered: 04/21/2009)
04/21/2009774 Reply re 769 Response (non motion) to Affidavits of Harriet Warshak as to Harriet Warshak (Attachments: # 1 Exhibit 1 (Affidavit)) (Pinales, Martin) (Entered: 04/21/2009)
04/22/2009775 ORDER granting 773 Motion to Seal and Substitute Exhibits. The Clerk is hereby DIRECTED to seal all exhibits attached to United States Motion for Summary Judgment against Petitioner Dr. Carrie Warshak 736 . Counsel for United States shall contemporaneously file with the Court redacted versions of these exhibits in their place. Signed by Judge S Arthur Spiegel on 4/22/2009. (km1, ) (Entered: 04/22/2009)
04/23/2009  Minute Entry for proceedings held before Judge S Arthur Spiegel:In Chambers Conference as to Harriet Warshak held on 4/23/2009. Written Order to follow. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 04/23/2009)
04/23/2009776 OPINION AND ORDER as to Harriet Warshak re 763 Affidavit of Harriet Warshak, 768 Amended Affidavit of Harriet Warshak, 769 United States' Response and 774 Defendant's Reply. Pursuant to the on the record status conference held 4/23/2009, the Court finds it appropriate to REVOKE its previous finding that Defendant qualifies for IFP status and a CJA appointment 656 . The Court CONTINUES this matter for a hearing in 60 days, on 6/23/2009 at 10:00 a.m. with all parties. At such hearing the Court will review with the parties the outcome of the following conditions which it imposes as modifications to post-trial supervision: 1) Defendant is to make a full disclosure of all financial information requested by the U.S. Attorney, including account numbers, to the U.S. Attorney and to the U.S. Pretrial Services Department and/or U.S. Probation Department depending on which has jurisdiction overthis matter; and 2) Defendant is to make no disbursements, that is, write no checks and make no financial transactions, without the approval of the U.S. Pretrial Services Department and/or U.S. Probation Department, as aforesaid. Should the Court be dissatisfied with the outcome of such conditions, the Court will consider revoking Defendants bond pending appeal. Signed by Judge S Arthur Spiegel on 4/23/2009. (km1, ) (Entered: 04/23/2009)
04/24/2009777 NOTICE of Filing Redacted Exhibits as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 736 MOTION Summary Judgment (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) (Wiethe, Donetta) (Entered: 04/24/2009)
04/27/2009778 NOTICE OF APPEAL by Defendant Harriet Warshak re 776 OPINION AND ORDER. Filing fee $ 455. (srj1, ) (Entered: 04/27/2009)
04/27/2009779 USCA Appeal Fees received $ 455, receipt number 100CIN005034 as to Harriet Warshak 780 ORDER of USCA (certified copy) as to Harriet Warshak re 696 Notice of Appeal - Final Judgment (srj1, ) Modified on 4/28/2009 in order to link to the correct entry (srj1, ). (Entered: 04/27/2009)
04/27/2009780 ORDER of USCA (certified copy) as to Harriet Warshak re 696 Notice of Appeal - Final Judgment, 669 Notice of Appeal - Final Judgment that the filing fee of $455.00 be paid directly to the District Court by May 4, 2009. Failure to pay the filing fee could result in the appeals being dismissed for want of prosecution. (scot, ) (Entered: 04/27/2009)
04/28/2009781 NOTICE of Withdrawal of Notice of Appeal as to Harriet Warshak re 778 Notice of Appeal - Final Judgment (Crouse, Candace) (Entered: 04/28/2009)
05/05/2009782 NOTICE of Proof of Publication as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit 1 Advertisement Certification Report) (Wiethe, Donetta) (Entered: 05/05/2009)
05/12/2009783 Third MOTION for Forfeiture of Property to Amend the Preliminary Order of Forfeiture to Include Substitute Assets by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Wiethe, Donetta) (Entered: 05/12/2009)
06/09/2009784 FOURTH PRELIMINARY ORDER OF FORFEITURE - granting 783 Third Motion to Amend the Preliminary Order of Forfeiture to Include Substitute Assets as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 6/9/2009. (km1, ) (Entered: 06/09/2009)
06/23/2009  Minute Entry for proceedings held before Judge S Arthur Spiegel:Hearing - Report to Court re Full Financial Disclosure Pursuant to Court Order 776 as to Harriet Warshak held on 6/23/2009. Arguments heard. Govt Exhibits A (Chart) and B (Letter to Deft's counsel of 6/17/2009) admitted. The Court hereby CONTINUES this matter for approximately 2 weeks to allow time for the Defendant to provide the financial information requested by the government, to include the completion and filing of a judgment debtor affidavit. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 06/23/2009)
06/23/2009785 NOTICE OF HEARING as to Harriet Warshak:Hearing on Report of Full Financial Disclosure pursuant to Court Order 776 (continued from 6/23/2009) set for 7/21/2009 10:00 AM in Courtroom 842 before Judge S Arthur Spiegel. (km1, ) (Entered: 06/23/2009)
06/30/2009786 TRANSCRIPT of Proceedings (In Chambers Conference) as to Harriet Warshak held on 4/23/2009 before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official), Telephone number 513-564-7676 (no. pgs: 30). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 7/21/2009. Redacted Transcript Deadline set for 7/31/2009. Release of Transcript Restriction set for 9/28/2009. (km1, ) (Entered: 06/30/2009)

06/30/2009787 Fourth MOTION for Forfeiture of Property to Amend the Preliminary Order of Forfeiture to Include Substitute Assets by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Wiethe, Donetta) (Entered: 06/30/2009)
07/21/2009  Minute Entry for proceedings held before Judge S Arthur Spiegel: Hearing on Report of Full Financial Disclosure pursuant to Court Order 776 (continued from 6/23/2009) as to Harriet Warshak held on 7/21/2009. Deft present with counsel. Counsel for government reports that the Defendant is now in full compliance with regards to financial disclosure. Government requests that the Court now enter the 5th Preliminary Order of Forfeiture currently pending before the Court 787 . The Court orders in open Court that the 5th Preliminary Order of Forfeiture will be entered by the Court, forfeiting the following substitute property: Contents of U S Bank Checking Acct XXX0656 in the name of Harriet Warshak; $30,000 in cash held at Defendant's home; and $3,400 in funds due to Harriet Warshak pertaining to an unsecured loan to her son-in-law, J.B. Hall. Defendant's O.R bond pending appeal is continued; Defendant to provide monthly financial accounting for each preceding month to pretrial services. (Court Reporter Jodie Perkins (Official).) (km1, ) (Entered: 07/21/2009)
07/21/2009788 FIFTH PRELIMINARY ORDER OF FORFEITURE as to Harriet Warshak. Signed by Judge S Arthur Spiegel on 7/21/2009. (km1, ) (Entered: 07/21/2009)
10/08/2009789 NOTICE by Plaintiff United States of America of Proof of Publication by Harriet Warshak (Attachments: # 1 Exhibit 1 Advertisement Certification Report) (Wiethe, Donetta) (Entered: 10/08/2009)
11/25/2009790  MOTION for New Trial by Steven E Warshak. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Weinberg, Martin) (Entered: 11/25/2009)
12/18/2009791  MOTION to Travel by Steven P. Pugh. (Faller, Raymond) (Entered: 12/18/2009)
12/21/2009792 RESPONSE in Opposition by USA as to Steven E Warshak re 790 MOTION for New Trial (Porter, Anne) (Entered: 12/21/2009)
12/22/2009793 ORDER granting 791 Motion for Permission to Travel as to Steven P. Pugh (5). Defendant is hereby permitted to travel for the holidays to Ft. Myers Beach, Florida from Saturday, 12/26/2009 through Wednesday, 1/6/2010. Prior to commencement of travel, the Defendant shall ensure that Pretrial Services is provided a specific travel itinerary, including addresses and telephone numbers where he will stay. Signed by Judge S Arthur Spiegel on 12/22/2009. (km1) (Entered: 12/22/2009)
12/22/2009794 REPLY TO RESPONSE to Motion by Steven E Warshak re 790 MOTION for New Trial Reply to Government's Opposition to Motion for New Trial (Weinberg, Martin) (Entered: 12/22/2009)
12/23/2009795 REPLY TO RESPONSE to Motion by Steven E Warshak re 790 MOTION for New Trial Amended Reply to Government's Opposition to Motion for New Trial (Weinberg, Martin) (Entered: 12/23/2009)
12/30/2009796 ORDER of USCA (certified copy) as to Harriet Warshak re 778 Notice of Appeal - Final Judgment The motion to reinstate pauper status is GRANTED. The appointment ofWarshaks trial counsel as appellate counsel is continued, retroactive to April 23, 2009. (jlw1) (Entered: 12/30/2009)
01/29/2010797 Fifth MOTION for Forfeiture of Property (Sixth Preliminary Order) by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Wiethe, Donetta) (Entered: 01/29/2010)
02/24/2010798 SIXTH PRELIMINARY ORDER OF FORFEITURE granting 797 Fifth Motion to Amend Preliminary Order of Forfeiture to Include Substitute Assets as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 2/23/2010. (km1) (Entered: 02/24/2010)
05/14/2010799 NOTICE of Proof of Publication re 798 Order on Motion for Forfeiture of Property, by USA as to Harriet Warshak (Attachments: # 1 Exhibit Advertisement Certification Report) (Wiethe, Donetta) (Entered: 05/14/2010)
08/31/2010800 Sixth MOTION for Forfeiture of Property by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Wiethe, Donetta) (Entered: 08/31/2010)
08/31/2010801 NOTICE of U.S. Marshal Service return on sales of forfeited real property. by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta) (Entered: 08/31/2010)
10/05/2010802 SEVENTH PRELIMINARY ORDER OF FORFEITURE granting 800 Sixth Motion to Amend the Preliminary Order of Forfeiture to Include Substitute Assets as to Steven E Warshak (1), Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 10/5/2010. (km1) (Entered: 10/05/2010)
10/06/2010803 Joint MOTION to Vacate by Richard D Nelson as to Steven E Warshak. (Attachments: # 1 Exhibit Order) (Rafferty, Donald) (Entered: 10/06/2010)
10/06/2010804 ORDER granting 803 Motion to Vacate Seventh Preliminary Order of Forfeiture 802 as to Steven E Warshak (1). Richard D. Nelson, Chapter 11 Trustee for Berkeley Premium Nutraceuticals Inc shall be and is granted an extension of time through and including 10/12/2010 to file his response to United States' Sixth Motion to Amend the Preliminary Order of Forfeiture to Include Substitute Assets 800 . After the Bankruptcy Trustee files a response, the United States shall be permitted to file a reply. Upon completion of briefing, the Court shall consider the motion on its merits. Signed by Judge S Arthur Spiegel on 10/6/2010. (km1) (Entered: 10/06/2010)
10/12/2010805 RESPONSE in Opposition to Motion by Richard D Nelson as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. re 800 Sixth MOTION for Forfeiture of Property (Attachments: # 1 Exhibit Claims Register) (Rafferty, Donald) Modified to clarify docket text on 10/13/2010 (lk1). (Entered: 10/12/2010)
11/16/2010806 ORDER as to Harriet Warshak amending conditions of bond to remove Pretrial Services supervision and the monthly financial accounting requirement. Signed by Judge S Arthur Spiegel on 11/16/2010. (km1) (Entered: 11/16/2010)
12/01/2010807 ORDER TERMINATING SUPERVISED RELEASE as to Paul J. Kellogg. Signed by Judge S Arthur Spiegel on 11/29/2010. (km1) (Entered: 12/01/2010)
12/15/2010808 OPINION AND ORDER of from the SIXTH CIRCUIT COURT OF APPEALS re 585 Notice of APPEAL: IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district court is AFFIRMED IN PART, REVERSED IN PART, and VACATED IN PART. IT IS FURTHER ORDERED that the cases are REMANDED for further proceedings consistent with the opinion of this court. MANDATE TO ISSUE IN THIS CASE. (jlw) (Entered: 12/15/2010)
12/15/2010809 USCA INFORMATION COPY re 676 Notice of Appeal - Final Judgment : Pughs conviction is AFFIRMED. MANDATE TO ISSUE. (jlw) (Entered: 12/15/2010)
01/18/2011810 MANDATE of USCA (certified copy) as to Steven P. Pugh. (mr1) (Entered: 01/18/2011)
01/19/2011811 ORDER as to Steven P. Pugh. Pursuant to the 12/14/2010 Opinion and Order of the COFA Sixth Circuit which affirmed Defendant's conviction 809 , and the subsequent mandate issued 1/14/2011 returning jurisdiction to the district court 810 , the Court now finds it appropriate for the Defendant to surrender to the Bureau of Prisons to commence serving his sentence. Accordingly, the Court hereby ORDERS that Defendant voluntarily surrender to the institution designated by the Bureau of Prisons no later than Monday, 2/7/2011. Defendant shall report, at his own expense, by 12:00 p.m. on this day. While awaiting designation, Defendant is permitted to remain free on his current Own Recognizance bond set by the Court on 9/28/2006 25 . Signed by Judge S Arthur Spiegel on 1/19/2011. (km1) (Entered: 01/19/2011)
01/20/2011812 NOTICE Stipulation of Bankruptcy Trustee and United States Concerning the United States' Sixth Motion to Amend the Preliminary Order of Forfeiture to include Substitute Assets (Doc. 800) re 800 Sixth MOTION for Forfeiture of Property by Richard D Nelson as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Rafferty, Donald) (Entered: 01/20/2011)
01/26/2011813 SEVENTH PRELIMINARY ORDER OF FORFEITURE granting 800 Sixth Motion to Amend Preliminary Order of Forfeiture to Include Substitute Assets as to Harriet Warshak (2), Paul J. Kellogg (3), Charles W Clarke Jr. (4), Steven P. Pugh (5), Amar D. Chavan (6), TCI Media, Inc. (7), Berkeley Premium Nutraceuticals, Inc. (8). Signed by Judge S Arthur Spiegel on 1/25/2011. (km1) (Entered: 01/26/2011)
02/09/2011814 ORDER as to Steven P. Pugh. At the request of the U.S. Marshals Service, the Court hereby EXTENDS Defendant's voluntary surrender date an additional 30 days from Monday, 2/7/2011 to Wednesday, 3/9/2011, to allow the Bureau of Prisons additional time to provide Defendant an institution designation. Defendant shall report, at his own expense, by 12:00 PM on this day. While awaiting designation, Defendant is permitted to remain free on his current Own Recognizance bond set by the Court on September 28, 2006 25 . In the event that the Bureau of Prisons provides an institution designation prior to the voluntary surrender date as currently extended, the Marshals Service shall arrange for the Defendant to surrender to the designated institution forthwith.Signed by Judge S Arthur Spiegel on 2/9/2011. (km1) (Entered: 02/09/2011)
03/22/2011815 MANDATE of USCA (certified copy) as to Harriet Warshak re 696 Notice of Appeal - Final Judgment. (mr1) (Entered: 03/22/2011)
03/24/2011816 NOTICE OF HEARING as to Steven E Warshak and Harriet Warshak: Status Conference set for 4/21/2011 11:00 AM in Chambers before Judge S Arthur Spiegel. (km1) (Entered: 03/24/2011)
03/24/2011817 NOTICE OF HEARING as to Steven E Warshak and Harriet Warshak: Status Conference RESET for 4/13/2011 02:00 PM in Chambers before Judge S Arthur Spiegel. (km1) (Entered: 03/24/2011)
03/31/2011818 ORDER of USCA (certified copy) as to Steven E Warshak re 767 Notice of Appeal - Final Judgment. The district court's March 4, 2009, 760 Final Order of Forfeiture is AFFIRMED (Mandate to issue). (lk) Modified on 3/31/2011 (lk). (Entered: 03/31/2011)
04/13/2011819 ORDER as to Steven E Warshak, Harriet Warshak. Pursuant to the status conference held 4/13/2011, the following schedule is established with regards to resentencing: Probation Department to complete its addenda to the PSIR by 5/13/2011, after which the parties shall file any objections within 30 days. The Court further requests the parties to file a joint stipulation as their view as to what the Court is authorized to do at resentencing by 8/1/2011. The Probation Department's complete report shall also be provided to the Court by 8/1/2011. The parties shall file any sentencing memoranda by 8/15/2011. Finally, the Court sets this matter for resentencing on 9/14/2011 at 10:30 AM. Signed by Judge S Arthur Spiegel on 4/13/2011. (km1) (Entered: 04/13/2011)
04/13/2011  Case reopened as to Steven E Warshak, Harriet Warshak (km1) (Entered: 04/13/2011)
04/26/2011822[RECAP] MANDATE of USCA (certified copy) as to Steven E Warshak and Carrie Warshak (Claimant) re COFA # 09-3321 for 767 Notice of Appeal - Final Judgment. (mr) (Entered: 04/26/2011)
04/28/2011823[RECAP] TRANSCRIPT of Proceedings (Status Conference) as to Steven E Warshak, Harriet Warshak held on 4/13/2011 before Judge S. Arthur Spiegel. Court Reporter/Transcriber: Luke Lavin (Official), Telephone number 513-564-7675 (no. pgs: 36). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 5/19/2011. Redacted Transcript Deadline set for 5/31/2011. Release of Transcript Restriction set for 7/27/2011. (km1) (Entered: 04/28/2011)

06/27/2011824  MOTION to Appoint Counsel Pursuant to the Criminal Justice Act by Harriet Warshak. (Pinales, Martin) (Entered: 06/27/2011)
06/28/2011825 ORDER granting 824 Motion to Appoint Counsel Pursuant to the Criminal Justice Act as to Harriet Warshak (2). Pursuant to 18 USC ยง 3006A, Attorney Marty S. Pinales, Esq. of the law firm Strauss & Troy, 150 E. Fourth Street, Cincinnati, Ohio 45202, is hereby APPOINTED to represent Defendant Harriet Warshak in all proceedings before the district court pertaining to resentencing. This appointment shall be made retroactive to 3/22/2011. Signed by Judge S Arthur Spiegel on 6/28/2011. (km1) (Entered: 06/28/2011)
07/05/2011826 CJA 20 as to Harriet Warshak: Appointment of Attorney Martin Pinales, Esq. (retroactive to 3/22/2011). Signed by Judge S Arthur Spiegel on 7/5/2011. (km1) (Entered: 07/05/2011)
07/27/2011827[RECAP] NOTICE of Stipulation by USA, Steven E Warshak as to Steven E Warshak (Porter, Anne) (Entered: 07/27/2011)
08/15/2011828 SENTENCING MEMORANDUM by Steven E Warshak (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, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39) (Weinberg, Martin) (Entered: 08/15/2011)
08/15/2011829 SENTENCING MEMORANDUM by USA as to Steven E Warshak (Josephs, Mark) (Entered: 08/15/2011)
08/15/2011830 SENTENCING MEMORANDUM by Harriet Warshak (Attachments: # 1 Exhibit Letters) (Crouse, Candace) (Entered: 08/15/2011)
08/15/2011831 SENTENCING MEMORANDUM by USA as to Harriet Warshak (Josephs, Mark) (Entered: 08/15/2011)
08/16/2011832 NOTICE of United States Marshals Service Notice of Modification of Return of Process re 579 Order for Forfeiture of Property by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc. (Wiethe, Donetta) (Entered: 08/16/2011)
08/19/2011833  MOTION to Continue by USA as to Steven E Warshak. (Porter, Anne) (Entered: 08/19/2011)
08/24/2011834 ORDER granting 833 Motion to Continue Resentencing Hearing as to Steven E Warshak (1). The Court VACATES the 9/14/2011 resentencing as to Defendant Steven Warshak and RESETS this matter for 9/20/2011 at 2:30 PM. Signed by Judge S Arthur Spiegel on 8/24/2011. (km1) (Entered: 08/24/2011)
08/24/2011  Set/Reset Hearings as to Steven E Warshak: Resentencing reset for 9/20/2011 02:30 PM in Courtroom 842 before Judge S Arthur Spiegel. (km1) (Entered: 08/24/2011)
09/14/2011835 Minute Entry for proceedings held before Judge S Arthur Spiegel:Re-Sentencing on Remand from COFA held on 9/14/2011 for Harriet Warshak (2). Defendant present with counsel. Sentenced as follows: Count(s) 1, 27 Sentenced to one (1) day imprisonment on Counts 1 and 27, to be served concurrently to each other; followed by 5 years supervised release on Counts 1 and 27, the terms to be served concurrently to each other. $200 special assessment and forfeiture of assets to the United States as outlined in judgment. (Court Reporter Luke Lavin (Official).) (km1) (Entered: 09/14/2011)
09/15/2011836 AMENDED JUDGMENT as to Harriet Warshak (2), Count(s) 1, 27, Sentenced to one (1) day imprisonment on Counts 1 and 27, to be served concurrently to each other; followed by 5 years supervised release on Counts 1 and 27, the terms to be served concurrently. $200 special assessment and forfeiture of assets to the United States as outlined in judgment. Signed by Judge S Arthur Spiegel on 9/15/2011. (km1) (Entered: 09/15/2011)
09/15/2011838  MOTION to Alter Judgment by USA as to Harriet Warshak. (Porter, Anne) (Entered: 09/15/2011)
09/20/2011839 Minute Entry for proceedings held before Judge S Arthur Spiegel:Re-Sentencing on Remand from COFA held on 9/20/2011 for Steven E Warshak (1). Defendant present with counsel on writ from FCI Elkton, OH. Defendant re-sentenced as follows: Count(s) 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-108 - Sentenced to 120 months imprisonment on each count; Count(s) 112 - Sentenced to 60 months imprisonment. All sentences to be served concurrently to each other; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg. Defendant remanded to custody. (Court Reporter Jodie Perkins (Official).) (km1) Modified Docket Text to Clarify on 9/21/2011 (km1). (Entered: 09/20/2011)
09/21/2011  Notice of Correction as to Steven E Warshak re: 839 Minutes Entry on Re-Sentencing. Entry clarified to correctly reflect counts of conviction. (km1) (Entered: 09/21/2011)
09/21/2011840 AMENDED JUDGMENT as to Steven E Warshak (1), Count(s) 1, 2-13, 15, 23, 27, 29, 30, 31, 32-98, 102-106, 108 - Sentenced to 120 months on Counts 1, 2-13, 15, 23, 27, 29-31, 32-98, 102-106, 108; 60 months on Count 112, all sentences to be served concurrently; Supervised Release: 5 years on Counts 1, 15, 23, and 27; and 3 years on Counts 2-13, 29, 30-98, 102-106, 108, 112, all terms to be served concurrently. Fine: $93,000 (no interest); Special Assessment: $9,300 ($100 on each count); Forfeiture of assets and substitute assets as outlined in judgment, as well as a proceeds money judgment in the amount of $459,540,000, jointly and severally owed with co-defendants Berkeley Premium Nutraceuticals and Harriet Warshak; and a money laundering money judgment in the amount of $44,876,781.68, jointly and severally owed with co-defendant Paul Kellogg. Signed by Judge S Arthur Spiegel on 9/21/2011. (km1) (Entered: 09/21/2011)
09/21/2011842 [FORMER DOC. 842] RESPONSE to Motion by Harriet Warshak re 838 MOTION to Alter Judgment Defendant's Response to Government's Motion to Correct Sentence (Pinales, Martin) Modified to remove PDF on 9/22/2011 (lk). (Entered: 09/21/2011)
09/21/2011843 RESPONSE to Motion by Harriet Warshak re 838 MOTION to Alter Judgment Defendant's Response to Government's Motion to Correct Sentencing (Pinales, Martin) (Entered: 09/21/2011)
09/22/2011  Notice of Correction as to Harriet Warshak re [FORMER DOC. 842] Response to Motion: Counsel called and advised of incorrect filing. Clerk removed the document and counsel has filed the correct document as document 843. (lk) (Entered: 09/22/2011)
09/23/2011844  MOTION to Amend/Correct Certain Conditions of Supervised Release by Harriet Warshak. (Attachments: # 1 Text of Proposed Order) (Pinales, Martin) (Entered: 09/23/2011)
09/27/2011845 ORDER granting 844 Motion to Amend Certain Conditions of Supervised Release as to Harriet Warshak (2). Standard conditions numbers 1 and 9 are amended to permit Defendant to travel outside the judicial district in order to visit her son, Steven Warshak, at his federal prison. Defendant must notify her probation officer before she leaves the judicial district. Due to Defendant's poor health, she shall not be required to complete special condition number 15, as to the completion of community service. Signed by Judge S Arthur Spiegel on 9/27/2011. (km1) (Entered: 09/27/2011)
09/29/2011846 ORDER granting 838 Motion to Correct Sentence as to Harriet Warshak (2). Pursuant to Fed. R. Crim. P. 35(a), the Court CORRECTS the proceeds forfeiture money judgment imposed during re-sentencing on 9/14/2011 840 from $100,000,000.00 to $459,540,000.00. This proceeds forfeiture money judgment shall be jointly and severally owed with co-Defendants Steven E. Warshak and Berkeley Premium Nutraceuticals. All other provisions of Defendant's sentence, except those conditions of supervised release amended by this Court's Order of 9/27/2011 845 shall remain in full effect. An amended judgment reflecting this correction of sentence shall be issued contemporaneously to the filing of this Order. Signed by Judge S Arthur Spiegel on 9/28/2011. (km1) (Entered: 09/29/2011)
09/29/2011847 SECOND AMENDED JUDGMENT as to Harriet Warshak (2), Count(s) 1, Sentenced to one (1) day imprisonment on Counts 1 and 27, to be served concurrently to each other; followed by 5 years supervised release on Counts 1 and 27, the terms to be served concurrently. $200 special assessment and forfeiture of assets to the United States as outlined in judgment; Count(s) 27, Sentenced to one (1) day imprisonment on Counts 1 and 27, to be served concurrently to each other; followed by 5 years supervised release on Counts 1 and 27, the terms to be served concurrently. $200 special assessment and forfeiture of assets to the United States as outlined in judgment. Signed by Judge S Arthur Spiegel on 9/28/2011. (km1) (Entered: 09/29/2011)
12/02/2011848 TRANSCRIPT of Proceedings (Re-Sentencing Hearing) as to Steven E Warshak held on 9/20/2011 before Judge S Arthur Spiegel. Court Reporter/Transcriber: Jodie Perkins (Official), Telephone number 513-564-7676 (no. pgs: 32). 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.

NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully.

For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 12/23/2011. Redacted Transcript Deadline set for 1/3/2012. Release of Transcript Restriction set for 3/1/2012. (km1) (Entered: 12/02/2011)

01/30/2012849 Report and Order on Offender Under Supervision as to Steven P. Pugh. The Court concurs with the recommendation of the Probation Officer that Defendant not be referred for substance abuse assessment/treatment at this time. Signed by Judge S Arthur Spiegel on 1/26/2012. (km1) (Entered: 01/30/2012)
04/02/2012850 NOTICE of proof of publication by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit 1 Advertisement Certification Report) (Wiethe, Donetta) (Entered: 04/02/2012)
04/02/2012851 NOTICE of proof of publication by USA as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Berkeley Premium Nutraceuticals, Inc. (Attachments: # 1 Exhibit 1 Advertisement Certification Report) (Wiethe, Donetta) (Entered: 04/02/2012)
06/04/2012852  [FORMER DOCUMENT 852] MOTION for Leave to Appear NOTICE ONLY - NO MOTION - APPEARANCE ON BEHALF OF STEVEN E. WARSHAK ONLY Attorney: John H. Phillips.by Steven E Warshak as to Steven E Warshak, Harriet Warshak, Paul J. Kellogg, Charles W Clarke, Jr, Steven P. Pugh, Amar D. Chavan, TCI Media, Inc., Berkeley Premium Nutraceuticals, Inc.. (Phillips, John) Modified to remove PDF on 6/6/2012 (jlw). (Entered: 06/04/2012)
06/04/2012853  MOTION to Vacate under 28 U.S.C. 2255 by Steven E Warshak. (Phillips, John)
Civil case 1:12-cv-00433-SAS opened. (Entered: 06/04/2012)
06/04/2012854 MEMORANDUM IN SUPPORT re 853 MOTION to Vacate under 28 U.S.C. 2255 by Steven E Warshak. (Phillips, John) Modified Docket Text to Correct on 6/5/2012 (km1). (Entered: 06/04/2012)
06/05/2012855 ORDER as to Steven E Warshak re 853 MOTION to Vacate under 28 U.S.C. 2255. It is ORDERED that the Clerk serve a copy of this Order upon the United States Attorney, such service to constitute notice to answer or otherwise plead to the Complaint pursuant to Rul3 4(b) and 5 of the Rules Governing Section 2255 Proceedings within 20 days of the date of this Order. Response due by 6/25/2012. Signed by Judge S Arthur Spiegel on 6/5/2012. (km1) (Entered: 06/05/2012)
06/06/2012  Notice of Correction re: 852 MOTION for Leave to Appear NOTICE ONLY - NO MOTION - APPEARANCE ON BEHALF OF STEVEN E. WARSHAK ONLY Attorney: John H. Phillips. This document was incorrectly docketed and only pertains to Steven Warshak. Also the document was unsigned. Counsel will refile signed version under Notice(other). (jlw) (Entered: 06/06/2012)
06/06/2012856 NOTICE OF ATTORNEY APPEARANCE: John Henry Phillips appearing for Steven E Warshak Amended and Corrected (Phillips, John) (Entered: 06/06/2012)
06/08/2012857 CORRECTED EXHIBIT A (Scrivener's Error) re 853 MOTION to Vacate under 28 U.S.C. 2255 by Steven E Warshak (Phillips, John) (eh). Modified pdf to only include corrected ex. A on 6/11/2012 (eh). (Entered: 06/08/2012)
06/25/2012858 RESPONSE in Opposition by USA as to Steven E Warshak re 854 Supplemental MOTION to Vacate under 28 U.S.C. 2255 SUPPLEMENTAL MEMORANDUM IN SUPPORT, 853 MOTION to Vacate under 28 U.S.C. 2255 (Attachments: # 1 Exhibit 1) (Porter, Anne) (Entered: 06/25/2012)
07/09/2012859 REPLY TO RESPONSE to Motion by Steven E Warshak re 854 Supplemental MOTION to Vacate under 28 U.S.C. 2255 SUPPLEMENTAL MEMORANDUM IN SUPPORT (Phillips, John) (Entered: 07/09/2012)