CLOSED_2009, VictimNotify

U.S. DISTRICT COURT
U.S. District Court, Western District of New York (Buffalo)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-00198-WMS-2


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)
Gen-See Capital Corporation
TERMINATED: 10/29/2009
also known as
Gen Unlimited
TERMINATED: 10/29/2009
represented byRichard 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
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)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byGretchen 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
06/08/200914 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)
06/08/200915 WAIVER OF INDICTMENT by Gen-See Capital Corporation (SG) (Entered: 06/08/2009)
06/08/200916 PLEA AGREEMENT as to Richard S. Piccoli, Gen-See Capital Corporation (SG) (Entered: 06/08/2009)
06/08/200917 CORPORATE RESOLUTION by Gen-See Capital Corporation (SG) (Entered: 06/08/2009)
06/08/200918 ACCOUNTING OF ASSETS OF NAMED DEFENDANTS (SG) (Entered: 06/08/2009)
06/08/200919 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)
06/08/200921 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)
06/10/200920 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)
07/20/200926 NOTICE OF ATTORNEY APPEARANCE Richard D. Kaufman appearing for USA. NOTICE OF APPEARANCE (Kaufman, Richard) (Entered: 07/20/2009)
07/21/200927 PETITION by Barbara C. Piccoli re: Preliminary Order of Forfeiture entered 6/9/09 (DZ) (Entered: 07/21/2009)
07/21/200928  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)
08/07/200929 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)
08/07/200930 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)
08/18/200931  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)
08/20/200932 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)
08/27/200933 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)
08/27/200934 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)
09/02/200935 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)
09/02/200936 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)
09/04/200937 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)
09/04/200938 NOTICE by USA as to Richard S. Piccoli, Gen-See Capital Corporation Declaration of Publication (Kaufman, Richard) (Entered: 09/04/2009)
09/16/200939 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)
09/25/200941 STATEMENT WITH RESPECT TO SENTENCING FACTORS by USA as to Gen-See Capital Corporation (Wylegala, Gretchen) (Entered: 09/25/2009)
10/01/200942 PETITION by Lynn M. Piccoli re 21:853(n) (SG) (Entered: 10/01/2009)
10/05/200943 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)
10/20/200944 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)
10/21/200946 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)
10/29/200947 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)
10/30/200949 PRESENTENCE INVESTIGATION REPORT (Sealed) as to Gen-See Capital Corporation (SG) (Entered: 11/03/2009)
10/30/200950 Sealed Document as to Gen-See Capital Corporation. (SG) (Entered: 11/03/2009)
11/03/200953 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)
11/03/200954 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)
11/30/200955  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)
12/01/200959 NOTICE of ATTORNEY APPEARANCE by Chase Home Finance LLC (SG) (Entered: 12/04/2009)
12/01/200960 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)
12/02/200956  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)
12/03/200957 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)
12/03/200958 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)
12/06/200961 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)
12/09/200962 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)
12/13/200963 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)

12/17/200964 Certificate of Service by USA as to Richard S. Piccoli, Gen-See Capital Corporation (Kaufman, Richard) (Entered: 12/17/2009)
12/17/200965 Certificate of Service by USA as to Richard S. Piccoli, Gen-See Capital Corporation (Kaufman, Richard) (Entered: 12/17/2009)
12/23/200966  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)
12/23/200967 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)
12/23/200968 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)
01/19/201071 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)
01/28/201072 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)
01/28/201073 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)
01/28/201074 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)
01/29/201075 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)
03/12/201076 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)
03/23/201077 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)
04/02/201078 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)
04/07/201079 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)
05/03/201080 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)
10/18/201087 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)
04/27/201189 NOTICE by USA as to Richard S. Piccoli, Gen-See Capital Corporation Release (Kaufman, Richard) (Entered: 04/27/2011)