CLOSED, CROSBY, CUSTAPP, PRIOR

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:02-cr-00649-TPG All Defendants


Case title: USA v. Mosallem, et al
Magistrate judge case number: 1:02-mj-00539

Date Filed: 05/16/2002

Assigned to: Judge Thomas P. Griesa

Defendant (1)
Mitchell E. Mosallem
TERMINATED: 11/14/2003
represented byPaul Barry Bergman
Paul B. Bergman, P.C.
950 Third Avenue
New York, NY 10022
212.355.7711
Fax: 212.755.5509
Email: paul.bergman@paulbbergmanpc.com
TERMINATED: 11/14/2003
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS
(1ss)
Second Amended judgment issued for correction of sentence as follows: total term of 70 months imprisonment. (35 months on counts 1,7,8,9,10 and 11. 35 months on count 6. 35 months on counts 2,3,4 and 5. Supervised release: Total term of 24 months. 12 months on count 1,7,8,9,10 and 11. 24 months on counts 2,3,4,5 and 6.) The defendant is hereby committed to the custody of the US Bureau of Prisons to be imprisoned for a total term of Seventy Months as follows: Counts 1,7,8,9,10 & 11: Thirty-Five Months on each count; Count 6: Thirty-five months to be served concurrently with the term of imprisonment imposed on counts 1,7,8,9,10 &11; Counts 2,3,4 & 5: Thirty-five months on each count to served concurrently and consecutive to the terms of imprisonment imposed on counts 1,6,7,8,9,10 & 11.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(2ss-6ss)
The defendant is hereby committed to the custody of the US Bureau of Prisons to be imprisoned for a total term of Seventy Months as follows: Counts 1,7,8,9,10 & 11: Thirty-Five Months on each count; Count 6: Thirty-five months to be served concurrently with the term of imprisonment imposed on counts 1,7,8,9,10 &11; Counts 2,3,4 & 5: Thirty-five months on each count to served concurrently and consecutive to the terms of imprisonment imposed on counts 1,6,7,8,9,10 & 11.
26:7206B.F FRAUD AND FALSE STATEMENTS
(7ss-11ss)
The defendant is hereby committed to the custody of the US Bureau of Prisons to be imprisoned for a total term of Seventy Months as follows: Counts 1,7,8,9,10 & 11: Thirty-Five Months on each count; Count 6: Thirty-five months to be served concurrently with the term of imprisonment imposed on counts 1,7,8,9,10 &11; Counts 2,3,4 & 5: Thirty-five months on each count to served concurrently and consecutive to the terms of imprisonment imposed on counts 1,6,7,8,9,10 & 11.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
15:1.F ANTITRUST VIOLATIONS (CONSPIRACY)
(1)
Counts in the underlying indictment are dismissed on the motion of the United States.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (ANTITRUST CONSPIRACY)
(1s)
Counts in the underlying indictment are dismissed on the motion of the United States.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (MAIL FRAUD CONSPIRACY)
(2)
Counts in the underlying indictment are dismissed on the motion of the United States.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(2s-6s)
Counts in the underlying indictment are dismissed on the motion of the United States.
26:7206A.F FRAUD AND FALSE STATEMENTS
(7s-11s)
Counts in the underlying indictment are dismissed on the motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Thomas P. Griesa

Defendant (2)
John Ghianni
TERMINATED: 08/12/2003
represented byJack T. Litman
Litman, Asche Lupkin, Gioiella & Bassin, LLP
45 Broadway, 30th Floor
New York, NY 10006
(212)-809-4500
Fax: (212) 509-8403
Email: jlitman@lagnyc.com
TERMINATED: 08/12/2003
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
15:1963.F VIOLATIONS AFFECTING INTERSTATE COMMERCE - Title 15, United States Code, Section 1)
(1sss)
Probation: 12 months. Fine: $30,000.00. Special assessment: $200.00.
26:7206A.F FRAUD AND FALSE STATEMENTS - (Title 26, United States Code, Section 7206(1))
(2sss)
Probation: 12 months. Fine: $30,000.00. Special assessment: $200.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
15:1.F ANTITRUST VIOLATIONS (CONSPIRACY)
(1)
Counts in underlying indictments are dismissed on the motion of the United States.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (ANTITRUST CONSPIRACY)
(1s)
Counts in underlying indictments are dismissed on the motion of the United States.
15:1.F ANTITRUST VIOLATIONS
(1ss)
Counts in underlying indictments are dismissed on the motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Thomas P. Griesa

Defendant (3)
Haluk K. Ergulec
TERMINATED: 03/26/2003
represented byKenneth Jay Kaplan
Kaplan & Katzberg
767 Third Avenue, 26th Floor
New York, NY 10017
212 750 3100
Fax: 212 750 8628
Email: kenkaplanlaw@yahoo.com
TERMINATED: 03/26/2003
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(2ss)
Imprisonment: 37 months. Supervised Release: 3 years.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(3ss)
Imprisonment: 37 months. Supervised Release: 3 years.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(4ss)
Imprisonment: 37 months. Supervised Release: 3 years.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(5ss)
Imprisonment: 37 months. Supervised Release: 3 years.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (MAIL FRAUD CONSPIRACY)
(2)
Counts are dismissed on the motion of the United States.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(2s)
Counts are dismissed on the motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Thomas P. Griesa

Defendant (4)
Birj Deckmejian
TERMINATED: 05/25/2004
represented byGeorge L. Santangelo
George L. Santangelo, Esq.
111 Broadway, Suite 1706
New York, NY 10006
(212)-269-4488
Fax: 212)-363-6978
Email: gls@santangelo.ws
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(2ss)
Probation: 3 years.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (MAIL FRAUD CONSPIRACY)
(2)
Count dismissed on the motion of the United States.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(2s)
Count dismissed on the motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Thomas P. Griesa

Defendant (5)
The Color Wheel, Inc.
The Color Wheel Inc.
TERMINATED: 03/26/2003
represented byKenneth Jay Kaplan
(See above for address)
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
15:1963.F VIOLATIONS AFFECTING INTERSTATE COMMERCE - Title 15, U.S.C., Sec. 1
(1ss)
Assessment: $1,600.00
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(2ss)
Assessment: $1,600.00
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(3ss)
Assessment: $1,600.00
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(4ss)
Assessment: $1,600.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
15:1.F ANTITRUST VIOLATIONS (CONSPIRACY)
(1)
Counts are dismissed on the motion of the United States.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (ANTITRUST CONSPIRACY)
(1s)
Counts are dismissed on the motion of the United States.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (MAIL FRAUD CONSPIRACY)
(2)
Counts are dismissed on the motion of the United States.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(2s)
Counts are dismissed on the motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Thomas P. Griesa

Defendant (6)
John F. Steinmetz
TERMINATED: 11/07/2003
represented byEdward S. Panzer
Edward S. Panzer
111 Broadway Suite 1706
New York, NY 10006
(212) 514-5335
Fax: 212-363-6978
Email: edwardspanzer@yahoo.com
TERMINATED: 11/07/2003
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS
(1)
The defendant was found not guilty. It is ORDERED that the defendant is acquitted, discharged, and any bond exonerated.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byDouglas Michael Tween
Baker & McKenzie LLP
452 Fifth Avenue
NY, NY 10036
(212) 626-4100
Fax: (212) 310-1600
Email: douglas.tween@usdoj.gov
LEAD ATTORNEY

Date Filed #Docket Text
02/19/200239 NOTICE OF OMNIBUS MOTION by Mitchell E. Mosallem for an Order dismissing count 1 , striking so much of counts 3, 4, and 5 , for Bill of Particulars , directing the Govt to provide a witness list one month in advance of trial and to identify, one month in advance of trial, by pre-marked exhibit numbers, the documents that the Govt will utilize in its case in chief , directing the Govt to disclose any and all relevant statements made by the Deft and make such statements available for inspection and copying and directing the Govt to provide its intention to use evidence of "similar acts" or other evidence , directing the Govt to provide the identity and qualifications of any expert it intends to utilize at the trial and a summary of the experts direct testimony , for leave to file pretrial motions , and for such other and further relief as may be just and proper. (ac) Modified on 02/20/2003 (Entered: 02/20/2003)
03/15/2002COMPLAINT as to Mitchell E. Mosallem in violation of 18 U.S.C. 371. ( signed by Magistrate Judge Theodore H. Katz ) [ 1:02-m -539 ] (gq) (Entered: 03/28/2002)
03/15/2002ARREST WARRANT issued as to Mitchell E. Mosallem. [ 1:02-m -539 ] (gq) (Entered: 03/28/2002)
03/18/2002ORDER as to Mitchell E. Mosallem, sealing the Complaint and Arrest Warrant in case 02 Mag. 539. ( Signed by Magistrate Judge Theodore H. Katz ); Copies mailed. [ 1:02-m -539 ] (gq) (Entered: 03/28/2002)
03/21/2002ORDER as to Mitchell E. Mosallem, unsealing Complaint and Arrest Warrant 02 Mag. 539 today and be filed by the Clerk of the Court on the public record. ( Signed by Magistrate Judge Theodore H. Katz ); Copies mailed. [ 1:02-m -539 ] (gq) (Entered: 03/28/2002)
03/21/2002  ARREST of Mitchell E. Mosallem [ 1:02-m -539 ] (gq) (Entered: 03/28/2002)
03/21/2002NOTICE of Appearance for Mitchell E. Mosallem by Attorney Paul B. Bergman. [ 1:02-m -539 ] (gq) (Entered: 03/28/2002)
03/21/2002  First Appearance as to Mitchell E. Mosallem held. Deft appears with atty Paul B. Bergman. AUSA Douglas M. Tween present for the gov't. Agreed bail package: $1.5 Million PRB. 2 FRP - wife (today) - father by 3/25/02. Secured by Apt. 240 E. 47th St. - 30 E-F. Travel restricted to SDNY/EDNY, New Jersey, Conn., N.Y. Surrender travel documents (& no new applications). 4/3/02 - 4/22/02 - Deft to be permitted to leave country for vacation - to return passport on return. Preliminary Examination set for 4/22/02 for Mitchell E. Mosallem ; (before Magistrate Judge Theodore H. Katz). [ 1:02-m -539 ] (gq) (Entered: 03/28/2002)
03/21/2002PRB APPEARANCE BOND filed by Mitchell E. Mosallem in the Amount of $1.5 Million. Co-signed by 2 financially responsible persons - wife (today) - father by 3/25/02. Secured by Apt. 240 E. 47th St. - 30E-F. Travel restricted to SDNY, EDNY, New Jersey, Connecticut, New York. Surrender travel documents (& no new applications). From 4/3/02-4/22/02, deft to be permitted to leave country for vacation - to return passport on return. [ 1:02-m -539 ] (gq) (Entered: 03/28/2002)
03/21/2002Order of advice of penalties and sanctions as to Mitchell E. Mosallem. [ 1:02-m -539 ] (gq) (Entered: 03/28/2002)
04/22/2002ORDER as to Mitchell E. Mosallem, to Continue in Interests of Justice time is excluded from 4/22/02 to 5/22/02 ( Signed by Magistrate Judge Henry B. Pitman ); Copies mailed. [ 1:02-m -539 ] (kw) (Entered: 04/22/2002)
05/16/2002INDICTMENT as to Mitchell E. Mosallem (1) count(s) 1, 2, John Ghianni (2) count(s) 1, Haluk K. Ergulec (3) count(s) 2, Birj Deckmejian (4) count(s) 2, The Color Wheel, Inc (5) count(s) 1, 2 (Preliminary Examination cancelled.) (jm) (Entered: 05/16/2002)
05/16/2002  CASE Assigned to Judge Thomas P. Griesa (jm) (Entered: 05/16/2002)
05/20/2002  Arraignment as to Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Wheel, Inc held Mitchell E. Mosallem (1) count(s) 1, 2, John Ghianni (2) count(s) 1, Haluk K. Ergulec (3) count(s) 2, Birj Deckmejian (4) count(s) 2, The Color Wheel, Inc (5) count(s) 1, 2 before Magistrate Judge Theodore H. Katz. Deft. Mosallem present with atty. Bergman. Deft. pleads NOT GUILTY. Bail cont'd. Deft. Ghianni present with atty. Litman. Deft. pleads NOT GUILTY. Bail set at $100,000. PRB. Travel U.S. and Puerto Rico, surrender travel documents. Deft. Erqulec present with atty. Kenneth Kaplan; deft. pleads NOT GUILTY. Bail set at $1 Million PRB; 1 FRP; surrender travel documents. Travel SDNY/EDNY/South Florida. Deft. Deckmejian present with atty. Santangelo deft. pleads NOT GUILTY. Bial set at $100.000 PRP. Surrender travel documents. Travel Continental U.S. Deft. the Color Wheel atty. Kenneth Kaplan enters NOT GUILTY plead. AUSA Tween present. Magistrate Judge Katz. (jb) (Entered: 05/22/2002)
05/20/2002  PLEA entered by Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Wheel, Inc . Court accepts plea. Not Guilty: Mitchell E. Mosallem (1) count(s) 1, 2, John Ghianni (2) count(s) 1, Haluk K. Ergulec (3) count(s) 2, Birj Deckmejian (4) count(s) 2, The Color Wheel, Inc (5) count(s) 1, 2 (jb) (Entered: 05/22/2002)
05/20/2002  Minute Entry for proceedings held before Judge Theodore H. Katz :Initial Appearance as to Birj Deckmejian held on 5/20/2002. (ja, ) (Entered: 06/03/2004)
05/21/200210 NOTICE of Appearance for Haluk K. Ergulec, The Color Wheel, Inc by Attorney Kenneth J Kaplan (jb) (Entered: 05/22/2002)
05/21/200211 Order of advice of penalties and sanctions as to Haluk K. Ergulec ( signed by Judge Thomas P. Griesa ) (jb) (Entered: 05/22/2002)
05/21/200212 PRB BOND filed by Haluk K. Ergulec in Amount $ 1 MILLION to be cosigned by 1 financially responsible person; surrender travel documents and NO new applications; travel restricted to SDNY, EDNY and District of Florida; District of New Jersey and Connecticut. (jb) (Entered: 05/22/2002)
05/21/200213 Order of advice of penalties and sanctions as to Birj Deckmejian ( signed by Judge Thomas P. Griesa ) (jb) (Entered: 05/22/2002)
05/21/200214 PRB BOND filed by Birj Deckmejian in Amount $ 100,000 surrender travel documents and NO new applications; travel restricted to Continental U.S.A (jb) (Entered: 05/22/2002)
05/21/200215 NOTICE of Appearance for John Ghianni by Attorney Jack T. Litman (jb) (Entered: 05/22/2002)
05/21/200216 Order of advice of penalties and sanctions as to John Ghianni ( signed by Judge Thomas P. Griesa ) (jb) (Entered: 05/22/2002)
05/21/200217 PRB BOND filed by John Ghianni in Amount $ 100,000 Receipt Surrender travel documents and NO new applications; travel restricted to Continental U.S.A. and Puerto Rico. (jb) (Entered: 05/22/2002)
05/21/200218 NOTICE of Appearance for Mitchell E. Mosallem by Attorney Paul B. Bergman. (jb) (Entered: 05/22/2002)
05/28/2002  PRETRIAL CONFERENCE as to Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Inc held before Judge Thomas P. Griesa. Deft. M. Mosallem NOT present, atty. Paul Bergman present, deft. J. Ghianni NOT present, attys Jack Litman and Russ Gioiella present, deft. H. Ergulic NOT present, atty. Kenneth Kaplan present, deft. B. Deckmejian NOT present, atty. Ed Panzer for George Santangelo present, deft. The Color Wheel by atty. Kenneth Kaplan present. gov't by Elizabeth Prewitt and Douglas Tevin, AUSA present. Next conference scheduled for 8/5/02 at 4:30pm. Time is excluded from speedy trial calculation from today's date til 8/6/02 in the interest of justice. (jb) (Entered: 05/29/2002)
05/28/2002  PRETRIAL CONFERENCE as to Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Wheel, Inc set at 4:30 8/5/02 for Mitchell E. Mosallem, for John Ghianni, for Haluk K. Ergulec, for Birj Deckmejian, for The Color Wheel, Inc (jb) (Entered: 05/29/2002)
07/11/200219 TRANSCRIPT of record of proceedings as to Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Wheel, Inc for dates of 5/28/02 @ 3:10pm, before Judge Thomas P. Griesa . (laq) (Entered: 07/11/2002)
07/18/200220 Stipulation and Order as to Mitchell E. Mosallem, by and between the undersigned, that the travel limitations of the defendant Mitchell Mosallem's bail be extended to include the States of Florida, Massachusetts, Rhode Island, New Hampshire, Vermont and Maine. (Signed by Judge Charles L. Brieant; on 7/18/02); Copies mailed. (jb) (Entered: 07/19/2002)
08/07/2002  PRETRIAL CONFERENCE as to The Color Wheel, Inc held before Judge Thomas P. Griesa. Defendant M. Mosallem not present with attorney Paul Bergman present. Defendant J. Ghianni not present, attorney Jack Litman present. Defendant H. Ergulec not present, attorney Paul Bergman for Kenneth Kaplan present. Defendant B. Deckmejian not present, attorney Ed Panzer for George Santangelo present. Defendant The Color Wheel by attorney Paul Bergman for Kenneth Kaplan. Government by Douglas Tween, Department of Justice. Next conference scheduled for 9/19/02 at 4:30 p.m. Time is excluded from speedy trial calculations from 8/7/02 to 9/19/02 in the interest of justice. (ph) (Entered: 08/08/2002)
08/07/2002  PRETRIAL CONFERENCE as to The Color Wheel, Inc set at 4:30 9/19/02 for The Color Wheel, Inc. (ph) (Entered: 08/08/2002)
08/16/200221 Filed Memo-Endorsement on letter: by USA as to Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Wheel, Inc, from AUSA Douglas M. Tween, Dated August 13, 2002, addressed to: Judge Griesa, requesting that the time between now [8/12/02] and the next scheduled conference on September 19, 2002....GRANTED (Signed by Judge Thomas P. Griesa, on 8/14/02); Copies mailed. (jb) (Entered: 08/16/2002)
09/10/200222 Filed Memo-Endorsement on letter: as to Mitchell E. Mosallem, from Paul B. Bergman, Atty for the dft, Dated 9/5/02, addressed to: Judge Griesa, Re: a request, Modifying Conditions of Release , to permit Mr. Mosallem to Travel with his family to Mexico during the period 9/11 to 9/27. Counsel for the Gov't has agreed to an extension of Mr. Mosallem's bail limits. Approved. ( Signed by Judge Thomas P. Griesa ); Copies mailed. (ja) (Entered: 09/12/2002)
09/17/200223 (S1) SUPERSEDING INDICTMENT as to Mitchell E. Mosallem (1) count(s) 1s, 2s-6s, 7s-11s, John Ghianni (2) count(s) 1s, Haluk K. Ergulec (3) count(s) 2s, Birj Deckmejian (4) count(s) 2s, The Color Wheel, Inc (5) count(s) 1s, 2s (ph) (Entered: 09/20/2002)
09/19/2002  PRETRIAL CONFERENCE as to Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Wheel, Inc held before Judge Thomas P. Griesa. Time is excluded from 9/19/02 to 11/6/02. Deft M. Mosallem not present, attorney Paul Bergman present. Deft J. Ghianni not present, attorney Russ Gioiella present. Deft H. Ergulic not present, attorney Kenneth Kaplan present. Deft B. Deckmejian not present, attorney George Santangelo present. Deft The Color Wheel present by attorney Kenneth Kaplan. Gov't by Elizabeth Prewitt and Douglas Tween. U.S. Dept of Justice. Pre-trial conference held. Next conference schedule for 11/6/02 at 4:30pm. Time is excluded for speedy trial calculations from today's date until 11/6/02 in the interest of justice. (jw) (Entered: 09/25/2002)
09/19/2002  PRETRIAL CONFERENCE as to Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Wheel, Inc set at 4:30 11/6/02 for Mitchell E. Mosallem, for John Ghianni, for Haluk K. Ergulec, for Birj Deckmejian, for The Color Wheel, Inc (jw) (Entered: 09/25/2002)
10/09/2002  Arraignment as to Mitchell E. Mosallem held Mitchell E. Mosallem (1) count(s) 1s, 2s-6s, 7s-11s before Judge Thomas P. Griesa. Deft M. Mosallem present with attorney Paul Bergman, gov't by Elizabeth Prewitt and Douglas Tween, U.S. Dept of Labor. Deft is arraigned on this instrument and enters a plea of not guilty. Bail Cont'd. (jw) (Entered: 10/15/2002)
10/09/2002  PLEA entered by Mitchell E. Mosallem. Court accepts plea. Not Guilty: Mitchell E. Mosallem (1) count(s) 1s, 2s-6s, 7s-11s (jw) (Entered: 10/15/2002)
11/04/200224 TRANSCRIPT of record of proceedings as to Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Wheel, Inc for dates of 9/19/02, before Judge Thomas P. Griesa . (moc) (Entered: 11/04/2002)
11/06/2002  PRETRIAL CONFERENCE as to Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Wheel, Inc held before Judge Thomas P. Griesa. Defendant M. Mosallem not present, attorney Paul Bergman present. Defendant J. Ghianni not present, attorney Russ Giocella present. Defendant H. Ergulec not present, attorney Kenneth Kaplan present. Defendant B. Deckmejian not present, attorney Paul Bergman present for George Santangelo. Defendant The Color Whee present by attorney Kenneth Kaplan. Government by Douglas Tween, Rebecca Meiklejohn and Elizabeth Previtt, Department of Justice, Anti-Trust Division. Trial date set for 4/14/03 at 10:00 a.m. (ph) (Entered: 11/13/2002)
11/06/2002  Jury trial as to Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Wheel, Inc set at 10:00 4/14/03 for Mitchell E. Mosallem, for John Ghianni, for Haluk K. Ergulec, for Birj Deckmejian, for The Color Wheel, Inc. (ph) (Entered: 11/13/2002)
11/14/200225 Filed Memo-Endorsement on letter: by Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Wheel, Inc , from Douglas M. Tween, Dated November 8, 2002, addressed to: Judge Griesa Re: Exclude time under the Speedy, to Continue in Interests of Justice time is excluded from 11/14/02 to 12/5/02 Approved., ( Signed by Judge Thomas P. Griesa ); (jw) (Entered: 11/14/2002)
11/14/200226 Filed Memo-Endorsement on letter: by Mitchell E. Mosallem , from Paul B. Bergman, Dated November 8, 2002, addressed to: Judge Griesa Re: To Travel, to Travel to Thailand and other neighboring countries during the period December 17, 2002 and January 11, 2003. Approved. , ( Signed by Judge Thomas P. Griesa ); (jw) (Entered: 11/14/2002)
11/25/200227 Filed Memo-Endorsement on letter: as to Birj Deckmejian, from Rebecca Meiklejohn, Atty, Antitrust Department, Dated 11/12/02, addressed to: Judge Griesa, Re: responding to letter from George Santangelo, Esq., counsel for dft Birj Deckmejian, in which he requests that the Court reschedule the trial in the above case; ... Rather than adjourning the 4/14/03 trial date now, the gov't suggests that the Court wait until Feb. 2003, at which time all the parties will be in a better position to assess whether there will be any trial of this matter and to resolve any competing commitments. In this regard, the gov't wishes to notify the Court that it has negotiated a plea agreement w/dfts Color Wheel and Ergulec, pursuant to which those dfts will plead guilty to the pending charges, as well as several additional charges. That agreement is awaiting approval in Washington. Proposal approved. ( Signed by Judge Thomas P. Griesa ) (ja) (Entered: 11/25/2002)
11/26/200228 Plea Agreement as to Haluk K. Ergulec, The Color Wheel, Inc. (ph) (Entered: 12/02/2002)
11/26/200229 WAIVER OF INDICTMENT by The Color Wheel, Inc (ja) Modified on 12/10/2002 (Entered: 12/04/2002)
11/26/200230 WAIVER OF INDICTMENT by Haluk K. Ergulec (ja) (Entered: 12/04/2002)
11/26/200231 (S2) SUPERSEDING INFORMATION as to Haluk K. Ergulec (3) count(s) 2ss, 3ss, 4ss, 5ss, The Color Wheel, Inc (5) count(s) 1ss, 2ss, 3ss, 4ss (ja) (Entered: 12/04/2002)
11/26/2002  Arraignment as to Haluk K. Ergulec, The Color Wheel, Inc held Haluk K. Ergulec (3) count(s) 2ss, 3ss, 4ss, 5ss, The Color Wheel, Inc (5) count(s) 1ss, 2ss, 3ss, 4ss before Judge Thomas P. Griesa. Dft H. Ergulec pres w/atty Kenneth Kaplan; dft, The Color Wheel, Inc. pres by atty Kenneth Kaplan, gov't by Douglas Tween, Elizabeth Prewitt and Rebecca Meiklejohn, U.S. Dept of Justice. Dfts waive prosecution by Indictment and Consent to Proceed by Information. Dfts plead GUILTY as charged to the Superseding Information. Pre-sentence investigation ordered. Sentence date set for 3/4/03 @ 9:30 a.m. Dft H. Ergulec cont'd released on bail. (ja) Modified on 12/10/2002 (Entered: 12/04/2002)
11/26/2002  PLEA entered by Haluk K. Ergulec, The Color Wheel, Inc . Court accepts plea. Guilty: Haluk K. Ergulec (3) count(s) 2ss, 3ss, 4ss, 5ss, The Color Wheel, Inc (5) count(s) 1ss, 2ss, 3ss, 4ss (Terminated motions - ) (ja) (Entered: 12/04/2002)
11/26/2002  Court Orders pre-sentence investigation as to Haluk K. Ergulec, The Color Wheel, Inc. (ja) (Entered: 12/04/2002)
11/26/2002  Sentencing set for 9:30 3/4/03 for Haluk K. Ergulec, for The Color Wheel, Inc , Haluk K. Ergulec (3) count(s) 2ss, 3ss, 4ss, 5ss, The Color Wheel, Inc (5) count(s) 1ss, 2ss, 3ss, 4ss (ja) (Entered: 12/04/2002)
12/12/200232 (S3) SUPERSEDING INDICTMENT as to Mitchell E. Mosallem (1) count(s) 1ss, 2ss-6ss, 7ss-11ss, John Ghianni (2) count(s) 1ss, Birj Deckmejian (4) count(s) 2ss , John F. Steinmetz (6) count(s) 1 (ac) (Entered: 12/13/2002)
12/18/2002  Arraignment as to John F. Steinmetz held John F. Steinmetz (6) count(s) 1 before Judge Thomas P. Griesa. Defendant M. Mosallem present with attorney Paul Bergman. Defendant J. Ghianni present with attorney Todd Terry. Defendant B. Deckmejian present with attorney George Santangelo. Defendant J. Steinmetz present with attorney Edward Panzer. Government by Elizabeth Preivit and Rebecca Meiklejohn, U.S. Department of Justice. Pre-trial conference held. Defendant J. Steinmetz is arraigned and enters a plea of not guilty. Curcio hearing as to defendant Steinmetz scheduled for 1/10/03 at 4:30 p.m. to determine eligibility of defense counsel. Defendant's Steinmetz bail established at $200,000 PRB. Travel restricted to New York, New Jersey, Pennsylvania, states between New York and North Carolina and one trip to California, surrender passport. All defendants continued released. (ph) (Entered: 12/23/2002)
12/18/2002  PLEA entered by John F. Steinmetz. Court accepts plea. Not Guilty: John F. Steinmetz (6) count(s) 1 (ph) (Entered: 12/23/2002)
12/18/2002  PRETRIAL CONFERENCE as to Mitchell E. Mosallem, John Ghianni, John F. Steinmetz held before Judge Thomas P. Griesa. (ph) (Entered: 12/23/2002)
12/18/2002  CURCIO Hearing as to John F. Steinmetz set at 4:30 1/10/03 for John F. Steinmetz. (ph) (Entered: 12/23/2002)
12/31/200233 TRANSCRIPT of record of proceedings as to Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec for dates of 11/6/02, before Judge Thomas P. Griesa . (dt) (Entered: 01/02/2003)
01/13/200334 Filed Memo-Endorsement on letter: by Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Wheel, Inc, John F. Steinmetz , from Rebecca Meiklejohn, Dated December 27, 2002, addressed to: Judge Griesa Re: Time excluded, to Continue in Interests of Justice time is excluded from 1/9/03 to 4/14/03 Approved. SO ORDERED, ( Signed by Judge Thomas P. Griesa ); (jw) (Entered: 01/13/2003)
01/27/200335 Filed Memo-Endorsement on letter: by Haluk K. Ergulec , from Kenneth Kaplan, Dated 1/24/03, addressed to: Judge Griesa Re: US v H. Ergulec et al, requesting permission for Deft Ergulec to Travel to Fajardo, Puerto Rico from 1/28/03 to 2/5/03. ,...Approved. So Ordered. ( Signed by Judge Thomas P. Griesa ); (ac) (Entered: 01/28/2003)
01/30/200336 TRANSCRIPT of record of proceedings as to Haluk K. Ergulec, The Color Wheel, Inc for dates of 11/26/02, before Judge Thomas P. Griesa . (dt) (Entered: 01/30/2003)
02/14/200337 Filed Memo-Endorsement on letter: by Mitchell E. Mosallem , from Paul B. Bergman, Dated February 10, 2003, addressed to: Judge Griesa Re: To Travel, to Travel to Mexico during February 12 to February 24 Approved. SO ORDERED, ( Signed by Judge Thomas P. Griesa ); (jw) (Entered: 02/14/2003)
02/14/200338 Filed Memo-Endorsement on letter: by Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Wheel, Inc, John F. Steinmetz , from Paul B. Bergman, Dated February 5, 2003, addressed to: Judge Griesa Re: Pretrial Motions, reset scheduling order deadlines: Motion Filing to 2/14/03 for Mitchell E. Mosallem, for John Ghianni, for Haluk K. Ergulec, for Birj Deckmejian, for The Color Wheel, Inc, for John F. Steinmetz ; Approved. SO ORDERED , ( Signed by Judge Thomas P. Griesa ); (jw) (Entered: 02/19/2003)
02/14/2003  PRETRIAL CONFERENCE as to John F. Steinmetz, Birj Deckmejian, Mitchell E. Mosallem held before Judge Thomas P. Griesa. Defendant Steinmetz present with attorney Panzer. Defendant Deckmejian present with attorney Santangelo. Defendant Mosallem not present. Attorneys Steven Hyman & Paul Bergman present. AUSAs Rebecca Meiklegohn, Douglas Tween & Elizabeth Prewitt present. Court Reporter present. AUSA Meiklejohn request a curcio hearing due to potential conflict between defendant Steinmetz and attorney Panzer. Judge questions defendant Steinmetz regarding possible conflict and defendant still want attorney Panzer as his counsel. Judge rules that there is no conflict between parties. Trial remain schedule for defendant Mosallem in April. AUSA Meiklejohn request for separte trials for remaining defendants granted. (jw) (Entered: 02/20/2003)
02/19/200340 MEMORANDUM OF LAW by Mitchell E. Mosallem in support of [39-1] motion dismissing count 1, [39-2] motion striking so much of counts 3, 4, and 5, [39-3] motion for Bill of Particulars, [39-4] motion directing the Govt to provide a witness list one month in advance of trial and to identify, one month in advance of trial, by pre-marked exhibit numbers, the documents that the Govt will utilize in its case in chief, [39-5] motion directing the Govt to disclose any and all relevant statements made by the Deft and make such statements available for inspection and copying and directing the Govt to provide its intention to use evidence of "similar acts" or other evidence, [39-6] motion directing the Govt to provide the identity and qualifications of any expert it intends to utilize at the trial and a summary of the experts direct testimony, [39-7] motion for leave to file pretrial motions, [39-8] motion for such other and further relief as may be just and proper. (ac) (Entered: 02/20/2003)
02/21/200341 MEMORANDUM OF LAW by Mitchell E. Mosallem in support of Motion To Dismiss Count I of the Superseding Indictment (jw) (Entered: 02/24/2003)
02/24/200350 SENTENCING MEMORANDUM by Haluk K. Ergulec (ac) (Entered: 03/27/2003)
02/28/200342 Filed Memo-Endorsement on letter: by Haluk K. Ergulec , from Kenneth J. Kaplan, Dated February 25, 2003, addressed to: Judge Griesa Re: To Travel, to Travel to Fajardo, Puerto Rico from Febraury 26 to March 4, 2003 SO ORDERED , ( Signed by Judge Thomas P. Griesa ); (jw) (Entered: 03/03/2003)
02/28/200343 Filed Memo-Endorsement on letter: by Mitchell E. Mosallem, from Attorney Douglas M. Tween, Dated 2/19/03, addressed to: Judge Griesa Re: informing the Court that parties agree to October 14 as a trial date and the exclusion of time until that date, set Jury trial for 10/14/03 for Mitchell E. Mosallem, for Birj Deckmejian, for John F. Steinmetz , and to Continue in Interests of Justice time is excluded from 2/25/03 to 10/14/03 ...Judge memo-endorsed: Approved. ( Signed by Judge Thomas P. Griesa on 2/25/03); Microfilmed on 3/3/03 at 9:00 a.m. (ph) (Entered: 03/03/2003)
03/03/200344 TRANSCRIPT of record of proceedings as to Mitchell E. Mosallem, John Ghianni, Birj Deckmejian, John F. Steinmetz for dates of December 18, 2002, before Judge Thomas P. Griesa . (dt) (Entered: 03/03/2003)
03/04/200345 Filed Memo-Endorsement on letter: by Haluk K. Ergulec , from Kenneth J. Kaplan, Dated February 25, 2003, addressed to: Judge Griesa Re: To Travel, to Travel to Fajardo, Puerto Rico on February 26 to March 4, 2003 SO ORDERED, ( Signed by Judge Thomas P. Griesa ); (jw) (Entered: 03/04/2003)
03/04/200346 Filed Memo-Endorsement on letter: by Mitchell E. Mosallem, from Attorney Paul B. Bergman, Dated 2/24/03, addressed to: Judge Griesa Re: requesting three (3) days after the Goverment submits its responsive papers to the defendant's pretrial motions, to reply to the government's response; granting the defense three days to file the defense reply ...Judge memo-endorsed. Approved. ( Signed by Judge Thomas P. Griesa on 2/28/03); Microfilmed on 3/4/03 at 12:00 p.m. (ph) (Entered: 03/04/2003)
03/11/200347 RESPONSE by USA to Deft Mosallem's Pretrial Omnibus Motion [39-1] dismissing count 1, [39-2] motion striking so much of counts 3, 4, and 5, [39-3] motion for Bill of Particulars, [39-4] motion directing the Govt to provide a witness list one month in advance of trial and to identify, one month in advance of trial, by pre-marked exhibit numbers, the documents that the Govt will utilize in its case in chief, [39-5] motion directing the Govt to disclose any and all relevant statements made by the Deft and make such statements available for inspection and copying and directing the Govt to provide its intention to use evidence of "similar acts" or other evidence, [39-6] motion directing the Govt to provide the identity and qualifications of any expert it intends to utilize at the trial and a summary of the experts direct testimony, [39-7] motion for leave to file pretrial motions, [39-8] motion for such other and further relief as may be just and proper. as to Mitchell E. Mosallem (ac) (Entered: 03/12/2003)
03/14/200348 REPLY MEMORANDUM OF LAW by Mitchell E. Mosallem in support of [39-1] motion dismissing count 1 (ac) (Entered: 03/17/2003)
03/17/200349 REPLY MEMORANDUM by Mitchell E. Mosallem in support of The Omnibus Pretrial [39-1] motion dismissing count 1, [39-2] motion striking so much counts 3, 4, and 5, [39-3] motion for Bill of Particulars, [39-4] motion directing the Govt to provide a witness list one month in advance of trial and to identify, one month in advance of trial, by pre-marked exhibit numbers, the documents that the Govt will utilize in its case in chief, [39-5] motion directing the Govt to disclose any and all relevant statements made by the Deft and make such statements available for inspection and copying and directing the Govt to provide its intention to use evidence of "similar acts" or other evidence, [39-6] motion the Govt to provide the identity and qualifications of any expert it intends to utilize at the trial and a summary of the experts direct testimony, [39-7] motion for leave to file pretrial motions, [39-8] motion for such other and further relief as may be just and proper. (jw) (Entered: 03/18/2003)
03/25/2003  Sentencing held The Color Wheel, Inc (5) count(s) 1ss, 2ss, 3ss, 4ss. (ja) (Entered: 03/28/2003)
03/25/2003  Sentencing held, Haluk K. Ergulec (3) count(s) 2ss, 3ss, 4ss, 5ss. (ja) (Entered: 03/28/2003)
03/26/2003  Payment of Fine by Haluk K. Ergulec in the amount of $400.00: Date Received: 3/26/03. (mn) (Entered: 03/26/2003)
03/26/2003  Payment of Fine by Haluk K. Ergulec in the amount of $1,500,000.00 restitution: Date Received: 3/26/03. (mn) (Entered: 03/26/2003)
03/26/2003  Payment of Fine by The Color Wheel, Inc in the amount of $1,600.00: Date Received: 3/26/03. (mn) (Entered: 03/26/2003)
03/26/2003  DISMISSAL of Count(s) on Government Motion as to The Color Wheel, Inc. Counts Dismissed: The Color Wheel, Inc (5) count(s) 1s, 1, 2s, 2 (ja) Modified on 03/28/2003 (Entered: 03/28/2003)
03/26/200352 FILED JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987). The defendant, The Color Wheel, Inc (5) count(s) 1s, 1 , 2s , 2 are dismissed on the motion of the United States. Defendant, The Color Wheel, Inc (5) pleaded guilty to count(s) 1ss, 2ss, 3ss, 4ss. The defendant is sentenced as provided in pages 2 through 3 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. Assessment: $1,600.00, is due in full immediately. Judgment and Commitment issued to U.S. Marshal ( Signed by Judge Thomas P. Griesa ). Docketed as a judgment #03, 0636 on 4/7/03. (ja) Modified on 04/08/2003 (Entered: 03/28/2003)
03/26/2003  DISMISSAL of Count(s) on Government Motion as to Haluk K. Ergulec. Counts Dismissed: Haluk K. Ergulec (3) count(s) 2s, 2. (ja) (Entered: 03/28/2003)
03/26/200353 FILED JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987). The defendant Haluk K. Ergulec (3) count(s) 2s, 2 are dismissed on the motion of the United States. Defendant Haluk K. Ergulec (3) pleaded guilty to count(s) 2ss, 3ss, 4ss and 5ss. The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. Imprisonment: 37 months on each of counts 2, 3, 4 and 5 to be served concurrently. The Court makes the following recommendations to the Bureau of Prisons; That defendant be incarcerated at F.P.C. Miami. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 6/12/03. Supervised Release: 3 years is imposed on counts 2, 3, 4 and 5 to run concurrently. Mandatory, Standard and Special conditions of supervision apply. The defendant shall not possess a firearm as defined in 18 U.S.C. Sec. 921. Assessment: $400.00 is due in full immediately; or not later than 6/17/03. Restitution: $1,500,000.00. Judgment and Commitment issued to U.S. Marshal ( Signed by Judge Thomas P. Griesa ). Docketed as a judgment #03, 0637 on 4/7/03. (ja) Modified on 04/08/2003 Modified on 2/3/2004 (ja, ). (Entered: 03/28/2003)
03/27/200351 EX PARTE ORDER as to Mitchell E. Mosallem: ex parte application of Paul B. Bergman, atty for the dft, Mitchell E. Mosallem, it is ORDERED that, pursuant to F.R.Cr.P., 17(c), counsel for the dft Mitchell E. Mosallem may prepare and serve subpoenas duces tecum in the above-captioned matter bearing reasonsble return dates within the pre-trial period upon the following: Master Eagle Graphic Services, Integrated Imaging Center, Quality House of Graphics, Print Technical Group, Inc., and Uni-Graphic, Inc. SO ORDERED. ( Signed by Judge Thomas P. Griesa ) (ja) (Entered: 03/28/2003)
03/31/2003  PRETRIAL CONFERENCE as to Mitchell E. Mosallem held before Judge Thomas P. Griesa. Deft M. Mosallem not present, atty Paul Bergman present. Gov't by Rebecca Meiklejohn, Elizabeth Prewitt and Douglas Tween. Pre-trial conference held. Deft's oral application to adjourn 4/14/03 trial to 4/28/03 is denied in open court. (jw) (Entered: 04/02/2003)
04/02/200354 TRANSCRIPT of record of proceedings as to Mitchell E. Mosallem, Birj Deckmejian, John F. Steinmetz for dates of February 14, 2003, before Judge Thomas P. Griesa . (dt) (Entered: 04/02/2003)
04/02/200355 OPINION # 88305 as to Mitchell E. Mosallem denying [39-1] motion dismissing count 1 as to Mitchell E. Mosallem (1), denying [39-2] motion striking so much of counts 3, 4, and 5 as to Mitchell E. Mosallem (1), denying [39-3] motion for Bill of Particulars as to Mitchell E. Mosallem (1). The Court denies the motion. As to the discovery also requested in the motion, the Court is available to continue its discussions with counsel regarding any information materials which should be produced in advance of trial. So Ordered. by Judge Thomas P. Griesa ); (ac) (Entered: 04/03/2003)
04/08/200356 Plea Agreement as to Mitchell E. Mosallem. (ph) (Entered: 04/09/2003)
04/08/2003  Change of Plea Hearing as to Mitchell E. Mosallem held before Judge Thomas P. Griesa . Deft present w/ Atty Paul Bergman. Govt by R. Meiklejohn, D. Tween, and E. Prewitt, US D.O.J. Anti-Trust Div. Deft w/d plea of not guilty and pleads guilty as charged. PSI ordered. Sentence set 8/13/03 at 9:30am. Bail cont'd. (ac) (Entered: 04/09/2003)
04/08/2003  Change of Not Guilty Plea to Guilty Plea by Mitchell E. Mosallem Mitchell E. Mosallem (1) count(s) 1ss, 2ss-6ss, 7ss-11ss (ac) (Entered: 04/09/2003)
04/08/2003  PLEA entered by Mitchell E. Mosallem . Court accepts plea. Guilty: Mitchell E. Mosallem (1) count(s) 1ss, 2ss-6ss (Terminated motions - ) (ac) (Entered: 04/09/2003)
04/08/2003  PLEA entered by Mitchell E. Mosallem . Court accepts plea. Guilty: Mitchell E. Mosallem (1) count(s) 7ss-11ss (ac) (Entered: 04/09/2003)
04/08/2003  Court Orders pre-sentence investigation as to Mitchell E. Mosallem (ac) (Entered: 04/09/2003)
04/08/2003  Sentencing set for 9:30 8/13/03 for Mitchell E. Mosallem , Mitchell E. Mosallem (1) count(s) 1ss, 2ss-6ss, 7ss-11ss (ac) (Entered: 04/09/2003)
04/09/2003  PRETRIAL CONFERENCE as to Birj Deckmejian, John F. Steinmetz held before Judge Thomas P. Griesa. Defendant B. Deckmejian not present. Attorney George Santangelo present. Defendant J. Steinmetz not present. Attorney Eduard Panzer present, government by Rebecca Meiklejohn, Douglas Tween and Elizabeth Previtt. Defendant of Justice, Antitrust Division. Pre-trial conference held. Trial date of 10/14/03 confirmed. (ph) (Entered: 04/10/2003)
04/09/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz set at 10/14/03 for Birj Deckmejian, for John F. Steinmetz. (ph) (Entered: 04/10/2003)
04/14/200357 WAIVER OF INDICTMENT by John Ghianni (ja) (Entered: 04/23/2003)
04/14/200358 (S4) SUPERSEDING INFORMATION as to John Ghianni (2) count(s) 1sss, 2sss (ja) (Entered: 04/23/2003)
04/14/2003  Arraignment as to John Ghianni held John Ghianni (2) count(s) 1sss, 2sss before Judge Thomas P. Griesa. Dft pres w/attys Jack Litman and Richard Asche, Gov't by Rebecca Meikeljohn, Douglas Teveen and Elizabeth Prewitt, U.S. Dept. of Justice, Antitrust Division. Dft waives prosecution by Indictment and consents to proceed by this Superseding Information. Dft is arraigned on this instrument and pleas GUILTY as charged. Presentence investigation ordered. Sentence date set for 8/11/03 @ 4:30 p.m. Bail cont'd. (ja) (Entered: 04/23/2003)
04/14/2003  PLEA entered by John Ghianni. Court accepts plea. Guilty: John Ghianni (2) count(s) 1sss, 2sss (ja) (Entered: 04/23/2003)
04/14/2003  Court Orders pre-sentence investigation as to John Ghianni (ja) (Entered: 04/23/2003)
04/14/2003  Sentencing set for 4:30 8/11/03 for John Ghianni , John Ghianni (2) count(s) 1sss, 2sss (ja) (Entered: 04/23/2003)
04/14/200359 Plea Agreement as to John Ghianni (ja) (Entered: 04/23/2003)
04/30/200387 SATISFACTION OF JUDGMENT as to Haluk K. Ergulec re 53 Judgment in the amount of $1,500,400.00. Judgment satisfied on 4/7/03. (ja, ) (Entered: 02/03/2004)
06/03/200360 TRANSCRIPT of record of proceedings as to Mitchell E. Mosallem, John Ghianni, Haluk K. Ergulec, Birj Deckmejian, The Color Wheel, Inc, John F. Steinmetz for dates of 4/9/03, before Judge Thomas P. Griesa . (pr) (Entered: 06/13/2003)
06/03/200361 TRANSCRIPT of record of proceedings as to Mitchell E. Mosallem for dates of April 2, 2003, before Judge Thomas P. Griesa . (dt) (Entered: 06/17/2003)
06/03/200362 TRANSCRIPT of record of proceedings as to John Ghianni for dates of April 14, 2003, before Judge Thomas P. Griesa . (dt) (Entered: 06/17/2003)
06/03/200363 TRANSCRIPT of record of proceedings as to Mitchell E. Mosallem for dates of April 8, 2003, before Judge Thomas P. Griesa . (dt) (Entered: 06/17/2003)
08/11/2003  Sentencing held John Ghianni (2) count(s) 1sss, 2sss. (ph) (Entered: 08/14/2003)
08/12/200364 PRE-SENTENCING MEMORANDUM by John Ghianni. (bw) (Entered: 08/13/2003)
08/12/2003  DISMISSAL of Count(s) on Government Motion as to John Ghianni Terminated motions: Counts Dismissed: John Ghianni (2) count(s) 1ss, 1s, 1. (ph) (Entered: 08/14/2003)
08/12/200365 FILED JUDGMENT IN A CRIMINAL CASE. (For offenses committed on or after November 1, 1987). Defendant's attorney: Ricard Ashe. The defendant John Ghianni (2) pleaded guilty to count(s) 1sss, 2sss. Probation: 12 months. Fine: $30,000.00. Special assessment: $200.00. John Ghianni (2) count(s) 1ss, 1s, 1. Counts in underlying indictments are dismissed on the motion of the United States. The drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm. Judgment and Commitment issued to U.S. Marshal. ( Signed by Judge Thomas P. Griesa ). [Microfilmed on 8/14/03 at 12:00 p.m.] Docketed as a judgment #03, 1694 on 8/18/03. (ph) Modified on 08/19/2003 (Entered: 08/14/2003)
08/13/2003  Payment of Fine by John Ghianni in the amount of $200.00: Date Received: 8/13/03. (mn) (Entered: 08/13/2003)
08/14/200366 Filed Memo-Endorsement on letter: by Mitchell E. Mosallem, from attorney Paul B. Bergman, Dated 8/14/03, addressed to: Judge Griesa Re: requesting an adjournment of sentence until the week of 9/15/03, Judge memo-endorsed: Approved. ( Signed by Judge Thomas P. Griesa ); [Microfilmed on 8/14/03 at 12:00 p.m.] (ph) (Entered: 08/14/2003)
09/02/2003  Payment of Fine by John Ghianni in the amount of $30,000.00: Date Received: 9/2/03. (mn) (Entered: 09/02/2003)
09/23/200367 SATISFACTION OF JUDGMENT as to John Ghianni Re: [65-1] judgment order, for the fine in the amount of $30,000.00 and the special assessment in the amount of $200.00, amounting in all to the sum of $30,200.00. Judgment entered in the Judgment Book of the U.S.D.C. for the S.D.N.Y. on August 18, 2003. (bw) (Entered: 09/30/2003)
10/08/2003  Status conference as to Mitchell E. Mosallem held before Judge Thomas P. Griesa. Dft M. Mosallem pres w/atty Paul Bergman, gov't by Rebecca Meiklejohn, U.S. Dept of Justice. Dft's oral application to adjourn the sentence date from 10/10/03 to 10/28/03 @ 9:30 a.m. is granted in open court. Govt's oral application to prohibit the transfer of any assets by dft prior to sentencing is granted in open court. Bail cont'd. 5/16/02. (ja) (Entered: 10/17/2003)
10/08/2003  Sentencing set for 9:30 10/28/03 for Mitchell E. Mosallem Mitchell E. Mosallem (1) count(s) 1ss, 2ss-6ss, 7ss-11ss (ja) (Entered: 10/17/2003)
10/10/2003  PRETRIAL CONFERENCE as to Birj Deckmejian, John F. Steinmetz held before Judge Thomas P. Griesa. Dft B. Deckmejian pres w/atty George Santangelo, dft J. Steinmetz pres w/atty Edward Panyer, gov't by Rebecca Meiklejohn and Douglas Tween, U.S. Dept. of Justice. Bail cont'd. (ja) (Entered: 10/17/2003)
10/20/200368 TRANSCRIPT of record of proceedings as to Mitchell E. Mosallem, The Color Wheel, Inc for dates of 3/25/03, before Judge Thomas P. Griesa . (df) (Entered: 10/20/2003)
10/20/2003  Voir dire begun as to Birj Deckmejian (4) count(s) 2ss, 2s, 2, John F. Steinmetz (6) count(s) 1. Deft Birj Deckmejian present with atty George Santangelo, Deft John Steinmetz present with atty Edward Panyer, gov't by Rebecca Meikeljohn, Douglas Tween & Elizabeth Prewitt of the Dept of Justice, Anti-Trust Division. (jw) (Entered: 10/28/2003)
10/20/2003  Jury selection as to Birj Deckmejian, John F. Steinmetz begun (jw) (Entered: 10/28/2003)
10/20/2003  Jury selection as to Birj Deckmejian, John F. Steinmetz held (jw) (Entered: 10/28/2003)
10/21/200369 TRANSCRIPT of record of proceedings as to Haluk K. Ergulec, The Color Wheel, Inc for dates of 3/25/03, before Judge Thomas P. Griesa . (df) (Entered: 10/21/2003)
10/21/2003  Jury impaneled as to Birj Deckmejian, John F. Steinmetz (jw) (Entered: 10/28/2003)
10/21/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz begun (jw) (Entered: 10/28/2003)
10/21/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz held (jw) (Entered: 10/28/2003)
10/22/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz held (jw) (Entered: 10/28/2003)
10/23/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz held (jw) (Entered: 10/28/2003)
10/24/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz held (jw) (Entered: 10/28/2003)
10/24/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz continued to 10/27/03 for Birj Deckmejian, for John F. Steinmetz (jw) (Entered: 10/28/2003)
10/27/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz held (jw) (Entered: 10/28/2003)
10/28/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz held (jw) (Entered: 11/12/2003)
10/29/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz held (jw) (Entered: 11/12/2003)
10/30/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz held (jw) (Entered: 11/12/2003)
10/31/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz held (jw) (Entered: 11/12/2003)
10/31/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz continued to 11/3/03 for Birj Deckmejian, for John F. Steinmetz (jw) (Entered: 11/12/2003)
11/03/200370 TRANSCRIPT of record of proceedings as to John Ghianni for dates of 8/11/03, before Judge Thomas P. Griesa . (df) (Entered: 11/03/2003)
11/04/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz held (jw) (Entered: 11/12/2003)
11/05/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz held (jw) (Entered: 11/12/2003)
11/06/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz held (jw) (Entered: 11/12/2003)
11/07/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz held (jw) (Entered: 11/12/2003)
11/07/2003  Jury trial as to Birj Deckmejian, John F. Steinmetz concluded. Jury reaches verdict. Deft J. Steinmetz is found not guilty. Deft B. Deckmejian is found guilty as charged. Pre-Sentence ordered. Sentence date to be determined. Deft Steinmetz ordered aquitted. Deft Deckmejian cont'd released on bail. (jw) (Entered: 11/12/2003)
11/07/2003  JURY VERDICT as to John F. Steinmetz Not Guilty: John F. Steinmetz (6) count(s) 1 (jw) (Entered: 11/12/2003)
11/07/2003  JURY VERDICT as to Birj Deckmejian Guilty: Birj Deckmejian (4) count(s) 2ss (jw) (Entered: 11/12/2003)
11/07/2003  Court Orders pre-sentence investigation as to Birj Deckmejian (jw) (Entered: 11/12/2003)
11/07/2003  Sentencing held John F. Steinmetz (6) count(s) 1 (jw) (Entered: 11/20/2003)
11/07/200372 JUDGMENT OF ACQUITTAL John F. Steinmetz (6) count(s) 1. The defendant was found not guilty. It is ORDERED that the defendant is acquitted, discharged, and any bond exonerated. ; Judgment and Commitment issued to U.S. Marshal ( Signed by Judge Thomas P. Griesa ) (jw) (Entered: 11/20/2003)
11/14/2003  Sentencing held Mitchell E. Mosallem (1) count(s) 1ss, 2ss-6ss, 7ss-11ss. (ph) (Entered: 11/17/2003)
11/14/2003  DISMISSAL of Count(s) on Government Motion as to Mitchell E. Mosallem Terminated motions: terminating [39-4] motion directing the Govt to provide a witness list one month in advance of trial and to identify, one month in advance of trial, by pre-marked exhibit numbers, the documents that the Govt will utilize in its case in chief as to Mitchell E. Mosallem (1), terminating [39-5] motion directing the Govt to disclose any and all relevant statements made by the Deft and make such statements available for inspection and copying and directing the Govt to provide its intention to use evidence of "similar acts" or other evidence as to Mitchell E. Mosallem (1), terminating [39-6] motion directing the Govt to provide the identity and qualifications of any expert it intends to utilize at the trial and a summary of the experts direct testimony as to Mitchell E. Mosallem (1), terminating [39-7] motion for leave to file pretrial motions as to Mitchell E. Mosallem (1), terminating [39-8] motion for such other and further relief as may be just and proper. as to Mitchell E. Mosallem (1) Counts Dismissed: Mitchell E. Mosallem (1) count(s) 1s, 1, 2s-6s, 2, 7s-11s. (ph) (Entered: 11/17/2003)
11/14/200371 FILED JUDGMENT IN A CRIMINAL CASE. (For offenses committed on or after November 1, 1987). Defendant's attorney: Paul Bergman, AUSA Rebecca Meiklejohn. The defendant Mitchell E. Mosallem (1) pleaded guilty to count(s) 1ss, 2ss-6ss, 7ss-11ss. Imprisonment: 35 months on counts 1,7,8,9,10 and 11 to be served concurrently. 35 months on count 6 to be served concurrently. 35 months on counts 2,3,4 and 5 to be served concurrently and consecutive. Supervised release: 12 months. Restitution: $247,000. Special assessment: $1,100. Mitchell E. Mosallem (1) count(s) 1s, 1, 2s-6s, 2, 7s-11s. Counts in the underlying indictment are dismissed the motion of the United States. Judgment and Commitment issued to U.S. Marshal. ( Signed by Judge Thomas P. Griesa ). Docketed as a Judgment #03,2431 on 11/18/03. (ph) Modified on 11/20/2003 (Entered: 11/17/2003)
11/25/2003  Minute Entry for proceedings held before Judge Thomas P. Griesa :Status Conference as to Mitchell E. Mosallem held on 11/25/2003; Deft Mitchel Mosallem present with atty Paul Bergman, gov't by Rebecca Meiklejohn and Douglas Tween, US Dept of Justice. Deft's oral application to be released on 2.5 million bond, securedy by $500,000 held in escrow by deft's father's atty, co-signed by Mitchel Mosallem (Father), Helene Kvalheim, Claire Daratary and Helen Cotton. Additional security of father's apartment (80 Park Ave #4J). Deft to surrender on or before 12/28/03 to an institution designated by B.O.P. Deft's cont'd remanded pending processing of bond. (jw, ) (Entered: 12/04/2003)
11/25/2003  Minute Entry for proceedings held before Judge Thomas P. Griesa :Bond Hearing as to Mitchell E. Mosallem held on 11/25/2003. Deft Mitchell Mosallem present w/atty Paul Bergman. Govt by Rebecca Meiklejohn and Douglas Tween, U.S. Dept. of Justice. Deft's application to be released on 2.5 million bond. Secured by $500,000 held in escrow by Ares Axiotis with additional security of deft's father's apartment (80 Park Ave. #4J) and deft's apartment (240 E. 47th St. #30 E/F). Co-signed by Helen Kvalheim, Claire Daratany, Helen Colton and Mitchel Mosallem (father). Deft to telephonically report daily from home. (bw, ) (Entered: 12/22/2003)
11/25/200379 APPEARANCE Bond Entered as to Mitchell E. Mosallem in amount of $2.5 Million; $2.5 Million PRB. Secured by $500,000 held in escrow by Ares Demetrius Axiotis. With additional security of deft's father's apartment (80 Park Ave. #4J) and deft's apartment (240 E. 47th St. #30 E/F). Co-signed by Helen Kvalheim, Claire Daratany, Helen Colton & Mitchel Mosallem (father). Deft to telephonically report daily from home. (bw, ) (Entered: 12/22/2003)
11/25/200380 ADVICE OF PENALTIES AND SANCTIONS as to Mitchell E. Mosallem. Defendant Released. (bw, ) (Entered: 12/22/2003)
12/04/200373 NOTICE OF APPEAL of Conditions of Release by USA as to Mitchell E. Mosallem. Copies of Notice of Appeal of Conditions of Release mailed to Attorney(s) of Record: PAUL B. Bergman and Court Reporters. (dt, ) (Entered: 12/04/2003)
12/04/2003  Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Mitchell E. Mosallem to US Court of Appeals re: 73 Notice of Appeal - Conditions of Release. (dt, ) (Entered: 12/04/2003)
12/09/200374 ORDER as to Mitchell E. Mosallem. Upon consent of parties, the defendant Mitchell Mosallems' voluntary surrender date, changed from Sunday, 12/28/03, to Monday, 12/29/03 and it is SO ORDERED. (Signed by Judge Thomas P. Griesa on 12/5/03)(ph, ) (Entered: 12/10/2003)
12/10/200375 AMENDED JUDGMENT as to Mitchell E. Mosallem (1), Count(s) 1, 1s, 2, 2s-6s, 7s-11s, Counts in the underlying indictment are dismissed on the motion of the United States.; Count(s) 1ss, 2ss-6ss, 7ss-11ss, The defendant is hereby committed to the custody of the US Bureau of Prisons to be imprisoned for a total term of Seventy Months as follows: Counts 1, 7, 8, 9, 10 & 11: Thirty-Five Months on each count; Count 6: Thirty-five months to be served concurrently with the term of imprisonment imposed on counts 1, 7, 8, 9, 10 & 11; Counts 2, 3, 4 & 5: Thirty-five months on each count to served concurrently and consecutive to the terms of imprisonment imposed on counts 1, 6, 7, 8, 9, 10 & 11. Defendant be incarcerated in the Northeast Region. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2pm on 12/29/03. Special assessment of $1,100.00 which is due immediately; Restitution of $247,000. (Signed by Judge Thomas P. Griesa on 12/10/03)(jw, ) (Entered: 12/12/2003)
12/15/200376 TRANSCRIPT of Proceedings as to Birj Deckmejian, John F. Steinmetz held on October 10, 2003, 12:10 p.m. before Judge Thomas P. Griesa. (dt, ) (Entered: 12/15/2003)
12/16/2003  Minute Entry for proceedings held before Judge Thomas P. Griesa :Status Conference as to Mitchell E. Mosallem held on 12/16/2003. Deft. Mitchell Mosallem present w/atty Paul Bergman. Government by Rebecca Meikeljohn, U.S. Dept. of Justice. Defts' bail conditions are modified as follows: from now til deft's surrender date, 12/29/03, the court directs that deft be under home confinement with electronic monitoring from 9 p.m. to 8 a.m. without any exceptions except Christmas Eve (to allow travel to Roosevelt Island) and Christmas Day (to allow travel to Brooklyn). All other days deft. is restricted to Manhattan. Bail cont'd. (rg, ) (Entered: 12/16/2003)
12/17/200377 TRANSCRIPT of Proceedings as to Birj Deckmejian, John F. Steinmetz held on 10/29,30,31/03 11/3,4,5,/03 before Judge Thomas P. Griesa. (jf, ) (Entered: 12/17/2003)
12/17/200378 TRANSCRIPT of Proceedings as to Birj Deckmejian, John F. Steinmetz held on 10/21,22,23,24,27,28/03 before Judge Thomas P. Griesa. (jf, ) (Entered: 12/17/2003)
12/19/200382 AMENDED JUDGMENT as to Mitchell E. Mosallem (1), Count(s) 1, 1s, 2, 2s-6s, 7s-11s, Counts in the underlying indictment are dismissed on the motion of the United States.; Count(s) 1ss, **Second Amended judgment issued for correction of sentence as follows: total term of 70 months imprisonment. (35 months on counts 1,7,8,9,10 and 11. 35 months on count 6. 35 months on counts 2,3,4 and 5. Supervised release: Total term of 24 months. 12 months on count 1,7,8,9,10 and 11. 24 months on counts 2,3,4,5 and 6.**) The defendant is hereby committed to the custody of the US Bureau of Prisons to be imprisoned for a total term of Seventy Months as follows: Counts 1,7,8,9,10 & 11: Thirty-Five Months on each count; Count 6: Thirty-five months to be served concurrently with the term of imprisonment imposed on counts 1,7,8,9,10 &11; Counts 2,3,4 & 5: Thirty-five months on each count to served concurrently and consecutive to the terms of imprisonment imposed on counts 1,6,7,8,9,10 & 11.; Count(s) 2ss-6ss, 7ss-11ss, The defendant is hereby committed to the custody of the US Bureau of Prisons to be imprisoned for a total term of Seventy Months as follows: Counts 1,7,8,9,10 & 11: Thirty-Five Months on each count; Count 6: Thirty-five months to be served concurrently with the term of imprisonment imposed on counts 1,7,8,9,10 &11; Counts 2,3,4 & 5: Thirty-five months on each count to served concurrently and consecutive to the terms of imprisonment imposed on counts 1,6,7,8,9,10 & 11. (Signed by Judge Thomas P. Griesa on 12/19/03)(ph, ) (Entered: 12/31/2003)
12/29/200390 Judgment Returned Executed for 82 Amended Judgment as to Mitchell E. Mosallem on 12/29/03. Defendant committed to FPC Allenwood at Montgomery, PA. (jw, ) (Entered: 04/05/2004)
12/31/2003  Judgment entered in money judgment book as #03,2431 as to Mitchell E. Mosallem in the amount of $ 248,100.00, re: 82 Second Amended Judgment. (bw, ) (Entered: 01/06/2004)
01/06/200483 TRANSCRIPT of Proceedings as to Birj Deckmejian held on 11/7/03 before Judge Thomas P. Griesa. (pr, ) (Entered: 01/06/2004)
01/09/200484 TRANSCRIPT of Proceedings as to Mitchell E. Mosallem held on 11/13/03 before Judge Thomas P. Griesa. (jf, ) (Entered: 01/09/2004)
01/09/200485 ORDER EXONERATING BAIL as to Mitchell E. Mosallem. The bail bond of $2,500,000 held in escrow and the requirements thereunder are exonerated and the bail bond is satisfied; and it is SO ORDERED. (Signed by Judge Thomas P. Griesa on 1/7/04)(ph, ) (Entered: 01/13/2004)
01/12/2004  Payment of Fine from Mitchell E. Mosallem in the amount of 100.00. Date Received: 1/12/04. (mn, ) (Entered: 01/12/2004)
01/12/2004  Payment of RESTITUTION from Mitchell E. Mosallem in the amount of $1,000.00. Date Received: 1/12/04. (mn, ) (Entered: 01/12/2004)
01/13/200486 MANDATE as to Mitchell E. Mosallem re: 73 Notice of Appeal - Conditions of Release, USCA Case Number 03-1730. The Govt's emergency motion seeking reversal of the district court's order granting bail to deft is hereby DENIED. However, we believe that additional measures are required to ensure the deft's voluntary surrender as scheduled for 12/29/03. The parties and the deft are directed to appear today before the district court to determine what these measures will be. At the hearing, the district court is free to reconsider its decision to release the deft on bail.; Roseann B. MacKechnie, Clerk USCA. Issued As Order: 12/16/03. (bw, ) (Entered: 01/15/2004)
02/27/200488 SENTENCING MEMORANDUM by USA as to Birj Deckmejian. The US of America respectfully submits this memorandum in connection with the sentencing of defendant Birj Deckmejian. For the reasons set forth, the Court should deny Deckmejian's motion for a departure pursuant to USSG 5K1.2 and sentence him at level 19, 30-37 months. (jw, ) (Entered: 03/01/2004)
03/29/200489 ORDER as to Mitchell E. Mosallem. Upon application of counsel for the dft, it is found by the Court that the Special Assessment imposed upon the dft in the amount of $1,100.00 (Eleven Hundred Dollars) at his sentencing on 11/13/03, has been paid in full and it is SO ORDERED. (Signed by Judge Thomas P. Griesa on 3/19/04)(ja, ) (Entered: 03/30/2004)
05/10/200491 TRANSCRIPT of Proceedings as to Birj Deckmejian held on 5/4/2004 before Judge Thomas P. Griesa. (dg, ) (Entered: 05/10/2004)
05/10/200492 TRANSCRIPT of Proceedings as to Birj Deckmejian held on 5/5/04 before Judge Thomas P. Griesa. (dg, ) (Entered: 05/10/2004)
05/21/2004  Minute Entry for proceedings held before Judge Thomas P. Griesa :Sentencing held on 5/21/2004 for Birj Deckmejian (4) Count 2ss. (ja, ) (Entered: 06/03/2004)
05/25/2004  DISMISSAL OF COUNTS on Government Motion as to Birj Deckmejian (4) Counts 2 and 2s.(ja, ) (Entered: 06/03/2004)
05/25/200493 FILED JUDGMENT IN A CRIMINAL CASE as to Birj Deckmejian (4), Count(s) 2 and 2s are dismissed on the motion of the United States. The defendant was found guilty on Count(s) 2ss after a plea of not guilty. Probation: 3 years. Assessment: $100.00. Restitution: $186,000.00 shall be joint and several and shall be paid in full within thirty (3) days. (Signed by Judge Thomas P. Griesa on 5/25/04)(ja, ) (Entered: 06/03/2004)
06/07/200494 TRANSCRIPT of Proceedings as to Birj Deckmejian held on 5/21/04 before Judge Thomas P. Griesa. (dfe, ) (Entered: 06/07/2004)
06/09/2004  Judgment entered in money judgment book as #04, 1102 as to Birj Deckmejian in the amount of $ 186100, re: 93 Judgment (jw, ) (Entered: 06/09/2004)
06/23/2004  Payment of Fine from Birj Deckmejian in the amount of $100.00. Date Received: 6/23/04. (mn, ) (Entered: 06/23/2004)
06/23/2004  Payment of RESTITUTION from Birj Deckmejian in the amount of $185,900.00. Date Received: 6/23/04. (mn, ) (Entered: 06/23/2004)
07/01/200495 NOTICE OF APPEAL by USA as to Birj Deckmejian from 93 Judgment,. Copies of Notice of Appeal mailed to Attorney(s) of Record: GEORGE SANTANGELO, COURT REPORTERS. (pr, ) (Entered: 07/06/2004)
07/02/200496 NOTICE OF APPEAL by Birj Deckmejian from 93 Judgment,. Filing fee $ 255.00, receipt number E 513363. Copies of Notice of Appeal mailed to Attorney(s) of Record: US ATTORNEY, SDNY, COURT REPORTERS. (pr, ) (Entered: 07/06/2004)
07/06/2004  Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Birj Deckmejian to US Court of Appeals re: 95 Notice of Appeal - Final Judgment. (pr, ) (Entered: 07/06/2004)
07/06/2004  Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Birj Deckmejian to US Court of Appeals re: 96 Notice of Appeal - Final Judgment. (pr, ) (Entered: 07/06/2004)
07/29/2004  USCA SCHEDULING ORDER as to Birj Deckmejian related to 95 Notice of Appeal - Final Judgment filed by USA, USCA Case Number 04-3771-cr. Roseann B. MacKechnie, Clerk USCA. Certified: 7/21/04. Defendant Brief due by 9/9/2004. Government Brief due by 10/12/2004. Defendant Reply Brief due by 10/26/2004. Appeal Record due by 8/10/2004. (tp, ) (Entered: 07/29/2004)
07/30/200497 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal as to Birj Deckmejian re: 95 Notice of Appeal - Final Judgment USCA Case Number 04-3771-cr, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (pr, ) (Entered: 07/30/2004)
12/17/2004  MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 1:04-cv-9939.) Document filed by Mitchell E. Mosallem. (jw, ) (Entered: 01/03/2005)
04/29/200599 MANDATE of USCA (certified copy) as to Birj Deckmejian re: 95 Notice of Appeal - Final Judgment, 96 Notice of Appeal - Final Judgment; USCA Case Numbers 04-3771-cr, 04-3772-cr. Upon due consideration, it is hereby Ordered, Adjudged and Decreed that the Govt's appeal in No. 04-3771 is DISMISSED, and that the judgment of the District Court in No. 04-3772 is hereby REMANDED for further proceedings consistent with this order.... Accordingly, the Govt's appeal in No. 04-3771 is hereby DISMISSED, and the judgment of the District Court in No. 04-3772 is hereby REMANDED for further proceedings in conformity with Crosby. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 4/19/05. (bw, ) (Entered: 05/04/2005)
04/29/2005  Transmission of USCA Mandate/Order to the District Judge (Griesa, J.) on 5/4/05 re: 99 USCA Mandate - Final Judgment Appeal. (bw, ) (Entered: 05/04/2005)
05/02/200598 ENDORSED LETTER as to Birj Deckmejian addressed to Judge Griesa from George L. Santangelo dated 4/28/05 re: Since the conference regarding that issue was adjourned from May 11 to May 17, please permit counsel to make their submissions on or before May 13. Judge Memo-endorsed...Approved. SO ORDERED. (Signed by Judge Thomas P. Griesa on 4/29/05)(jw, ) (Entered: 05/02/2005)
05/24/2005100 Letter as to Birj Deckmejian, addressed to Judge Griesa, from George L. Santangelo, Atty for the dft, dated 5/12/05, re: ltr in support of Mr. Deckmejian's argument that he should be re-sentenced... (ja, ) (Entered: 05/25/2005)
06/14/2005101 TRANSCRIPT of Proceedings as to Birj Deckmejian held on 5/17/05 before Judge Thomas P. Griesa. (mo, ) (Entered: 06/14/2005)
04/30/2007102 ORDER Of Dismissal as to Mitchell E. Mosallem. On 12/17/04, plaintiff filed a motion under 28 U.S.C. Section 2255. On 4/16/07, the court received the attached correspondence from plaintiff stating that he wishes to withdraw his motion. The court accepts plaintiff's request. The motion is dismissed without prejudice pursuant to F.R.Civ.P. 41(a). So Ordered. (Signed by Judge Thomas P. Griesa on 4/25/07); refer to 04-cv-9939(TPG) also. (bw) (Entered: 04/30/2007)
09/26/2007103 SATISFACTION OF JUDGMENT as to Birj Deckmejian re 93 Judgment in the amount of $186,100.00. Judgment satisfied on 9/26/07. (jw) (Entered: 09/28/2007)
07/29/2008  Payment of restitution from Mitchell E. Mosallem in the amount of $20.00. Date Received: 7/29/08. (mn) (Entered: 07/29/2008)
09/04/2008  Payment of RESTITUTION from Mitchell E. Mosallem in the amount of $58.20. Date Received: 9/3/08. (mn) (Entered: 09/04/2008)
10/07/2008  Payment of Restitution from Mitchell E. Mosallem in the amount of $116.40. Date Received: 10/7/08. (snu) (Entered: 10/07/2008)
11/05/2008  Payment of RESTITUTION from Mitchell E. Mosallem in the amount of $116.40. Date Received: 11/5/08. (mn) (Entered: 11/05/2008)
11/24/2008  Payment of restitution from Mitchell E. Mosallem in the amount of $116.40. Date Received: 11/24/08. (mn) (Entered: 11/24/2008)
11/24/2008  Payment of restitution from Mitchell E. Mosallem in the amount of $116.40. Date Received: 11/24/08. (mn) (Entered: 11/24/2008)
11/24/2008  Payment of restitution from Mitchell E. Mosallem in the amount of $116.40. Date Received: 11/24/08. (mn) (Entered: 11/24/2008)
02/02/2009  Payment of RESTITUTION from Mitchell E. Mosallem in the amount of $116.40. Date Received: 2/2/09. (mn) (Entered: 02/02/2009)
02/02/2009  Payment of RESTITUTION from Mitchell E. Mosallem in the amount of $116.40. Date Received: 2/2/09. (mn) (Entered: 02/02/2009)
02/02/2009  Payment of RESTITUTION from Mitchell E. Mosallem in the amount of $116.40. Date Received: 2/2/09. (mn) (Entered: 02/02/2009)
02/02/2009  Payment of RESTITUTION from Mitchell E. Mosallem in the amount of $116.40. Date Received: 2/2/09. (mn) (Entered: 02/02/2009)
05/11/2009  Payment of restitution from Mitchell E. Mosallem in the amount of $116.40. Date Received: 5/11/09. (mn) (Entered: 05/11/2009)
05/11/2009  Payment of restitution from Mitchell E. Mosallem in the amount of $116.40. Date Received: 5/11/09. (mn) (Entered: 05/11/2009)
05/11/2009  Payment of restitution from Mitchell E. Mosallem in the amount of $116.40. Date Received: 5/11/09. (mn) (Entered: 05/11/2009)
05/18/2009104 MEMORANDUM: As to Mitchell E. Mosallem. This is in response to Mr. Mosallem's letter of May 14, 2009. He will continue to have permission to travel to Mexico on family matters, as he has done previously. However, the request to terminate the two-year Supervised Release term after one year, is denied. Supervised Release in no way interferes with Mr. Mosallem's attempts to care for his daughter. (Signed by Judge Thomas P. Griesa on 5/18/2009)(dnd) (Entered: 05/18/2009)
06/23/2009  Payment of RESTITUTION from Mitchell E. Mosallem in the amount of $300.00. Date Received: 6/23/09. (mn) (Entered: 06/23/2009)
08/04/2009  Payment of RESTITUTION from Mitchell E. Mosallem in the amount of $300.00. Date Received: 8/4/09. (mn) (Entered: 08/04/2009)
09/02/2009  Payment of restitution from Mitchell E. Mosallem in the amount of $300.00. Date Received: 9/1/09. (mn) (Entered: 09/02/2009)
10/13/2009  Payment of RESTITUTION from Mitchell E. Mosallem in the amount of $300.00. Date Received: 10/13/09. (mn) (Entered: 10/13/2009)
11/13/2009  Payment of RESTITUTION from Mitchell E. Mosallem in the amount of $300.00. Date Received: 11/13/09. (mn) (Entered: 11/13/2009)
01/19/2010  Payment of Restitution from Mitchell E. Mosallem in the amount of $300.00. Date Received: 1/19/10. (mn) (Entered: 01/19/2010)
02/09/2010  Payment of Restitution from Mitchell E. Mosallem in the amount of $300.00. Date Received: 2/9/10. (mn) (Entered: 02/09/2010)
03/09/2010  Payment of Restitution from Mitchell E. Mosallem in the amount of $300.00. Date Received: 3/9/10. (mn) (Entered: 03/09/2010)
06/29/2010  Payment of Restitution from Mitchell E. Mosallem in the amount of $40.00. Date Received: 6/29/10. (mn) (Entered: 06/29/2010)
08/24/2010  Payment of Restitution from Mitchell E. Mosallem in the amount of $40.00. Date Received: 8/24/10. (mn) (Entered: 08/24/2010)
12/19/2011105 OPINION:#101168 as to Mitchell E. Mosallem, Haluk K. Ergulec, Birj Deckmejian. It has come to the Court's attention that the above-named criminal defendants have overpaid restitution due under their judgments. In these cases, seven defendants: Haluk Ergulec, Birj Deckmejian, Mitchell Mosallem, John Chessa, Gabriel Casas, Joseph Panaccione, and James Rattobali - were ordered to pay victim Grey Global Group ("Grey Global") a total of $1,386,000. Of this total, $1,089,325 was to be paid individually by four defendants: Ergulec was liable for $914,000; Mossallem for $50,325; Rattobali for $55,000; and Panaccione for $70,000. All these defendants except Mossallem have satisfied their individual restitution liability to Grey Global. Mosallem has thus far paid $4,955 of his individual liability, and he still owes Grey Global $45,370. The remaining $296,675 was paid pursuant to joint and several judgments.... Accordingly, the Court 1) directs the Financial Litigation Unit to provide the Clerk's Office with the final interest accrued on these judgments so that the Clerk's Office can determine the exact extent of the overpayment; 2) directs the victim, Grey Global Group, to refund overpaid monies in the amount of $130,721.98, less accrued interest, to the court; 3) directs the Clerk's Office to issue checks to the overpaying defendants in the amounts listed herein, less accrued interest; and 4) directs the Clerk's Office to notify those defendants who have paid more than their ratable share of joint-and-several liability of their right to file a claim for contribution against co-defendants ordered jointly and severally liable for the same debt. SO ORDERED. (Signed by Judge Thomas P. Griesa on 12/19/2011)(ja) Modified on 12/21/2011 (jab). (Entered: 12/19/2011)