CLOSED,EXH,SHORT,SUBMDJ

U.S. District Court
Northern District of Georgia (Atlanta)
CRIMINAL DOCKET FOR CASE #: 1:06-cr-00322-TCB-CCH All Defendants


Case title: USA v. Seher et al

Date Filed: 07/25/2006
Date Terminated: 12/14/2007

Assigned to: Judge Timothy C. Batten, Sr
Referred to: Magistrate Judge C. Christopher Hagy
Appeals court case numbers: '07-13935-EE' 'USCA - 11th Circuit.', '07-13935-EE, 07-1405' 'USCA - 11th Circuit.'

Defendant (1)
Toros Seher
TERMINATED: 12/14/2007
also known as
Torrez
TERMINATED: 12/14/2007
represented byToros Seher
Reg. No. 58297-019
MCRAE
CORRECTIONAL INSTITUTION
Inmate Mail/Parcels
PO Drawer 30
MCRAE, GA 31055
PRO SE

Wilmer Parker , III
Maloy Jenkins Parker
75 Fourteenth Street, N.W.
25th Floor
Atlanta, GA 30309
404-875-2700
Fax: 404-875-8757
Email: parker@mjplawyers.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1956(a)(1)(A)(I), (a)(1)(B)(I), (a)(1)(B)(ii), and (h) - MONEY LAUNDERING RE NARCOTICS - SELL, DISTRIBUTE OR DISPENSE
(1)
Dismissed pursuant to Standing Order 07-04.
18:1956(a)(1)(A)(i), 1956(a)(1)(B)(i), 1956(a)(1)(B)(ii), and 1956(h)- MONEY LAUNDERING RE NARCOTICS - SELL, DISTRIBUTE OR DISPENSE
(1s)
CBOP 72 MONTHS Counts 1,2,4, and 6 to run concurrently with Counts 3,5, and 7. 3 year Supervised Release on each Count to run concurrent. $700 Special Assessment. 2/16/2010: $1,610,400 Money Judgment entered.
18:1956(a)(3)(B) and (C) - MONEY LAUNDERING RE NARCOTICS - SELL, DISTRIBUTE OR DISPENSE
(2)
Dismissed pursuant to Standing Order 07-04.
18:1956(a)(3)(B) and 1956(a)(3)(C) MONEY LAUNDERING - EMBEZZLEMENT, OTHER
(2s)
CBOP 72 MONTHS Counts 1,2,4, and 6 to run concurrently with Counts 3,5, and 7. 3 year Supervised Release on each Count to run concurrent. $700 Special Assessment. 2/16/2010: $54,800 Money Judgment entered in connection with Counts 2-7.
31:5324(b)(1) and (d) - STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(3)
Dismissed pursuant to Standing Order 07-04.
31:5324(b)(1) and 5324(d)(2) STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(3s)
CBOP 60 MONTHS Counts 3,5, and 7 to run concurrently with Counts 1,2,4, and 6. 3 year Supervised Release on each Count to run concurrent. $700 Special Assessment. 2/16/2010: $54,800 Money Judgment entered in connection with Counts 2-7.
18:1956(a)(3)(B) and (C) - MONEY LAUNDERING RE NARCOTICS - SELL, DISTRIBUTE OR DISPENSE
(4)
Dismissed pursuant to Standing Order 07-04.
18:1956(a)(3)(B) and 1956(a)(3)(C) MONEY LAUNDERING - EMBEZZLEMENT, OTHER
(4s)
CBOP 72 MONTHS Counts 1,2,4, and 6 to run concurrently with Counts 3,5, and 7. 3 year Supervised Release on each Count to run concurrent. $700 Special Assessment. 2/16/2010: $54,800 Money Judgment entered in connection with Counts 2-7.
31:5324(b)(1) and (d) - STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(5-7)
Dismissed pursuant to Standing Order 07-04.
31:5324(b)(1) and 5324(d)(2) STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(5s)
CBOP 60 MONTHS Counts 3,5, and 7 to run concurrently with Counts 1,2,4, and 6. 3 year Supervised Release on each Count to run concurrent. $700 Special Assessment. 2/16/2010: $54,800 Money Judgment entered in connection with Counts 2-7.
18:1956(a)(3)(B) and 1956(a)(3)(C) MONEY LAUNDERING - EMBEZZLEMENT, OTHER
(6s)
CBOP 72 MONTHS Counts 1,2,4, and 6 to run concurrently with Counts 3,5, and 7. 3 year Supervised Release on each Count to run concurrent. $700 Special Assessment. 2/16/2010: $54,800 Money Judgment entered in connection with Counts 2-7.
31:5324(b)(1) and 5324(d)(2) STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(7s)
CBOP 60 MONTHS Counts 3,5, and 7 to run concurrently with Counts 1,2,4, and 6. 3 year Supervised Release on each Count to run concurrent. $700 Special Assessment. 2/16/2010: $54,800 Money Judgment entered in connection with Counts 2-7.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Timothy C. Batten, Sr
Referred to: Magistrate Judge C. Christopher Hagy
Appeals court case numbers: '07-13935-E' 'USCA - 11th Circuit.', '07-13935-EE, 07-1405' 'USCA - 11th Circuit.', 10-10832-GG USCA

Defendant (2)
Chaplin's, Inc
TERMINATED: 08/28/2007
represented byChaplin's, Inc
c/o Parseg Seher
250 Spring Street NW
Suite 6N105
Atlanta, GA 30303
PRO SE

Wilmer Parker , III
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1956(a)(1)(A)(I), (a)(1)(B)(I), (a)(1)(B)(ii), and (h) - MONEY LAUNDERING RE NARCOTICS - SELL, DISTRIBUTE OR DISPENSE
(1)
18:1956(a)(1)(A)(i), 1956(a)(1)(B)(i), 1956(a)(1)(B)(ii), and 1956(h)- MONEY LAUNDERING RE NARCOTICS - SELL, DISTRIBUTE OR DISPENSE
(1s)
18:1956(a)(3)(B) and (C) - MONEY LAUNDERING RE NARCOTICS - SELL, DISTRIBUTE OR DISPENSE
(2)
18:1956(a)(3)(B) and 1956(a)(3)(C) MONEY LAUNDERING - EMBEZZLEMENT, OTHER
(2s)
PROBATION 5 YEARS TO RUN CONCURRENTLY. $800.00 Special Assessment. Fine $50,000.00. 2/16/2010: $22,000 Money Judgment entered in connection with Counts 2-7.
31:5324(b)(1) and (d) - STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(3)
31:5324(b)(1) and 5324(d)(2) STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(3s)
PROBATION 5 YEARS TO RUN CONCURRENTLY. $800.00 Special Assessment. Fine $50,000.00. 2/16/2010: $22,000 Money Judgment entered in connection with Counts 2-7.
18:1956(a)(3)(B) and (C) - MONEY LAUNDERING RE NARCOTICS - SELL, DISTRIBUTE OR DISPENSE
(4)
18:1956(a)(3)(B) and 1956(a)(3)(C) MONEY LAUNDERING - EMBEZZLEMENT, OTHER
(4s)
31:5324(b)(1) and (d) - STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(5-7)
31:5324(b)(1) and 5324(d)(2) STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(5s)
18:1956(a)(3)(B) and 1956(a)(3)(C) MONEY LAUNDERING - EMBEZZLEMENT, OTHER
(6s)
31:5324(b)(1) and 5324(d)(2) STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(7s)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Timothy C. Batten, Sr
Referred to: Magistrate Judge C. Christopher Hagy
Appeals court case numbers: '07-13935-E' 'USCA - 11th Circuit.', '07-13935-EE, 07-1405' 'USCA - 11th Circuit.'

Defendant (3)
Chaplin's Midtown, Inc.
TERMINATED: 08/28/2007
represented byChaplin's Midtown, Inc.
c/o Sahin Corluoglu
231 18th Street NW
Building 7
Suite 9135
Atlanta, GA 30363
PRO SE

Wilmer Parker , III
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1956(a)(1)(A)(I), (a)(1)(B)(I), (a)(1)(B)(ii), and (h) - MONEY LAUNDERING RE NARCOTICS - SELL, DISTRIBUTE OR DISPENSE
(1)
18:1956(a)(1)(A)(i), 1956(a)(1)(B)(i), 1956(a)(1)(B)(ii), and 1956(h)- MONEY LAUNDERING RE NARCOTICS - SELL, DISTRIBUTE OR DISPENSE
(1s)
DISMISSED ON GOVT'S MOTION
18:1956(a)(3)(B) and (C) - MONEY LAUNDERING RE NARCOTICS - SELL, DISTRIBUTE OR DISPENSE
(2)
18:1956(a)(3)(B) and 1956(a)(3)(C) MONEY LAUNDERING - EMBEZZLEMENT, OTHER
(2s)
31:5324(b)(1) and (d) - STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(3)
31:5324(b)(1) and 5324(d)(2) STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(3s)
18:1956(a)(3)(B) and (C) - MONEY LAUNDERING RE NARCOTICS - SELL, DISTRIBUTE OR DISPENSE
(4)
18:1956(a)(3)(B) and 1956(a)(3)(C) MONEY LAUNDERING - EMBEZZLEMENT, OTHER
(4s)
PROBATION 5 YEARS TO RUN CONCURRENTLY. Special Assessment $1600.00. Fine $62,500.00 on each count. 2/16/2010: $32,800 Money Judgment entered in connection with Counts 2-7.
31:5324(b)(1) and (d) - STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(5-7)
31:5324(b)(1) and 5324(d)(2) STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(5s)
PROBATION 5 YEARS TO RUN CONCURRENTLY. Special Assessment $1600.00. Fine $62,500.00 on each count. 2/16/2010: $32,800 Money Judgment entered in connection with Counts 2-7.
18:1956(a)(3)(B) and 1956(a)(3)(C) MONEY LAUNDERING - EMBEZZLEMENT, OTHER
(6s)
PROBATION 5 YEARS TO RUN CONCURRENTLY. Special Assessment $1600.00. Fine $62,500.00 on each count. 2/16/2010: $32,800 Money Judgment entered in connection with Counts 2-7.
31:5324(b)(1) and 5324(d)(2) STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENTS
(7s)
PROBATION 5 YEARS TO RUN CONCURRENTLY. Special Assessment $1600.00. Fine $62,500.00 on each count. 2/16/2010: $32,800 Money Judgment entered in connection with Counts 2-7.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Claimant
Wachovia Bank NA represented byAndrew Bryan Goldberger
Law Office of Andrew Goldberger, P.C.
Suite 240
4514 Chamblee Dunwoody Road
Atlanta, GA 30338
404-932-2736
Fax: 404-920-8517
Email: Andrew@Goldberger-Law.com
ATTORNEY TO BE NOTICED


Claimant
Wells Fargo Bank, N.A. represented byDavid W. Adams
Ellis Painter Ratterree & Adams, LLP
10th Floor
2 East Bryan Street
P.O. Box 9946
Savannah, GA 31412-0146
912-233-9700
Email: dadams@epra-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byCynthia Beckwith Smith
Office of United States Attorney
Northern District of Georgia
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
404-581-6350
Email: cynthia.smith2@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Dahil Dueno Goss
Office of United States Attorney
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
404-581-6245
Email: dahil.goss@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jenny R. Turner
Office of United States Attorney
75 Spring Street, S.W.
600 United States Courthouse
Atlanta, GA 30303
404-581-6084
Fax: 404-581-6234
Email: jenny.turner@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Evan S. Weitz
U.S. Attorney's Office - NJ
District of New Jersey
970 Broad St.
Suite 700
Newark, NJ 07102
973-645-2740
Email: evan.weitz@usdoj.gov
TERMINATED: 07/14/2008

George Jeffrey Viscomi
U.S. Attorneys Office - ATL
600 Richard Russell Building
75 Spring Street, S.W.
Atlanta, GA 30303
404-581-6000
Email: Jeffrey.Viscomi@usdoj.gov
ATTORNEY TO BE NOTICED

J. Gabriel Banks
United States Attorney's Office
75 Spring Street, SW
Suite 600
Atlanta, GA 30303
404-581-6262
Email: alysun.laskowski@usdoj.gov
TERMINATED: 06/13/2007

Date Filed #Docket Text
07/25/2006INDICTMENT as to Toros Seher (1) count(s) 1, 2, 3, 4, 5-7, Chaplin's, Inc (2) count(s) 1, 2, 3, 4, 5-7, Chaplin's Midtown, Inc. (3) count(s) 1, 2, 3, 4, 5-7. (ryc) (Entered: 08/03/2006)
07/25/2006Defendant Information Sheet as to Toros Seher. (ryc) (Entered: 08/03/2006)
07/25/2006Praecipe filed. Warrant Issued as to Toros Seher and delivered to USM on 7/26/2006. (ryc) (Entered: 08/03/2006)
07/26/2006 MOTION to Seal Indictment by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (ryc) (Entered: 08/03/2006)
07/26/2006ORDER GRANTING 4 Motion to Seal Case as to Toros Seher (1), Chaplin's, Inc (2), Chaplin's Midtown, Inc. (3). Signed by Judge E. Clayton Scofield III on 7/26/2006. (ryc) (Entered: 08/03/2006)
07/26/2006 MOTION to Unseal Indictmentby USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (ryc) (Entered: 08/03/2006)
07/26/2006ORDER GRANTING 6 Motion to Unseal Case as to Toros Seher (1), Chaplin's, Inc (2), Chaplin's Midtown, Inc. (3). Signed by Judge E. Clayton Scofield III on 7/26/2006. (ryc) (Entered: 08/03/2006)
07/27/2006  Case as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. Assigned to Judge Timothy C. Batten, Sr and Pretrial Referral to Magistrate Judge C. Christopher Hagy. (ryc) (Entered: 08/04/2006)
07/27/2006Minute Entry for proceedings held before Judge E. Clayton Scofield III: INITIAL APPEARANCE as to Toros Seher. ARRAIGNMENT - PLEA OF NOT GUILTY on counts 1-7. Govt's motion for detention filed. Detention Hearing set for 7/31/2006 1:30 PM in Courtroom 1810 before Judge E. Clayton Scofield III. Temporary commitment issued. Estimated Trial Time-Short. (Attachments: # 1 Plea)(Tape #06-43@1273)(ryc) Modified to correct text on 5/7/2007 (bdb). (Entered: 08/04/2006)
07/27/2006 MOTION for Detention by USA as to Toros Seher. (ryc) (Entered: 08/04/2006)
07/31/200616 Minute Entry for proceedings held before Judge E. Clayton Scofield III:Bond Hearing as to Toros Seher. Surety Bond set at $150,000.00. Dft has until the close of business on 8/1/06 to execute the bond. Bond filed; Dft released. (Tape #ECS 06-46 @ 6621)(mas) (Entered: 08/07/2006)
07/31/200617 Surety Bond Entered as to Toros Seher in amount of $ 150,000.00. Sureties: Julie Landry and Sahin Corluoglu at 510 Olde Lauren Crt, Alpharetta, GA 30032 and 705 Wheller Peek Way, Alpharetta, GA 30022 respectively. (mas) (Entered: 08/07/2006)
07/31/200623 NOTICE OF ATTORNEY APPEARANCE: Wilmer Parker, III appearing on behalf of Chaplin's, Inc, Chaplin's Midtown, Inc. (originally filed in 1:06-mj-923) (mas) (Entered: 08/15/2006)
07/31/200624  EMERGENCY MOTION for Return of Property by Chaplin's, Inc, Chaplin's Midtown, Inc. (originally filed in 1:06-mj-923) (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)(mas) (Entered: 08/15/2006)
08/01/200618 ORDER Setting Conditions of Release as to Toros Seher. Signed by Judge E. Clayton Scofield III on 7/31/06.(mas) (Entered: 08/07/2006)
08/01/200619 CONSENT ORDER TO FORFEIT PROPERTY as to Toros Seher. Signed by Judge E. Clayton Scofield III on 8/1/06.(mas) (Entered: 08/07/2006)
08/03/200611 Minute Entry for proceedings held before Judge C. Christopher Hagy: INITIAL APPEARANCE. Arraignment held. PLEA of NOT GUILTY by Chaplin's, Inc (2) Counts 1,2,3,4,5-7. Estimated Trial Time-Short. Garcia hearing held. Parties have willingly and voluntarily agreed to continue with current counsel. Buddy Parker will represent all defendants. (Attachments: # 1 Plea)(Tape #CCH 06-24@4578)(ryc) Modified to add text on 5/7/2007 (bdb). (Entered: 08/04/2006)
08/03/200612 Request for Arraignment as to Chaplin's, Inc. (ryc) (Entered: 08/04/2006)
08/03/200613 Request for Arraignment as to Chaplin's Midtown, Inc. (ryc) (Entered: 08/04/2006)
08/03/200614 Minute Entry for proceedings held before Judge C. Christopher Hagy: INITIAL APPEARANCE. Arraignment held. PLEA of NOT GUILTY by Chaplin's Midtown, Inc. (3) Counts 1,2,3,4,5-7. Estimated Trial Time-Short. Garcia hearing held. Parties have willingly and voluntarily agreed to continue with current counsel. Buddy Parker will represent all defendants. (Tape #CCH 06-24@4578)(ryc) Modified to add text on 5/7/2007 (bdb). Additional attachment(s) added on 5/7/2007 (ryc). (Entered: 08/04/2006)
08/03/200620 Minute Entry for proceedings held before Judge C. Christopher Hagy :Hearing as to Defendant Chaplin's, Inc. (2) on the Emergency Motion for Return of Seized Property (Motion filed under seizure warrant numbers 1:06-mj-923,924-926) Motion TAKEN UNDER ADVISEMENT. (Court Reporter Elise Evans)(mas) (Entered: 08/07/2006)
08/03/200621 Minute Entry for proceedings held before Judge C. Christopher Hagy :Hearing as to Defendant Chaplin's, Midtown (3) on the Emergency Motion for Return of Seized Property (Motion filed under seizure warrant numbers 1:06-mj-923,924-926) Motion TAKEN UNDER ADVISEMENT. (Court Reporter Elise Evans)(mas) (Entered: 08/07/2006)
08/03/200625 RESPONSE in Opposition filed by USA re 24 Emergency MOTION for Return of Property as to Chaplin's, Inc, Chaplin's Midtown, Inc. (originally filed in 1:06-mj-923) (mas) Modified on 8/15/2006 to add text (mas). (Entered: 08/15/2006)
08/04/200610 NOTICE OF ATTORNEY APPEARANCE Evan Weitz appearing for USA. for asset forfeiture related issues (Weitz, Evan) (Entered: 08/04/2006)
08/04/200615 PRETRIAL SCHEDULING ORDER as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. Pretrial Conference set for 9/8/2006 10:00 AM in Courtroom 1879 before Judge C. Christopher Hagy. Signed by Judge C. Christopher Hagy on 8/4/06.(cb) (Entered: 08/04/2006)
08/04/200626 REPLY TO RESPONSE to 24 Emergency MOTION for Return of Property filed by Chaplin's, Inc, Chaplin's Midtown, Inc. (originally filed in 1:06-mj-923) (mas) Modified on 8/15/2006 to add text (mas). (Entered: 08/15/2006)
08/04/200627 Statement of Security filed by Chaplin's, Inc, Chaplin's Midtown, Inc. (originally filed in 1:06-mj-923) (mas) Modified on 8/15/2006 to text (mas). (Entered: 08/15/2006)
08/10/200622 TRANSCRIPT of Motion Proceedings as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. held on 8/3/06 before Judge C. Christopher Hagy. Court Reporter: Elise Smith Evans. (mas) (Entered: 08/11/2006)
08/10/200628 ORDER denying defendants' 24 Emergency Motion for Return of Property as to Chaplin's, Inc (2), Chaplin's Midtown, Inc. (3). Signed by Judge C. Christopher Hagy on 8/10/06. (mas) (Entered: 08/15/2006)
08/11/200629 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.:Minute Entry re: Appeal from a Magistrate Judge's Order. Mr. Parker moved orally to appeal Magistrate Judge Hagy's 28 Order and for the return of defendants' property. After hearing argument from counsel the Court finds that Judge Hagy's Order is correct and affirms Judge Hagy's ruling. (Court Reporter Elise Evans)(mas) Additional attachment(s) added on 8/16/2006 (mas). Modified text on 8/16/2006 to correct Judge's name.(mas). (Entered: 08/15/2006)
08/16/2006  Notification of Docket Correction re 29 Minute Entry. Modified entry to attach the corrected minute sheet reflecting Judge Timothy C. Batten, Sr. as the presiding District Judge. (mas) (Entered: 08/16/2006)
08/23/200631 FIRST SUPERSEDING INDICTMENT with Forfeiture Provisions as to Toros Seher (1) counts 1s, 2s, 3s, 4s, 5s, 6s, 7s, Chaplin's, Inc (2) counts 1s, 2s, 3s, 4s, 5s, 6s, 7s, Chaplin's Midtown, Inc. (3) counts 1s, 2s, 3s, 4s, 5s, 6s, 7s. (mas) (Entered: 08/25/2006)
08/23/200632 Defendant Information Sheet as to Toros Seher. (mas) (Entered: 08/25/2006)
08/23/200633 Defendant Information Sheet as to Chaplin's, Inc. (mas) (Entered: 08/25/2006)
08/23/200634 Defendant Information Sheet as to Chaplin's Midtown, Inc. (mas) (Entered: 08/25/2006)
08/23/200635 Request for Arraignment as to Toros Seher. (mas) (Entered: 08/25/2006)
08/23/200636 Request for Arraignment as to Chaplin's, Inc. (mas) (Entered: 08/25/2006)
08/23/200637 Request for Arraignment as to Chaplin's Midtown, Inc. (mas) (Entered: 08/25/2006)
08/24/200630 CONSENT RESTRAINING ORDER as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. It is ORDERED that the Government, Defendants, and others ensure that the property seized in this case remain available for forfeiture at the end of these proceedings, including those items which shall be released to Defendants. The United States' deadline for filing a complaint for forfeiture against the seized items is extended until 90 days from the close of these criminal proceedings. Signed by Judge Timothy C. Batten Sr. on 8/24/06.(mas) (Entered: 08/25/2006)
08/24/200638 Summons Issued as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. Arraignment on First Superseding Indictment set for 8/31/2006 at 11:15 AM in Courtroom 2008 before Judge Janet F. King. (mas) (Entered: 08/25/2006)
08/25/200639 TRANSCRIPT of Appeal of Magistrate's Order Proceedings as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. held on 8/11/06 before Judge Timothy C. Batten, Sr. Court Reporter: Elise Smith Evans. (mas) (Entered: 08/28/2006)
08/30/200640 NOTICE of Filing Corporate Bond as to Chaplin's, Inc, Chaplin's Midtown, Inc. re 30 Order,, (Parker, Wilmer) (Entered: 08/30/2006)
08/31/200641 Minute Entry for proceedings held before Judge Janet F. King :Arraignment on Superseding Indictment, PLEA of NOT GUILTY entered by Toros Seher (1) on Counts 1s,2s,3s,4s,5s,6s,7s. Waiver of Appearance filed. (Tape #JFK 06-27 @ 2052)(mas) (Entered: 09/01/2006)
08/31/200642 WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Toros Seher. (mas) (Entered: 09/01/2006)
08/31/200643 Minute Entry for proceedings held before Judge Janet F. King :Arraignment on Superseding Indictment, PLEA of NOT GUILTY by Chaplin's, Inc (2) on Counts 1s,2s,3s,4s,5s,6s,7s. Waiver of Appearance filed. (Tape #JFK 06-27 @ 2052)(mas) (Entered: 09/01/2006)
08/31/200644 WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Chaplin's, Inc. (mas) (Entered: 09/01/2006)
08/31/200645 Minute Entry for proceedings held before Judge Janet F. King :Arraignment on Superseding Indictment, PLEA of NOT GUILTY by Chaplin's Midtown, Inc. (3) on Counts 1s,2s,3s,4s,5s,6s,7s. Waiver of Appearance filed. (Tape #JFK 06-27 @ 2052)(mas) (Entered: 09/01/2006)
08/31/200646 WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Chaplin's Midtown, Inc. (mas) (Entered: 09/01/2006)
09/06/200647 Joint MOTION to Suppress Search and Seizure with Brief In Support by Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Attachments: # 1 Exhibit Affidavit# 2 Exhibit Search Warrants# 3 Exhibit Inventory List)(Parker, Wilmer) (Entered: 09/06/2006)
09/06/200648 Joint MOTION for Production of Brady Materials Pursuant to Brady v. Maryland with Brief In Support by Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Parker, Wilmer) (Entered: 09/06/2006)
09/06/200649 Joint MOTION for Discovery of Statements of Corporate Agents with Brief In Support by Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Parker, Wilmer) (Entered: 09/06/2006)
09/06/200650 Joint MOTION for Bill of Particulars with Brief In Support by Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Parker, Wilmer) (Entered: 09/06/2006)
09/06/200651 Third Party MOTION for Return of Property by by Parseg Seher and Julie Landry with Brief In Support by Chaplin's, Inc. (Parker, Wilmer) (Entered: 09/06/2006)
09/07/200652 PRETRIAL SCHEDULING ORDER as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. Pretrial Conference set for 9/22/2006 10:00 AM in Courtroom 1879 before Judge C. Christopher Hagy. Signed by Judge C. Christopher Hagy on 9/7/06.(cb) (Entered: 09/07/2006)
09/07/200653 NOTICE OF FILING Lis Pendens as to 213 16th Street, Apt. 2, Atlanta, Georgia as to Toros Seher filed by USA (Attachments: # 1 Lis Pendens)(Weitz, Evan) (Entered: 09/07/2006)
09/19/200654  MOTION for Extension of Time to File Government's Responses to the Defendants' Motions re: 49 MOTION for Discovery, 50 MOTION for Bill of Particulars, 48 MOTION for Production of Brady Materials, 47 MOTION to Suppress Search and Seizure by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Attachments: # 1 Text of Proposed Order)(Banks, J.) (Entered: 09/19/2006)
09/25/200655 Minute Entry for proceedings held before Judge C. Christopher Hagy :Pretrial Conference as to Toros Seher re: 47 MOTION to Suppress Search and Seizure, 48 MOTION for Production of Brady Materials, 49 MOTION for Discovery, 50 Joint MOTION for Bill of Particulars, and 54 MOTION for Extension of Time. The parties shall have until 10/20/06 to file any additional motions. The delay occasioned by this extension shall be excluded from Speedy Trial Calculations pursuant to 18 U.S.C. 3161(h)(8)(A). (Tape #CCH 06-32 @ 3459)(mas) (Entered: 09/26/2006)
09/25/200656 Minute Entry for proceedings held before Judge C. Christopher Hagy :Pretrial Conference as to Chaplin's, Inc re: 47 MOTION to Suppress Search and Seizure, 48 MOTION for Production of Brady Materials, 49 MOTION for Discovery, 50 MOTION for Bill of Particulars, 51 Third Party MOTION for Return of Property by by Parseg Seher and Julie Landry, and 54 MOTION for Extension of Time. The parties shall have until 10/20/06 to file any additional motions. The delay occasioned by this extension shall be excluded from Speedy Trial Calculations pursuant to 18 U.S.C. 3161(h)(8)(A). (Tape #CCH 06-32 @ 3459)(mas) (Entered: 09/26/2006)
09/25/200657 Minute Entry for proceedings held before Judge C. Christopher Hagy :Pretrial Conference as to Chaplin's Midtown, Inc. re: 47 Joint MOTION to Suppress Search and Seizure, 48 Joint MOTION for Production of Brady Materials Pursuant to Brady v. Maryland, 49 Joint MOTION for Discovery of Statements of Corporate Agents, 50 MOTION for Bill of Particulars, 54 MOTION for Extension of Time. The parties shall have until 10/20/06 to file any additional motions. The delay occasioned by this extension shall be excluded from Speedy Trial Calculations pursuant to 18 U.S.C. 3161(h)(8)(A). (Tape #CCH 06-32 @ 3459)(mas) (Entered: 09/26/2006)
09/25/2006  ORAL ORDER as to Toros Seher (1), Chaplin's, Inc (2), Chaplin's Midtown, Inc. (3) taking under advisement 47 Motion to Suppress Search and Seizure (Govt response due 10/20/06); granting 48 Joint Motion for Production of Brady Materials; granting in part and denying in part 49 Motion for Discovery (will provide agents memo of interviews by 10/6/06); granting in part and denying in part 50 Motion for Bill of Particulars (grant request #1 in part (name 4) deny 2 & 3); granting 54 Motion for Extension of Time to Respond; granting in part and denying in part 51 Motion for Return of Property (copies of all business records and originals of Stone authenticity to be returned by 9/29/06). Ruled on by Judge C. Christopher Hagy on 9/25/06 at 55 , 56 , and 57 Pretrial Conference. (mas) (Entered: 09/26/2006)
10/02/200658 Arrest Warrant Returned Executed on 7/26/2006 as to Toros Seher. Defendant arrested by IRS N/GA (adg) (Entered: 10/03/2006)
10/20/200659 Second MOTION for Extension of Time To File Response To Motion To Suppress re: 47 MOTION to Suppress Search and Seizure by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Banks, J.) (Entered: 10/20/2006)
10/23/200660 ORDER GRANTING 59 Motion for Extension of Time to File Response to Defendants' Joint Motion to Supporess as to Toros Seher (1), Chaplin's, Inc (2), Chaplin's Midtown, Inc. (3). The USA shall have until 10/31/2006 within which to file its response. The time from this date until 10/31/2006 shall be excluded pursuant to 18 USC Section 3161(h)(8)(A) and (B)(iv). Signed by Judge C. Christopher Hagy on 10/23/2006. (adg) (Entered: 10/23/2006)
11/01/200661 RESPONSE by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. re: 47 Joint MOTION to Suppress Search and Seizure (Banks, J.) Modified on 11/9/2006 to remove unnecessary document links(mas). (Entered: 11/01/2006)
11/15/200662 REPLY TO RESPONSE to Motion as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. re: 47 MOTION to Suppress Search and Seizure (Parker, Wilmer) (Entered: 11/15/2006)
11/30/200663 REPORT AND RECOMMENDATION with Order for Service as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. recommending denying Defendants' 47 MOTION to Suppress Search and Seizure. The ten days allowed for objections, plus three days for mailing, is EXCLUDED from the computation of time under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(1)(F). Signed by Judge C. Christopher Hagy on 11/30/06.(mas) (Entered: 12/01/2006)
11/30/200664 ORDER CERTIFYING CASE READY FOR TRIAL as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. Signed by Judge C. Christopher Hagy on 11/30/06.(mas) (Entered: 12/01/2006)
12/08/200665 OBJECTIONS TO 63 REPORT AND RECOMMENDATION as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. by Chaplin's Midtown, Inc. (Parker, Wilmer) (Entered: 12/08/2006)
01/02/200766 ORDER denying 47 Motion to Suppress Search and Seizure as to Toros Seher (1), Chaplin's, Inc (2), Chaplin's Midtown, Inc. (3); ADOPTING 63 Report and Recommendation. Signed by Judge Timothy C. Batten Sr. on 1/2/07. (smg) (Entered: 01/02/2007)
01/10/2007  NOTICE SETTING TRIAL as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc., Jury Trial set for 2/12/2007 9:30 AM in Courtroom 2306 before Judge Timothy C. Batten Sr. Motions in limine shall be filed no later than 1/22/07, responses no later than 1/29/07. Pretrial Conference set for 2/7/07 at 10:00 a.m. in courtroom 2306. (jgs) (Entered: 01/10/2007)
01/16/200767 NOTICE OF ATTORNEY APPEARANCE Jenny R. Turner appearing for USA. (Turner, Jenny) (Entered: 01/16/2007)
01/22/200768  MOTION in Limine Seeking Immediate Disclosure of Brady/Giglio Material by Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Parker, Wilmer) (Entered: 01/22/2007)
01/22/200769  MOTION in Limine to Exclude Certain Evidence and Testimony by Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Parker, Wilmer) (Entered: 01/22/2007)
01/23/200770  MOTION for Extension of Time To File Motions In Limine by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Turner, Jenny) (Entered: 01/23/2007)
01/31/200771 VACATED PER ORDER OF 2/5/07 ORDER as to Toros Seher (1), Chaplin's, Inc (2), Chaplin's Midtown, Inc. (3) granting the Government's 70 Motion for Extension of Time to File Motions in Limine and Responses to any Filed Motions. Motions shall be filed no later than 1/29/07 and responses to those motions are due 2/5/07. Pretrial Conference continued to 2/21/2007 at 10:00 AM in Courtroom 1906 before Judge Timothy C. Batten Sr. Jury Trial continued to 3/5/2007 at 09:30 AM in Courtroom 1906 before Judge Timothy C. Batten Sr. Signed by Judge Timothy C. Batten Sr. on 1/31/07. (mas) Modified on 2/5/2007 (mas). (Entered: 01/31/2007)
02/01/200772  MOTION to Continue Trial by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Attachments: # 1 Text of Proposed Order Order to Reset Trial)(Turner, Jenny) (Entered: 02/01/2007)
02/01/200773 RESPONSE in Opposition as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. re 72 MOTION to Continue Trial (Parker, Wilmer) (Entered: 02/01/2007)
02/02/200774 RESPONSE by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. re: 68 MOTION in Limine Seeking Immediate Disclosure of Brady/Giglio Material (Turner, Jenny) (Entered: 02/02/2007)
02/02/200775 Sealed Document. (fap) (Entered: 02/02/2007)
02/02/200776 Sealed Document. (fap) (Entered: 02/02/2007)
02/02/200777 Sealed Document. (fap) (Entered: 02/02/2007)
02/02/200778 Sealed Document. (fap) (Entered: 02/02/2007)
02/02/200779 Sealed Document. (fap) (Entered: 02/02/2007)
02/02/200780 Sealed Document. (fap) (Entered: 02/02/2007)
02/05/200781 ORDER as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. VACATING the Court's 71 Order. Jury Trial reset for 2/12/2007 at 09:30 AM in Courtroom 2306 before Judge Timothy C. Batten Sr. Pretrial Conference set for 2/7/2006 at 10:00 AM in Courtroom 2306 before Judge Timothy C. Batten Sr. Proposed voir dire questions shall be filed no later than 2/6/07 at 3:00 pm. Proposed requests to charge shall be filed no later than 2:00 pm. on 2/9/07. Signed by Judge Timothy C. Batten Sr. on 2/5/07.(mas) (Entered: 02/05/2007)
02/05/200782 Joint TRIAL BRIEF as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (Parker, Wilmer) (Entered: 02/05/2007)
02/05/200783 RESPONSE by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. re: 69 MOTION in Limine to Exclude Certain Evidence and Testimony (Turner, Jenny) (Entered: 02/05/2007)
02/06/200784  Proposed Voir Dire Questions as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. by USA. (Turner, Jenny) (Entered: 02/06/2007)
02/06/200785  Proposed Voir Dire Questions as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (Parker, Wilmer) (Entered: 02/06/2007)
02/06/200786 Second MOTION in Limine To Exclude Certain Testimony by Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Parker, Wilmer) (Entered: 02/06/2007)
02/07/200787 Minute Entry for proceedings held before Judge Timothy C. Batten Sr.:Pretrial Conference as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. The Court will hold an in camera Garcia hearing on 2/8/07 at 10:00 am in Courtroom 1906. (Court Reporter Martha Frutchey)(mas) (Entered: 02/08/2007)
02/07/2007  ORAL ORDER as to Toros Seher (1), Chaplin's, Inc (2), Chaplin's Midtown, Inc. (3) denying as moot 68 Motion in Limine; granting in part and denying in part 69 Motion in Limine; denying as moot 72 Motion for Continuance; and deferring ruling on 86 Motion in Limine (counsel believe they can resolve this motion by agreement). Ruled on by Judge Timothy C. Batten Sr. on 2/7/07 at 87 Pretrial Conference. (mas) (Entered: 02/08/2007)
02/08/200788 Proposed Jury Instructions as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. filed by USA (Turner, Jenny) (Entered: 02/08/2007)
02/08/200793 Sealed Document. (fap) (Entered: 02/12/2007)
02/08/200794 Sealed Document. (fap) (Entered: 02/12/2007)
02/08/200795 Sealed Document. (fap) (Entered: 02/12/2007)
02/08/200796 Sealed Document. (fap) (Entered: 02/12/2007)
02/09/200789 Proposed Jury Instructions as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (Attachments: # 1 Exhibit A)(Parker, Wilmer) (Entered: 02/09/2007)
02/11/200790 Requests to Charge as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. filed by USA (Turner, Jenny) Modified text on 2/13/2007 to accurately reflect e-filed pleading(mas). (Entered: 02/11/2007)
02/11/200791  MOTION for Reconsideration re 84 Proposed Voir Dire Questions filed by USA, by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Turner, Jenny) (Entered: 02/11/2007)
02/11/200792 Requests to Charge and Proposed Special Verdict Form for Forfeiture as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. filed by USA (Turner, Jenny) Modified on 2/13/2007 to add text(mas). (Entered: 02/11/2007)
02/12/200797 Minute Entry for proceedings held before Judge Timothy C. Batten Sr.:Voir Dire Begun as to Toros Seher (1), Chaplin's, Inc (2)and Chaplin's Midtown, Inc. (3). Jury was sworn and the rule of sequestration was invoked. Government files a motion and proposed order to dismiss count one of the First Superseding Indictment - GRANTED by the Court. Jury Trial begun as to Toros Seher on Counts 1s,2s,3s,4s,5s,6s,7s, Chaplin's, Inc, on Counts 1s,2s,3s,4s,5s,6s,7s, and Chaplin's Midtown, Inc. on Counts 1s,2s,3s,4s,5s,6s,7s. Opening statements. Government witnesses sworn and testified. Government's exhibits ADMITTED. Hearing not concluded. Court adjourned and will reconvene at 9 am on 2/13/07. (Court Reporter Elise Evans)(mas) (Entered: 02/13/2007)
02/12/200798 GOVERNMENT MOTION TO DISMISS COUNTS AND ORDER GRANTING SAME as to Chaplin's Midtown, Inc. (3), Count 1s: DISMISSED ON GOVT'S MOTION. Signed by Judge Timothy C. Batten Sr. on 2/12/07.(mas) (Entered: 02/13/2007)
02/13/200799 Minute Entry for proceedings held before Judge Timothy C. Batten Sr.:Jury Trial Continued as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. on 2/13/2007. Government's witnesses sworn and testified. Government's exhibits ADMITTED. Defendant's exhibits ADMITTED. Hearing not concluded. Court adjourned and will reconvene at 9 am on 2/14/07. (Court Reporter Elise Evans)(mas) (Entered: 02/14/2007)
02/14/2007110 Minute Entry for proceedings held before Judge Timothy C. Batten Sr.:Jury Trial Continued as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. on 2/14/2007. Government's witnesses continued. Government's exhibits ADMITTED. Defendant's exhibits ADMITTED. Hearing not concluded. Court adjourned and will reconvene at 9 am on 2/15/07. (Court Reporter Elise Evans)(mas) (Entered: 02/20/2007)
02/15/2007100 NOTICE of Objection To Defendants' Proposed Jury Instructions as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. filed by USA (Turner, Jenny) (Entered: 02/15/2007)
02/15/2007101 Supplemental Proposed Jury Instructions as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (Attachments: # 1 Exhibit A)(Parker, Wilmer) Modified on 2/16/2007 to add text(mas). (Entered: 02/15/2007)
02/15/2007102  TRIAL BRIEF as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. Defendants' Memorandum of Law in Support of Dismissal or Judgment of Acquittal (Parker, Wilmer) (Entered: 02/15/2007)
02/15/2007103 RESPONSE as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. re: 102 Trial Brief (Turner, Jenny) (Entered: 02/15/2007)
02/15/2007111 Minute Entry for proceedings held before Judge Timothy C. Batten Sr.:Jury Trial Continued as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. on 2/15/2007. Government's witnesses continued. Government's exhibits ADMITTED. Defendant's exhibits ADMITTED. Govt rests. Defendant moves to dismiss and waives the right to a jury trial on the forfeiture issue. Counsel argue the motion to dismiss. The Govt is given until 8 pm today to file a response with citations to the motion to dismiss. Counsel can further argue the motion at 9:30 am on 2/16/07 at a charge conference. Hearing not concluded. Court adjourned and will reconvene at 9:30 am on 2/16/07, jury to arrive at 11 am. (Court Reporter Elise Evans)(mas) (Entered: 02/20/2007)
02/16/2007104 RESPONSE as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. re: 102 Trial Brief (Turner, Jenny) (Entered: 02/16/2007)
02/16/2007105 Government's Bill of Particulars as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.by USA. (Weitz, Evan) (Entered: 02/16/2007)
02/17/2007106 Supplemental Brief re: 103 Response (Non-Motion), 102 Trial Brief, 104 Response (Non-Motion) as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (Turner, Jenny) (Entered: 02/17/2007)
02/17/2007107 Proposed Jury Instructions as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. filed by USA (Turner, Jenny) (Entered: 02/17/2007)
02/19/2007108 Proposed Jury Instructions as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (Parker, Wilmer) (Entered: 02/19/2007)
02/19/2007109  TRIAL BRIEF as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. Reply to Government's Supplemental Response Memorandum of Law in Support of Dismissal or Judgment of Acquittal (Parker, Wilmer) (Entered: 02/19/2007)
02/20/2007116 Minute Entry for proceedings held before Judge Timothy C. Batten Sr.:Jury Trial Continued as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. on 2/20/2007. The Court hears from Defendants and grants in part and denies in part Defendant's motion to dismiss counts of the Indictment. The Defendant rests and indicates that the Defendant wishes to enter pleas of guilty to certain counts. PLEA of GUILTY by Toros Seher (1) on Counts 3s,5s,7s and Chaplin's, Inc (2) PLEA of GUILTY on Count 3s and Chaplin's Midtown, Inc. (3) PLEA of GUILTY on Counts 5s,7s. Jury charged. Closing statements. Deliberations begin. A note from the jury is reviewed and answered. Hearing not concluded. Court adjourned and will reconvene at 9:00 am on 2/21/07. (Court Reporter Elise Evans)(mas) (Entered: 02/23/2007)
02/20/2007119 Jury Notes as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (mas) (Entered: 02/23/2007)
02/20/2007131 Redacted Indictment as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. being made part of the record per directions from Chambers.(mas) (Entered: 02/23/2007)
02/21/2007112 Sealed Document. (fap) (Entered: 02/21/2007)
02/21/2007113 Sealed Document. (fap) (Entered: 02/21/2007)
02/21/2007114 Sealed Document. (fap) (Entered: 02/21/2007)
02/21/2007117 Minute Entry for proceedings held before Judge Timothy C. Batten Sr.:Jury Trial Continued as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. on 2/21/2007. Jury continues deliberations at 10:00 am. Jury note reviewed and answered. Deliberations end for the day at 5:15 pm. (Court Reporter Elise Evans)(mas) (Entered: 02/23/2007)
02/21/2007120 Jury Notes as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (mas) (Entered: 02/23/2007)
02/22/2007115 Sealed Document. (fap) (Entered: 02/23/2007)
02/22/2007118 Minute Entry for proceedings held before Judge Timothy C. Batten Sr.:Jury Trial concluded as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. on 2/22/2007. Jury began deliberations at 9:00am. Jury notes were reviewed and answered. The Court gives an Allen Charge. Jury continues deliberations. The jury returned a verdict of GUILTY on Count 6 as to Toros Seher and GUILTY on Count 6 as to Chaplin's Midtown. The Jury continues deliberations. The jury returns a verdict of guilty on all remaining counts on all defendants. The jury is polled. Sentence is set for 7/11/07 at 10:00 am. Briefing on the remaining forfeiture issues will proceed as follows: Government brief on 4/20/07, Dfts' response as of 5/18/07 and the Government reply as of 6/1/07. The Court has determined that the exhibits shall be returned to the parties for retention pending the resolution of any appeal. The Deputy Clerk will make arrangement for transfer of the exhibits to parties. (Court Reporter Elise Evans)(mas) (Entered: 02/23/2007)
02/22/2007121 Jury Notes as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (mas) (Entered: 02/23/2007)
02/22/2007122 JURY VERDICT as to Toros Seher (1) Guilty on Count 1s,2s,4s,6s. (mas) (Entered: 02/23/2007)
02/22/2007123 JURY VERDICT as to Chaplin's, Inc (2) Guilty on Count 2s. (mas) (Entered: 02/23/2007)
02/22/2007124 JURY VERDICT as to Chaplin's Midtown, Inc. (3) Guilty on Counts 4s,6s. (mas) (Entered: 02/23/2007)
02/22/2007125 NOTICE OF SENTENCING as to Toros Seher: Sentencing set for 7/11/2007 at 10:00 AM in Courtroom 1708 before Judge Timothy C. Batten Sr. (mas) (Entered: 02/23/2007)
02/22/2007126 NOTICE OF SENTENCING as to Chaplin's, Inc: Sentencing set for 7/11/2007 at 10:00 AM in Courtroom 1708 before Judge Timothy C. Batten Sr. (mas) (Entered: 02/23/2007)
02/22/2007127 NOTICE OF SENTENCING as to Chaplin's Midtown, Inc.: Sentencing set for 7/11/2007 at 10:00 AM in Courtroom 1708 before Judge Timothy C. Batten Sr. (mas) (Entered: 02/23/2007)
02/22/2007133 ORDER as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. by the Court that the Court cover the expense of lunch for Jurors from 2/20/07 through to the conclusion of deliberations. Signed by Judge Timothy C. Batten Sr. on 2/20/07. (mas) (Entered: 03/08/2007)
02/22/2007   ORAL MOTION for Judgment of Acquittal, and MOTION for New Trial by Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (mas) (Entered: 05/03/2007)
02/23/2007128 Government's EXHIBIT LIST as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (mas) (Entered: 02/23/2007)
02/23/2007129 Defendants' EXHIBIT LIST as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (mas) (Entered: 02/23/2007)
02/23/2007130 Jury Charge as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (mas) (Entered: 02/23/2007)
02/23/2007132 ORDER as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. granting defendants additional time to perfect their previously made motion for judgment of acquittal and newly made motion for new trial. The defendants shall have up to 10 days following the preparation and filing of requested record excerpts in which they may more formally brief their respective motions. Signed by Judge Timothy C. Batten Sr. on 2/23/07.(mas) (Entered: 02/26/2007)
03/08/2007134  WITNESS LIST as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. filed by USA. (mas) (Entered: 03/09/2007)
03/14/2007135 Government's Receipt for Exhibits as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. The Government will retain their exhibits admitted during the trial which began 2/12/07 pending expiration of the time an appeal may be pending. (mas) (Entered: 03/14/2007)
03/14/2007137 Minute Entry for proceedings held before Judge Timothy C. Batten Sr.: Bond Revocation Hearing as to Toros Seher (1). Govt witness sworn. The Government orally moved for reconsideration of the Court ruling allowing the Dft to remain on bond pending sentence. The motion for reconsideration is orally denied. The Defendant shall see Dr. David Davis within the next week and reside with his brother, Parsig Seher until further order of the Court. The Court DENIED the Government's 136 Motion to Revoke Bond. (Court Reporter Lois Phillips.) (mas) (Entered: 03/16/2007)
03/15/2007136  MOTION to Revoke Bond by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Turner, Jenny) (Entered: 03/15/2007)
03/15/2007138 Defendants' Receipt for Exhibits as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. The Defendants will retain their exhibits admitted during the trial which began 2/12/07 pending expiration of the time an appeal may be pending. (mas) (Entered: 03/16/2007)
03/23/2007139 TRANSCRIPT of Excerpts of Jury Trial Proceedings as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. held on 2/12/07 before Judge Timothy C. Batten, Sr. Court Reporter: Elise Smith Evans. (mas) (Entered: 03/26/2007)
03/23/2007140 TRANSCRIPT of Excerpts of Jury Trial Proceedings as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. held on 2/13/07 before Judge Timothy C. Batten, Sr. Court Reporter: Elise Smith Evans. (mas) (Entered: 03/26/2007)
03/23/2007141 TRANSCRIPT of Excerpts of Jury Trial Proceedings as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. held on 2/14/07 before Judge Timothy C. Batten, Sr. Court Reporter: Elise Smith Evans. (mas) (Entered: 03/26/2007)
03/23/2007142 TRANSCRIPT of Excerpts of Jury Trial Proceedings as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. held on 2/15/07 before Judge Timothy C. Batten, Sr. Court Reporter: Elise Smith Evans. (mas) (Entered: 03/26/2007)
03/23/2007143 TRANSCRIPT of Excerpts of Jury Trial Proceedings as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. held on 2/20/07 before Judge Timothy C. Batten, Sr. Court Reporter: Elise Smith Evans. (mas) (Entered: 03/26/2007)
03/30/2007144 ORDER OF CJA 20-Appointment to Pay Court Appointed Counsel as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. : Appointment of Attorney Nelson Otis Tyrone, III for Beverly Johnson (Trial Witness). Nunc pro tunc to 2/12/07. Signed by Judge E. Clayton Scofield III on 3/30/07. (mas) (Entered: 04/02/2007)
04/03/2007  Submission of 136 MOTION to Revoke Bond as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc., submitted to District Judge Timothy C. Batten. (mas) (Entered: 04/03/2007)
04/05/2007145 Supplemental Brief re ORAL MOTION for Judgment of Acquittal, and MOTION for New Trial as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (Parker, Wilmer) Modified text on 5/3/2007 (mas). (Entered: 04/05/2007)
04/05/2007146 TRANSCRIPT of Excerpts of Jury Trial as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. held on February 12, 2007 before Judge Timothy C. Batten, Sr. Court Reporter: Elise Smith Evans. (ddm) (Entered: 04/06/2007)
04/05/2007147 TRANSCRIPT of Excerpts of Jury Trial Proceedings as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. held on February 13, 2007 before Judge Timothy C. Batten, Sr. Court Reporter: Elise Smith Evans. (ddm) (Entered: 04/06/2007)
04/05/2007148 TRANSCRIPT of Excerpts of Jury Trial Proceedings as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. held on February 14, 2007 before Judge Timothy C. Batten, Sr. Court Reporter: Elise Smith Evans. (ddm) (Entered: 04/06/2007)
04/05/2007149 TRANSCRIPT of Excerpts of Jury Trial Proceedings as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. held on February 15, 2007 before Judge Timothy C. Batten, Sr. Court Reporter: Elise Smith Evans. (ddm) (Entered: 04/06/2007)
04/05/2007150 TRANSCRIPT of Excerpts of Jury Trial Proceedings as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. held on February 20-22, 2007 before Judge Timothy C. Batten, Sr. Court Reporter: Elise Smith Evans. (ddm) (Entered: 04/06/2007)
04/13/2007151  MOTION for Extension of Time re: 145 Supplemental Brief to Respond to Motion for Judgment of Acquittal and New Trial by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Turner, Jenny) (Entered: 04/13/2007)
04/16/2007152 ORDER as to Toros Seher (1), Chaplin's, Inc (2), Chaplin's Midtown, Inc. (3) granting Government's 151 Motion for Extension of Time through 4/30/07 to File Response to the Defendants' Motion for Judgment of Acquittal and New Trial. Signed by Judge Timothy C. Batten Sr. on 4/16/07. (mas) (Entered: 04/16/2007)
04/20/2007153 DOCUMENT FILING ERROR MOTION for Forfeiture of Property Preliminary Order of Forfeiture by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B - Declaration of Kim Bettistea-Berry) (Weitz, Evan) Modified on 4/20/2007 (fmm). (Entered: 04/20/2007)
04/20/2007154 PROPOSED ORDER Preliminary Order of Forfeiture as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Weitz, Evan) (Entered: 04/20/2007)
04/20/2007155  MOTION for Forfeiture of Property Preliminary Order of Forfeiture by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B - Declaration of Kim Bettistea-Berry) (Weitz, Evan) (Entered: 04/20/2007)
04/20/2007  Notification of Docket Correction. 153 MOTION for Forfeiture of Property Preliminary Order of Forfeiture filed in error - the correct motion is 155 MOTION for Forfeiture of Property. (fmm) (Entered: 04/20/2007)
04/30/2007156 RESPONSE re Defendants' ORAL MOTION for Judgment of Acquittal, and MOTION for New Trial as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. filed by USA. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Turner, Jenny) Modified text on 5/3/2007 (mas). (Entered: 04/30/2007)
05/08/2007157 Consent MOTION to Continue Sentencing by Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Attachments: # 1 Text of Proposed Order) (Parker, Wilmer) (Entered: 05/08/2007)
05/08/2007158 ORDER granting 157 Motion for Continuance of Sentencing as to Toros Seher (1), Chaplin's, Inc (2), Chaplin's Midtown, Inc. (3). Sentencing reset for 8/22/2007 at 10:00 AM before Judge Timothy C. Batten Sr. Signed by Judge Timothy C. Batten Sr. on 5/8/07. (mas) (Entered: 05/08/2007)
05/09/2007159 REPLY TO RESPONSE to Motion as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. re: MOTION for Judgment of Acquittal MOTION for New Trial (Parker, Wilmer) (Entered: 05/09/2007)
05/18/2007160 RESPONSE in Opposition as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. re 155 MOTION for Forfeiture of Property (Parker, Wilmer) (Entered: 05/18/2007)
05/31/2007161  MOTION for Extension of Time to file Government's Response to Defendant's Motion in Opposition to the Government's Motion for a Preliminary Order of Forfeiture re: 160 Response in Opposition by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Attachments: # 1 Proposed Order) (Weitz, Evan) (Entered: 05/31/2007)
06/01/2007162 ORDER GRANTING 161 Motion for Extension of Time thru 6/8/2007 for Govt to File its Motion in Response to the Defendant's Motion in Opposition to Preliminary Order of Forfeiture as to Toros Seher (1), Chaplin's, Inc (2), Chaplin's Midtown, Inc. (3). Signed by Judge Timothy C. Batten Sr. on 6/1/2007. (adg) (Entered: 06/04/2007)
06/06/2007  Submission of ORAL MOTION for Judgment of Acquittal and MOTION for New Trial as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc., submitted to District Judge Timothy C. Batten. (mas) (Entered: 06/06/2007)
06/08/2007163 REPLY TO RESPONSE to Motion as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. filed by USA re: 155 MOTION for Forfeiture of Property (Weitz, Evan) (Entered: 06/08/2007)
06/12/2007  Submission of 155 MOTION for Forfeiture of Property as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc., submitted to District Judge Timothy C. Batten. (mas) (Entered: 06/12/2007)
06/13/2007164 NOTICE of Withdrawal of AUSA J. Gabriel Banks as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (mas) (Entered: 06/14/2007)
07/06/2007165 ORDER as to Toros Seher (1), Chaplin's, Inc (2), Chaplin's Midtown, Inc. (3) denying Defendants' Oral Motion for Judgment of Acquittal and Motion for New Trial. Signed by Judge Timothy C. Batten Sr. on 7/6/07. (mas) (Entered: 07/09/2007)
07/23/2007166 NOTICE OF ATTORNEY APPEARANCE: Andrew Bryan Goldberger appearing on behalf of Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. Andrew Goldberger is Appearing as Counsel Claimant Wachovia Bank, N.A. (Goldberger, Andrew) (Entered: 07/23/2007)
07/23/2007167 NOTICE OF FILING Statement of Interest as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. filed by Wachovia Bank NA (Goldberger, Andrew) (Entered: 07/23/2007)
08/13/2007168  MOTION for a Downward Departure and Sentencing Memorandum with Brief In Support by Toros Seher. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Parker, Wilmer) Modified on 8/15/2007 (mas). (Entered: 08/13/2007)
08/17/2007169 ORDER granting the Government's 155 Motion for Preliminary Order of Forfeiture as to Toros Seher (1), Chaplin's, Inc (2), Chaplin's Midtown, Inc. (3). Signed by Judge Timothy C. Batten Sr. on 8/17/07. (mas) (Entered: 08/17/2007)
08/20/2007170  MOTION to Continue Sentencing by Toros Seher. (Parker, Wilmer) (Entered: 08/20/2007)
08/20/2007171 NOTICE OF APPEAL as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. re 169 Order on Motion for Forfeiture of Property. Transcript Order Form due on 9/4/2007 (Parker, Wilmer) (Entered: 08/20/2007)
08/20/2007172  MOTION to Stay Forfeiturere: 169 Order on Motion for Forfeiture of Property with Brief In Support by Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Parker, Wilmer) (Entered: 08/20/2007)
08/21/2007173 USCA Appeal Fees received $455.00; Receipt number 568389 as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc., re: 171 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc, Toros Seher. (kac) (Entered: 08/23/2007)
08/22/2007176 Minute Entry for proceedings held before Judge Timothy C. Batten Sr.: Sentencing as to Chaplin's, Inc. The motion to continue Toros Seher's sentence is granted. See Judgment and Commitment for details of sentence for Chaplin, Inc. The Court will decide the motion to stay forfeiture after the issue is briefed. (Court Reporter Elise Smith-Evans.) (hfm) (Entered: 08/29/2007)
08/22/2007178 Minute Entry for proceedings held before Judge Timothy C. Batten Sr.: Sentencing as to Chaplin's Midtown, Inc. The motion to continue Toros Seher's sentence is granted. See Judgment and Commitment for details of sentence for Chaplin's Midtown. The Court will decide the motion to stay forfeiture after the issue is briefed. (Court Reporter Elise Smith-Evans.) (hfm) (Entered: 08/29/2007)
08/23/2007174 Transmission of Certified Copy of Notice of Appeal, Order and Docket Sheet as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. to US Court of Appeals re: 171 Notice of Appeal. (kac) (Entered: 08/23/2007)
08/24/2007175 PROPOSED CONSENT ORDER Consent Restraining Order as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (Weitz, Evan) (Entered: 08/24/2007)
08/28/2007177 JUDGMENT AND COMMITMENT as to Chaplin's, Inc (2). Count(s) 2s, 3s, PROBATION 5 YEARS TO RUN CONCURRENTLY. $800.00 Special Assessment. Fine $50,000.00 on each count (total $100,000.00). The Preliminary Order of Forfeiture is hereby made part of this Judgment and Commitment. Signed by Judge Timothy C. Batten Sr. on 8/28/07. (Attachments: # 1 Preliminary Order of Forfeiture) --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (hfm) (Entered: 08/29/2007)
08/28/2007179 JUDGMENT AND COMMITMENT as to Chaplin's Midtown, Inc. (3), Count(s) 1s, DISMISSED ON GOVT'S MOTION; Count(s) 4s, 5s, 6s, 7s, PROBATION 5 YEARS TO RUN CONCURRENTLY. Special Assessment $1600.00. Fine $62,500.00 on each count (total, $250,000.00). The Preliminary Order of Forfeiture is hereby made part of this Judgment and Commitment. Signed by Judge Timothy C. Batten Sr. on 8/28/07. (Attachments: # 1 Preliminary Order of Forfeiture) --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (hfm) (Entered: 08/29/2007)
08/28/2007180 CONSENT RESTRAINING ORDER as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. Signed by Judge Timothy C. Batten Sr. on 8/28/07. (hfm) (Entered: 08/29/2007)
08/29/2007181 AMENDED NOTICE OF APPEAL as to Chaplin's, Inc, Chaplin's Midtown, Inc. re: 177 Judgment and Commitment, 179 Judgment and Commitment. Transcript Order Form due on 9/13/2007 (Parker, Wilmer) Modified on 8/30/2007 to modify docket entry (kac). (Entered: 08/29/2007)
08/29/2007182 USCA Acknowledgment of Receipt of Notice of Appeal as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. for 171 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc, Toros Seher. Case Appealed to USCA - 11th Circuit. USCA Case Number 07-13935-E. (kac) (Entered: 08/30/2007)
08/30/2007  Request For Presentence Investigation Report as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc., re: 181 Amended Notice of Appeal and 171 Amended Notice of Appeal filed on 8/20/07 and 8/29/07. (kac) (Entered: 08/30/2007)
08/30/2007183 Transmission of Certified Copy of Notice of Appeal, J&C and Docket Sheet as to Chaplin's, Inc, Chaplin's Midtown, Inc. to US Court of Appeals re: 181 Notice of Appeal. (kac) (Entered: 08/30/2007)
08/30/2007184 TRANSCRIPT ORDER FORM as to Toros Seher for proceedings held on August 22, 2007 before Judge Timothy C. Batten, Sr., re: 171 Notice of Appeal. Court Reporter: Elise Evans. USCA Appeal Number 07-13935-E. Financial Arrangements due on 9/14/2007. (kac) (Entered: 08/30/2007)
08/31/2007  Submission of 168 MOTION for Downward Departure as to Toros Seher, submitted to District Judge Timothy C. Batten. (hfm) (Entered: 08/31/2007)
08/31/2007185 Financial Arrangements Completed as to Chaplin's, Inc, Chaplin's Midtown, Inc. re: 181 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc. Case Appealed to USCA - 11th Circuit. USCA Case Number 07-13935-E. Transcript due by 10/1/2007. (kac) (Entered: 08/31/2007)
09/05/2007186 USCA Acknowledgment of Receipt of Notice of Appeal as to Chaplin's, Inc, Chaplin's Midtown, Inc. for 181 Amended Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc. Case Appealed to USCA - 11th Circuit. USCA Case Number 07-14055-E. (kac) (Entered: 09/07/2007)
09/10/2007  Submission of 172 MOTION to Stay Forfeiturere: 169 Order on Motion for Forfeiture of Property as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc., submitted to District Judge Timothy C. Batten. (hfm) (Entered: 09/10/2007)
09/11/2007  Received PRESENTENCE INVESTIGATION REPORT (Sealed) as to Chaplin's Midtown, Inc. (fap) (Entered: 09/12/2007)
09/11/2007  Received PRESENTENCE INVESTIGATION REPORT (Sealed) as to Chaplin's, Inc. (fap) (Entered: 09/12/2007)
09/12/2007187 USCA Appeal Fees received $455.00; Receipt Number 569218 as to Chaplin's, Inc, Chaplin's Midtown, Inc., re: 181 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc. Case Appealed to USCA - 11th Circuit. USCA Appeal Number 07-14055-E. (kac) (Entered: 09/12/2007)
09/18/2007188 TRANSCRIPT ORDER FORM as to Chaplin's, Inc., Chaplin's Midtown, Inc., for proceedings held on August 22, 2007 before Judge Timothy C. Batten, Sr., re: 181 Notice of Appeal. Court Reporter: Elise Evans. USCA Appeal Number 07-14055-E. Financial Arrangements due on 10/2/2007.(kac) (Entered: 09/18/2007)
09/19/2007189 Financial Arrangements Completed as to Chaplin's, Inc, Chaplin's Midtown, Inc. re: 181 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc. Case Appealed to USCA - 11th Circuit. USCA Case Number 07-14055-E. Transcript due by 10/19/2007. (kac) (Entered: 09/20/2007)
10/01/2007190 TRANSCRIPT of Sentencing Proceedings as to Chaplin's, Inc, Chaplin's Midtown, Inc., held on August 22, 2007 before Judge Timothy C. Batten, Sr. Court Reporter: Elise Smith Evans. Certificate of Readiness due on 10/16/2007. (kac) (Entered: 10/01/2007)
10/30/2007  NOTICE OF SENTENCING Set/Reset as to Toros Seher Sentencing set for 12/12/2007 10:00 AM in Courtroom 1708 before Judge Timothy C. Batten Sr.(jgs) (Entered: 10/30/2007)
11/13/2007191 Supplemental MOTION for a Downward Variance in Sentence and Motion for Downward Departure with Brief In Support by Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Attachments: # 1 Exhibit A) (Parker, Wilmer) Modified on 11/14/2007 to correct Motion event (hfm). (Entered: 11/13/2007)
11/26/2007192 ORDER of USCA (certified copy) as to Toros Seher GRANTING Appellant's Motion to Consolidate 171 Notice of Appeal. The Court hereby STAYS these consolidated appeals until December 27, 2007, which, assuming that Appellant Seher is sentenced on December 12, 2007 as currently scheduled, will be the date on which his appeal period expires. Should Appellant Seher file a timely appeal from his Judgment and Conviction, that appeal should be consolidated with these appeals. The Clerk should then establish an appropriate briefing schedule for the consolidated appeals. Case appealed to USCA - 11th Circuit. USCA Appeal Numbers 07-13935-EE and 07-14055-EE. (kac) (Entered: 11/28/2007)
11/26/2007193 ORDER of USCA (certified copy) as to Chaplin's, Inc, Chaplin's Midtown, Inc., GRANTING Appellant's Motion to Consolidate 181 Notice of Appeal. The Court hereby STAYS these consolidated appeals until December 27, 2007, which, assuming that Appellant Seher is sentenced on December 12, 2007 as currently scheduled, will be the date on which his appeal period expires. Should Appellant Seher file a timely appeal from his Judgment and Conviction, that appeal should be consolidated with these appeals. The Clerk should then establish an appropriate briefing schedule for the consolidated appeals. Case appealed to USCA - 11th Circuit. USCA Appeal Number 07-14055-EE. (kac) (Entered: 11/28/2007)
11/28/2007194 NOTICE OF FILING Entry of Forfeiture by Publication as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. filed by USA (Weitz, Evan) (Entered: 11/28/2007)
11/30/2007  Submission of 191 MOTION for Downward Departure as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc., (hfm) (Entered: 11/30/2007)
12/11/2007195 NOTICE of Supplemental Authorities as to Toros Seher (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Parker, Wilmer) (Entered: 12/11/2007)
12/12/2007198 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr: Sentencing as to Toros Seher, granting 168 Motion for Downward Departure; dismissing 170 Motion for Continuance; denying as moot 172 Motion to Stay; granting 191 Motion for Downward Departure. J&C to follow. (Court Reporter Elise Smith-Evans.) (hfm) Modified on 1/3/2008 to correct date of proceedings to 12/12/2007 (hfm). (Entered: 12/14/2007)
12/13/2007196  MOTION for Voluntary Surrender with Brief In Support by Toros Seher. (Parker, Wilmer) (Entered: 12/13/2007)
12/14/2007197 ORDER granting 196 Motion for Voluntary Surrender as to Toros Seher (1). The Court hereby Orders Seher to be released immediately; he shall report to the Federal Corrections institution as instructed by the U.S. Marshal Service. Signed by Judge Timothy C. Batten, Sr on 12/14/07. (hfm) (Entered: 12/14/2007)
12/14/2007199 JUDGMENT AND COMMITMENT as to Toros Seher (1), Count(s) 1s, 2s, 4s, 6s, CBOP 72 MONTHS. Counts 1,2,4, and 6 to run concurrently with Counts 3,5, and 7. 3 years Supervised Release on each Count to run concurrent with special and standard conditions of release. Count(s) 3s, 5s, 7s, CBOP 60 MONTHS. Counts 3,5, and 7 to run concurrently with Counts 1,2,4, and 6. 3 year Supervised Release on each Count to run concurrent with special and standard conditions of release. $700 Special Assessment. Voluntary Surrender. Upon release from custody, the defendant shall be remanded to the custody of Immigration Custody Enforcement for possible deportation proceedings. Signed by Judge Timothy C. Batten, Sr on 12/14/07. --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (hfm) (Entered: 12/14/2007)
12/14/2007  Count(s) 1, 2, 3, 4, 5-7, Dismissed pursuant to Standing Order 07-04. (hfm) (Entered: 12/14/2007)
12/18/2007200 NOTICE OF APPEAL as to Toros Seher re 199 Judgment and Commitment,,,. Filing fee $ 455, receipt number 113E0000000001458903. Transcript Order Form due on 1/3/2008 (Attachments: # 1 Exhibit A)(Parker, Wilmer) (Entered: 12/18/2007)
12/19/2007  Request For Presentence Investigation Report as to Toros Seher re: 200 Notice of Appeal filed on 12/18/07. (kac) (Entered: 12/19/2007)
12/19/2007201 Transmission of Certified Copy of Notice of Appeal, J&C and Docket Sheet as to Toros Seher to US Court of Appeals re: 200 Notice of Appeal. (kac) (Entered: 12/19/2007)
12/20/2007202 Financial Arrangements Completed as to Toros Seher re: 200 Notice of Appeal filed by Toros Seher. Case Appealed to USCA - 11th Circuit. USCA Case Number 00-00000-00. Transcript due by 1/22/2008. (kac) (Entered: 12/20/2007)
12/21/2007203 Financial Arrangements Completed as to Toros Seher re: 200 Notice of Appeal filed by Toros Seher. Case Appealed to USCA - 11th Circuit. USCA Case Number 00-00000-00. Transcript due by 1/22/2008. (kac) (Entered: 12/21/2007)
12/21/2007  PRESENTENCE INVESTIGATION REPORT (Sealed) as to Toros Seher. (ryc) (Entered: 12/26/2007)
12/27/2007204 USCA Acknowledgment of Receipt of Notice of Appeal as to Toros Seher for 200 Notice of Appeal filed by Toros Seher. Case Appealed to USCA - 11th Circuit. USCA Case Number 07-15919-E. (kac) (Entered: 12/28/2007)
01/17/2008205 NOTICE OF VOLUNTARY SURRENDER/REPORTING INFORMATION by USM as to Toros Seher. Defendant is directed to report to McRae Correctional Facility at NOON, February 01, 2008 to begin service of sentence. Reg. Nmbr. 58297-019 (hfm) (Entered: 01/17/2008)
01/18/2008206 TRANSCRIPT of Proceedings as to Toros Seher held on December 12, 2007 before Judge Timothy C. Batten, Sr.. Court Reporter: Elise Smith Evans. Certificate of Readiness due on 2/4/2008 (fem) (Entered: 01/18/2008)
01/18/2008207 PROPOSED CONSENT ORDER Consent Restraining Order as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (Weitz, Evan) (Entered: 01/18/2008)
01/22/2008208 CONSENT RESTRAINING ORDER: The Government and the Defendant have entered into an agreement to preserve the value of the real property and to prevent the Defendant and all other persons with notice of this order from removing, transferring, dissipating, alienating, encumbering, or otherwise disposing of any of the equity or value of the real property adjudged forfeited to the Government (as outlined in Order). Signed by Judge Timothy C. Batten, Sr on 1/22/08. (hfm) (Entered: 01/22/2008)
02/14/2008  CERTIFICATE OF READINESS of Record on Appeal re: 200 Notice of Appeal filed by Toros Seher, 181 Amended Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc, and 171 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc, Toros Seher. Case appealed to USCA - 11th Circuit. USCA Case Number 07-13935-EE and 07-15919-EE. (kac) (Entered: 02/14/2008)
02/15/2008209 Certified copy of CERTIFICATE OF READINESS of Record on Appeal transmitted to USCA re: 200 Notice of Appeal and 171 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 07-13935-EE and 07-15919-EE. (kac) (Entered: 02/15/2008)
02/15/2008210 Certified copy of CERTIFICATE OF READINESS of Record on Appeal transmitted to USCA re: 181 Notice of Appeal and 171 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 07-13935-EE and 07-15919-EE. (kac) (Entered: 02/15/2008)
02/15/2008211 Certified copy of CERTIFICATE OF READINESS of Record on Appeal transmitted to USCA re: 181 Notice of Appeal and 171 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 07-13935-EE and 07-15919-EE. (kac) (Entered: 02/15/2008)
02/21/2008212 USCA Acknowledgment as to Toros Seher re: 200 Notice of Appeal filed by Toros Seher, 171 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc, Toros Seher. Case Appealed to USCA - 11th Circuit. USCA Case Number 07-13935-EE, 07-15919-EE and 07-14055-EE. (kac) (Entered: 02/22/2008)
02/21/2008213 USCA Acknowledgment of COR as to Chaplin's, Inc., re: 181 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc, 171 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc, Toros Seher. Case Appealed to USCA - 11th Circuit. USCA Case Number 07-13935-EE, 07-15919-EE and 07-14055-EE. (kac) (Entered: 02/22/2008)
02/21/2008214 Certified copy of CERTIFICATE OF READINESS of Record on Appeal transmitted to USCA re: 181 Notice of Appeal, 171 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Appeal Case Numbers 07-13935-EE, 07-15919-EE, and 07-14055-EE. (kac) (Entered: 02/22/2008)
02/26/2008215 NOTICE OF FILING Verified Statement of Interest as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. filed by Wells Fargo Bank, N.A. (hfm) (Entered: 02/29/2008)
02/26/2008216 NOTICE OF ATTORNEY APPEARANCE: David W. Adams appearing on behalf of Wells Fargo Bank, N.A. (hfm) (Entered: 02/29/2008)
03/03/2008217 -DOCUMENT FILING ERROR- Judgment and Commitment Returned Executed by USM as to Toros Seher on 2/1/08, delivered to MCA at McRae, GA. Reg. Number 58297-019. (hfm) Modified on 3/4/2008 to re-docket with correct pdf (hfm). (Entered: 03/04/2008)
03/03/2008218 Judgment and Commitment Returned Executed by USM as to Toros Seher on 2/1/08, delivered to MCA at McRae, GA. Reg. Number 58297-019. (hfm) (Entered: 03/04/2008)
03/04/2008219 Joint MOTION for Interlocutory Sale by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Attachments: # 1 Text of Proposed Order) (Weitz, Evan) (Entered: 03/04/2008)
03/04/2008220 Unopposed MOTION To Exonerate Sureties re 19 Order for Forfeiture of Property by Toros Seher as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Attachments: # 1 Exhibit A) (Parker, Wilmer) (Entered: 03/04/2008)
03/07/2008221 ORDER granting 220 Motion To Exonerate Sureties. The Appearance Bond and the Agreement to Forfeit Property are null and void. Signed by Judge Timothy C. Batten, Sr on 3/7/08. (hfm) (Entered: 03/07/2008)
03/07/2008222 ORDER granting 219 Motion for Interlocutory Sale. It is ORDERED AND ADJUDGED; That the stipulated motion for sale is hereby approved. The Real Property is to be sold and the proceeds distributed under the provisions of the Stipulation for Interlocutory Sale. Signed by Judge Timothy C. Batten, Sr on 3/7/08. (hfm) (Entered: 03/07/2008)
03/31/2008223 Notice for Leave of Absence for the following date(s): May 19, 2008 through May 30, 2008, by Jenny R. Turner. (Turner, Jenny) (Entered: 03/31/2008)
05/01/2008224 MOTION To Include Trial Exhibits In Record On Appeal as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. filed by USA (Attachments: # 1 Text of Proposed Order)(Turner, Jenny) Modified on 5/1/2008 to correct event type (fmm). (Entered: 05/01/2008)
05/01/2008  Exhibits (Government exhibits 1-5, 6A, 7-8, 8A, 9-23, 24, 25-38, 39, 39A, 40, 40A, 41, 41A, 42, 42A, 43-44, 45, 45A, 46, 47, 47A, 48, 49, 49A, 50, 50A, 51, 52, 52A-J, 53, 54-56, 57, 57A-E, 58-63) received from USA Attorney's Office re 224 Motion. (fmm) (Entered: 05/01/2008)
05/01/2008  Notification of Docket Correction as to correction of event type re 224 MOTION To Include Trial Exhibits In Record On Appeal. (fmm) (Entered: 05/01/2008)
05/05/2008225 FORTHWITH LETTER from USCA re: 200 Notice of Appeal filed by Toros Seher, 181 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc, 171 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc, Toros Seher. Case Appealed to USCA - 11th Circuit. USCA Case Number 07-13935-EE, 07-14055-EE, 07-15919-EE. Appeal Record due by 5/19/2008. (kac) (Entered: 05/12/2008)
05/19/2008226 Certified and Transmitted Record on Appeal as to Toros Seher to US Court of Appeals re: 200 Notice of Appeal, 171 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Numbers 07-15919-EE, 07-13935-EE and 07-14055-EE. (kac) (Entered: 05/19/2008)
05/19/2008227 Certified and Transmitted Record on Appeal as to Chaplin's, Inc., to US Court of Appeals re: 181 Notice of Appeal and 171 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Numbers 07-13935-EE, 07-14055-EE and07-15919-EE. (kac) (Entered: 05/19/2008)
05/19/2008228 Certified and Transmitted Record on Appeal as to Chaplin's Midtown, Inc., to US Court of Appeals re: 181 Notice of Appeal and 171 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Numbers 07-14055-EE, 07-15919-EE and 07-13935-EE. (kac) (Entered: 05/19/2008)
05/22/2008229 ORDER GRANTING 224 Motion to Include Trial Exhibits in the Record on Appeal as to Toros Seher (1), Chaplin's, Inc., (2), Chaplin's Midtown, Inc., (3). Signed by Judge Timothy C. Batten, Sr., on 5/22/08. (kac) (Entered: 05/23/2008)
06/02/2008  Partial Appeal Record Returned as to Toros Seher, Chaplin's, Inc and Chaplin's Midtown, Inc. re: 200 Notice of Appeal, 181 Amended Notice of Appeal and 171 Notice of Appeal. Case Appealed to USCA- 11th Circuit. Case Number 07-13935-EE, 15919-EE and 07-14055-EE. (13 Vols of Pldgs, 1 Vol of Sealed Pldgs and 13 Transcripts)(PSI's not included) (pjm) (Entered: 06/04/2008)
06/17/2008230 Notice for Leave of Absence for the following date(s): August 25, 2008 through August 29, 2008, by Jenny R. Turner. (Turner, Jenny) (Entered: 06/17/2008)
06/24/2008  CORRECTED CERTIFICATE OF READINESS of Record on Appeal re: 200 Notice of Appeal filed by Toros Seher, 181 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc., 171 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc., Toros Seher. Case Appealed to USCA - 11th Circuit. USCA Case Number 07-13935-EE, 07-14055-EE and 07-15919-EE. (kac) (Entered: 06/24/2008)
06/25/2008231 Certified copy of CORRECTED CERTIFICATE OF READINESS transmitted to USCA re: 200 Notice of Appeal and 171 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Numbers 07-13935-EE, 07-14055-EE and 07-15919-EE. (kac) (Entered: 06/25/2008)
06/25/2008232 Certified copy of CERTIFICATE OF READINESS of Record on Appeal transmitted to USCA re: 181 Notice of Appeal and 171 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Numbers 07-13935-EE, 07-14055-EE and 07-15919-EE. (kac) (Entered: 06/25/2008)
06/25/2008233 Certified copy of CORRECTED CERTIFICATE OF READINESS of Record on Appeal transmitted to USCA re: 181 Notice of Appeal and 171 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Numbers 07-13935-EE, 07-14055-EE and 07-15919-EE. (kac) (Entered: 06/25/2008)
06/26/2008234 Certified and Transmitted Corrected Record on Appeal as to Toros Seher, Chaplin's, Inc., Chaplin's Midtown, Inc., to US Court of Appeals re: 200 Notice of Appeal, 181 Notice of Appeal, 171 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Numbers 07-13935-EE, 07-14055-EE and 07-15919-EE. (kac) (Entered: 06/26/2008)
07/01/2008235 USCA Acknowledgment of Corrected COR as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc., re: 200 Notice of Appeal filed by Toros Seher, 181 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc., and 171 Notice of Appeal filed by Chaplin's Midtown, Inc., Chaplin's, Inc., Toros Seher. Case Appealed to USCA - 11th Circuit. USCA Case Number 07-13935-EE, 07-14055-EE and 07-15919-EE. (kac) (Entered: 07/02/2008)
07/14/2008236 Certification of Consent to Substitution of Counsel for USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. Dahil Dueno Goss replacing attorney Evan S. Weitz. (Goss, Dahil) (Entered: 07/14/2008)
07/22/2008237 NOTICE OF ATTORNEY APPEARANCE George Jeffrey Viscomi appearing for USA. (Viscomi, George) (Entered: 07/22/2008)
07/22/2008238 Unopposed MOTION to Enter Final Order of Forfeiture as to Real Property by USA as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. (Attachments: # 1 Proposed Final Order of Forfeiture) (Viscomi, George) (Entered: 07/22/2008)
07/23/2008239 FINAL ORDER OF FORFEITURE AS TO REAL PROPERTY granting 238 Motion to Enter Final Order of Forfeiture as to Real Property as to Toros Seher (1), Chaplin's, Inc (2), Chaplin's Midtown, Inc. (3). ORDERED that a Final Order of Forfeiture is entered as to the real property known as 213 16th Street, Apartment 2, Atlanta, Georgia, and interest in the real property is immediately transferred to Wells Fargo Bank, N.A., and Wachovia Bank, N.A. Signed by Judge Timothy C. Batten, Sr on 7/23/08. (smg) (Entered: 07/23/2008)
07/23/2008  Clerks Certificate of Mailing as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. re 239 Order of Forfeiture as to Real Property. (smg) (Entered: 07/23/2008)
08/12/2008240 Notice for Leave of Absence for the following date(s): September 22, 2008 through September 26, 2008, by Jenny R. Turner. (Turner, Jenny) (Entered: 08/12/2008)
09/22/2008241 Notice for Leave of Absence for the following date(s): October 8, 2008 through October 18, 2008, by Jenny R. Turner. (Turner, Jenny) (Entered: 09/22/2008)
06/09/2009242 JUDGMENT of USCA (certified copy) AFFIRMING all of the Appellants' convictions as well as those portions of the 169 Forfeiture Order imposing the $1,610,400 money judgment against Defendant Seher and ordering forfeiture of Seher's real property as a substitute assert; VACATING the 169 Forfeiture Order insofar as it ordered forfeiture of the accounts and inventories of Defendants Chaplin's and Midtown and imposed a $54,800 money judgment against Chaplin's, Midtown, and Seher; and REMANDING for further action on those portions of the 169 Forfeiture Order re the 171 , 181 , and 200 Notices of Appeal as to Toros Seher (1), Chaplin's, Inc (2), and Chaplin's Midtown, Inc. (3). Cases Appealed to USCA 11th Circuit, Case Numbers 07-13935, 07-14055, 07-15919. (Attachments: # 1 Letters from USCA)(alc) (Entered: 06/10/2009)
06/10/2009  Submission of 242 USCA Judgment re the 169 Forfeiture Order, with proposed mandate order, as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc., submitted to District Judge Timothy C. Batten, Sr. (alc) (Entered: 06/10/2009)
06/11/2009243 ORDER making the USCA mandate the judgment of this Court as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. re 171 , 181 , 200 Notices of Appeal, USCA 11th Circuit appeal numbers 07-13935, 07-14055, 07-15919. Signed by Judge Timothy C. Batten, Sr. on 6/11/2009. (Attachments: # 1 Remittitur Letter) (alc) (Entered: 06/12/2009)
06/12/2009  Clerk's Certificate of Mailing as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. re 243 Mandate Order with Clerk's Remittitur Notice. (alc) (Entered: 06/12/2009)
07/06/2009244 Notice for Leave of Absence for the following date(s): September 14, 2009 through September 18, 2009, by Jenny R. Turner. (Turner, Jenny) (Entered: 07/06/2009)
07/17/2009245 Notice for Leave of Absence for the following date(s): August 3, 2009 through August 31, 2009, by Jenny R. Turner. (Turner, Jenny) (Entered: 07/17/2009)
07/31/2009  NOTICE OF HEARING as to Toros Seher. Forfeiture Hearing with respect to mandate from U.S. Court of Appeals set for 10/14/2009 at 10:30 AM in ATLA Courtroom 1708 before Judge Timothy C. Batten Sr. (jgs) (Entered: 07/31/2009)
08/03/2009  Clerk's Certificate of Mailing as to Toros Seher re Printed NEF of Notice of Forfeiture Hearing. (alc) (Entered: 08/03/2009)
09/15/2009246 Mail Returned as Undeliverable. Mail sent to Toros Seher re 243 Order with Clerk's Remittitur Notice. (alc) (Entered: 09/17/2009)
09/28/2009247 Mail Returned as Undeliverable. Mail sent to Toros Seher re Printed NEF of Notice of Forfeiture Hearing as to Toros Seher. (alc) (Entered: 09/30/2009)
09/30/2009  REMARK as to Toros Seher: Defendant's address on docket has been updated to reflect McRae Correctional Institution in McRae, GA, per the 218 Judgment and Commitment Returned Executed and confirmation of Defendant location via the BOP Inmate Locator. (alc) (Entered: 09/30/2009)
09/30/2009  Clerk's Certificate of Re-mailing as to Toros Seher re 243 Order with Clerk's Remittitur Notice and Printed NEF of the Notice of Forfeiture Hearing. Documents mailed to Defendant at McRae Correctional Institution. (alc) (Entered: 09/30/2009)
10/05/2009  NOTICE OF HEARING as to Chaplin's, Inc, Chaplin's Midtown, Inc.. Forfeiture Hearing RESET for 10/16/2009 at 10:00 AM in ATLA Courtroom 1708 before Judge Timothy C. Batten Sr. (jgs) (Entered: 10/05/2009)
10/06/2009  Clerk's Certificate of Mailing as to Chaplin's, Inc, Chaplin's Midtown, Inc. re Printed NEF of Notice of Forfeiture Hearing Reset. (alc) (Entered: 10/06/2009)
10/27/2009  NOTICE OF HEARING as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc.. Forfeiture Hearing RESET for 12/15/2009 at 10:00 AM in ATLA Courtroom 1708 before Judge Timothy C. Batten Sr. (jgs) (Entered: 10/27/2009)
10/28/2009  Clerk's Certificate of Mailing as to Toros Seher, Chaplin's, Inc, and Chaplin's Midtown, Inc. re Printed NEF of Notice of Forfeiture Hearing Reset. (alc) (Entered: 10/28/2009)
12/11/2009248 RESPONSE re: 243 USCA Mandate Memorandum of Law re Forfeiture and Personal Money Judgments, as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. filed by Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (Attachments: # 1 Exhibit A)(Parker, Wilmer) Modified on 12/14/2009 to update text (alc). (Entered: 12/11/2009)
12/14/2009249 Pre-Hearing Supplemental Brief in Support of Government's Motion for Preliminary Order of Forfeiture as to Chaplin's, Inc, Chaplin's Midtown, Inc. filed by USA (Turner, Jenny) Modified on 12/15/2009 to update text re title of pleading (alc). (Entered: 12/14/2009)
12/15/2009250 Minute Entry for proceedings held before Judge Timothy C. Batten, Sr.: Forfeiture Hearing as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. Government's evidence. Defense evidence. The Court took the matter under advisement. Counsel shall file supplemental briefs and proposed findings of fact and conclusions of law on or before 1/10/10. Exhibits retained by the Court to be forwarded to the Clerks Office. (Court Reporter Elise Smith Evans) (alc) (Entered: 12/15/2009)
01/05/2010251 TRANSCRIPT of Forfeiture Proceedings as to Chaplin's, Inc., Chaplin's Midtown, Inc., held on December 15, 2009, before Judge Timothy C. Batten, Sr. Court Reporter/Transcriber Elise Smith Evans, Telephone number 404-215-1456. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/26/2010. Redacted Transcript Deadline set for 2/5/2010. Release of Transcript Restriction set for 4/5/2010. (Attachments: # 1 Notice of Filing Transcript) (kac) (Entered: 01/05/2010)
01/11/2010252 Supplemental Brief and Proposed Factual Findings Regarding Forfeiture re: 250 Forfeiture Hearing, as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. filed by Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. (Parker, Wilmer) Modified on 1/12/2010 to update text re title of pleading (alc). (Entered: 01/11/2010)
01/11/2010253 PROPOSED ORDER Proposed Findings of Fact and Conclusions of Law as to Forfeiture Issues as to Chaplin's, Inc, Chaplin's Midtown, Inc. re: 250 Forfeiture Hearing, (Turner, Jenny) (Entered: 01/11/2010)
01/12/2010254 Notice for Leave of Absence for the following date(s): February 1, 2010 through February 5, 2010, by Jenny R. Turner. (Turner, Jenny) (Entered: 01/12/2010)
02/17/2010255 AMENDED PER 291 ORDER ORDER as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. The inventories of Chaplin's and Midtown and all funds seized from Midtown's bank account are FORFEITED to the United States. A money judgment is entered against Chaplin's for $22,000 and against Midtown for $32,800 in connection with Counts 2 -7. In accordance with the Court's 169 Order of forfeiture, a money judgment against Toros Seher is entered in the amount of $1,610,400 in connection with Count 1; against Toros Seher in the amount of $54,800 in connection with Counts 2 - 7; and Seher's real property located at 213 16th Street, Apt. 2, Atlanta, GA may be forfeited as a substitute asset. The Government may, pursuant to 21 USC § 853(p), satisfy any outstanding personal money judgment that Chaplin's owes out of the funds that were seized from its bank account. Signed by Judge Timothy C. Batten, Sr. on 2/16/2010. (alc) Modified on 3/30/2012 to reflect amended Order of 3/30/12 (rsh). (Entered: 02/17/2010)
02/17/2010  Clerk's Certificate of Mailing as to Toros Seher, Chaplin's, Inc, Chaplin's Midtown, Inc. re 255 Order. (alc) (Entered: 02/17/2010)
02/22/2010257 Mail Returned as Undeliverable. Mail sent to Chaplin's Midtown, Inc. re 255 Order as to Chaplin's Midtown, Inc. (alc) (Entered: 02/23/2010)
02/23/2010256 NOTICE OF APPEAL as to Chaplin's, Inc re 255 Judgment of Forfeiture,,,. Filing fee $ 455, receipt number 113E0000000002579714. Transcript Order Form due on 3/9/2010 (Parker, Wilmer) (Entered: 02/23/2010)
02/24/2010  Request For Presentence Investigation Report as to Chaplin's, Inc re: 256 Notice of Appeal filed on 2/23/10. (pjm) (Entered: 02/24/2010)
02/24/2010258 Transmission of Certified Copy of Notice of Appeal, Order and Docket Sheet as to Chaplin's, Inc. to US Court of Appeals re: 256 Notice of Appeal. (pjm) (Entered: 02/24/2010)
02/24/2010259 Received PRESENTENCE INVESTIGATION REPORT (Sealed) as to Chaplin's, Inc. (ryc) (Entered: 02/24/2010)
03/02/2010260 TRANSCRIPT ORDER FORM as to Chaplin's, Inc., re: 256 Notice of Appeal. Certificate of Readiness due on 3/16/2010. (All necessary transcript(s) on file.)(kac) (Entered: 03/02/2010)
03/02/2010261 USCA Acknowledgment of Receipt of Notice of Appeal as to Chaplin's, Inc for 256 Notice of Appeal filed by Chaplin's, Inc. Case Appealed to USCA - 11th Circuit. USCA Case Number 10-10832-G. (kac) (Entered: 03/04/2010)
03/15/2010262  MOTION to Continue Stay of Forfeiture, MOTION for Return of Property by Chaplin's, Inc. (Attachments: # 1 Transcript of sentencing 8/22/07) (Parker, Wilmer) (Entered: 03/15/2010)
03/18/2010263 NOTICE OF ATTORNEY APPEARANCE Cynthia Beckwith Smith appearing for USA. (Smith, Cynthia) (Entered: 03/18/2010)
03/18/2010  Attorney update in case as to Chaplin's, Inc, Chaplin's Midtown, Inc. Attorney Cynthia Beckwith Smith for USA added, per 263 Notice of Appearance. (alc) (Entered: 03/19/2010)
03/29/2010264  MOTION to Forfeit Substitute Property and Amend 255 Order of Forfeiture by USA as to Chaplin's, Inc. (Attachments: # 1 Brief in Support, # 2 Exhibit A - Declaration of Special Agent Kimberly Summerville, # 3 Text of Proposed Order) (Goss, Dahil) Modified on 3/30/2010 to update text re title of pleading and add document link (alc). (Entered: 03/29/2010)
03/30/2010265 Notice for Leave of Absence for the following date(s): April 19, 2010 through April 23, 2010, by Jenny R. Turner. (Turner, Jenny) (Entered: 03/30/2010)
03/30/2010266 RESPONSE in Opposition re 262 MOTION to Continue Stay of Forfeiture, MOTION for Return of Property as to Chaplin's, Inc filed by USA. (Goss, Dahil) (Entered: 03/30/2010)
04/07/2010267 RESPONSE re: 264 MOTION to Forfeit Substitute Property and Amend Order of Forfeiture as to Chaplin's, Inc filed by Chaplin's, Inc. (Parker, Wilmer) (Entered: 04/07/2010)
04/07/2010268 REPLY TO RESPONSE to Motion re: 262 MOTION to Continue Stay of Forfeiture, MOTION for Return of Property as to Chaplin's, Inc filed by Chaplin's, Inc. (Attachments: # 1 Chaplin's Brief)(Parker, Wilmer) (Entered: 04/07/2010)
04/07/2010269 Certificate of Service re 267 Response to Motion to Forfeit Substitute Property, filed by Chaplin's, Inc. (Parker, Wilmer) (Entered: 04/07/2010)
04/07/2010270 Certificate of Service re 268 Reply to Response re Motion to Continue Stay of Forfeiture, Motion for Return of Property, filed by Chaplin's, Inc. (Parker, Wilmer) Modified on 4/8/2010 to update text (alc). (Entered: 04/07/2010)
04/08/2010  Submission of 262 MOTION to Continue Stay of Forfeiture, MOTION for Return of Property as to Chaplin's, Inc, submitted to District Judge Timothy C. Batten, Sr. (alc) (Entered: 04/08/2010)
04/19/2010271 REPLY TO RESPONSE to Motion re: 264 MOTION to Forfeit Substitute Property and Amend Order of Forfeiture as to Chaplin's, Inc filed by USA. (Goss, Dahil) (Entered: 04/19/2010)
04/20/2010  Submission of 264 MOTION to Forfeit Substitute Property and Amend Order of Forfeiture as to Chaplin's, Inc, submitted to District Judge Timothy C. Batten, Sr. (alc) (Entered: 04/20/2010)
05/10/2010272 Notice for Leave of Absence for the following date(s): June 7, 2010 through June 11, 2010, by Jenny R. Turner. (Turner, Jenny) (Entered: 05/10/2010)
05/10/2010273  MOTION To Supplement The Record by USA as to Chaplin's, Inc. (Attachments: # 1 Text of Proposed Order) (Turner, Jenny) Modified on 5/11/2010 to remove duplicative text (alc). (Entered: 05/10/2010)
05/11/2010274  MOTION for Partial Final Order of Forfeiture as to Midtown Assets by USA as to Chaplin's Midtown, Inc. (Attachments: # 1 Text of Proposed Order) (Goss, Dahil) Modified on 5/12/2010 to update text re title of pleading (alc). (Entered: 05/11/2010)
05/11/2010275 ORDER GRANTING the Government's 273 Motion To Supplement The Record as to Chaplin's, Inc (2). The Clerk is directed to make the draft presentence investigation report pertaining to the Defendant as issued on July 20,2007 a part of the record; to maintain said document under seal; and to immediately transmit a copy of said document under seal to the Clerk of the USCA 11th Circuit for consideration. Signed by Judge Timothy C. Batten, Sr. on 5/11/2010. (alc) (Entered: 05/11/2010)
05/11/2010  Clerk's Certificate of Mailing as to Chaplin's, Inc re 275 Order on Motion to Supplement the Record. (alc) (Entered: 05/11/2010)
05/11/2010276 Received DRAFT PRESENTENCE INVESTIGATION REPORT (Sealed) as to Chaplin's, Inc. (ryc) (Entered: 05/13/2010)
05/15/2010279 FORTHWITH LETTER from USCA re: 256 Notice of Appeal filed by Chaplin's, Inc. Case Appealed to USCA - 11th Circuit. USCA Case Number 10-10832-GG. Appeal Record due by 6/1/2010. (kac) (Entered: 05/25/2010)
05/24/2010  CERTIFICATE OF READINESS of Record on Appeal re: 256 Notice of Appeal filed by Chaplin's, Inc. Case Appealed to USCA - 11th Circuit. USCA Case Number 10-10832-GG. (kac) (Entered: 05/24/2010)
05/25/2010277 Notice for Leave of Absence for the following date(s): June 21, 2010 through June 25, 2010; and July 19, 2010 through July 23, 2010, by Jenny R. Turner. (Turner, Jenny) (Entered: 05/25/2010)
05/25/2010278 Certified copy of CERTIFICATE OF READINESS of Record on Appeal transmitted to USCA re: 256 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 10-10832-GG. (kac) (Entered: 05/25/2010)
05/25/2010  Clerk's Certificate of Mailing as to Chaplin's, Inc. re: 278 Certificate of Readiness Transmission. (kac) (Entered: 05/25/2010)
05/25/2010280 Certified and Transmitted Record on Appeal as to Chaplin's, Inc., to US Court of Appeals re: 256 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 10-10832-GG. (kac) (Entered: 05/25/2010)
05/25/2010281 Notice for Leave of Absence for the following date(s): May 31, 2010 through June 4, 2010, by Jenny R. Turner. (Turner, Jenny) (Entered: 05/25/2010)
05/27/2010282 USCA Acknowledgment of COR as to Chaplin's, Inc., re: 256 Notice of Appeal filed by Chaplin's, Inc. Case Appealed to USCA - 11th Circuit. USCA Case Number 10-10832-GG. (kac) (Entered: 06/01/2010)
05/27/2010283 NOTICE of Docketing Record on Appeal from USCA as to Chaplin's, Inc., re: 256 Notice of Appeal filed by Chaplin's, Inc. Case Appealed to USCA - 11th Circuit. USCA Case Number 10-10832-GG. (kac) (Entered: 06/01/2010)
06/22/2010  Submission of 274 MOTION for Partial Final Order of Forfeiture as to Midtown Assets as to Chaplin's Midtown, Inc., submitted to District Judge Timothy C. Batten, Sr. (alc) (Entered: 06/22/2010)
06/25/2010284 PARTIAL FINAL ORDER AND JUDGMENT OF FORFEITURE as to Chaplin's Midtown, Inc. Final forfeiture judgment against the property as listed in the Order and Judgment is entered and all right, title and interest in said properties is condemned, forfeited, and vested in the United States and shall be disposed of according to law. This Court shall retain jurisdiction in this case for the purpose of enforcing this Order. Signed by Judge Timothy C. Batten, Sr. on 6/25/2010. (alc) (Entered: 06/25/2010)
06/25/2010  Clerk's Certificate of Mailing as to Chaplin's Midtown, Inc. re 284 Partial Final Order and Judgment of Forfeiture. (alc) (Entered: 06/25/2010)
08/03/2010285 Notice for Leave of Absence for the following date(s): September 13, 2010 through September 17, 2010, by Jenny R. Turner. (Turner, Jenny) (Entered: 08/03/2010)
05/16/2011286 Notice for Leave of Absence for the following date(s): June 27, 2011 through July 1, 2011, by Jenny R. Turner. (Turner, Jenny) (Entered: 05/16/2011)
06/29/2011287 Notice for Leave of Absence for the following date(s): September 6, 2011 through September 9, 2011, by Jenny R. Turner. (Turner, Jenny) (Entered: 06/29/2011)
07/08/2011288 Notice for Leave of Absence for the following date(s): July 21, 2011 through July 27, 2011, by Jenny R. Turner. (Turner, Jenny) (Entered: 07/08/2011)
08/15/2011289 JUDGMENT of USCA (certified copy) Chaplin's, Inc., (2) AFFIRMING decision of the USDC Counts 2s, 3s re: 256 Notice of Appeal. Case Appealed to USCA - 11th Circuit. USCA Case Number 10-10832. (kac) (Entered: 08/18/2011)
09/01/2011290 Appeal Record Returned as to Chaplin's, Inc: 256 Notice of Appeal Case Appealed to USCA Case Number 10-10832-GG. (fem) (Entered: 09/02/2011)
03/30/2012291 ORDER: Court DENIES AS MOOT IN PART and DENIES IN PART Chaplin's motion 262 for the stay of forfeiture and return of property. The Court GRANTS the Government's motion 264 to forfeit substitute property and amend the order of forfeiture. The Court's February 17, 2010 order is hereby amended so as to include $75,068.89 in funds seized from Chaplin's, Inc.'s Wachovia account X-1753 as substitute assets in full satisfaction of the $22,000 money judgment entered against Chaplin's, Inc. and partially recoup the loss of forfeited sales proceeds from inventory that was forfeited to the Government. Signed by Judge Timothy C. Batten, Sr on 3/30/12. (rsh) (Entered: 03/30/2012)
04/04/2012292 Notice for Leave of Absence for the following date(s): April 23, 24, 25, 26, 27, 30; May 1, and May 2, 2012, by Jenny R. Turner. (Turner, Jenny) (Entered: 04/04/2012)
04/10/2012293 Notice for Leave of Absence for the following date(s): May 14, 15, 16, and 17, 2012, by Jenny R. Turner. (Turner, Jenny) (Entered: 04/10/2012)
05/07/2012294 NOTICE OF FILING Declaration of Publication as to Chaplin's, Inc filed by USA (Goss, Dahil) (Entered: 05/07/2012)
06/01/2012295 Notice for Leave of Absence for the following date(s): July 2, 3, 4, 5, and 6, 2012, by Jenny R. Turner. (Turner, Jenny) (Entered: 06/01/2012)
06/21/2012296 Notice for Leave of Absence for the following date(s): September 10, 11, 12, 13, and 14, 2012, by Jenny R. Turner. (Turner, Jenny) (Entered: 06/21/2012)
06/27/2012297 Notice for Leave of Absence for the following date(s): July 13, 2012 and July 16-20, 2012, by Jenny R. Turner. (Turner, Jenny) (Entered: 06/27/2012)