| CLOSED_2009, VictimNotify |
Case title: USA v. Piccoli et al |
Date Filed: 06/08/2009 Date Terminated: 10/29/2009 |
| Assigned to: Hon. William M. Skretny | ||
Defendant (2) |
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Gen-See Capital Corporation
TERMINATED: 10/29/2009 also known as Gen Unlimited TERMINATED: 10/29/2009 |
represented by | Richard T. Sullivan
Harris Beach LLP Larkin at Exchange 726 Exchange Street Suite 1000 Buffalo, NY 14210 716-200-5050 Fax: 716-200-5215 Email: rsullivan@harrisbeach.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Joel L. Daniels 107 Delaware Avenue Suite 1366 Buffalo, NY 14202 716-856-5140 Fax: 716-856-3106 Email: jdaniels38@aol.com ATTORNEY TO BE NOTICED |
Pending Counts |
Disposition |
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| 18:1341.F FRAUDS AND SWINDLES (1) |
The Defendant is sentenced to a 1 year term of probation. Conditions of Probation are as detailed in minute entry of 10/21/2009. $400.00 Special Assessment imposed. Restitution imposed to the identified victims in an amount to be determined. Restitution will be joint and several with Richard S. Piccoli. $50,000 fine imposed and remitted. | |
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
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| None | ||
Highest Offense Level (Terminated) |
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| None | ||
Complaints |
Disposition |
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| None |
Plaintiff |
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| USA | represented by | Gretchen L. Wylegala
U.S. Attorney's Office Federal Centre 138 Delaware Avenue Buffalo, NY 14202 716-843-5822 Fax: 716-551-3052 Email: gretchen.wylegala@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard D. Kaufman U.S. Attorney's Office Federal Centre 138 Delaware Avenue Buffalo, NY 14202 716-843-5871 Fax: 716-551-5563 Email: richard.kaufman@usdoj.gov ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/08/2009 | 14 | INFORMATION as to Richard S. Piccoli (1) count(s) 1, 2, Gen-See Capital Corporation (2) count(s) 1. (SG) (Entered: 06/08/2009) |
| 06/08/2009 | Initial Appearance as to Gen-See Capital Corporation (SG) (Entered: 06/08/2009) | |
| 06/08/2009 | 15 | WAIVER OF INDICTMENT by Gen-See Capital Corporation (SG) (Entered: 06/08/2009) |
| 06/08/2009 | 16 | PLEA AGREEMENT as to Richard S. Piccoli, Gen-See Capital Corporation (SG) (Entered: 06/08/2009) |
| 06/08/2009 | 17 | CORPORATE RESOLUTION by Gen-See Capital Corporation (SG) (Entered: 06/08/2009) |
| 06/08/2009 | 18 | ACCOUNTING OF ASSETS OF NAMED DEFENDANTS (SG) (Entered: 06/08/2009) |
| 06/08/2009 | 19 | OPNINION Letter OF COUNSEL from Richard T. Sullivan, dated 6/5/09, to Judge Skretny (SG) Modified on 6/9/2009 (SG). (Entered: 06/08/2009) |
| 06/08/2009 | 21 | Minute Entry for proceedings held before William M. Skretny U.S.D.J.:Waiver of Indictment and Plea as to Richard S. Piccoli, Gen-See Capital Corporation held on 6/8/2009. Waiver of Indictment and Plea Agreement entered into and accepted by the Court. Defendant Richard S. Piccoli pled guilty to a 2 Count Felony Information. Defendant Gen-See Capital Corporation (by Richard S. Piccoli) pled guilty to Count 2 of a 2 Count Felony Information. Guilty pleas accepted by the Court. Sentencing is scheduled for 10/21/2009 at 2:00 PM before William M. Skretny U.S.D.J. Defendant released pending sentencing on same terms and conditions. For the govt. - Gretchen Wylegala, Richard Kaufman. For the deft. Richard S. Piccoli - Joel Daniels. For the deft. - Gen-See Capital Corporation - Richard Sullivan. (Court Reporter Betsy Black Jack W. Hunt & Associates, Inc.)(MEAL) (Entered: 06/19/2009) |
| 06/10/2009 | 20 | PRELIMINARY ORDER OF FORFEITURE as to Richard S. Piccoli and Gen-See Capital Corporation. Signed by Judge William M. Skretny on 6/9/2009.(JCD) (Entered: 06/10/2009) |
| 07/01/2009 | E-Filing Notification: 22 Document filed in error. Please disregard entry. Modified on 7/1/2009 (JCD). (JCD) (Entered: 07/01/2009) | |
| 07/20/2009 | 26 | NOTICE OF ATTORNEY APPEARANCE Richard D. Kaufman appearing for USA. NOTICE OF APPEARANCE (Kaufman, Richard) (Entered: 07/20/2009) |
| 07/21/2009 | 27 | PETITION by Barbara C. Piccoli re: Preliminary Order of Forfeiture entered 6/9/09 (DZ) (Entered: 07/21/2009) |
| 07/21/2009 | 28 | MOTION Motion Under Fed. R. Crim. P. 32.2 (c) (1) (B) for an Order Authorizing Discovery by USA as to Richard S. Piccoli, Gen-See Capital Corporation. (Kaufman, Richard) (Entered: 07/21/2009) |
| 08/07/2009 | 29 | TEXT SCHEDULING ORDER as to Richard S. Piccoli, Gen-See Capital Corporation on the Government's 28 Motion for Discovery. Response due by 8/17/2009. Reply due by 8/24/2009. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 8/2/2009.(MEAL) (Entered: 08/07/2009) |
| 08/07/2009 | 30 | TEXT ORDER. IT HEREBY IS ORDERED that the 24 25 Motions for Pro Hac Vice Admission of Rory Weiner and Judith Lambert are GRANTED, subject to the payment of the requisite fee; FURTHER, that counsel shall retain local counsel as required by Local Rule 83.2(a), good cause having not been demonstrated for waiver of that requirement. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 8/3/2009.(MEAL) (Entered: 08/07/2009) |
| 08/18/2009 | 31 | MOTION for Extension of Time to File Response/Reply as to 28 MOTION by Richard J. Piccoli as to Richard S. Piccoli, Gen-See Capital Corporation. (SG) (Entered: 08/18/2009) |
| 08/20/2009 | 32 | RESPONSE to Motion by USA as to Richard S. Piccoli, Gen-See Capital Corporation re 31 MOTION for Extension of Time to File Response/Reply as to 28 MOTION (Kaufman, Richard) (Entered: 08/20/2009) |
| 08/27/2009 | 33 | TEXT ORDER. The 31 Motion for Extension of Time to Respond to the Government's Motion for Discovery is GRANTED. Response is now due by 8/27/2009. Reply is now due by 9/3/2009. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 8/25/2009.(MEAL) (Entered: 08/27/2009) |
| 08/27/2009 | 34 | RESPONSE to Motion by Richard J. Piccoli as to Richard S. Piccoli, Gen-See Capital Corporation re 28 MOTION for an Order Authorizing Discovery (Weiner, Rory) (Entered: 08/27/2009) |
| 08/28/2009 | Pro Hac Vice Filing Fee: $150.00 Receipt No. 14209 for Judith Lambert and Rory Weiner (SG) (Entered: 08/28/2009) | |
| 09/02/2009 | 35 | REPLY TO RESPONSE to Motion by USA as to Richard S. Piccoli, Gen-See Capital Corporation re 28 MOTION Motion Under Fed. R. Crim. P. 32.2 (c) (1) (B) for an Order Authorizing Discovery Reply to Petitioner Richard J. Piccoli's Response to Government's Motion for an Order Authorizing Discovery (Kaufman, Richard) (Entered: 09/02/2009) |
| 09/02/2009 | 36 | NOTICE by Richard J. Piccoli as to Richard S. Piccoli, Gen-See Capital Corporation Notice of Appearance as local counsel for Richard J. Piccoli (Harrington, James) (Entered: 09/02/2009) |
| 09/04/2009 | 37 | ORDER as to Richard S. Piccoli, Gen-See Capital Corporation GRANTING the Government's 28 Motion for Discovery. Signed by William M. Skretny U.S.D.J. on 9/1/2009.(MEAL) (Entered: 09/04/2009) |
| 09/04/2009 | 38 | NOTICE by USA as to Richard S. Piccoli, Gen-See Capital Corporation Declaration of Publication (Kaufman, Richard) (Entered: 09/04/2009) |
| 09/16/2009 | 39 | NOTICE as to Richard S. Piccoli, Gen-See Capital Corporation. The TIME of the Sentencing scheduled for 10/21/2009 before William M. Skretny U.S.D.J. has been CHANGED. Sentencing will now take place at 11:00 a.m.. (MEAL) (Entered: 09/16/2009) |
| 09/25/2009 | 41 | STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to Gen-See Capital Corporation (Wylegala, Gretchen) (Entered: 09/25/2009) |
| 10/01/2009 | 42 | PETITION by Lynn M. Piccoli re 21:853(n) (SG) (Entered: 10/01/2009) |
| 10/05/2009 | 43 | SENTENCING MEMORANDUM by Richard S. Piccoli as to Richard S. Piccoli, Gen-See Capital Corporation (Attachments: # 1 Exhibit Letters Submitted on Behalf of Richard Piccoli, # 2 Exhibit Accounting of Assets)(Daniels, Joel) (Entered: 10/05/2009) |
| 10/20/2009 | 44 | NOTICE by USA as to Richard S. Piccoli, Gen-See Capital Corporation Stipulation for Settlement of Petitioner Barbara C. Piccoli's Claims in Ancillary Proceeding (Kaufman, Richard) (Entered: 10/20/2009) |
| 10/21/2009 | 46 | Minute Entry for proceedings held before William M. Skretny U.S.D.J.:Sentencing held on 10/21/2009 for Gen-See Capital Corporation on One Count Felony Information. Presentence report to be sealed - - will be made available to counsel for appeal purposes only. The probation department's recommendation section which is a part of said presentence report will be kept under separate seal and will not be accessible to counsel. The defendant is sentenced to a 1 year term of probation. While on probation the defendant shall abide by the following conditions: The defendant shall not commit another federal, state or local crimes. Restitution imposed to the identified victims in an amount to be determined. The restitution is due immediately. Interest on the restitution is waived. Restitution will be joint and several with Richard S. Piccoli. Drug testing waived. Forfeiture imposed pursuant to terms of plea agreement. $50,000 fine imposed and remitted. $400 Special Assessment Imposed. For the govt. - Gretchen Wylegala. For the deft. - Richard Sullivan. For prob. - Michael Quarantillo. (Court Reporter Michelle McLaughlin.)(MEAL) Modified on 10/27/2009 to include Special Assessment (SG). (Entered: 10/26/2009) |
| 10/27/2009 | E-Filing Notification: 46 Minute Entry for proceedings held before William M. Skretny U.S.D.J.:Sentencing held on 10/21/2009 for Gen-See Capital Corporation on One Count Felony Information. $400 Special Assessment Imposed. Modified on 10/27/2009 to include Special Assessment (SG). (SG) (Entered: 10/27/2009) | |
| 10/29/2009 | 47 | JUDGMENT as to Gen-See Capital Corporation (2), Count(s) 1. Additional certified copies forwarded to USPO, USM, US Attorney, Debt Collection, Financial Department.. Signed by Hon. William M. Skretny on 10/29/09.(JDK) (Entered: 10/30/2009) |
| 10/30/2009 | 49 | PRESENTENCE INVESTIGATION REPORT (Sealed) as to Gen-See Capital Corporation (SG) (Entered: 11/03/2009) |
| 10/30/2009 | 50 | Sealed Document as to Gen-See Capital Corporation. (SG) (Entered: 11/03/2009) |
| 11/03/2009 | 53 | PARTIAL FINAL ORDER OF FOREFEITURE as to Richard S. Piccoli, and Gen-See Capital Corporation. Signed by Judge William M. Skretny on 10/30/2009.(JCD) (Entered: 11/03/2009) |
| 11/03/2009 | 54 | SECOND PARTIAL FINAL ORDER OF FOREFEITURE regarding Petitioner Barbara C. Piccoli's Claims in Ancillary Proceeding. Signed by Judge William M. Skretny on 10/29/2009.(JCD) (Entered: 11/03/2009) |
| 11/30/2009 | 55 | MOTION File Late Notice of Appeal by Richard S. Piccoli, Gen-See Capital Corporation. (Attachments: # 1 Exhibit Judgment, # 2 Exhibit Notice of Appeal)(Daniels, Joel) (Entered: 11/30/2009) |
| 11/30/2009 | E-Filing Notification: Document to be refiled re: 55 MOTION File Late Notice of Appeal. (DR) (Entered: 12/02/2009) | |
| 12/01/2009 | 59 | NOTICE of ATTORNEY APPEARANCE by Chase Home Finance LLC (SG) (Entered: 12/04/2009) |
| 12/01/2009 | 60 | PETITION by Chase Home Finance LLC under 21:853(n) relating to its pre-existing, secured mortgage interest in property as an innocent owner (SG) (Entered: 12/04/2009) |
| 12/02/2009 | 56 | MOTION File Late Notice of Appeal by Richard S. Piccoli, Gen-See Capital Corporation. (Attachments: # 1 Exhibit Judgment, # 2 Exhibit Notice of Appeal)(Daniels, Joel) (Entered: 12/02/2009) |
| 12/03/2009 | 57 | MEMORANDUM IN OPPOSITION re 56 MOTION File Late Notice of Appeal MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO PERMIT LATE FILING OF NOTICE OF APPEAL by USA as to Richard S. Piccoli, Gen-See Capital Corporation (Attachments: # 1 Exhibit A)(Wylegala, Gretchen) (Entered: 12/03/2009) |
| 12/03/2009 | 58 | Amended MOTION File Late Notice of Appeal by Richard S. Piccoli, Gen-See Capital Corporation. (Attachments: # 1 Exhibit Judgment, # 2 Exhibit Notice of Appeal)(Daniels, Joel) (Entered: 12/03/2009) |
| 12/06/2009 | 61 | TEXT SCHEDULING ORDER as to Richard S. Piccoli, Gen-See Capital Corporation on Defendants' 58 Motion to file a Late Notice of Appeal. The Government having filed its response on 12/3/2009, the Defendants' reply is due on 12/11/2009. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 12/4/2009.(MEAL) (Entered: 12/06/2009) |
| 12/09/2009 | 62 | REPLY TO RESPONSE to Motion by Richard S. Piccoli, Gen-See Capital Corporation re 56 MOTION File Late Notice of Appeal, 58 MOTION File Late Notice of Appeal (Daniels, Joel) (Entered: 12/09/2009) |
| 12/13/2009 | 63 | TEXT ORDER as to Richard S. Piccoli, Gen-See Capital Corporation. Presently before this Court is Defendant's 58 Amended Motion to File a Late Notice of Appeal, pursuant to Rule 4(b)(4) of the Federal Rules of Appellate Procedure. Rule 4(b)(4) permits the district court to extend the time to file a notice of appeal upon a finding of excusable neglect or good cause. An extension under this rule cannot exceed 30 days from the expiration of the time otherwise prescribed, which in criminal cases, is now 14 days from the entry of judgment. See Fed. R. App. P. 4(b)(1)(A). Defendant concedes that he instructed his attorney not to file a Notice of Appeal at the time he was sentenced. He has now changed his mind and would like to have his sentence reviewed by the Court of Appeals, despite acknowledging that he waived his right to appeal any sentence falling within the Advisory Guideline range, which his sentence did. Nonetheless, Defendant argues that his age (83) and distress at the time of sentencing should excuse his failure to file a timely Notice of Appeal. This Court disagrees. No excusable neglect is present here, as Defendant made a conscious decision to instruct his attorney not to file a Notice of Appeal. Moreover, Defendants change of mind does not constitute good cause for the delay. There being no valid basis upon which to grant an extension, Defendants 58 Motion to File a Late Notice of Appeal is DENIED. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 12/10/2009. (MEAL) (Entered: 12/13/2009) |
| 12/17/2009 | 64 | Certificate of Service by USA as to Richard S. Piccoli, Gen-See Capital Corporation (Kaufman, Richard) (Entered: 12/17/2009) |
| 12/17/2009 | 65 | Certificate of Service by USA as to Richard S. Piccoli, Gen-See Capital Corporation (Kaufman, Richard) (Entered: 12/17/2009) |
| 12/23/2009 | 66 | MOTION to Dismiss Notice of Motion and Motion to Dismiss Petition of Richard J. Piccoli or in the Alternative for Summary Judgment for the United States by USA as to Richard S. Piccoli, Gen-See Capital Corporation. (Kaufman, Richard) (Entered: 12/23/2009) |
| 12/23/2009 | 67 | MEMORANDUM/BRIEF Statement of Material Facts Required by Local Rule 56.1 by USA as to Richard S. Piccoli, Gen-See Capital Corporation (Kaufman, Richard) (Entered: 12/23/2009) |
| 12/23/2009 | 68 | MEMORANDUM IN SUPPORT Memorandum of Law in Support of Motion to Dismiss Petitioner's Claim by USA as to Richard S. Piccoli, Gen-See Capital Corporation (Kaufman, Richard) (Entered: 12/23/2009) |
| 01/19/2010 | 71 | Joint MOTION for Extension of Time to File Response/Reply as to 66 MOTION to Dismiss Stipulation by Richard J. Piccoli as to Richard S. Piccoli, Gen-See Capital Corporation. (Weiner, Rory) (Entered: 01/19/2010) |
| 01/28/2010 | 72 | TEXT ORDER as to Richard S. Piccoli, Gen-See Capital Corporation. The 71 Stipulation for Extension of Time for Petitioner to Respond to Plaintiff's Motion to Dismiss and Motion for Summary Judgment is HEREBY SO ORDERED. Time is extended to and including 2/22/2010. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 1/27/2010.(MEAL) (Entered: 01/28/2010) |
| 01/28/2010 | 73 | STIPULATION for Settlement of Petitioner Richard J. Piccoli's Claims in Ancillary Proceeding by USA as to Richard S. Piccoli, Gen-See Capital Corporation. (Kaufman, Richard) Modified title on 1/29/2010 (SG). (Entered: 01/28/2010) |
| 01/28/2010 | 74 | STIPULATION by USA as to Richard S. Piccoli, Gen-See Capital Corporation. (Kaufman, Richard) Modified TITLE on 1/29/2010 (SG). (Entered: 01/28/2010) |
| 01/29/2010 | E-Filing Notification: Incorrect event used to electronically file document. Document title modified and documents terminated as motions For future reference, use (Notice (Other)) event. No action required. 73 MOTION, 74 MOTION (SG) (Entered: 01/29/2010) | |
| 01/29/2010 | 75 | Minute Entry for proceedings held before William M. Skretny, Chief Judge: Status Conference held on 1/29/2009. Court updated as to properties. An additional Status Conference is set for 5/3/2010 at 9:00 AM before William M. Skretny, Chief Judge. For the pltf. - Richard Kaufman. For claimant Chase Bank - Timothy Hoover. Claimant Lynn Piccoli-Moore, pro se. (Court Reporter Michelle McLaughlin.) (MEAL) (Entered: 02/04/2010) |
| 03/12/2010 | 76 | THIRD PARTIAL FINAL ORDER OF FORFEITURE as to Richard S. Piccoli and Gen-See Capital Corporation. Signed by Judge William M. Skretny on 3/12/2010.(JCD) (Entered: 03/12/2010) |
| 03/23/2010 | 77 | NOTICE by USA as to Richard S. Piccoli, Gen-See Capital Corporation Stipulation as to Petitioner Chase Home Finance, LLC's Interest (Kaufman, Richard) (Entered: 03/23/2010) |
| 04/02/2010 | 78 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PLEA as to Richard S. Piccoli, Gen-See Capital Corporation held on 6/8/09 before Chief District Judge Skretny. Court Reporter/Transcriber Mary E. Black, Telephone number 716-853-5600. 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 4/23/2010. Redacted Transcript Deadline set for 5/3/2010. Release of Transcript Restriction set for 7/1/2010. (SG) (Entered: 04/02/2010) |
| 04/07/2010 | 79 | FOURTH AND FINAL ORDER OF FORFEITURE as to Richard S. Piccoli, and Gen-See Capital Corporation. Signed by Chief Judge William M. Skretny on 4/5/2010.(JCD) (Entered: 04/07/2010) |
| 05/03/2010 | 80 | Minute Entry for proceedings held before Hon. William M. Skretny: Status Conference as to Richard S. Piccoli, Gen-See Capital Corporation held on 5/3/2010. Court updated as to properties. Sale of properties progressing. Government moves to dismiss civil complaint with prejudice in 09-CV-551S pursuant to Federal Rule of Civil Procedure 41(a)(2). Court grants same for the reasons stated on the record. For the govt. - Richard Kaufman. (Court Reporter Michelle McLaughlin.) (MEAL) (Entered: 05/06/2010) |
| 10/18/2010 | 87 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Richard S. Piccoli, Gen-See Capital Corporation held on 10/21/09 before Judge Skretny. Court Reporter/Transcriber Michelle L. McLaughlin, RPR, Telephone number 716-332-3560. 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 11/5/2010. Redacted Transcript Deadline set for 11/15/2010. Release of Transcript Restriction set for 1/13/2011. (SG) (Entered: 10/18/2010) |
| 04/27/2011 | 89 | NOTICE by USA as to Richard S. Piccoli, Gen-See Capital Corporation Release (Kaufman, Richard) (Entered: 04/27/2011) |