CLOSED,MJSELECT

U.S. District Court
Eastern District of New York (Central Islip)
CRIMINAL DOCKET FOR CASE #: 2:02-cr-00485-ADS All Defendants


Case title: USA v. Schlesinger

Date Filed: 04/24/2002
Date Terminated: 08/04/2006

Assigned to: Judge Arthur D. Spatt

Defendant (1)
Nat Schlesinger
TERMINATED: 08/04/2006
also known as
Naftule Schlesinger
TERMINATED: 08/04/2006
also known as
Zvi Pollack
TERMINATED: 08/04/2006
represented byBenjamin Brafman
Brafman & Ross, P.C.
767 Third Avenue
26th Floor
New York, NY 10017
(212) 750-7800
Fax: (212) 750-3906
Email: bbrafman@braflaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Douglas T. Burns
Shaw Licitra Gulotta Esernio & Schwartz PC
1475 Franklin Avenue
Garden City, NY 11530
(516) 742-0610 x1213
Fax: (516) 742-2670
Email: dburns@shaw-licitra.com
TERMINATED: 05/11/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

George A. Stamboulidis
Baker & Hostetler LLP
45 Rockefeller Plaza
New York, NY 10111
212-589-4200
Fax: 212-589-4201
Email: gstamboulidis@bakerlaw.com
LEAD ATTORNEY

Jeremy L Gutman
233 Broadway
Suite 2707
New York, NY 10279
212-644-5200
Fax: 212-732-8486
Email: jeremygutm@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Randy Scott Zelin
Moritt, Hock & Hamroff, LLP
400 Garden City Plaza
Suite 202
Garden City, NY 11530
516-873-2000
Fax: 516-873-2010
Email: rzelin@moritthock.com
TERMINATED: 05/11/2006
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Adrian L. DiLuzio
200 Old Country Road
Suite 590
Mineola, NY 11501
516-248-8930
Fax: 516-248-8281
Email: aldiluzio@msn.com
ATTORNEY TO BE NOTICED
Designation: Retained

Herald Price Fahringer
Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, LLP
780 Third Avenue, 32nd Floor
New York, NY 10017
212-319-5351
Fax: 212-319-6657
Email: dubnoe@aol.com
ATTORNEY TO BE NOTICED

Michael L. Soshnick
190 Willis Avenue
Suite 112
Mineola, NY 11501
516-294-1111
Fax: 516-294-5465
Email: msoshnick@optonline.net
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:371 and 3551 et seq. CONSPIRACY TO DEFRAUD THE UNITED STATES; 18:981(a)(1)(C); 21:853(p); 28:2461(c) FORFEITURE ALLEGATION AS TO COUNT 1
(1s)
IMPRISONMENT: Count 1 - Sixty (60) Months Concurrent with All Counts Except Count 21. Count 16 - Sixty (60) Months (60) Months Concurrent with all Counts Except 21. Count 22 - Sixty (60) Months Concurrent with all Counts except Count 21. Counts 2-15, 17-20, 23, 24, 26-30, 33 and 34 - Sixty (60) Months Concurrent on each Count except Count 21. Count 21 - Mandatory One Hundred (120) Months Consecutive to all other Counts. SUPERVISED RELEASE: Three (3) Years on each Count to run Concurrently. RESTITUTION: $7,525,566.60 as to Counts 1, 22 and 25. The defendant is subject to this Court's Memorandum of Decision and Order dated 10/7/05 attached to this Judgment and Conviction Order. The defendant shall comply with the Restitution and Forfeiture Orders. SPECIAL ASSESSMENT: $3,200.00.
18:1341, 2 and 3551 et seq. FRAUDS AND SWINDLES; 18:981(a)(1)(C), 21:853(p), 28:2461(c) Forfeiture allegation as to counts 2-15, 23-24
(2s-15s)
IMPRISONMENT: Count 1 - Sixty (60) Months Concurrent with All Counts Except Count 21. Count 16 - Sixty (60) Months (60) Months Concurrent with all Counts Except 21. Count 22 - Sixty (60) Months Concurrent with all Counts except Count 21. Counts 2-15, 17-20, 23, 24, 26-30, 33 and 34 - Sixty (60) Months Concurrent on each Count except Count 21. Count 21 - Mandatory One Hundred (120) Months Consecutive to all other Counts. SUPERVISED RELEASE: Three (3) Years on each Count to run Concurrently. RESTITUTION: $7,525,566.60 as to Counts 1, 22 and 25. The defendant is subject to this Court's Memorandum of Decision and Order dated 10/7/05 attached to this Judgment and Conviction Order. The defendant shall comply with the Restitution and Forfeiture Orders. SPECIAL ASSESSMENT: $3,200.00.
18:1956(h) and 3551 et seq. MONEY LAUNDERING - POSTAL, INTERSTATE WIRE, RADIO, ETC.; 18:982(a)(1) and 982(b); 21:853(p) FORFEITURE ALLEGATION AS TO COUNT 16
(16s)
IMPRISONMENT: Count 1 - Sixty (60) Months Concurrent with All Counts Except Count 21. Count 16 - Sixty (60) Months (60) Months Concurrent with all Counts Except 21. Count 22 - Sixty (60) Months Concurrent with all Counts except Count 21. Counts 2-15, 17-20, 23, 24, 26-30, 33 and 34 - Sixty (60) Months Concurrent on each Count except Count 21. Count 21 - Mandatory One Hundred (120) Months Consecutive to all other Counts. SUPERVISED RELEASE: Three (3) Years on each Count to run Concurrently. RESTITUTION: $7,525,566.60 as to Counts 1, 22 and 25. The defendant is subject to this Court's Memorandum of Decision and Order dated 10/7/05 attached to this Judgment and Conviction Order. The defendant shall comply with the Restitution and Forfeiture Orders. SPECIAL ASSESSMENT: $3,200.00.
18:1957(a), 1957(b)(1), 2 and 3551 et seq. POSTAL, INTERSTATE WIRE, RADIO, ETC.; 18:982(a)(1) and 982(b); 21:853(p) FORFEITURE ALLEGATION AS TO COUNTS 17-19, 32-34
(17s-19s)
IMPRISONMENT: Count 1 - Sixty (60) Months Concurrent with All Counts Except Count 21. Count 16 - Sixty (60) Months (60) Months Concurrent with all Counts Except 21. Count 22 - Sixty (60) Months Concurrent with all Counts except Count 21. Counts 2-15, 17-20, 23, 24, 26-30, 33 and 34 - Sixty (60) Months Concurrent on each Count except Count 21. Count 21 - Mandatory One Hundred (120) Months Consecutive to all other Counts. SUPERVISED RELEASE: Three (3) Years on each Count to run Concurrently. RESTITUTION: $7,525,566.60 as to Counts 1, 22 and 25. The defendant is subject to this Court's Memorandum of Decision and Order dated 10/7/05 attached to this Judgment and Conviction Order. The defendant shall comply with the Restitution and Forfeiture Orders. SPECIAL ASSESSMENT: $3,200.00.
18:844(i), 2 and 3551 et seq. PENALTIES - IF DEATH RESULTS
(20s)
IMPRISONMENT: Count 1 - Sixty (60) Months Concurrent with All Counts Except Count 21. Count 16 - Sixty (60) Months (60) Months Concurrent with all Counts Except 21. Count 22 - Sixty (60) Months Concurrent with all Counts except Count 21. Counts 2-15, 17-20, 23, 24, 26-30, 33 and 34 - Sixty (60) Months Concurrent on each Count except Count 21. Count 21 - Mandatory One Hundred (120) Months Consecutive to all other Counts. SUPERVISED RELEASE: Three (3) Years on each Count to run Concurrently. RESTITUTION: $7,525,566.60 as to Counts 1, 22 and 25. The defendant is subject to this Court's Memorandum of Decision and Order dated 10/7/05 attached to this Judgment and Conviction Order. The defendant shall comply with the Restitution and Forfeiture Orders. SPECIAL ASSESSMENT: $3,200.00.
18:844(h)(1), 2 and 3551 et seq. EXPLOSIVES USED IN COMMISSION OF FELONY
(21s)
IMPRISONMENT: Count 1 - Sixty (60) Months Concurrent with All Counts Except Count 21. Count 16 - Sixty (60) Months (60) Months Concurrent with all Counts Except 21. Count 22 - Sixty (60) Months Concurrent with all Counts except Count 21. Counts 2-15, 17-20, 23, 24, 26-30, 33 and 34 - Sixty (60) Months Concurrent on each Count except Count 21. Count 21 - Mandatory One Hundred (120) Months Consecutive to all other Counts. SUPERVISED RELEASE: Three (3) Years on each Count to run Concurrently. RESTITUTION: $7,525,566.60 as to Counts 1, 22 and 25. The defendant is subject to this Court's Memorandum of Decision and Order dated 10/7/05 attached to this Judgment and Conviction Order. The defendant shall comply with the Restitution and Forfeiture Orders. SPECIAL ASSESSMENT: $3,200.00.
18:371 and 3551 et seq. CONSPIRACY TO DEFRAUD THE UNITED STATES; 18:981(a)(1)(C); 21:853(p); 28:2461(c) FORFEITURE ALLEGATION AS TO COUNT 22.
(22s)
IMPRISONMENT: Count 1 - Sixty (60) Months Concurrent with All Counts Except Count 21. Count 16 - Sixty (60) Months (60) Months Concurrent with all Counts Except 21. Count 22 - Sixty (60) Months Concurrent with all Counts except Count 21. Counts 2-15, 17-20, 23, 24, 26-30, 33 and 34 - Sixty (60) Months Concurrent on each Count except Count 21. Count 21 - Mandatory One Hundred (120) Months Consecutive to all other Counts. SUPERVISED RELEASE: Three (3) Years on each Count to run Concurrently. RESTITUTION: $7,525,566.60 as to Counts 1, 22 and 25. The defendant is subject to this Court's Memorandum of Decision and Order dated 10/7/05 attached to this Judgment and Conviction Order. The defendant shall comply with the Restitution and Forfeiture Orders. SPECIAL ASSESSMENT: $3,200.00.
18:1341, 2 and 3551 et seq. FRAUDS AND SWINDLES; 18:981(a)(1)(C), 21:853(p), 28:2461(c) Forfeiture allegation as to counts 2-15, 23-24
(23s-24s)
IMPRISONMENT: Count 1 - Sixty (60) Months Concurrent with All Counts Except Count 21. Count 16 - Sixty (60) Months (60) Months Concurrent with all Counts Except 21. Count 22 - Sixty (60) Months Concurrent with all Counts except Count 21. Counts 2-15, 17-20, 23, 24, 26-30, 33 and 34 - Sixty (60) Months Concurrent on each Count except Count 21. Count 21 - Mandatory One Hundred (120) Months Consecutive to all other Counts. SUPERVISED RELEASE: Three (3) Years on each Count to run Concurrently. RESTITUTION: $7,525,566.60 as to Counts 1, 22 and 25. The defendant is subject to this Court's Memorandum of Decision and Order dated 10/7/05 attached to this Judgment and Conviction Order. The defendant shall comply with the Restitution and Forfeiture Orders. SPECIAL ASSESSMENT: $3,200.00.
18:371 and 3551 et seq. CONSPIRACY TO DEFRAUD THE UNITED STATES
(25s)
IMPRISONMENT: Count 1 - Sixty (60) Months Concurrent with All Counts Except Count 21. Count 16 - Sixty (60) Months (60) Months Concurrent with all Counts Except 21. Count 22 - Sixty (60) Monthsk Concurrent with all Counts except Count 21. Counts 2-15, 17-20, 23, 24, 26-30, 33 and 34 - Sixty (60) Months Concurrent on each Count except Count 21. Count 21 - Mandatory One Hundred (120) Months Consecutive to all other Counts. SUPERVISED RELEASE: Three (3) Years on each Count to run Concurrently. RESTITUTION: $7,525,566.60 as to Counts 1, 22 and 25. The defendant is subject to this Court's Memorandum of Decision and Order dated 10/7/05 attached to this Judgment and Conviction Order. The defendant shall comply with the Restitution and Forfeiture Orders. SPECIAL ASSESSMENT: $3,200.00.
18:1341, 2 and 3551 et seq. FRAUDS AND SWINDLES; 18:981(a)(1)(C), 21:853(p), 28:2461(c) FORFEITURE ALLEGATION AS TO COUNTS 26-31.
(26s-30s)
IMPRISONMENT: Count 1 - Sixty (60) Months Concurrent with All Counts Except Count 21. Count 16 - Sixty (60) Months (60) Months Concurrent with all Counts Except 21. Count 22 - Sixty (60) Months Concurrent with all Counts except Count 21. Counts 2-15, 17-20, 23, 24, 26-30, 33 and 34 - Sixty (60) Months Concurrent on each Count except Count 21. Count 21 - Mandatory One Hundred (120) Months Consecutive to all other Counts. SUPERVISED RELEASE: Three (3) Years on each Count to run Concurrently. RESTITUTION: $7,525,566.60 as to Counts 1, 22 and 25. The defendant is subject to this Court's Memorandum of Decision and Order dated 10/7/05 attached to this Judgment and Conviction Order. The defendant shall comply with the Restitution and Forfeiture Orders. SPECIAL ASSESSMENT: $3,200.00.
18:1957(a), 1957(b)(1), 2 and 3551 et seq. POSTAL, INTERSTATE WIRE, RADIO, ETC.; 18:982(a)(1) and 982(b); 21:853(p) FORFEITURE ALLEGATION AS TO COUNTS 17-19, 32-34
(33s-34s)
Counts and Underlying Indictments are dismissed on the motion of the United States.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1341, 2 and 3551 et seq. FRAUDS AND SWINDLES
(1-14)
Count(s) 31 and the Underlying Indictment are dismissed on the motion of the United States.
18:1343, 2 and 3551 et seq. FRAUD BY WIRE, RADIO, OR TELEVISION
(15-17)
Counts and Underlying Indictments are dismissed on the motion of the United States.
18:1341, 2 and 3551 et seq. FRAUDS AND SWINDLES; 18:981(a)(1)(C), 21:853(p), 28:2461(c) FORFEITURE ALLEGATION AS TO COUNTS 26-31.
(31s)
Counts and Underlying Indictments are dismissed on the motion of the United States.
18:1957(a), 1957(b)(1), 2 and 3551 et seq. POSTAL, INTERSTATE WIRE, RADIO, ETC.; 18:982(a)(1) and 982(b); 21:853(p) FORFEITURE ALLEGATION AS TO COUNTS 17-19, 32-34
(32s)
IMPRISONMENT: Count 1 - Sixty (60) Months Concurrent with All Counts Except Count 21. Count 16 - Sixty (60) Months (60) Months Concurrent with all Counts Except 21. Count 22 - Sixty (60) Months Concurrent with all Counts except Count 21. Counts 2-15, 17-20, 23, 24, 26-30, 33 and 34 - Sixty (60) Months Concurrent on each Count except Count 21. Count 21 - Mandatory One Hundred (120) Months Consecutive to all other Counts. SUPERVISED RELEASE: Three (3) Years on each Count to run Concurrently. RESTITUTION: $7,525,566.60 as to Counts 1, 22 and 25. The defendant is subject to this Court's Memorandum of Decision and Order dated 10/7/05 attached to this Judgment and Conviction Order. The defendant shall comply with the Restitution and Forfeiture Orders. SPECIAL ASSESSMENT: $3,200.00.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Arthur D. Spatt

Defendant (2)
Herman Niederman
TERMINATED: 10/26/2005
represented byDaniel J. Ollen
Law Office of Daniel J. Ollen
The Trump Building
40 Wall Street
New York, NY 10005
212-619-1245
Fax: 646-512-5841
Email: djollen@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

George A. Stamboulidis
(See above for address)
LEAD ATTORNEY

J. Bruce Maffeo
Cozen O'Connor
277 Park Avenue
20th Floor
New York, NY 10172
212-883-4951
Fax: 212-937-5202
Email: jbmaffeo@cozen.com
TERMINATED: 01/08/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:1341 and 3551 et seq. FRAUDS AND SWINDLES
(1s)
PROBATION: One (1) Year. FINE: $5,000.00. SPECIAL ASSESSMENT: $100.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 and 3551 et seq. CONSPIRACY TO DEFRAUD THE UNITED STATES; 18:981(a)(1)(C); 21:853(p); 28:2461(c) FORFEITURE ALLEGATION AS TO COUNT 1
(1)
Superseding Indictment dismissed on the motion of the United States.
18:1341, 2 and 3551 et seq. FRAUDS AND SWINDLES; 18:981(a)(1)(C), 21:853(p), 28:2461(c) Forfeiture allegation as to counts 2-15, 23-24
(2-15)
Superseding Indictment dismissed on the motion of the United States.
18:371 and 3551 et seq. CONSPIRACY TO DEFRAUD THE UNITED STATES; 18:981(a)(1)(C); 21:853(p); 28:2461(c) FORFEITURE ALLEGATION AS TO COUNT 22.
(22)
Superseding Indictment dismissed on the motion of the United States.
18:1341, 2 and 3551 et seq. FRAUDS AND SWINDLES; 18:981(a)(1)(C), 21:853(p), 28:2461(c) Forfeiture allegation as to counts 2-15, 23-24
(23-24)
Superseding Indictment dismissed on the motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Arthur D. Spatt

Defendant (3)
Goodmark Industries, Inc.
TERMINATED: 08/02/2006
represented byBenjamin Brafman
(See above for address)
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1341, 2 and 3551 et seq. FRAUDS AND SWINDLES; 18:981(a)(1)(C), 21:853(p), 28:2461(c) FORFEITURE ALLEGATION AS TO COUNTS 26-31.
(26-30)
SPECIAL ASSESSMENT: $9,600.00. RESTITUTION: $7,525,566.00. Count 31 is dismissed on the motion of the United States.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:371 and 3551 et seq. CONSPIRACY TO DEFRAUD THE UNITED STATES; 18:981(a)(1)(C); 21:853(p); 28:2461(c) FORFEITURE ALLEGATION AS TO COUNT 1
(1)
SPECIAL ASSESSMENT: $9,600.00. RESTITUTION: $7,525,566.00. Count 31 is dismissed on the motion of the United States.
18:1341, 2 and 3551 et seq. FRAUDS AND SWINDLES; 18:981(a)(1)(C), 21:853(p), 28:2461(c) Forfeiture allegation as to counts 2-15, 23-24
(2-15)
SPECIAL ASSESSMENT: $9,600.00. RESTITUTION: $7,525,566.00. Count 31 is dismissed on the motion of the United States.
18:371 and 3551 et seq. CONSPIRACY TO DEFRAUD THE UNITED STATES; 18:981(a)(1)(C); 21:853(p); 28:2461(c) FORFEITURE ALLEGATION AS TO COUNT 22.
(22)
SPECIAL ASSESSMENT: $9,600.00. RESTITUTION: $7,525,566.00. Count 31 is dismissed on the motion of the United States.
18:1341, 2 and 3551 et seq. FRAUDS AND SWINDLES; 18:981(a)(1)(C), 21:853(p), 28:2461(c) Forfeiture allegation as to counts 2-15, 23-24
(23-24)
SPECIAL ASSESSMENT: $9,600.00. RESTITUTION: $7,525,566.00. Count 31 is dismissed on the motion of the United States.
18:371 and 3551 et seq. CONSPIRACY TO DEFRAUD THE UNITED STATES
(25)
18:1341, 2 and 3551 et seq. FRAUDS AND SWINDLES; 18:981(a)(1)(C), 21:853(p), 28:2461(c) FORFEITURE ALLEGATION AS TO COUNTS 26-31.
(31)

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byLawrence Philip Ferazani , Jr.
United States Attorneys Office
Eastern District of New York
271 Cadman Plaza East
Brooklyn, NY 11201-1820
718-254-6418
Fax: 718-254-6076
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard Thomas Lunger , Jr.
United States Attorneys Office
Eastern District of New York
610 Federal Plaza
Central Islip, NY 11722
631-715-7842
Email: Richard.Lunger@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert Peter LaRusso
United States Attorneys Office
610 Federal Plaza
Central Islip, NY 11722
631 715 7855
Fax: 631 715 7922
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Date Filed #Docket Text
04/24/2002INDICTMENT as to Naftule Schlesinger (1) count(s) 1-14, 15-17. (Mahon, Cinthia) Modified on 12/4/2003 (Mahon, Cinthia). (Entered: 10/08/2003)
04/24/2002  Arrest Warrant Issued by Michael L. Orenstein as to Naftule Schlesinger. (Mahon, Cinthia) (Entered: 10/08/2003)
10/01/2003SUPERSEDING INDICTMENT (S-1) as to Nat Schlesinger (1) count(s) 1s, 2s-15s, 16s, 17s-19s, 20s, 21s, 22s, 23s-24s, 25s, 26s-31s, 32s-34s, Herman Niederman (2) count(s) 1, 2-15, 22, 23-24, Goodmark Industries, Inc. (3) count(s) 1, 2-15, 22, 23-24, 25, 26-31. (Mahon, Cinthia) Modified on 12/4/2003 (Mahon, Cinthia). (Entered: 10/09/2003)
10/01/2003  Arrest Warrant Issued by Michael L. Orenstein on 10/1/03 as to Herman Niederman, Nat Schlesinger. (Mahon, Cinthia) (Entered: 10/09/2003)
10/09/2003Order to Unseal Indictment as to Nat Schlesinger and the Superseding Indictment as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. Signed by Judge William D. Wall on 10/9/03. (Mahon, Cinthia) (Entered: 10/09/2003)
10/09/2003MINUTE ENTRY before USMJ Wall on 10/9/03 @ 1:30 p.m., for Criminal Cause for Arraignment/First Appearance and Plea as to Dfts Naftule Schlesinger (1) and Herman Niederman (2). Dft Schlesinger present with retained counsel Benjamin Brafman. Dft Niederman present with retained counsel Bruce Maffeo. Govt: Robert LaRusso. CD Rom (03-10) (1:44:59). Case called. Dfts Schlesinger and Niederman ARRAIGNED. Dfts Schlesinger and Niederman's FIRST APPEARANCE. Dft Niederman enters plea of NOT GUILTY to Count 1,2-15,22,23-24. Dft Schlesinger enters a plea of NOT GUILTY to Counts 1s,2s-15s,16s,17s-19s,20s,21s,22s,23s-24s,25s,26s-31s,32s-34s. Bail set at $5,000,000.00 Personal Recognizance Bond (PRB) for Schesinger; $1,000,000.00 PRB for Niederman. Bond co-suretors for Schlesinger will sign bond at a date in the future. Bond co-suretors for Niederman will sign bond. Status Conference set for 10/24/03 @ 11:00 a.m. (Coleman, Laurie) (Entered: 10/20/2003)
10/09/2003  Set/Reset Hearings as to Herman Niederman, Nat Schlesinger : Status Conference set for 10/24/2003 @ 11:00 a.m. before USDJ Spatt. (Coleman, Laurie) (Entered: 10/21/2003)
10/09/2003ORDER Setting Conditions of Release and Bond as to Nat Schlesinger - Personal Recognizance Bond executed by the dft in the amount of $5,000,000.00. The dft must remain in and may not leave NY State, NJ State. The dft shall surrender any passports to the U.S. Pretrial Services Agency by 10/9/03 and must report to that agency by telephone one (1) time per week. Conditions: File Confession of Judgment with U.S. Attorney. (Signed by Judge William D. Wall, on 10/9/03) (Coleman, Laurie) (Entered: 10/21/2003)
10/09/2003  ORDER TO CONTINUE Ends of Justice as to Herman Niederman - Time excluded from 10/9/03 until 10/24/03. (Signed by Judge William D. Wall, on 10/9/03). (Coleman, Laurie) (Entered: 10/21/2003)
10/09/2003ORDER TO CONTINUE Ends of Justice as to Herman Niederman - Time excluded from 10/9/03 until 10/24/03. (Signed by Judge William D. Wall, on 10/9/03). (Coleman, Laurie) (Entered: 10/21/2003)
10/09/2003ORDER Setting Conditions of Release as to Dft Herman Niederman - Personal Recognizance Bond in executed by dft in the amount of $1,000,000.00. The dft must remain in and may not leave NY State, NJ State. The dft shall surrender anypassports to the U.S. Pretrial Services Agency and report to that agency by telephone one (1) time per week. Conditions: File Confession of Judgment with U.S. Attorney. (Signed by Judge William D. Wall, on 10/9/03).(Coleman, Laurie) (Entered: 10/21/2003)
10/09/2003ORDER TO CONTINUE Ends of Justice as to Nat Schlesinger - Time excluded from 10/9/03 until 10/24/03. (Signed by Judge William D. Wall on 10/9/03). (Coleman, Laurie) (Entered: 10/21/2003)
10/09/2003NOTICE OF ATTORNEY APPEARANCE: Benjamin Brafman appearing for Nat Schlesinger. (Coleman, Laurie) (Entered: 10/21/2003)
10/09/200310 NOTICE OF ATTORNEY APPEARANCE: J. Bruce Maffeo appearing for Herman Niederman. (Coleman, Laurie) (Entered: 10/21/2003)
10/21/200311 Arrest Warrant Returned Executed on 10/9/03 as to Herman Niederman. (Dachille, Patti) (Entered: 10/23/2003)
10/21/200312 Arrest Warrant Returned Executed on 10/9/03 as to Nat Schlesinger. (Dachille, Patti) (Entered: 10/23/2003)
10/24/200313 MINUTE ENTRY before USDJ Spatt on 10/24/03 @ 11:15 a.m., for Criminal Cause for Status Conference as to Dfts Herman Niederman, Goodmark Industries, Inc., Nat Schlesinger. Dft Schlesinger present on bail with retained counsel Benjamin Braman. Dft Niederman present on bail with retained counsel J. Bruce Maffeo. Dft Goodmark Industries, Inc. present. Govt: Robert LaRusso. Court Reporter: Dominick Tursi. Status Conference adjourned to 2/6/04 @ 1:30 p.m. before USDJ Spatt. Speedy Trial Information: Excludable Delay from 10/24/03 to 2/6/04. Case marked as complex. Notice of Appearance filed on behalf of Dft #3. Govt to have boxes of Grand Jury documents available to dfts within 1 week. Govt' to turn over all discovery. Next Conference to set a briefing schedule and Jury Selection date. Court orders the transcript. (Coleman, Laurie) (Entered: 11/12/2003)
10/24/2003  Set/Reset Hearings as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. : Status Conference set for 2/6/04 @ 1:30 PM before USDJ Spatt. (Coleman, Laurie) (Entered: 11/12/2003)
10/24/200314 ORDER TO CONTINUE Ends of Justice as to Nat Schlesinger - Time excluded from 10/24/03 until 2/6/04. (Signed by Judge Arthur D. Spatt on 10/24/03). (Coleman, Laurie) (Entered: 11/12/2003)
10/24/200315 ORDER TO CONTINUE Ends of Justice as to Herman Niederman - Time excluded from 10/24/03 until 2/6/04. (Signed by Judge Arthur D. Spatt on 10/24/03). (Coleman, Laurie) (Entered: 11/12/2003)
10/24/200316 ORDER TO CONTINUE Ends of Justice as to Goodmark Industries, Inc. - Time excluded from 10/24/03 until 2/6/04. (Signed by Judge Arthur D. Spatt on 10/24/03). (Coleman, Laurie) (Entered: 11/12/2003)
10/24/200317 NOTICE OF ATTORNEY APPEARANCE: Benjamin Brafman appearing for Goodmark Industries, Inc. (Coleman, Laurie) (Entered: 11/12/2003)
12/18/200321 LETTER dated 12/17/03 from Bruce Maffeo to Judge Spatt Re: To request that Your Honor relieve me as counsel for Herman Niederman and schedule a separate conference as to him in early January to retain new counsel. (Coleman, Laurie) (Entered: 03/26/2004)
01/08/200418 MINUTE ENTRY as to Herman Niederman; Case called before USDJ Spatt on 1/8/04 @ 9:00 a.m., for Criminal Cause for Status Conference. Dft Niederman present on bail with attorney J. Bruce Maffeo. Govt: Robert LaRusso. Court Reporter: Dominick Tursi. Case called. Paul Schechtman, Esq. asking to replace attorney J. Bruce Maffeo - Maffeo is relieved. Curcio Hearing 2/6/04 @ 1:30 p.m. Mr. Schechtman may have a conflict in representing the dft. (Coleman, Laurie) (Entered: 01/23/2004)
01/08/2004  Attorney update in case as to Herman Niederman; Attorney J. Bruce Maffeo terminated - See 18 Minute Entry, dated 1/8/04. (Coleman, Laurie) (Entered: 01/29/2004)
01/16/200420 LETTER MOTION dated 1/14/03 from Paul Schechtman to Judge Spatt Re: To request permission for Herman Niederman to travel to California from 1/19/04 to 1/29/04. AUSA Robert LaRuso and Pre-Trial Services Officer Robert Stehl consent to this mofidication of bail conditions. (Coleman, Laurie) (Entered: 03/04/2004)
01/16/2004  ENDORSED ORDER granting 20 Letter Application seeking permission for dft Herman Niederman to travel to California from 1/19/04 to 1/29/04. (Signed by Judge Arthur D. Spatt on 1/6/04). EOD #20. C/M (Coleman, Laurie) (Entered: 03/04/2004)
01/30/200419 LETTER MOTION dated 1/29/04 from Benjamim Brafman to Judge Spatt Re: On behalf of Nat Schlesinger I am requesting that the 2/6/04 status conference be adjourned to 3/26/04 @ 10:30 a.m. Paul Schectman, Esq. counsel for Mr. Schlesinger's co-dft Herman Niederman, has authorized me to inform your Honor that Mr. Niederman consents to this adjournment. Both dfts have agreed to execute formal Speedy Trial waivers. (Coleman, Laurie) (Entered: 02/02/2004)
01/30/2004  ENDORSED ORDER as to Nat Schlesinger granting 19 letter application requesting that the 2/6/04 status conference be adjourned to 3/26/04 @ 10:30 a.m. Status Conference reset for 3/26/04 @ 10:30 a.m. before USDJ Spatt. (Signed by Judge Arthur D. Spatt on 1/30/04). EOD #19 (Coleman, Laurie) (Entered: 02/02/2004)
04/23/200422 LETTER MOTION dated 4/22/04 from Ephraim Savitt to Judge Spatt as to Nat Schlesinger and Herman Niederman. To request an adjournment of the 4/23/04 status conference. Both dfts will execute speedy trial waivers for 2/6/04 - 6/18/04. (Coleman, Laurie) (Entered: 05/24/2004)
04/23/2004  ENDORSED ORDER granting 22 Letter Application requesting to adjourn the 4/23/04 status conference as to Nat Schlesinger, Herman Niederman. (Signed by Judge Arthur D. Spatt on 4/23/04). EOD #22. (Coleman, Laurie) (Entered: 05/24/2004)
04/30/2004  WAIVER OF SPEEDY TRIAL AND ORDER OF EXCLUDABLE DELAY as to Nat Schlesinger Time excluded from 2/6/04 until 6/18/04. (Signed by Judge Arthur D. Spatt on 4/30/04). (Montero, Edher) (Entered: 05/28/2004)
04/30/200424 Letter from Ephraim Savitt on behalf of Nat Schlesinger dtd. 4/27/04 to Judge Spatt enclosing the speedy trial waiver from 2/6/04 to 6/18/04 (Montero, Edher) (Entered: 06/02/2004)
05/05/200423 WAIVER OF SPEEDY TRIAL AND ORDER OF EXCLUDABLE DELAY as to Herman Niederman Time excluded from 2/6/04 until 6/18/04. (Signed by Judge Arthur D. Spatt on 5/5/04). (Montero, Edher) (Entered: 05/28/2004)
05/27/200425 Letter from Benjamin Brafman on behalf of Nat Schlesinger dtd. 5/24/04 to Judge Spatt advising that at the conf scheduled for 6/18/04 he will be making an application to be relieved as counsel for Mr. Schlesinger (Montero, Edher) (Entered: 06/10/2004)
06/02/200426 TRANSCRIPT of Arraignment/Bail as to Nat Schlesinger held on 10/9/04 before Judge William D. Wall. Court Transcriber: Shari Riemer, TypeWrite Word Processing Service, 356 Eltingivlle Blvd., Staten Island, NY 10312. (Montero, Edher) (Entered: 06/10/2004)
06/18/200427 MINUTE ENTRY as to dfts Nat Schlesinger (1), Herman Niederman (2), Goodmark Industries, Inc.(3); Case called before Judge Arthur D. Spatt on 6/18/04 @ 9:00 a.m., for Criminal Cause for Status Conference. Dft Schlesinger present on bail with retained counsel Benjamin Brafner. Dft Niederman present on bail with retained counsel Paul Schechtman. Dft Goodmark Industries present. Govt: Robert LaRusso. Case called. Conference held. Speedy Trial Information on Dfts 1, 2: Code Type: XT, Start Date: 6/18/04, Stop Date: 7/30/04. Excludable Delay entered on the record. Dft (3) waives Speedy Trial 2/6/04 to 7/30/04. Dft Schlesinger has 30 days from today to retain new counsel. Mr. Brafner still in the case until a Notice of Appearance is filed by new counsel for Schlesinger. Curcio Hearing adjourned to 7/30/04 at 9:00 a.m. (Coleman, Laurie) (Entered: 07/19/2004)
06/18/200428 ORDER TO CONTINUE Ends of Justice as to Nat Schlesinger - Time excluded from 6/18/04 until 7/30/04. (Signed by Judge Arthur D. Spatt on 6/18/04). (Coleman, Laurie) (Entered: 07/19/2004)
06/18/200429 ORDER TO CONTINUE Ends of Justice as to Herman Niederman - Time excluded from 6/18/04 until 7/30/04. (Signed by Judge Arthur D. Spatt on 6/18/04). (Coleman, Laurie) (Entered: 07/19/2004)
06/18/200430 ORDER TO CONTINUE Ends of Justice as to Goodmark Industries, Inc. - Time excluded from 2/6/04 until 7/30/04. (Signed by Judge Arthur D. Spatt on 6/18/04). (Coleman, Laurie) (Entered: 07/19/2004)
07/16/200440 LETTER dated 7/15/04 from Nat Schlesinger to Judge Spatt Re: On 6/18/04, I appeared before the Court with Ben Brafmin, Esq. who withdrew as my counsel with my consent. Your Honor directed that I find new counsel in 30 days, by 7/18/04 and to return to court with my new lawyer on 7/30/04. I am working as hard as I can to have a new lawyer by the 7/30/04 court date, but I need the additional time beyond 7/18/04 to accomplish that.(Coleman, Laurie) (Entered: 10/19/2004)
07/22/200437 LETTER dated 7/20/04 from AUSA Robert LaRusso to Judge Spatt Re: The govt submits this letter in support of its application to disqualify Mr. Paul Schechtman, Esq. of Stillman & Friedman from continuing to represent the dft Herman Niederman in the above referenced case. (Coleman, Laurie) (Entered: 10/01/2004)
07/30/200431 MINUTE ENTRY as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc.; Case called before Judge Arthur D. Spatt on 7/30/04 @ 9:00 a.m., for Criminal Cause for Status Conference. Dft Schlesinger present on bail with retained counsel Benjamin Bramfan by Mark M. Baker. Dft Niedrman present on bail with retained counsel Paul Schechtman. Dft Goodmark Industries present on bail with retained counsel Banjamin Brafman. Govt: Joseph Conway for R. LaRusso. Case called. Next Status Conference 9/3/04 @ 3:00 p.m. Speedy Trial Information: Xt, from 7/30/04 to 9/3/04. Excludable Delay entered on the record. Other: Response to motion, 1 week, 8/9/04; Reply by 8/16/04. Dft 1 to retain new counsel. (Coleman, Laurie) (Entered: 08/04/2004)
07/30/2004  Set/Reset Hearings as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. : Status Conference set for 9/3/2004 @ 3:00 p.m. before Judge Arthur D. Spatt. (Coleman, Laurie) (Entered: 08/04/2004)
07/30/200432 ORDER TO CONTINUE Ends of Justice as to Nat Schlesinger - Time excluded from 7/30/04 until 9/3/04. (Signed by Judge Arthur D. Spatt on 7/30/04). (Coleman, Laurie) (Entered: 08/04/2004)
08/09/200433 LETTER MOTION dated 8/9/04 from Paul Shechtman to Judge Spatt Re: To request until 8/21/04 to respond to the govt's application to disqualify me as counsel for Mr. Niederman. AUSA LaRusso consents to the requested extension. (Coleman, Laurie) Additional attachment(s) added on 8/20/2004 (Coleman, Laurie). (Entered: 08/20/2004)
08/10/2004  ENDORSED ORDER Re: 33 Letter Application - Request for extension of time to 8/12/04 for Paul Shechtman to respond to the govt's application to disqualify him as counsel for Herman Niederman GRANTED. (Signed by Judge Arthur D. Spatt on 8/10/04). EOD #33. C/M. (Coleman, Laurie) (Entered: 08/20/2004)
08/10/200443 STIPULATION and ORDER as to Herman Niederman, Goodmark Industries, Inc. that the law firm of George A Stamboulidis, Lauren J. Resnick, and Ona T. Wang, Baker & Hostetler LLP be substituted as attorneys of record for said defendants.. Signed by Judge Arthur D. Spatt on 8/10/04.cm (Mierzejewski, Elizabeth) (Entered: 10/22/2004)
08/13/200434 LETTER dated 8/12/04 from Paul Schectman to Judge Spatt Re: In response to the govt's application to disqualify me from continuing to represent Herman Niederman. LaRusso Letter 7/20/04. For the reasons discussed herein, the application should be denied after an appropriate Curcio inquiry. (Coleman, Laurie) (Entered: 08/30/2004)
08/25/200442 Letter MOTION to Continue - The govt requests an extension of the govt's time to respond to the dft Herman Niederman's answer to our application to disqualify Mr. Paul Schechtman, Esq. from continuing to represent Mr. Niederman in the above-captioned case. Filed by Herman Niederman. (Coleman, Laurie) (Entered: 10/21/2004)
08/25/2004  ENDORSED ORDER granting the govt's 42 Letter Motion requesting an extension of time to respond to the dft Herman Niederman's answer to our application to disqualify Mr. Paul Schechtman, from continuing to represent Mr. Niederman. (Signed by Judge Arthur D. Spatt on 8/25/04). C/M. (Coleman, Laurie) (Entered: 10/21/2004)
08/31/200435 Letter from Robert P. LaRusso to Hon. Arthur D. Spatt Regarding Govt's response to Neiderman's reply re: Attorney Disqualification Motion. (EXHIBITS not scanned filed in hard copy only in Court folder). (LaRusso, Robert) Modified on 9/2/2004 (Coleman, Laurie). (Entered: 08/31/2004)
09/02/200441 Letter MOTION to Continue - To ask the Court to consider adjourning the pre-trial conference. Filed by Herman Niederman. (Coleman, Laurie) (Entered: 10/20/2004)
09/02/2004  ENDORSED ORDER Re: 41 Letter Request for Adjournment of the Pre-Trial Conference as to Herman Niederman - Application for adjournment GRANTED. The Pre-Trial Conference is adjourned to 9/17/04 at 3:00 p.m. Mr. Schechtman is to notify all parties immediately of this adjournment. FINAL EXTENSION. (Signed by Judge Arthur D. Spatt on 9/2/04). EOD #41. C/F, C/M. (Coleman, Laurie) (Entered: 10/20/2004)
09/09/200439 LETTER MOTION dated 9/9/04 from AUSA Robert LaRusso to Judge Spatt Re: To advise counsel for the dfts Nat Schlesigner and Herman Niederman that your courtroom clerk has rescheduled the above-mentioned case from 9/17/04 to 9/20/04 at 9:00 a.m. (Coleman, Laurie) (Entered: 10/19/2004)
09/10/2004  ENDORSED ORDER Re: Confirming the Govt's 39 Letter Motion advising defense counsel that the above-captioned case has been rescheduled from 9/17/04 to 9/20/04 as to Nat Schlesinger, Herman Niederman. (Signed by Judge Arthur D. Spatt on 9/10/04). EOD #39. (Coleman, Laurie) (Entered: 10/19/2004)
09/20/200436 MEMORANDUM OF DECISION AND ORDER as to HERMAN NIEDERMAN - Ordered, that the Govt's motion to disqualify Paul Shechtman Esq. of Stillman & Friedman and the Firm from continuing to represent the dft Herman Niederman is GRANTED. Ordered, that Niederman is directed to retain new counsel within 30 days from the date of this Order. (Signed by Judge Arthur D. Spatt on 9/20/04). C/M. (Coleman, Laurie) (Entered: 09/21/2004)
09/20/200445 MINUTE ENTRY as to NAT SCHLESINGER, HERMAN NIEDERMAN, GOODMARK INDUSTRIES; Case called before Judge Arthur D. Spatt on 9/20/04 at 9:00 a.m., for Criminal Cause for Status Conference. Dft Schlesinger present on bail with retained counsel Benjamin Brafman. Dft Niederman present on bail with retained counsel Paul Schechtman. Dft Goodmark Industries present with retained counsel Benjamin Brafman. Govt: Robert LaRusso. Court Reporter: Dominic Tursi. Case called. Conference held. Speedy Trial Information: from 7/30/04 to 10/29/04 (dft #3), from 9/3/04 to 10/29/04 (dft #1). Excludable Delay entered on the record. OTHER: Court relieves Paul Schechtman as counsel for dft Niederman. Mr. Niederman is to retain counsel by 10/29/04. Court issues written opinion. (Entered: 10/27/2004)
09/20/200446 ORDER TO CONTINUE Ends of Justice as to Nat Schlesinger - Time excluded from 9/3/04 until 10/29/04. (Signed by Judge Arthur D. Spatt on 9/20/04). (Coleman, Laurie) (Entered: 10/27/2004)
09/20/200447 ORDER TO CONTINUE Ends of Justice as to Goodmark Industries, Inc. - Time excluded from 7/30/04 until 10/29/04. (Signed by Judge Arthur D. Spatt on 9/20/04). (Coleman, Laurie) (Entered: 10/27/2004)
10/05/200444 LETTER dated 10/1/04 from AUSA Robert LaRusso to Judge Spatt Re: To request an extension of the govt's time to complete our review of the matter concerning the representation of Nat Scheslinger by George Stamboulidis and his firm Baker & Hostetler. We request an adjournment until the next court appearance of 10/29/04 to apprize the court of our position and to submit a disqualification motion addressing the representation if that becomes necessary.(Coleman, Laurie) (Entered: 10/27/2004)
10/15/200438 Letter from George A. Stamboulidis, Esq. to Hon. Arthur D. Spatt Regarding 18 USC Section 207 (Bohorquez, Fernando) (Entered: 10/15/2004)
10/27/200448 Letter MOTION from Andrew J. Levander to Honorable Arthur D. Spatt, dated 10/26/04 re: To request that the Court allow his Firm, Swidler Berlin Shereff Friedman, LLP, to appear on behalf of Mr. Herman Niederman on Friday, 10/29/04, solely for the purpose of excluding time under the Speedty Trial Act. (Fagan, Linda) (Entered: 10/28/2004)
10/27/2004  Endorsed ORDER as to Herman Niederman on 48 Letter MOTION. So Ordered. ( Signed by Judge Arthur D. Spatt on 10/27/04.) eod #48 (Fagan, Linda) (Entered: 10/28/2004)
10/29/200449 MINUTE ENTRY before Judge Arthur D. Spatt on 10/29/04 at 11:00 a.m., for Criminal Cause for Status Conference. Dft NAT SCHLESINGER present on bail with counsel George A. Stamboulidas. Dft HERMAN NIEDERMAN present on bail with retained counsel Philip Meyer. Dft GOODMARK INDUSTRIES present on bail with retained counsel Philip Meyer. Govt: Cynthia Monaco. Case called. Conference held. Speedy Trial Information for all three (3) dfts from 10/29/04 to 12/17/04. Status Conference set for 12/17/04 at 9:30 a.m. Motion to withdraw as counsel made by attorney Stamboulidis is GRANTED. Dft Shlesinger is given forty-five (45) days to retain new counsel. Dft Herman is also given forty-five 45 days to retain new counsel. (Coleman, Laurie) (Entered: 11/02/2004)
10/29/200450 ORDER TO CONTINUE Ends of Justice as to Herman Niederman - Time excluded from 10/29/04 until 12/17/04. (Signed by Judge Arthur D. Spatt on 10/29/04). (Coleman, Laurie) (Entered: 11/02/2004)
10/29/200451 ORDER TO CONTINUE Ends of Justice as to Goodmark Industries, Inc. - Time excluded from 10/29/04 until 12/17/04. (Signed by Judge Arthur D. Spatt on 10/29/04). (Coleman, Laurie) (Entered: 11/02/2004)
10/29/200452 ORDER - Ordered, that Mr. Stamboulidis' request to withdraw from representing dft Nat Schlesinger in the above-captioned matter is GRANTED. Ordered, that Schlesinger is directed to retain new counsel within 45 days from the date of this Order. (Signed by Judge Arthur D. Spatt on 10/29/04). (Coleman, Laurie) (Entered: 11/02/2004)
11/15/200453 ORDER - It is the Order of the Court that: The dft, Nat Schlesinger's conditions of release be modified removing the condition of Pretrial Supervision. (Signed by Judge Arthur D. Spatt, on 11/17/04). (Mierzejewski, Elizabeth) Modified on 12/20/2004 (Coleman, Laurie). (Entered: 11/29/2004)
12/17/200454 NOTICE OF ATTORNEY APPEARANCE: Attorney Daniel J. Ollen appearing for Herman Niederman. (Coleman, Laurie) (Entered: 12/17/2004)
12/17/200455 MINUTE ENTRY on 12/17/04 at 9:55 a.m., for Criminal Cause for Status Conference. Dft NAT SCHLESINGER present on bail with attorney Efran Sauitt. Dft HERMAN NIEDERMAN present on bail with attorney Daniel Ollen. Dft GOODMARK INDUSTRIES present on bail with retained attorney Philip Meyer. Govt: Cynthia Monaco, Larry Ferazani, John Martin. Court Reporter: Dominick Tursi. Case called. Status Conference adjourned to 1/28/05 at 9:30 a.m. Waiver of Speedy Trial from 12/17/04 to 1/28/05. Excludable Delay entered on the record. Jury Selection 4/11/05 at 9:00 a.m. Consent to Magistrate Judge selecting. See Minute Entry for Briefing Schedule and information regarding submission of Proposed Questionnares.(Coleman, Laurie) (Entered: 01/21/2005)
12/17/200456 ORDER TO CONTINUE Ends of Justice as to Nat Schlesinger - Time excluded from 12/17/04 until 4/11/05. (Signed by Judge Arthur D. Spatt on 12/17/04). (Coleman, Laurie) (Entered: 01/21/2005)
12/17/200457 ORDER TO CONTINUE Ends of Justice as to Herman Niederman - Time excluded from 12/17/04 until 4/11/05. (Signed by Judge Arthur D. Spatt on 12/17/04). (Coleman, Laurie) (Entered: 01/21/2005)
12/17/200458 ORDER TO CONTINUE Ends of Justice as to Goodmark Industries, Inc. - Time excluded from 12/17/04 until 4/11/05. (Signed by Judge Arthur D. Spatt on 12/17/04). (Coleman, Laurie) (Entered: 01/21/2005)
12/22/200464 LETTER dtd 12/22/04 from Lawrence Ferazani, Jr. to Mr. Ollen and Savitt re: A scheduling conflict requires that the jury questionnaires for the trial of this matter be handed out on March 29th rather than on March 30 as originally scheduled. Please mark your calendars accordingly. (Mierzejewski, Elizabeth) (Entered: 02/01/2005)
12/28/200459 Letter MOTION to Travel - To request that Herman Niederman be allowed to travel to Florida, leaving New York on 1/5/05, and returning on 1/19/05. Filed by Herman Niederman. (Coleman, Laurie) (Entered: 01/24/2005)
12/28/2004  ENDORSED ORDER granting 59 Letter Application requesting permission for Herman Niederman to travel to Florida from 1/5/05 to 1/19/05. (Signed by Judge Arthur D. Spatt on 12/28/04). EOD #59. (Coleman, Laurie) (Entered: 01/24/2005)
01/06/2005147 LETTER dated 1/6/05 from Ephraim Savitt to AUSA Cynthia Monaco and AUSA Lawrence Ferazani Re: In my capacity as interim attorney, I am requesting the following to expedite full discovery (see letter for further information). (Coleman, Laurie) (Entered: 06/22/2005)
01/25/200560 First MOTION for Discovery by Nat Schlesinger. (Savitt, Ephraim) (Entered: 01/25/2005)
01/25/200561 NOTICE OF ATTORNEY APPEARANCE: Attorney Douglas T. Burns appearing for dft Nat Schlesinger. (Coleman, Laurie) (Entered: 01/26/2005)
01/28/200562 MINUTE ENTRY before Judge Arthur D. Spatt on 1/28/05 from 9:30 a.m. to 10:00 a.m., for Criminal Cause for Status Conference. Dft NAT SCHLESINGER present on bail with retained counsel Douglas Burns/Randi Scott Zelin. Dft HERMAN NIEDERMAN present on bail with retained counsel Daniel Ollen. Dft GOODMARK INDUSTRIES present on bail with retained counsel Douglas Burns. Govt: Cynthia Monaco/Larry Ferranzi. Court Reporter: Harry Reporter. Case called. Schlesigner appears with trial counsel. Dft Schlesinger's motion shall be submitted: 2/18/05 to file motion; 3/4/05 to reply; 3/11/05 to sur-reply; Motion Hearing 3/18/05 at 10:30 a.m. Speedy Trial previously waived until 4/11/05. (Coleman, Laurie) (Entered: 02/01/2005)
01/28/200563 NOTICE OF ATTORNEY APPEARANCE: Attorney Randy Scott Zelin appearing for Nat Schlesinger. (Coleman, Laurie) (Entered: 02/01/2005)
01/28/2005146 LETTER dated 1/24/05 from Ephraim Savitt to Judge Spatt Re: In perhaps my final act as Mr. Schlesinger's "interim counsel," I was asked to raise the following matters prior to the scheduled January 28th conference. I am advised that Mr. Schlesinger will appear with other counsel on that date. (Coleman, Laurie) (Entered: 06/22/2005)
02/14/200565 Letter MOTION to Change Venue - Requesting that this case be transferred for trial to the Brooklyn Courthouse, with your Honor presiding, if acceptable. Filed by Nat Schlesinger. (Coleman, Laurie) (Entered: 02/15/2005)
02/18/200566 First MOTION to Sever Defendant HERMAN NIEDERMAN by Herman Niederman. (Ollen, Daniel) (Entered: 02/18/2005)
02/18/200567 NOTICE OF HERMAN NIEDERMAN'S MOTION TO SEVER by Herman Niederman (Ollen, Daniel) (Entered: 02/18/2005)
02/18/200569  MOTION to Dismiss 1) Count One of the Indictment as improperly pleading a single conspiracy containing unrelated and time-barred events dating back to 1987, 1990 and 1991; 2) Dismissing Counts Twenty Two through Thirty Four of the Indictment on the grounds of a) misjoinder; b) statute of limitations; and c) impermissible violations of the attorney-client privilege; 3) Dismissing Count Twenty on the grounds on insufficient evidence before the grand jury; or alternatively for an in camera inspection of the grand jury minutes by the Court; 4) suppressing various tape recording on the grounds that they were illegally obtained by the govt; 5) granting a bill of particulars to enable the defense to properly and adequately prepare for trial; 6) directing the govt to turn over certain exculpatory (Brady) and Giglio materials; and 7) For the right to reserve such further motions, including pre-trial and evidentiary (in limine) motions as may become proper and necessary through trial preparation and further discovery. Declaration of Douglas T. Burns in Support of Motion annexed. Filed by Nat Schlesinger, Goodmark Industries, Inc.. (Coleman, Laurie) Modified on 1/27/2009 (Duong, Susan). (Entered: 02/23/2005)
02/18/200570 MEMORANDUM OF LAW by Nat Schlesinger and Goodmark Industries, Inc. Re: In support of the 69 motions for, inter alia, dismissal of various counts of the indictment, suppression of certain tape recorded evidence, a bill of particulars, production of Brady and Giglio material, and dismissal of so-called creditor fraud scheme on the grounds of misjoinder, statute of limitations and attorney-client privilege violations.(Coleman, Laurie) (Entered: 02/23/2005)
02/21/200568 NOTICE OF ATTORNEY APPEARANCE Lawrence Philip Ferazani appearing for USA. (Ferazani, Lawrence) (Entered: 02/21/2005)
02/23/200571 RESPONSE in Opposition Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. re 65 Letter MOTION to Change Venue - Requesting that this case be transferred for trial to the Brooklyn Courthouse, with your Honor presiding, if acceptable. Filed (Ferazani, Lawrence) (Entered: 02/23/2005)
02/24/200576 LETTER dated 2/21/05 from AUSA Lawrence P. Feranzi, Jr. to Judge Spatt Re: The govt submits this letter to advise the Court and opposing parties that we have been assigned prosecution of the above-captioned matter. We request to be added to the electronic case filing system ("ECF") and to be copied on all future filings by defense counsel. (Coleman, Laurie) (Entered: 03/15/2005)
02/25/200572 RESPONSE in Opposition Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. re 66 First MOTION to Sever Defendant HERMAN NIEDERMAN (Ferazani, Lawrence) (Entered: 02/25/2005)
03/02/200573 RESPONSE in Opposition Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. re 69 MOTION to Dismiss (Ferazani, Lawrence) (Entered: 03/02/2005)
03/02/200574 First MOTION in Limine regarding crime-fraud exception by USA as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc.. (Ferazani, Lawrence) (Entered: 03/02/2005)
03/02/200577 LETTER dated 3/2/05 from AUSA Lawrence P. Feranzi, Jr. to Judge Spatt Re: The govt opposes the dft's request to travel to Israel on 3/9/05. The govt request this Court deny the dft's request to modify his bail conditions to permit a trip to Israel and to order the dft to surrender any travel documents in his possession. To the extent the Court is inclined to entertain this motion, the govt requests a hearing.(Coleman, Laurie) (Entered: 03/17/2005)
03/03/200584 Letter MOTION to Travel - To request permission of the Court for NAT SCHLESINGER to travel to Jerusalem, Israel from 3/9/05 through 3/17/05. Filed by Nat Schlesinger. (Coleman, Laurie) (Entered: 03/25/2005)
03/03/2005101 LETTER dated 2/28/05 from Michael S. Pollok to Judge Spatt Re: To request that I be appointed under the Criminal Justice Act to continue representing Adam Charney. I have enclosed a Financial Affidavit from my client. (Coleman, Laurie) (Entered: 04/14/2005)
03/07/200580 MINUTE ENTRY as to NAT SCHLESINGER; Case called before Judge Arthur D. Spatt on 3/7/05 at 5:00 p.m., for Criminal Cause for Telephone Conference. Dft present with retained counsel Douglas Burns. Govt: Lawrence Ferrazani. Court Reporter: Dominick Tursi. Case called. OTHER: Telephone Conference held regarding Mr. Burns Letter requesting permission for the dft travel. (Coleman, Laurie) (Entered: 03/22/2005)
03/07/200585 ORDER Re: 84 Letter Application requesting permission for NAT SHLESINGER to travel to Jerusalem, Israel from 3/9/05 through 3/17/05 - Application DENIED. (Signed by Judge Arthur D. Spatt on 3/7/05). (Coleman, Laurie) (Entered: 03/25/2005)
03/07/200586 LETTER dated 3/7/05 from Douglas T. Burns to Judge Spatt Re: By letter dated 3/2/05, we submitted a request for permission four our client NAT SCHLESINGER to travel to Israel. By letter dated 3/2/05, the govt opposed the request. Please accept this brief reply on the issue, prior to the conference scheduled today at 5:00 p.m.(Coleman, Laurie) (Entered: 03/25/2005)
03/14/200575 Letter from DOUGLAS T. BURNS to HON. ARTHUR D. SPATT Regarding U.S. V. SCHLESINGER (Burns, Douglas) (Entered: 03/14/2005)
03/18/200578 MEMORANDUM OF DECISION AND ORDER as to NAT SCHLESINGER, HERMAN NIEDERMAN, GOODMARK INDUSTRIES, INC. - It is hereby Ordered, that the Dfts' motion to dismiss Count One, Twenty, and Twenty-Two through Thirty-Four of the Superseding Indictment is DENIED. Ordered, that the Dfts' motion to sever the trial of Counts Twenty-Three through Thirty-Four from the remaining Counts is DENIED. Ordered, that Niederman's motion to sever his trial from that of his co-dfts is DENIED. Ordered, that the Dfts' motion to grant a bill of particulars is DENIED. Ordered, that the Dfts' motion to suppress evidence is DENIED at this time, without prejudice. Ordered, that Schlesinger's motion to transfer the location of the trial is DENIED. (Signed by Judge Arthur D. Spatt on 3/18/05). C/M. (Coleman, Laurie) (Entered: 03/21/2005)
03/18/200590 Minute Entry Case called for proceedings held before Arthur D. Spatt :Motion Hearing as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. held on 3/18/2005 @10:45a.m re 74 MOTION in Limine filed by USA Lawrence P. Ferazani, For Nat Schlesinger-Douglas T. Burns & Randy Scott Zelin, for Defendant Niederman-Daniel J. Ollen-For Defendant: Goodmark Insustrial Inc.-Benjamin Brafman. Rulings on the record. Court to issue written decision. Defendants have until 3/24/05 to submit their Voir Dire questions to the Court & responses to moiton in limine. gov't to submit their Voir Dire Questions on 5/4/05. (Court Reporter Paul Lombardi.) (Mierzejewski, Elizabeth) (Entered: 04/04/2005)
03/21/200579 Proposed Voir Dire by USA as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. (Ferazani, Lawrence) (Entered: 03/21/2005)
03/24/200581 Letter from Randy Scott Zelin to Hon. Arthur D. Spatt Regarding Requesting Trial Adjournment due to Passover Holiday observance. (Burns, Douglas) (Entered: 03/24/2005)
03/24/200582 RESPONSE to Motion Nat Schlesinger re 74 First MOTION in Limine regarding crime-fraud exception RESPONSE TO MOTION (Burns, Douglas) (Entered: 03/24/2005)
03/24/200583 Proposed Voir Dire by Nat Schlesinger (Burns, Douglas) (Entered: 03/24/2005)
03/25/200587 Letter from AUSA Ferazani to Judge Spatt Regarding Opposition to defendant's request to adjourn trial during week of April 24th (Ferazani, Lawrence) (Entered: 03/25/2005)
03/25/200588 First MOTION to Compel defendant's notice of expert witness by USA as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc.. (Ferazani, Lawrence) (Entered: 03/25/2005)
03/28/200589 ENDORSED ORDER as to Nat Schlesinger re 81 Letter Application for an adjournment of the Trial. Application is GRANTED to the extent that jury selection will be commenced on April 11th, 2005 and the trial may begin the following day. there will be NO Court on April 22nd, April 25th and April 29th. The Trial will take place on April 26th through April 28th. . Signed by Judge Arthur D. Spatt on 3/28/05. (Mierzejewski, Elizabeth) (Entered: 03/29/2005)
04/06/200591 Letter from DOUGLAS T. BURNS, ESQ. to HON. ARTHUR D. SPATT Regarding FIRE MARSHAL SUBPOENA, OUR MOTION REGARDING MISSING TAPE, ADJOURNING TRIAL (Burns, Douglas) (Entered: 04/06/2005)
04/06/200593 INFORMATION as to HERMAN NIEDERMAN (2) count(s) 1s. (Coleman, Laurie) (Entered: 04/07/2005)
04/06/200596 MINUTE ENTRY as to HERMAN NIEDERMAN (2); Case called before Judge Arthur D. Spatt on 4/6/05 at 9:35 a.m., for Criminal Cause for PLEA. Dft present with counsel Daniel J. Ollen, Esq., Andrew J. Levander, Esq. Govt: Lawerence Feranzi. Court Reporter: Perry Auerbach. Case called. Dft #2 affirmed. Dft withdraws his previously entered plea of Not Guilty and enters a plea of GUILTY. Dft pleads GUILTY to single count Information. Court finds factual basis for plea and accepts it. Information filed. Waiver of Indictment filed. Dft waives public reading of Information. Sentencing date 7/15/05 at 10:00 a.m. before Judge Spatt. Dft's Bail modified: Dft released on his own recognizance. Dft to have his passport returned to him from Pretrial Services. Dft's counsel to send a letter to the Court requesting permission to travel to Israel at the end of this month and to allow his passport to be returned to him from Pretrial. Separate letter requesting permission to travel to China on business. Travel extended nationwide. Govt has no objections to the modification of the bail conditions. (Coleman, Laurie) (Entered: 04/08/2005)
04/06/200597 WAIVER OF INDICTMENT by HERMAN NIEDERMAN. (Signed by Judge Arthur D. Spatt, on 4/6/05). (Coleman, Laurie) (Entered: 04/08/2005)
04/07/200592 Letter from AUSA Ferazani to Judge Spatt Regarding opposition to defendant's letter of April 6, 2005 (Ferazani, Lawrence) (Entered: 04/07/2005)
04/07/200594 First MOTION for Bond modification to restrict travel by USA as to Nat Schlesinger. (Ferazani, Lawrence) (Entered: 04/07/2005)
04/07/200595 WITNESS LIST by USA as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. (Ferazani, Lawrence) (Entered: 04/07/2005)
04/08/200599 MEMORANDUM OF DECISION AND ORDER granting the Govt's First MOTION in Limine regarding crime-fraud exception as to NAT SCHLESINGER, HERMAN NIEDERMAN, GOODMARK INDUSTRIES, INC. - Having concluded that the crime-fraud exception applies for the reasons stated above, the Court determines that the attorneys be allowed to testify as requested by the Govt. That is, Schwimmer can testify to all aspects of his respresentation of the dft with regard to Calabria, Sweater Brands, Private Brands and the negotation regarding the FAB loan. Also Einstein can testify to all aspects of his representation of the dft with regard to Sweater Brands, Western, and the aquisition of the BOA loan.(Ordered by Judge Arthur D. Spatt on 4/8/05). C/M. (Coleman, Laurie) (Entered: 04/12/2005)
04/08/2005115 MINUTE ENTRY as to NAT SCHLESINGER, GOODMARK INDUSTRIES, INC.; Case called before Judge Arthur D. Spatt, on 4/8/05 at 9:00 a.m., for Criminal Cause on Jury Trial. Dft Schlesinger present with retained counsel Douglas T. Burns. Dft Goodmark Industries present with retained counsel Douglas T. Burns. Govt: AUSA Lawrence Ferazani. Case called. OTHER Re: Letter from dft in Civil Case. See Calendar in Civil Case 03-CV-378. (Coleman, Laurie) (Entered: 05/10/2005)
04/11/200598 Minute Entry for proceedings held before William D. Wall 4/11/05 at 9:30 a.m. Case called. Deft present on bail with retained counsel, Douglas Burns and Randy Zelin. Govt: Cinthia Monaco and Lawrence Ferazani. Court Reporter Paul Lombardi. Jury Selection as to Nat Schlesinger held. Twelve jurors and six alternate jurors selected. Jury Trial begins on 4/12/2005 at 10:30 AM before Senior-Judge Arthur D. Spatt. Juror Questionaires marked as court exhibit "1". (Montero, Edher) (Entered: 04/12/2005)
04/11/2005100 JURY QUESTIONAIRES (3 boxes) as to NAT SCHLESIGNER placed in vault. Boxes #1 and #2 contain jury questionaires used at voire dire. Box #3 contains jury questionaires not used at voire dire. (Coleman, Laurie) (Entered: 04/13/2005)
04/11/2005  SEALED DOCUMENT placed in vault. (Coleman, Laurie) (Entered: 04/14/2005)
04/12/2005  SEALED DOCUMENT placed in vault. (Coleman, Laurie) (Entered: 04/14/2005)
04/12/2005  SEALED DOCUMENT placed in vault. (Coleman, Laurie) (Entered: 04/14/2005)
04/12/2005105 MINUTE ENTRY before Judge Arthur D. Spatt on 4/12/05 at 9:00 a.m., for Criminal Cause on Jury Trial. Dft NAT SCHLESINGER present on bail with retained counsel Douglas Burns/Randy S. Zelin. Dft GOODMARK INDUSTRIES present on bail with retained counsel Douglas Burns, Randy S. Zelin. Govt: Lawrence Ferazani, Cynthia Monaco, Richard Lunger. Court Reporter: Harry Rapaport. Case called. Jurors sworn and Jury Trial begins. Govt opens. Dft opens. Jury Trial held. Witnesses sworn/testify. Jury Trial continued to 4/13/05 at 9:30 a.m. (Coleman, Laurie) (Entered: 04/19/2005)
04/12/2005  JURY IMPANELED as to NAT SCHLESINGER, GOODMARK INDUSTRIES, INC. (Coleman, Laurie) (Entered: 04/19/2005)
04/12/2005  VOIR DIRE QUESTIONS as to NAT SCHLESINGER, GOODMARK INDUSTRIES, INC. (Coleman, Laurie) (Entered: 04/26/2005)
04/13/2005106 MINUTE ENTRY as to NAT SCHLESINGER, GOODMARK INDUSTRIES, INC.; Case called before Judge Arthur D. Spatt on 4/13/05 at 9:30 a.m., for Criminal Cause on JURY TRIAL. Dft Schlesinger present on bail with retained counsel Douglas Burns/Randy Zelin. Dft Goodmark Industries present on bail with retained counsel Douglas Burns/Randy Zelin. Govt: Lawrence Ferazani, Cynthia Monaco and Richard Lunger. Court Reporter: Harry Rapaport. Case called. Jury Trial held. Jury trial continued to 4/14/05 at 9:30 a.m. Jury Trial resumes. (Coleman, Laurie) (Entered: 04/26/2005)
04/14/2005107 MINUTE ENTRY as to NAT SCHLESINGER and GOODMARK INDUSTRIES; Case called before Judge Arthur D. Spatt on 4/14/05 at 9:30 a.m., for Criminal Cause on JURY TRIAL. Dft Schlesinger present on bail with retained counsel Douglas Burns/Randy Zelin. Dft Goodmark Industries present on bail with retained counsel Douglas Burns/Randy Zelin. Govt: Lawrence Ferazani, Cynthia Monaco and Richard Lunger. Court Reporter: Harry Rapaport. Case called. Jury Trial held. Witnesses sworn/testify. Jury Trial continued to 4/18/05 at 9:00 a.m. Jury Trial resumes. (Coleman, Laurie) (Entered: 04/26/2005)
04/18/2005108 MINUTE ENTRY as to NAT SCHLESINGER and GOODMARK INDUSTRIES; Case called before Judge Arthur D. Spatt on 4/18/05 at 9:00 a.m., for Criminal Cause on JURY TRIAL. Dft Schlesinger present on bail with retained counsel Douglas Burns/Randy Zelin. Dft Goodmark Industries present on bail with retained counsel Douglas Burns/Randy Zelin. Govt: Lawrence Ferazani, Cynthia Monaco and Richard Lunger. Court Reporter: Harry Rapaport. Case called. Jury Trial held. Witnesses sworn/testify. Jury Trial continued to 4/19/05 at 9:00 a.m. Jury Trial resumes. (Coleman, Laurie) (Entered: 04/26/2005)
04/19/2005109 MINUTE ENTRY as to NAT SCHLESINGER and GOODMARK INDUSTRIES; Case called before Judge Arthur D. Spatt on 4/19/05 at 9:00 a.m., for Criminal Cause on JURY TRIAL. Dft Schlesinger present on bail with retained counsel Douglas Burns/Randy Zelin. Dft Goodmark Industries present on bail with retained counsel Douglas Burns/Randy Zelin. Govt: Lawrence Ferazani, Cynthia Monaco and Richard Lunger. Court Reporter: Harry Rapaport. Case called. Jury Trial held. Witnesses sworn/testify. Jury Trial continued to 4/21/05 at 9:00 a.m. Jury Trial resumes.(Coleman, Laurie) (Entered: 04/26/2005)
04/26/2005110 Second MOTION in Limine regarding defense expert by USA as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc.. (Ferazani, Lawrence) (Entered: 04/26/2005)
04/26/2005111 First MOTION for Discovery Notice of Governments intention to introduce documents pursuant to FRE 902 by USA as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc.. (Ferazani, Lawrence) (Entered: 04/26/2005)
05/02/2005112 Minute Entry for proceedings held before Judge Arthur D. Spatt: Jury Trial as to Nat Schlesinger, Goodmark Industries, Inc. held on 5/2/2005 @9:00 a.m.. for AUSA: Cinthia Monaco, Lawrence Ferazani, Richard Lunger. For Defendant: Douglas Burns/Randy Zelin-Retained. Jury Trial held. Jury trial to continue to 5/3/05. Jury trial resumes. (Court Reporter Owen Wicker/Harry Rapaport.) (Mierzejewski, Elizabeth) Modified on 5/10/2005 (Coleman, Laurie). (Entered: 05/09/2005)
05/02/2005116 MINUTE ENTRY as to NAT SCHLESINGER, GOODMARK INDUSTRIES, INC.; Case called before Judge Arthur D. Spatt on 5/2/05 at 9:00 a.m., for Criminal Cause on JURY TRIAL. Dft Schlesinger present on bail with retained counsel Douglas Burns/Randy S. Zelin. Goodmark Industries present on bail with retained counsel Douglas Burns/Randy S. Zelin. Govt: AUSA Lawarence Ferazani/AUSA Cynthia Monaco/AUSA Richard Lunger. Case called. Jury Trial held. Witnesses sworn/testify. Jury Trial continued to 5/3/05 at 9:00 a.m. before Judge Spatt. (Coleman, Laurie) (Entered: 05/10/2005)
05/03/2005113 Minute Entry Case called for proceedings held before Judge Arthur D. Spatt: Jury Trial as to Nat Schlesinger, Goodmark Industries, Inc. held on 5/3/2005. For Defendant: Douglas Burns/Randy Zelin-Retained. For AUSA: Cinthia Monaco, Lawrence Ferazani, Richard Lunger. Interpreter: Yiddish Interpreter: Ruth Cohen. Jury Trial held. Jury trial continued to: 5/4/05 @9:00 a.m. Trial resumes. Witnesses sworn. Testimony continued. (Court Reporter Owen Wicker/Harry Rapaport.) (Mierzejewski, Elizabeth) Modified on 5/10/2005 (Mierzejewski, Elizabeth). Modified on 5/10/2005 (Coleman, Laurie). (Entered: 05/09/2005)
05/03/2005117 MINUTE ENTRY as to NAT SCHLESINGER and GOODMARK INDUSTRIES, INC.; Case called before Judge Arthur D. Spatt on 5/3/05 at 9:00 a.m., for Criminal Cause on JURY TRIAL. Dft Schlesinger present with retained counsel Douglas Burns/Randy S. Zelin. Dft Goodmark Industries present with retained counsel Douglas Burns/Randy S. Zelin. Govt: AUSA Lawrence Ferazani/AUSA Cynthia Monaco/AUSA Richard Lunger. Court Reporter: Harry Rapaport. Case called. Jury Trial held. Witnesses sworn/testify. Jury Trial continued to 5/4/05 at 9:00 a.m. before Judge Spatt. (Coleman, Laurie) (Entered: 05/10/2005)
05/05/2005114 Minute Entry: Case called for proceedings held before Arthur D. Spatt :Jury Trial as to Nat Schlesinger, Goodmark Industries, Inc. held on 5/5/2005 @9:00 a.m. Nat Schlesinger Present, on Bail. Counsel for Defendant: Douglas Burns/Randy Zelin-Present-Retained. Deputy Clerk: Edher Montero, Interpreter: Yiddish Interpreter: Ruth Cohen. Jury Trial held. Jury trial continued to: 5/9/05 @9:00 a.m. Jury trial resumes. Witnesses sworn. Testimony continued. The government rests. Conference held with counsel. Motions heard, Decision reserved. Denying motions on all other counts presented. (Court Reporter Owen Wicker/Harry Rapaport.) (Mierzejewski, Elizabeth) (Entered: 05/10/2005)
05/06/2005194 ORDER OF SUSTENANCE - It is Ordered that the Clerk supply proper sustenance to the (18) jurors empaneled in the above entitled case for bottled water during Trial. (Signed by Judge Arthur D. Spatt on 5/6/05). C/ECF. ** Received for docketing on 10/28/05. ** (Coleman, Laurie) (Entered: 10/28/2005)
05/09/2005137 Letter MOTION to Travel - To request the Court's permission for HERMAN NIEDERMAN to travel to to China on business and to Europe and Israel. Proposed travel plans are to depart New York City (JFK) on 5/10/05, and to return to New York City (JFK) on 6/3/05. Filed by Herman Niederman. (Coleman, Laurie) (Entered: 06/03/2005)
05/09/2005  ENDORSED ORDER granting 137 Letter Application for HERMAN NIEDERMAN to travel to China, Europe and Israel, departing New York City on 5/10/05 and to return to New York City on 6/3/05. (Signed by Judge Arthur D. Spatt on 5/9/05). C/F, C/ECF. (Coleman, Laurie) (Entered: 06/03/2005)
05/12/2005118 NOTICE of a Government's Request to Charge in Criminal Forfeiture Proceedings, by Assistant U.S. Attorney Richard T. Lunger. by Nat Schlesinger (Lunger, Richard) (Entered: 05/12/2005)
05/12/2005131 ORDER OF SUSTENANCE as to NAT SCHLESINGER - It is Ordered that the Clerk supply proper sustenance to the (17) jurors empaneled and to the (1) Clerk in attendance thereon. (Signed by Judge Arthur D. Spatt on 5/12/05). (Coleman, Laurie) (Entered: 05/25/2005)
05/13/2005119 NOTICE /Proposed Special Verdict Form Instruction filed by Richard T. Lunger, Assistant U.S. Attorney by Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. (Attachments: # 1 Declaration of Service)(Lunger, Richard) (Entered: 05/13/2005)
05/13/2005120 NOTICE /United States' Proposed Special Verdict Form for Forfeiture Allegations filed by Richard T. Lunger, Assistant U.S. Attorney by Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. re 119 Notice (Other) (Attachments: # 1 Declaration of Service)(Lunger, Richard) (Entered: 05/13/2005)
05/13/2005125 MINUTE ENTRY as to NAT SCHLESINGER; Case called before Judge Arthur D. Spatt on 5/13/05 at 9:30 a.m., for Criminal Cause on JURY TRIAL. Dft Schlesinger present on bail with retained counsel Douglas Burns/Scott Zelin. Govt: AUSA, Cinthia Monaco, AUSA Lawrence Ferazani, AUSA Richard Lunger. Courtroom Deputy: Edher Montero. Court Reporter: Maryann Steiger. Case called. Jury Trial continued to 5/18/05 at 9:00 a.m. Jury Trial resumes. Deliberations continue. (Coleman, Laurie) (Entered: 05/23/2005)
05/13/2005132 ORDER OF SUSTENANCE as to NAT SCHLESINGER - It is Ordered that the Clerk supply proper sustenance to the (15) jurors empaneled and to the (1) Clerk in attendance for lunch during deliberations. (Signed by Judge Arthur D. Spatt on 5/13/05). (Coleman, Laurie) (Entered: 05/25/2005)
05/18/2005129 MINUTE ENTRY as to NAT SCHLESINGER; Case called before Judge Arthur D. Spatt on 5/18/05 at 9:30 a.m., for Criminal Cause on JURY TRIAL. Dft Schlesinger present on bail with retained counsel Douglas Burns/Scott Zelin. Govt: Cynthia Monaco, AUSA/Lawrence Ferazani, AUSA/Richard Lunger, AUSA. Court Reporter: Maryann Steiger. Case called. Jury Trial resumes. Deliberations continue. Jury Trial Ends. Jury reaches Verdict. GUILTY VERDICT on Count(s) 1-30, 33 & 34 of the Superseding Indictment. NOT GUILTY VERDICT on Count 32 of the Superseding Indictment. Dft remanded. OTHER: Forfeiture Hearing held. Submissions by Govt due 6/20/05; Dft submissions due by 7/20/05; Any reply by Govt due 7/27/05. Judgment as a Matter of Law: Motions due by 5/20/05; dft and pltff by 5/27/05. (Attachments: # 1 Court Exhibit #1 (2) Court Exhibit #2 (Govt's Exhibit List) (3) Court Exhibit #3 (4) Court Exhibit #4 (5) Court Exhibit #5 (6) Court Exhibit #6 (7) Court Exhibit #7 (8) Court Exhibit #8 (9) Court Exhibit #9 (10) Court Exhibit #10 (11) Court Exhibit #11 (12) Court Exhibit #12 (13) Court Exhibit #13 (Verdict Sheet)) (Coleman, Laurie) (Entered: 05/25/2005)
05/18/2005  JURY VERDICT as to NAT SCHLESINGER (1) GUILTY on Count 1s, 2s-15s, 16s, 17s-19s, 20s,21s,22s, 23s-24s, 25s, 26s-30s, 33s-34s; NOT GUILTY Count 32. (VERDICT SHEET marked as Court Exhibit #13 and annexed to 129 Minute Entry). (Coleman, Laurie) Modified on 5/26/2005 (Coleman, Laurie). (Entered: 05/25/2005)
05/18/2005133 ORDER OF SUSTENANCE as to NAT SCHLESINGER - It is Ordered that the Clerk supply proper sustenance to the (15) jurors empaneled and to the (1) Clerk in attendance for lunch during deliberations. (Signed by Judge Arthur D. Spatt on 5/18/05). (Coleman, Laurie) (Entered: 05/25/2005)
05/19/2005121 Letter from RANDY SCOTT ZELIN, ESQ. to HON. ARTHUR D. SPATT Regarding MOTION CURRENTLY UNDER THE COURT'S CONSIDERATION PURSUANT TO RULE 29 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE (Burns, Douglas) (Entered: 05/19/2005)
05/19/2005  ENDORSED ORDER granting 127 Letter Application as to NAT SCHLESINGER - The Nassau County Correctional Facility is directed to furnish kosher meals (all 3 meals) to inmate Schlesinger, together with his medications. If necessary, the inmates family shall be permitted to bring kosher food to him. (Signed by Judge Arthur D. Spatt on 5/19/05). EOD #127. C/M. (Coleman, Laurie) (Entered: 05/24/2005)
05/20/2005128 MINUTE ENTRY as to NAT SCHLESINGER; Case called before Judge Arthur D. Spatt on 5/20/05 at 9:40 a.m., for Criminal Cause for Telephone Status Conference. Dft Schlesinger not present. Dft's counsel Randi Zellin present. Govt: Lawrence Ferrazani, AUSA. Deputy Clerk: Edher Montero. Court Reporter: Maryanne Steiger. Case called. Conference held. OTHER: Dft not provided with kosher meals at Nassau County Correctional Facility. Court addressed situation and will issue order regarding same. (Coleman, Laurie) (Entered: 05/24/2005)
05/23/2005122 NOTICE OF ATTORNEY APPEARANCE: Herald Price Fahringer appearing for Nat Schlesinger, Goodmark Industries, Inc. (Fahringer, Herald) (Entered: 05/23/2005)
05/23/2005123  MOTION for Bond - Memorandum of Law in Support of Application for Bail Pending Sentence by Nat Schlesinger. (Fahringer, Herald) (Entered: 05/23/2005)
05/23/2005124 Letter from Herald Price Fahringer, Esq. to Hon. Arthur D. Spatt Regarding Defendant Nat Schlesinger's Application for Bail Pending Sentence (Fahringer, Herald) (Entered: 05/23/2005)
05/23/2005126 RESPONSE in Opposition Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. re 123 MOTION for Bond - Memorandum of Law in Support of Application for Bail Pending Sentence (Ferazani, Lawrence) (Entered: 05/23/2005)
05/23/2005130 LETTER dated 5/23/05 from Randy Scott Zelin to Judg Spatt Re: Notwithstanding your Honor's Orders, Mr. Schlesigner is still having a very difficult time in the jail. He is not permitted to wear his yarmulke outside of his dorm area and is having problems being permitted to wear his tzizis. I have been advised by the family that he has not been getting a kosher breakfast or even kosher milk for his coffee. The Court's intervention would be most appreciated. (Coleman, Laurie) (Entered: 05/25/2005)
05/24/2005127 Letter MOTION to Compel as to NAT SCHLESINGER - To Compel the Nassau County Correctional Center to 1) Provide Nat Schlesinger with kosher meals; 2) Provide Nat Schlesinger with the medications listed herein; 3) Permit the Schlesinger family to bring Nat Schlesinger his Tallis and Tefillin and that he be permitted to observe Hebrew Law in, among other things, the wearing of his Tallis and the laying of Tefillin. Filed by Nat Schlesinger. (Coleman, Laurie) Modified on 1/27/2009 (Romano, Daniel). (Entered: 05/24/2005)
05/24/2005148 LETTER dated 5/23/05 from Randy Scott Zelin to Judge Spatt Re: In further support of our client's motion for bail pending sentencing, and in addition to the Memorandum of Law filed electronically in support of the motion for bail pending sentence, enclosed please find properties totaling in excess of $5,000,000 to be posted as further security for the outstanding $5,000,000 bond.(Coleman, Laurie) (Entered: 06/22/2005)
05/24/2005149 EXHIBITS by NAT SCHLESINGER Re: In Support of 148 Letter. (Coleman, Laurie) (Entered: 06/22/2005)
05/24/2005155 MINUTE ENTRY as to NAT SCHLESINGER. Case called before Judge Arthur D. Spatt on 5/24/05 at 11:00 a.m., for Criminal Cause for BAIL HEARING. Dft Nat Schlesinger present with retained counsel Herald Price Fahringer, Randy Zellin and Randy Scott Zellin. Govt: Lawrence Ferazani. Court Reporter: Dominick Tursi. Case called. OTHER: Hearing held and adjourned to 6/6/05 at 10:30 a.m. before Judge Spatt. (Coleman, Laurie) (Entered: 06/23/2005)
05/25/2005  Per the 5/13/05 e-mail from the U.S. Attorney's Office: Attorney update in case as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. Attorney Richard Thomas Lunger, Jr. for USA added. (Vaughn, Terry) (Entered: 05/25/2005)
05/26/2005134 Letter from Lawrence P. Ferazani, AUSA Regarding Memorandum of Law in Opposition to Defendant's Motion for Judgment of Acquittal (Ferazani, Lawrence) (Entered: 05/26/2005)
06/01/2005135 Letter from RANDY SCOTT ZELIN, ESQ. to HON. ARTHUR D. SPATT Regarding OUTSTANDING ISSUES THAT HON. SPATT RAISED DURING THE FIRST POST-VERDICT HEARING HELD ON 5/24/05 (Burns, Douglas) (Entered: 06/01/2005)
06/02/2005136 RESPONSE in Opposition Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. re 123 MOTION for Bond - Memorandum of Law in Support of Application for Bail Pending Sentence (Attachments: # 1 Exhibit A through I)(Ferazani, Lawrence) (Entered: 06/02/2005)
06/02/2005142 ORDER as to NAT SCHLESINGER, GOODMARK INDUSTRIES, INC. Re: Dfts' 135 Letter Application for additional time to move for a new trial pursuant to Rule 33(b)(2) - Application to file a Rule 33 motion until 7/11/05 GRANTED. (Signed by Judge Arthur D. Spatt, on 6/2/05). C/M.(Coleman, Laurie) (Entered: 06/14/2005)
06/03/2005144 Letter MOTION to Continue - To request that the proceedings scheduled for 6/6/05 be adjourned until 6/8/05. filed by Nat Schlesinger. (Coleman, Laurie) (Entered: 06/16/2005)
06/03/2005  ENDORSED ORDER as to NAT SCHLESINGER Re: Granting Dft's 144 Letter Application - Proceedings adjourned to 6/8/05 at 10:00 a.m. (Signed by Judge Arthur D. Spatt on 6/3/05). C/M. (Coleman, Laurie) (Entered: 06/16/2005)
06/07/2005138 Letter from Herald Price Fahringer, Esq., to Hon. Arthur D. Spatt Regarding Reply to Government's Letter in Opposition to Bail Pending Sentence (Fahringer, Herald) (Entered: 06/07/2005)
06/08/2005139 MEMORANDUM OF DECISION AND ORDER as to NAT SCHLESINGER - Ordered, that the Dfts' motion pursuant to Rule 29(c)(2) for a judgment of acquittal as to counts twenty and twenty-one is DENIED. (Ordered by Judge Arthur D. Spatt on 6/8/05). C/M, C/ECF. (Coleman, Laurie) (Entered: 06/09/2005)
06/08/2005140 MEMORANDUM OF DECISION AND ORDER as to NAT SCHLESINGER terminating 123 Motion for Bond pending Sentence - For all the foregoing reasons, the Court finds that the Dft is unable to show "exceptional reasons" to warrant release pending sentencing, and thus it is required under the terms of section 3143(a)(2) to detain the Dft pending the imposition of sentence. See Order for further details. (Ordered by Judge Arthur D. Spatt on 6/8/05). C/M, C/ECF. (Coleman, Laurie) (Entered: 06/09/2005)
06/08/2005143 MINUTE ENTRY as to NAT SCHLESINGER; Case called before Judge Arthur D. Spatt on 6/8/05 at 10:10 a.m., for Criminal Cause for MOTION and BAIL APPLICATION. Dft present in custody with retained counsel Herald, Price, Fahringer, Randy S. Zelin, Douglas Burns. Govt: Lawrence Ferrazani, AUSA. Court Reporter: Paul Lombardi. Case called. Motion conference held on Schlesinger. Motion for Judgment of Acquittal of Counts 20-22. Arguments heard. Motion DENIED. Rulings on the record. OTHER: Bail DENIED. Rulings on the record. (Coleman, Laurie) Additional attachment(s) added on 6/16/2005 (Coleman, Laurie). (Entered: 06/16/2005)
06/14/2005141 NOTICE OF APPEAL (Interlocutory) by Nat Schlesinger re 140 Order on Motion for Bond,. Filing fee $ 255. (Fahringer, Herald) (Entered: 06/14/2005)
06/14/2005  Please come or send your filing fee to the Clerk's Office. (Duong, Susan) (Entered: 06/14/2005)
06/14/2005  Electronic Index to Record on Appeal as to Nat Schlesinger sent to US Court of Appeals re 101 Letter, 73 Response in Opposition, 111 First MOTION for Discovery Notice of Governments intention to introduce documents pursuant to FRE 902, 79 Proposed Voir Dire, 55 Status Conference, 85 Order on Motion to Travel, 74 First MOTION in Limine regarding crime-fraud exception, 103 Jury Selection, 139 Memorandum Opinion, 119 Notice (Other), 112 Jury Trial, 86 Letter, 130 Letter, 123 MOTION for Bond - Memorandum of Law in Support of Application for Bail Pending Sentence, 77 Letter, 116 Jury Trial, Set Hearings, 45 Status Conference, 129 Jury Trial, 80 Status Conference, 95 Witness List, 108 Jury Trial, Set Hearings, 89 Order, 61 Notice of Attorney Appearance - Defendant, 1 Indictment (Sealed), 64 Letter, 118 Notice (Other), 90 Motion Hearing, 125 Jury Trial, 88 First MOTION to Compel defendant's notice of expert witness, 53 MOTION to Modify Conditions of Release, 94 First MOTION for Bond modification to restrict travel, 107 Jury Trial, Set Hearings, 87 Letter, 63 Notice of Attorney Appearance - Defendant, 117 Jury Trial, Set Hearings, 113 Jury Trial, 124 Letter, 84 Letter MOTION to Travel - To request permission of the Court for NAT SCHLESINGER to travel to Jerusalem, Israel from 3/9/05 through 3/17/05. Filed, 76 Letter, 65 Letter MOTION to Change Venue - Requesting that this case be transferred for trial to the Brooklyn Courthouse, with your Honor presiding, if acceptable. Filed, 39 Letter, 114 Jury Trial, 92 Letter, 78 Order on Motion for Change of Venue, Order on Motion to Dismiss, 83 Proposed Voir Dire, 62 Status Conference, 75 Letter, 141 Notice of Appeal - Interlocutory, 110 Second MOTION in Limine regarding defense expert, 98 Jury Selection, Set Hearings, 102 Letter, 135 Letter, 56 Order to Continue - Ends of Justice, 99 Order on Motion in Limine, 60 First MOTION for Discovery, 131 Order, 127 Letter MOTION to Compel as to NAT SCHLESINGER - To Compel the Nassau County Correctional Center to: 1) Provide Nat Schlesinger with kosher meals; 2) Provide Nat Schlesinger with the medications listed herein; 3) Permit the Schlesinger family to brin, 121 Letter, 82 Response to Motion, 38 Letter, 128 Status Conference, 81 Letter, 46 Order to Continue - Ends of Justice, 2 Indictment (Sealed), Indictment (Sealed), 132 Order, 115 Jury Trial, Set Hearings, 71 Response in Opposition, 52 Order, 133 Order, 126 Response in Opposition, 136 Response in Opposition, 70 Affidavit, 138 Letter, 35 Letter, 109 Jury Trial, Set Hearings, 68 Notice of Attorney Appearance - USA, 140 Order on Motion for Bond, 104 Notice (Other), Notice (Other), 40 Letter, 120 Notice (Other), Notice (Other), 134 Letter, 122 Notice of Attorney Appearance - Defendant, 44 Letter, 91 Letter, 49 Status Conference, Set Hearings, 105 Jury Trial, Set Hearings, 106 Jury Trial, Set Hearings, 69 MOTION to Dismiss 1) Count One of the Indictment as improperly pleading a single conspiracy containing unrelated and time-barred events dating back to 1987, 1990 and 1991; 2) Dismissing Counts Twenty Two through Thirty Four of the Indictment on th, 72 Response in Opposition For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. (Duong, Susan) (Entered: 06/14/2005)
06/20/2005145 Letter from Assistant U.S. Attorney Richard T. Lunger to Honorable Arthur D. Spatt Regarding The government writes, with consent of opposing counsel, to respectfully request a two-day enlargement of time, through and including June 22, 2005, to submit the government's memorandum of law in support of finding of fact on the criminal forfeiture allegations and preliminary order of Forfeiture in the above-referenced criminal case. (Lunger, Richard) (Entered: 06/20/2005)
06/20/2005153 USCA Appeal Fees received $ 255, receipt number 311638 as to Nat Schlesinger re 141 Notice of Appeal - Interlocutory. (Duong, Susan) (Entered: 06/23/2005)
06/21/2005150 LETTER APPLICATION dated 6/21/05 from Randy Scott Zelin to Judge Spatt Re: (1) to ask your Honor's assistance concerning our client being permitted to wear his yarmulke in jail; and (2) for our client to be granted permission to attend his granddaughter's wedding on 6/23/05. (Coleman, Laurie) (Entered: 06/22/2005)
06/21/2005  ENDORSED ORDER as to NAT SCHLESINGER Re: 150 Letter Application. Application to attend wedding DENIED. (Ordered by Judge Arthur D. Spatt on 6/21/05). EOD #150. (Coleman, Laurie) (Entered: 06/22/2005)
06/22/2005151 MEMORANDUM OF LAW in Support of Findings of Fact on the Criminal Forfeiture Allegations and a Preliminary Order of Forfeiture Under Fed. R. Crim P. 32.2 by USA as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc.. (Attachments: # 1 Appendix 1-25# 2 Declaration of Service)(Lunger, Richard) Modified on 6/23/2005 (Coleman, Laurie). (Entered: 06/22/2005)
06/22/2005152  MOTION for Forfeiture of Property /Proposed Preliminary Order of Forfeiture by USA as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc.. (Lunger, Richard) (Entered: 06/22/2005)
06/23/2005154 Letter from AUSA Ferazani to Judge Spatt Regarding defendant's complaint regarding Nassau County Correctional Facility (Ferazani, Lawrence) (Entered: 06/23/2005)
06/27/2005158 DESIGNATION OF RECORD ON APPEAL re 141 Notice of Appeal - Interlocutory forwarded to USCA including: original and 3 copies of the index, clerk's certificate and certified copy of the docket sheet. USCA# 05-3021-cr. (Duong, Susan) (Entered: 07/05/2005)
06/30/2005156 Letter from AUSA Ferazani to Judge Spatt Regarding rescheduling defendant Niederman's sentencing date (Ferazani, Lawrence) (Entered: 06/30/2005)
06/30/2005159 ORDER Re: Govt's 156 Letter Application requesting that dft HERMAN NIEDERMAN'S sentencing currently scheduled for 7/15/05 be moved to 9/16/04 at 10:00 a.m. Application GRANTED. (Signed by Judge Arthur D. Spatt on 6/30/05). (Coleman, Laurie) (Entered: 07/07/2005)
06/30/2005  Set/Reset Hearings as to HERMAN NIEDERMAN: Sentencing set for 9/16/2005 at 10:00 a.m. before Senior-Judge Arthur D. Spatt. (Coleman, Laurie) (Entered: 07/07/2005)
07/01/2005157 Letter from RANDY SCOTT ZELIN, ESQ. to HON. ARTHUR D. SPATT Regarding MODIFYING PREVIOUS APPLICATION PURSUANT TO RULE 33(b)(2) (Burns, Douglas) (Entered: 07/01/2005)
07/19/2005160 Letter from Jeremy Gutman to Hon. Arthur D. Spatt Regarding extension of time for filing papers concerning forfeiture allegations (Gutman, Jeremy) (Entered: 07/19/2005)
07/19/2005161 NOTICE OF ATTORNEY APPEARANCE: Jeremy L Gutman appearing for Nat Schlesinger, Goodmark Industries, Inc. , of counsel to Douglas Burns, Esq. (Gutman, Jeremy) (Entered: 07/19/2005)
07/19/2005162 Letter from Jeremy Gutman to Hon. Arthur D. Spatt Regarding request for revised briefing schedule regarding forfeiture allegations (Gutman, Jeremy) (Entered: 07/19/2005)
07/20/2005166 ORDER as to NAT SCHLESINGER Re: 162 Letter Application requesting the Court amend the earlier 160 briefing schedule and approved a revised briefing schedule under which dft's response will be due on July 29, 2005 and reply by the Govt will be due on August 19, 2005. So Ordered. (Signed by Judge Arthur D. Spatt on July 20, 2005). (Coleman, Laurie) (Entered: 07/28/2005)
07/21/2005163 USCA Acknowledgment: index received as to Nat Schlesinger for 141 Notice of Appeal - Interlocutory filed by Nat Schlesinger. USCA# 05-3021-cr. (Duong, Susan) (Entered: 07/26/2005)
07/22/2005  NOTICE OF ATTORNEY APPEARANCE: Jeremy L Gutman appearing for Nat Schlesinger. (Guzzi, Roseann) (Entered: 07/22/2005)
07/28/2005164 Letter from RANDY SCOTT ZELIN, ESQ to HON. ARTHUR D. SPATT Regarding REQUESTING NEW DATE FOR RULE 33 MOTION (Burns, Douglas) (Entered: 07/28/2005)
07/28/2005165 Letter from Jeremy Gutman to Hon. Arthur D. Spatt Regarding request for additional extension (Gutman, Jeremy) (Entered: 07/28/2005)
07/29/2005167 Letter from Assistant U.S. Attorney Richard T. Lunger to the Honorable Arthur D. Spatt Regarding the government respectfully requests that the defendant's application to adjourn the briefing schedule be denied, or, alternatively, that the date of sentencing be adjourned to a date after the decision on the government's motion. (Lunger, Richard) (Entered: 07/29/2005)
07/29/2005168 ORDER as to NAT SCHLESINGER Re: Randy Scott Zelin's 164 Letter requesting 8/19/05 as the date by which he will file the Rule 33 Motion. So Ordered. (Signed by Judge Arthur D. Spatt on 7/29/05). C/ECF. (Coleman, Laurie) (Entered: 08/09/2005)
07/29/2005169 ORDER Re: 165 Letter Application requesting an additional 2-week extension of time for submitting defendant NAT SCHLESINGER'S response with regard to the government's forfeiture allegation - Application to extend time for response to August 12, 2005 GRANTED. (Signed by Judge Arthur D. Spatt on 7/29/05). C/M, C/ECF. (Coleman, Laurie) (Entered: 08/10/2005)
08/12/2005170 Letter from Jeremy Gutman to Hon. Arthur D. Spatt Regarding one business day extension of time to file response regarding forfeiture allegations (Gutman, Jeremy) (Entered: 08/12/2005)
08/12/2005173 ENDORSED ORDER as to Nat Schlesinger re the 170 Letter Motion for an extension of time for one business day to Monday, August 15th for the filing of the response to the government's forfeiture allegations on behalf of Nat Schlesinger and Goodmark Industries. Mr. Lunger's reply papers are due three weeks after that date. RULING: Oral argument is scheduled for September 9, 2005 @10:30 a.m. Sentencing is adjourned. Sentencing set for 10/28/2005 09:30 AM before Senior-Judge Arthur D. Spatt.. Ordered by Judge Arthur D. Spatt on 8/12/05. (Mierzejewski, Elizabeth) (Entered: 08/22/2005)
08/15/2005171 RESPONSE in Opposition Nat Schlesinger, Goodmark Industries, Inc. re 151 MOTION for Forfeiture of Property /Memorandum of Law in Support of Findings of Fact on the Criminal Forfeiture Allegations and a Preliminary Order of Forfeiture Under Fed. R. Crim P. 32.2, 152 MOTION for Forfeiture of Property /Proposed Preliminary Order of Forfeiture (Gutman, Jeremy) (Entered: 08/15/2005)
08/16/2005172 Letter from Assistant U.S. Attorney Richard T. Lunger to Honorable Arthur D. Spatt Regarding the government writes to respectfully request a one week adjournment of the oral argument scheduled for September 9, 2005. Accordingly, the government request that oral argument be adjourned until September 16, 2005. (Lunger, Richard) (Entered: 08/16/2005)
08/17/2005174 Letter MOTION to Continue - To request additional time for NAT SCHLESINGER to move for a new trial pursuant to Rule 33(b)(2) (the "Rule 33 Motion"). Filed by Nat Schlesinger. (Coleman, Laurie) (Entered: 08/24/2005)
08/24/2005175 ORDER as to NAT SCHLESINGER Re: 172 Letter Application requesting a one week adjournment of oral argument - Application GRANTED to the extent that oral argument is adjourned to 10/7/05 at 9:30 a.m. (Signed by Judge Arthur D. Spatt on 8/24/05). C/ECF. (Coleman, Laurie) (Entered: 08/26/2005)
08/24/2005176 LETTER dated 8/19/05 from Randy Scott Zelin to Judge Spatt Re: To follow up on my telephone conversation with Chambers this morning concerning a specific date we have in mind for Mr. Schlesinger to move for a new trial pursuant to Rule 33(b)(2) (the "Rule 33 Motion"). (Coleman, Laurie) (Entered: 08/26/2005)
08/24/2005  ENDORSED ORDER as to NAT SCHLESINGER Re: 176 Letter concerning a specific date for Mr. Schlesinger to move for a new trial pursuant to Rule 33(b)(2)(the "Rule 33 Motion") - Application for an extension until 9/23/05 GRANTED. (Signed by Judge Arthur D. Spatt, on 8/24/05). EOD #176. C/M, C/ECF.(Coleman, Laurie) (Entered: 08/26/2005)
09/06/2005177 Letter from AUSA Richard T. Lunger to Hon. Arthur D. Spatt Regarding enlargement of time to file reply papers and enlargement of page limit (Lunger, Richard) (Entered: 09/06/2005)
09/06/2005178 NOTICE OF ATTORNEY APPEARANCE: Adrian L. DiLuzio appearing for Nat Schlesinger (DiLuzio, Adrian) (Entered: 09/06/2005)
09/06/2005179 NOTICE OF ATTORNEY APPEARANCE: Michael L. Soshnick appearing for Nat Schlesinger (Soshnick, Michael) (DiLuzio, Adrian) Modified on 9/6/2005 (Mahon, Cinthia). (Entered: 09/06/2005)
09/06/2005  Attorney updated in case as to Nat Schlesinger. Attorney Adrian L. DiLuzio for Nat Schlesinger, Michael L. Soshnick for Nat Schlesinger added. (Mahon, Cinthia) (Entered: 09/06/2005)
09/06/2005  Email Notification Test - DO NOT REPLY (Mahon, Cinthia) (Entered: 09/06/2005)
09/07/2005180 ORDER as to NAT SCHLESINGER Re: 177 Letter Application requesting a two-day enlargement of time to submit the government's reply papers in further support of findings of fact on the criminal forfeiture allegations and a preliminary order of forfeiture - Application GRANTED. (Signed by Judge Arthur D. Spatt on 9/7/05). C/ECF. (Coleman, Laurie) (Entered: 09/07/2005)
09/08/2005181 REPLY TO RESPONSE to Motion Nat Schlesinger, Goodmark Industries, Inc. re 151 MOTION for Forfeiture of Property /Memorandum of Law in Support of Findings of Fact on the Criminal Forfeiture Allegations and a Preliminary Order of Forfeiture Under Fed. R. Crim P. 32.2, 152 MOTION for Forfeiture of Property /Proposed Preliminary Order of Forfeiture (Attachments: # 1 Appendix continued (26-34)# 2 Affidavit Declaration of Service)(Lunger, Richard) (Entered: 09/08/2005)
09/09/2005182 Letter from Andrew J. Levander to Hon. Arthur D. Spatt Regarding sentencing of Herman Niederman (Attachments: # 1 Exhibit 1-9# 2 Exhibit 10-20# 3 Exhibit 21-32)(Levander, Andrew) (Entered: 09/09/2005)
09/16/2005196 MINUTE ENTRY as to HERMAN NIEDERMAN (2) Count 1s; Case called before Judge Arthur D. Spatt on 9/16/05 at 10:10 a.m., for Criminal Cause for SENTENCING. Defendant Herman Niederman present on bail with retained counsel Daniel J. Ollen, Esq./Andrew J. Levander, Esq. Govt: Lawrence Ferazani, AUSA. Court Reporter: Perry Auerbach. Probation: James Fonti. Case called. Sentencing held. Statement(s) of defendant and counsel heard. Court accepts facts as set forth in PSR. The defendant is sentenced to one (1) year Probation. Special Conditions of Probation: one (1) time per month the defendant is to report by mail to Probation Department. The defendant is ordered to pay a Fine in the sum of $5,000.00. The Fine is to be paid to the U.S. Attorney's Office in Brooklyn within 30 days from today. Special Assessment is imposed in the sum of $100.00, to be paid immediately. The defendant is advised of the Right to Appeal. (Coleman, Laurie) (Entered: 11/01/2005)
09/23/2005183 Letter from RANDY SCOTT ZELIN, ESQ. to HON. ARTHUR D. SPATT Regarding RULE 33 MOTION (Burns, Douglas) (Entered: 09/23/2005)
10/03/2005184 Letter from Jeremy Gutman to Hon. Arthur D. Spatt Regarding response to new issues raised in government's reply memorandum (Gutman, Jeremy) (Entered: 10/03/2005)
10/03/2005186 ORDER Re: 184 Letter requesting that the Court consider the following response to the arguments raised for the first time in the government's reply to our Memorandum in Opposition -- Sur-replies are not accepted. Any new matters raised in the reply will not be included. (Signed by Judge Arthur D. Spatt on 10/3/05). C/ECF. (Coleman, Laurie) (Entered: 10/06/2005)
10/03/2005192  MOTION to Travel - To request permission for HERMAN NIEDERMAN to travel to Israel, departing on 10/10/05, and returning to New York City on 10/16/05. Filed by USA as to Herman Niederman. (Coleman, Laurie) (Entered: 10/27/2005)
10/03/2005  ORDER Re: 192 MOTION requesting permission for HERMAN NIEDERMAN to travel to Israel, departing on 10/10/05, and returning to New York City on 10/16/05 - International travel approved. (Signed by Judge Arthur D. Spatt on 10/3/05). EOD #192. C/ECF. (Coleman, Laurie) (Entered: 10/27/2005)
10/04/2005185 RESPONSE in Opposition Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. re 174 Letter MOTION to Continue - To request additional time for NAT SCHLESINGER to move for a new trial pursuant to Rule 33(b)(2) (the "Rule 33 Motion"). Filed Substantive opposition to defendant's Rule 33 Motion (Ferazani, Lawrence) (Entered: 10/04/2005)
10/07/2005188 MEMORANDUM OF DECISION AND ORDER as to the Government's 152 Motion for Forfeiture of Property /Proposed Preliminary Order of Forfeiture as to NAT SCHESLINGER, HERMAN NIEDERMAN, GOODMARK INDUSTRIES, INC. - It is hereby ORDERED, that pursuant to Fed. R. Crim. P. 32.2 the Court enters a preliminary order of forfeiture finding that the defendants must forfeit: (1) the sum of $11,480,629.41, representing the total value of the property involved in the money laundering; (2) the sum of $5,131,881.92, representing the net proceeds traceable to the Wallabout street property; (3) the sum of $4,510,629.41, representing the proceeds derived from the insurance fraud; and (4) the sum of $72,525.00, representing the proceeds derived from the creditor fraud. All of these amounts are subject to forfeiture. (Ordered by Judge Arthur D. Spatt on 10/7/05). C/ECF. (Coleman, Laurie) (Entered: 10/13/2005)
10/07/2005189 MEMORANDUM OF DECISION AND ORDER as to NAT SCHLESINGER - The Defendant Nat Schlesinger moves this Court pursuant to Rule 33 of the Federal Rules of Criminal Procedure for a new trial on his conviction of arson and use of fire to commit felonies charged in Counts Twenty and Twenty-One of the superseding indictment (collectively, the "arson counts"). The Defendant argues that there was neither competent, satisfactory, or sufficient evidence adduced at the trial to support the jury's determination that Schlesinger was guilty of the arson counts beyond a reasonable doubt. Specifically, the Defendant argues that the only evidence linking him to the arson counts was adduced through the testimony of Victor Schlesinger and Israel Schwimmer, whose testimony, he contends, was patently incredible and hearsay.Reviewing the evidence as a whole, the Court finds that the testimony of Victor Schlesinger and Israel Schwimmer was not patently incredible nor does it defy physical realities. There is no "manifest injustice" with regard to the convictions in this case. Accordingly, the defendant's Rule 33 motion is denied. SEE Order for further details. (Ordered by Judge Arthur D. Spatt on 10/7/05). C/ECF. (Coleman, Laurie) (Entered: 10/13/2005)
10/07/2005198 MINUTE ENTRY as to NAT SCHLESINGER; Case called before Judge Arthur D. Spatt on 10/7/05 at 9:30 a.m., for Criminal Cause for MOTION. Defendant Nat Schlesinger present in custody with retained counsel Randy S. Zelin, Douglas T. Burns. Govt: Lawrence Ferazani, AUSA. Case called. OTHER: Pursuant to Fed. R. Cr. P. 32.2 the Court enters a Preliminary Order of Forfeiture finding that the defendant must forfeit 1) the sum of $11,480.629.41, representing the total value of the property involved in the money laundering; 2) the sum of $5,131,881.92 representing the net proceeds traceable to the Wallabout Street property, etc. Court to issue a written decision. Defendant's Rule 33 Motion is DENIED. Court to issue a written decision. (Coleman, Laurie) (Entered: 11/04/2005)
10/11/2005187 Letter from DOUGLAS T. BURNS, ESQ. AND RANDY SCOTT ZELIN, ESQ. to JAMES J. FONTI, SR. U.S. PROBATION OFFICER Regarding PSR OBJECTIONS LETTER (Burns, Douglas) (Entered: 10/11/2005)
10/18/2005190 OBJECTION TO PRESENTENCE INVESTIGATION REPORT by USA as to Nat Schlesinger and response to defendant's objections (Ferazani, Lawrence) (Entered: 10/18/2005)
10/21/2005191 NOTICE OF APPEAL (Interlocutory) by Nat Schlesinger and Goodmark Industries, Inc. re 188 Order on Motion for Forfeiture of Property, Filing fee $ 255, receipt number 316804. Copy of notice of appeal sent to Chambers. Service made by Clerk. (Duong, Susan) (Entered: 10/27/2005)
10/21/2005  Electronic Index to Record on Appeal as to Nat Schlesinger, Goodmark Industries, Inc. sent to US Court of Appeals re 78 Order on Motion to Dismiss, 158 Designation of Record on Appeal, 154 Letter, 122 Notice of Attorney Appearance - Defendant, 111 First MOTION for Discovery Notice of Governments intention to introduce documents pursuant to FRE 902, 79 Proposed Voir Dire, 55 Status Conference, 161 Notice of Attorney Appearance - Defendant, 85 Order on Motion to Travel, 191 Notice of Appeal - Interlocutory, 74 First MOTION in Limine regarding crime-fraud exception, 35 Letter, 103 Jury Selection, 139 Memorandum Opinion, 130 Letter, 114 Jury Trial, 172 Letter, 77 Letter, 80 Status Conference, 163 USCA Acknowledgment, 151 MOTION for Forfeiture of Property /Memorandum of Law in Support of Findings of Fact on the Criminal Forfeiture Allegations and a Preliminary Order of Forfeiture Under Fed. R. Crim P. 32.2, 150 Letter, 185 Response in Opposition, 69 MOTION to Dismiss, 155 Bond Hearing, 87 Letter, 113 Jury Trial, 63 Notice of Attorney Appearance - Defendant, 117 Jury Trial, Set Hearings, 92 Letter, 171 Response in Opposition, 102 Letter, 76 Letter, 65 Letter MOTION to Change Venue - Requesting that this case be transferred for trial to the Brooklyn Courthouse, with your Honor presiding, if acceptable. Filed, 170 Letter, 110 MOTION in Limine, 73 Response in Opposition, 190 Objection to Presentence Investigation Report, 75 Letter, 187 Letter, 135 Letter, 142 Order, 157 Letter, 99 Order on Motion in Limine, 60 First MOTION for Discovery, 173 Order, Set Deadlines/Hearings, 168 Order, 131 Order, 127 Letter MOTION to Compel as to NAT SCHLESINGER - To Compel the Nassau County Correctional Center to: 1) Provide Nat Schlesinger with kosher meals; 2) Provide Nat Schlesinger with the medications listed herein; 3) Permit the Schlesinger family to brin, 121 Letter, 82 Response to Motion, 136 Response in Opposition, Add and Terminate Attorneys, 132 Order, 115 Jury Trial,Set Hearings, 180 Order, 162 Letter, 133 Order, 108 Jury Trial, Set Hearings, 112 Jury Trial, 149 Exhibit List, 70 Affidavit, 126 Response in Opposition, 177 Letter, 178 Notice of Attorney Appearance - Defendant, 153 USCA Appeal Fees, 2 Indictment (Sealed), Indictment (Sealed), 68 Notice of Attorney Appearance - USA, 183 Letter, 167 Letter, 120 Notice (Other), Notice (Other), 134 Letter, 176 Letter, 49 Status Conference, Set Hearings, 184 Letter, 105 Jury Trial, Set Hearings, 143 Bond Hearing, 148 Letter, 152 MOTION for Forfeiture of Property /Proposed Preliminary Order of Forfeiture, 106 Jury Trial, Set Hearings, 72 Response in Opposition, 51 Order to Continue - Ends of Justice, 101 Letter, 169 Order, 71 Response in Opposition, 145 Letter, 119 Notice (Other), 188 Order on Motion for Forfeiture of Property, 147 Letter, 165 Letter, 86 Letter, 123 MOTION for Bond - Memorandum of Law in Support of Application for Bail Pending Sentence, 144 Letter MOTION to Continue - To request that the proceedings scheduled for 6/6/05 be adjourned until 6/8/05. filed, 45 Status Conference, 116 Jury Trial, Set Hearings, 129 Jury Trial, 181 Reply to Response, 95 Witness List, 61 Notice of Attorney Appearance - Defendant, 1 Indictment (Sealed), 175 Order, 64 Letter, 90 Motion Hearing, 118 Notice (Other), 88 First MOTION to Compel defendant's notice of expert witness, 125 Jury Trial, 160 Letter, 189 Order on Motion to Continue, 53 MOTION to Modify Conditions of Release, 94 First MOTION for Bond modification to restrict travel, 179 Notice of Attorney Appearance - Defendant, 174 Letter MOTION to Continue - To request additional time for NAT SCHLESINGER to move for a new trial pursuant to Rule 33(b)(2) (the "Rule 33 Motion"). Filed, 107 Jury Trial, Set Hearings, 62 Status Conference, 47 Order to Continue - Ends of Justice, 146 Letter, 124 Letter, 84 Letter MOTION to Travel - To request permission of the Court for NAT SCHLESINGER to travel to Jerusalem, Israel from 3/9/05 through 3/17/05. Filed, 39 Letter, Order, 83 Proposed Voir Dire, 109 Jury Trial, Set Hearings, 141 Notice of Appeal - Interlocutory, 98 Jury Selection, Set Hearings, 186 Order, 164 Letter, 56 Order to Continue - Ends of Justice, 38 Letter, 128 Status Conference, 81 Letter, 46 Order to Continue - Ends of Justice, 166 Order, 52 Order, 138 Letter, 140 Order on Motion for Bond, 40 Letter, 104 Notice (Other), Notice (Other), 44 Letter, 91 Letter, 58 Order to Continue - Ends of Justice For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. (Duong, Susan) (Entered: 10/27/2005)
10/26/2005193 Letter MOTION to Continue - To request an adjournment of the sentencing of NAT SCHLESINGER which is currently scheduled for 10/28/05. Filed by Nat Schlesinger. (Coleman, Laurie) (Entered: 10/28/2005)
10/26/2005  ENDORSED ORDER Re: 193 Letter Application requesting to adjourn NAT SCHLESINGER'S sentencing currently scheduled for 10/28/05. Application GRANTED. Sentencing is adjourned to 12/9/05 at 10:00 a.m. (Signed by Judge Arthur D. Spatt on 10/26/05). EOD #193. C/ECF. (Coleman, Laurie) (Entered: 10/28/2005)
10/26/2005197 JUDGMENT as to HERMAN NIEDERMAN (2) 1s; The defendant pleaded guilty to Count One (Single Count Information). The defendant is hereby sentenced to Probation for a term of one (1) year. Additional Probation Terms: 1. The defendant is to report one (1) time per month, by mail, to the Probation Department commencing on 9/16/05. 2. The defendant is to pay a Fine in the sum of $5,000.00 to the U.S. Attorney's Office, 147 Pierrepont Street, Brooklyn, NY 11201 within thirty (30) days from 9/16/05. Criminal Monetary Penalties: The defendant must a Special Assessment in the lump sum amount of $100.00, due immediately. The defendant must pay a $5,000.00 Fine. Superseding Indictment is dismissed on the motion of the United States. (Signed by Judge Arthur D. Spatt on 10/26/05). C/ECF. (Coleman, Laurie) (Entered: 11/01/2005)
10/28/2005195 First MOTION to Continue defendant Schlesigner's sentencing by USA as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc.. (Ferazani, Lawrence) (Entered: 10/28/2005)
11/17/2005199 ORDER Re: Govt's 195 Letter Application requesting to adjourn the Sentencing of NAT SCHLESINGER currently scheduled for 12/9/05 at 10:30 a.m. Application GRANTED. Sentencing adjourned to 12/23/05 at 9:30 a.m. (Signed by Judge Arthur D. Spatt on 11/17/05). C/ECF. (Coleman, Laurie) (Entered: 11/18/2005)
11/17/2005  Set/Reset Hearings as to NAT SCHLESINGER: Sentencing set for 12/23/2005 at 9:30 a.m. before Senior-Judge Arthur D. Spatt. (Coleman, Laurie) (Entered: 11/18/2005)
11/18/2005200 USCA Scheduling Order# 1 as to Nat Schlesinger re 191 Notice of Appeal - Interlocutory, Appeal Record due by 12/5/2005. Defendant Brief due by 1/4/2006. Government Brief due by 2/3/2006. Argument of the appeal shall be heard no earlier than the week of 3/20/06. USCA# 05-5839-cr. (Duong, Susan) (Entered: 11/21/2005)
12/16/2005201 Letter from DOUGLAS T. BURNS to HON. ARTHUR D. SPATT Regarding REQUESTING SENTENCING ADJOURNMENT (Burns, Douglas) (Entered: 12/16/2005)
12/19/2005202 ORDER Re: 201 Letter Application requesting an adjournment of NAT SCHLESIGNER'S sentencing currently scheduled for 12/23/05 at 10:30 a.m. Application GRANTED. Sentencing is adjourned to 2/24/06 at 10:30 a.m. (Signed by Judge Arthur D. Spatt, on 12/19/05). C/ECF. (Coleman, Laurie) (Entered: 12/20/2005)
02/03/2006203  MOTION for New Trial based on newly discovered evidence by Nat Schlesinger. (Attachments: # 1 affirmation of Michael L. Soshnick in support of rule 33 motion# 2 memorandum of law in support of rule 33 motion# 3 Exhibit exhibit "A", Part 1# 4 Exhibit exhibit "A", Part 2# 5 Exhibit exhibit "B", notice of non-electronic filing & certificate of service of CDs upon government# 6 Exhibit exhibit "C", affidavit of ganz# 7 Exhibit exhibit "D", rabbi gruber, beis din# 8 Exhibit exhibit "E", kestenbaum affidavit# 9 Exhibit exhibit "F", friedman affidavit# 10 Exhibit exhibit "G", endzwerg affidavit# 11 Exhibit exhibit "H" flagg affidavit# 12 Exhibit exhibit "I", dabrowsky affidavit)(Soshnick, Michael) (Entered: 02/03/2006)
02/07/2006204 LETTER dated 2/3/06 from Michael L. Soshnick to the Court Re: A Motion was electronically filed on 2/3/06. Exhibit B thereof consists of compact discs that, obviously, could not be electronically filed. Those CD exhibits are contained herein for inclusion in the case file. A copy of the compact discs also has been provided under separate cover to both Judge Spatt and the United States Attorney's Office. (Coleman, Laurie) (Entered: 02/10/2006)
02/07/2006205 NOTICE in Support of 203 Motion for a New Trial by Nat Schlesinger - Compact Discs for the Transcript of September 8, 2005 Conversation in Regard to the above-captioned matter. (Original discs filed in case folder 02-CR-485 in the Clerk's Office, labeled: Sept 9 (A) Shirt, Sept 9 (B) Shirt, Sept 8 (A) Briefcase, Sept 8 (B) Briefcase and Supplement to Both Tapes). (Coleman, Laurie) (Entered: 02/10/2006)
02/21/2006206 Letter TO HON. SPATT REQUESTING SENTENCING ADJOURNMENT as to Nat Schlesinger (Burns, Douglas) (Entered: 02/21/2006)
02/21/2006207 Letter objecting to adjournment of defendant's sentencing as to Nat Schlesinger, Goodmark Industries, Inc. (Ferazani, Lawrence) (Entered: 02/21/2006)
02/22/2006208 ORDER Re: 206 Letter requesting an adjournment of NAT SCHLESINGER'S sentencing currently scheduled for 2/24/06 at 10:30 a.m. Final extension. Sentencing is adjourned to 5/12/06 at 9:30 a.m. No further adjournments will be granted. (Signed by Judge Arthur D. Spatt on 2/22/06). C/ECF. (Coleman, Laurie) (Entered: 03/01/2006)
02/22/2006  Set/Reset Hearings as to NAT SCHLESINGER: SENTENCING set for 5/12/2006 at 9:30 a.m. before Senior-Judge Arthur D. Spatt. (Coleman, Laurie) (Entered: 03/01/2006)
03/03/2006209 Letter asking court to determine motion without responsive papers or to fix a firm date for response as to Nat Schlesinger (DiLuzio, Adrian) (Entered: 03/03/2006)
03/06/2006210 First MOTION for Extension of Time to File Response/Reply to defendant's Rule 33 motion by USA as to Nat Schlesinger, Goodmark Industries, Inc.. (Ferazani, Lawrence) (Entered: 03/06/2006)
03/06/2006211 LETTER dated 3/6/06 from Jeffrey J. Amato, Law Clerk to the Honorable Arthur D. Spatt, to Lawrence Philip Feranzi, Jr., AUSA Re: The Court has received the enclosed letter, dated 3/3/06, from Nat Schlesinger's counsel Adrian DiLuzio, Esq., that indicates no response has been submitted to the defendant's pending motion under Rule 33 of the Federal Rules of Criminal Procedure. According to the docket, the motion was filed on 2/3/06. If the government fails to respond to the motion within ten days of the date of this letter, the Court will consider the government in default of this motion.(Coleman, Laurie) (Entered: 03/06/2006)
03/06/2006215 ORDER as to NAT SCHLESINGER Re: 209 Letter asking the court to determine defendant's Rule 33 motion without the Government's responsive papers or to fix a firm date for response - Oral argument on the motion is set for 4/14/06 at 9:30 a.m. Sentencing will remain on 5/12/06 at 9:30 a.m. (Signed by Judge Arthur D. Spatt on 3/6/06). (Coleman, Laurie) (Entered: 03/23/2006)
03/07/2006212 ORDER Re: 210 Letter Application seeking the Court's permission for an extension of time, until 3/31/06, to respond to the defendant's motion submitted pursuant to Rule 33. So Ordered. (Signed by Judge Arthur D. Spatt on 3/7/06). C/ECF. (Coleman, Laurie) (Entered: 03/14/2006)
03/22/2006213 Letter asking for date to review bail and for different date for oral argument on Rule 33 motion as to Nat Schlesinger (DiLuzio, Adrian) (Entered: 03/22/2006)
03/23/2006214 Letter in response to the defendant's March 22, 2006 letter as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. (Ferazani, Lawrence) (Entered: 03/23/2006)
03/27/2006230 MINUTE ENTRY as to NAT SCHLESINGER; Case called before Judge Arthur D. Spatt on 3/27/06 at 2:20 p.m., for Criminal Cause for BAIL APPLICATION. Defendant Nat Schlesinger present in custody with retained counsel Adrian L. DiLuzio, Michael Soshnick, Jeremy Gutman. Govt: Lawrence Ferazani, AUSA. Deputy Clerk: Mary Ellen Schaffner. Court Reporter: Harry Rapaport. Case called. OTHER: Re Letter dated 3/22/06. Bail denied without prejudice to renewal until after the defendant's Motion for a New Trial is decided. (Coleman, Laurie) (Entered: 05/02/2006)
03/31/2006216 Letter Opposition to the defendant's Second Rule 33 Motion and Appendix as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. (Attachments: # 1 Appendix)(Ferazani, Lawrence) (Entered: 03/31/2006)
04/03/2006222 LETTER dated 4/3/06 from Jeremy Gutman to Judge Spatt Re: To request that the Court direct the MDC to address Mr. Schlesigner's medical concerns and to take necessary measures to enable him to observe orthodox Chassidic dietary laws, particularly during the upcoming Passover holiday, in a manner that will not jeopardize his health. (Coleman, Laurie) (Entered: 04/21/2006)
04/04/2006217 LETTER dated 4/4/05 from Jeffrey J. Amato, Law Clerk to the Honorable Arthur D. Spatt, to Jeremy Gutman, Esq. Re: The Court is in receipt of your letter, dated 4/3/06, in which you request that the Court "direct the [Metropolitan Detention Center] to address Mr. Schlesinger's medical concerns and to take necessary measures to enable him to observe the orthodox Chassidic dietary laws...." This Court does not have the authority to "direct" the officials at the MDC to do anything, but can only redirect such complaints to the appropriate officials at the Bureau of Prisons for their consideration. Accordingly, the Court will request that the officials at the MDC and the Bureau of Prisons consider the concerns you have raised regarding the medical and religious needs of mr. Schlesigner, I have attached a copy of the letter being sent to the Warden of the MDC. SEE Letter for further details. (Attachments: # 1 Letter dated 4/5/06 from Arthur D. Spatt, United States District Judge, to Warden P. M. Laird)(Coleman, Laurie) (Entered: 04/05/2006)
04/12/2006218 Letter regarding denial of food consistent with religious dictates as to Nat Schlesinger (Gutman, Jeremy) (Entered: 04/12/2006)
04/12/2006219 LETTER dated 4/12/06 from Jeffrey J. Amato, Law Clerk to the Honorable Arthur D. Spatt, to Jeremy Gutman, Esq. Re: Judge Spatt has asked me to advise you that he thought that Warden Laird's response to Mr. Schlesinger's request was very appropriate. Further, Judge Spatt has asked me to advise you that he can no longer be involved in Mr. Schlesinger's conditions of incarceration in the context of his criminal case. You will have to pursue any further remedies in this area in other avenues that may be available to you. (Coleman, Laurie) (Entered: 04/12/2006)
04/14/2006220 REPLY TO RESPONSE to Motion Nat Schlesinger re 203 MOTION for New Trial based on newly discovered evidence (Attachments: # 1 Exhibit letter of sam schlesinger# 2 Exhibit loan agreement# 3 Exhibit financing statement# 4 Exhibit ucc# 5 Exhibit dun & bradstreet# 6 Affidavit david hasskamp# 7 Affidavit dennis baumann# 8 Affidavit keith bjella# 9 Affidavit jacob schwartz# 10 Affidavit doron zanani# 11 Affidavit joseph schvimmer# 12 Affidavit morris gelbstein# 13 Affidavit berish schvimmer# 14 Affidavit sarah rosenfeld# 15 reply memorandum of law to government's opposition to rule 33 motion)(Soshnick, Michael) (Entered: 04/14/2006)
04/18/2006221 Certificate of Service by USA as to Nat Schlesinger PROCESS RECEIPT and RETURN, showing that the Legal Notice was published on March 3, March 10, and March 17, 2006. (Affidavit Attached) (Lunger, Richard) (Entered: 04/18/2006)
04/21/2006223 ORDER as to Nat Schlesinger scheduling an evidentiary hearing for the issues involved in this motion for a new trial on April 28, 2006, at 10:30 a.m. in Courtroom 1020, Long Island Federal Courthouse, Central Islip, New York. Ordered by Judge Arthur D. Spatt on April 21, 2006. (Amato, Jeffrey) (Entered: 04/21/2006)
04/21/2006224 ORDER - It is hereby ORDERED, that an evidentiary hearing has been set for the issues involved in this motion for a new trial on 4/28/06 at 10:30 a.m. in Courtroom 1020, Long Island Federal Courthouse, Central Islip, New York; and it is further ORDERED, that at the hearing the government is directed to make available any Assistant United States Attorney or Agent that the defendant seeks to quesion with regard to alleged Giglio violation. (Signed by Judge Arthur D. Spatt on 4/21/06). (Coleman, Laurie) (Entered: 04/22/2006)
04/21/2006231 MINUTE ENTRY as to NAT SCHESINGER; Case called before Judge Arthur D. Spatt on 4/21/06 from 9:55/10:00 a.m., for Criminal Cause for MOTION. Defendant Nat Schlesinger present in custody with retained counsel Michael Soshnick, Jeremy Gutman, Adrian DiLuzio. Govt: Lawrence Ferazani, AUSA, Cynthia Monaco, AUSA, Richard Lunger, AUSA. Deputy Clerk: Mary Ellen Schaffner. Court Reporter: Harry Rapaport. Case called. OTHER: Israel Schwimmer/testify. Defendant's bail application is denied without prejudice for the reasons stated on the record. Court to all parties that they are on notice to prepare for sentencing scheduled for 5/12/06 at 9:30 a.m. Hearing is adjourned to 4/28/06 at 10:30 a.m. (Coleman, Laurie) Modified on 5/3/2006 to correctly reflect a sentence date of 5/12/06 (not 4/12/06 as previously indicated). (Coleman, Laurie). (Entered: 05/02/2006)
04/21/2006  NOTICE: Counsel is advised that the 231 Minute Entry, dated 4/21/06 contained a clerical error as to Nat Schlesinger's scheduled Sentence date. The Minute Entry erroneously indicated that the scheduled date of Nat Schlesinger's Sentencing was 4/12/06, the correct date for Nat Schlesinger's Sentencing is 5/12/06 at 9:30 a.m. The 231 Minute Entry has been modified accordingly.(Coleman, Laurie) (Entered: 05/03/2006)
04/25/2006225 Letter responding to the defendant's letter dated April 24th and objecting to production of certain witnesses/ documents as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. (Ferazani, Lawrence) (Entered: 04/25/2006)
04/25/2006226 Letter requesting production of witnesses and other documents at hearing on Rule 33 motion as to Nat Schlesinger (DiLuzio, Adrian) (Entered: 04/25/2006)
04/26/2006227 Letter regarding travel to MDC as to Nat Schlesinger (Gutman, Jeremy) (Entered: 04/26/2006)
04/26/2006228 Letter reply to government's opposition to defendant's request for witnesses pursuant to Court's order, dated April 21, 2006 as to Nat Schlesinger (DiLuzio, Adrian) (Entered: 04/26/2006)
04/26/2006229 Letter responding to defendant's letter dated 04/26/06 as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. (Ferazani, Lawrence) (Entered: 04/26/2006)
04/27/2006235 MINUTE ENTRY as to NAT SCHLESINGER. Case called before Judge Arthur D. Spatt on 4/27/06 at 4:30 p.m., for Criminal Cause for Telephone Conference. Defendant not present. Appearance for Defendant: Adrian DiLuzio, retained. Govt: Lawrence Ferazani, AUSA. Deputy Clerk: Mary Ellen Schaffner. Court Reporter: Dominick Tursi. Case called. OTHER: Mr. DiLuzio does not have expressed consent from Mr. Schlesinger to waive his appearance for this telephone conference. Call terminated by the Court. (Coleman, Laurie) (Entered: 05/05/2006)
04/28/2006245 MINUTE ENTRY as to NAT SCHLESINGER. Case called before Judge Arthur D. Spatt on 4/28/06 at 11:10 a.m., for Criminal Cause for HEARING. Defendant present in custody with retained counsel Jeremy Gutman, Adrian DiLuzio, Michael Shoshnick. Govt: Lawrence Ferazani, AUSA, Cynthia Monaco, AUSA. Yiddish Interpreter: Abraham Brawer, affirmed. William D. Wexler, Esq. for Israel Schwimmer. Case called. Defendant appears with counsel. Hearing for defendant adjourned to 5/8/06 at 10:00 a.m. OTHER: Witness Israel Schwimmer continues testimony. (Coleman, Laurie) (Entered: 05/16/2006)
05/01/2006  The parties are directed to submit letter briefs on the issue of attorney client privilege by 5/3/2006. Ordered by Judge Arthur D. Spatt on May 1, 2006. (Amato, Jeffrey) (Entered: 05/01/2006)
05/03/2006232 Letter TO HON. SPATT REQUESTING DOUGLAS T. BURNS AND RANDY SCOTT ZELIN TO BE RELIEVED AS COUNSEL as to Nat Schlesinger (Burns, Douglas) (Entered: 05/03/2006)
05/03/2006233 Letter regarding attorney-client privilege issue as to Nat Schlesinger (Gutman, Jeremy) (Entered: 05/03/2006)
05/03/2006234 Letter addressing production of government files and witnesses, as well as possible Rule 15 motion, along with clarification as to existence of 3 prongs to defendant's rule 33 motion as to Nat Schlesinger (DiLuzio, Adrian) (Entered: 05/03/2006)
05/05/2006237 LETTER dated 5/4/06 from George A. Farkas to Judge Spatt Re: Our client was subpoenaed to appear at a hearing before the Court by Michael Soshnick, Esq. I am available to accompany my client as originally agreed to by Mr. Soshnick on 5/12/06. (Coleman, Laurie) (Entered: 05/08/2006)
05/05/2006  ORDER Re: 237 Letter advising that George Farkas will not be available to accompany his client, Abraham Lichtenstein, before the Court on 5/8/06 - Mr. Lichtenstein shall appear if he was properly served with a subpoena, or may move to quash the subpoena. (Signed by Judge Arthur D. Spatt on 5/5/06). C/M. (Coleman, Laurie) (Entered: 05/08/2006)
05/08/2006236 Letter Regarding Sentencing as to Nat Schlesinger (Fahringer, Herald) (Entered: 05/08/2006)
05/08/2006246 MINUTE ENTRY as to NAT SCHLESINGER. Case called before Judge Arthur D. Spatt on 5/8/06 at 11:15 a.m., for Criminal Cause for HEARING. Defendant present in custody with retained counsel Michael Shoshnick, Adrian DiLuzio, Jeremy Gutman. Govt: Lawrence Ferazani, AUSA, Cynthia Monaco, AUSA. Deputy Clerk: Mary Ellen Schaffner. Court Reporter: Paul Lombardi. Case called. Defendant appears with counsel. OTHER: Witnesses sworn/testify. Hearing to continue 5/16/06 - 5/18/06 at 10:00 a.m. and continue on 5/22/06 and 5/23/06 at 10:00 a.m., if necessary. Setence date is adjourned from 5/12/06 to 6/27/06 at 10:00 a.m. (Coleman, Laurie) (Entered: 05/16/2006)
05/10/2006238 AFFIDAVIT by Nat Schlesinger (Burns, Douglas) (Entered: 05/10/2006)
05/10/2006239 Letter regarding testimony of Susan Necheles and requesting the Court reconsider its order to compel SA Hohimer to appear on May 16th as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. (Attachments: # 1)(Ferazani, Lawrence) (Entered: 05/10/2006)
05/11/2006240 Letter replying to government's letter regarding attorney-client privilege issue as to Nat Schlesinger (Gutman, Jeremy) (Entered: 05/11/2006)
05/11/2006244 ORDER Re: 238 Letter Application by Randy Scott Zelin and Douglas T. Burns requesting to withdraw as counsel to NAT SCHLESINGER in this matter. So Ordered. (Signed by Judge Arthur D. Spatt on 5/11/06). (Coleman, Laurie) (Entered: 05/15/2006)
05/11/2006  ATTORNEY UPDATE in case as to NAT SCHLESINGER. Attorney Douglas T. Burns and Randy Scott Zelin terminated. SEE 244 Order of Judge Arthur D. Spatt, dated 5/11/06. (Coleman, Laurie) (Entered: 05/15/2006)
05/12/2006241 Letter response to government's request that Court not require production of a witness & defendant's request for production of documents and order for defense witness to appear as to Nat Schlesinger (DiLuzio, Adrian) (Entered: 05/12/2006)
05/12/2006242 Letter Requesting Transcript of Sealed In Camera Proceeding as to Nat Schlesinger (Monaco, Cynthia) (Entered: 05/12/2006)
05/12/2006243 Letter responding to the defendant's letter dated today regarding SBA Special Agent Hohimer as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. (Ferazani, Lawrence) (Entered: 05/12/2006)
05/13/2006251 ORDER Re: The Government's 242 Letter requesting transcript of sealed in camera proceeding as to Nat Schlesinger. So Ordered. (Signed by Judge Arthur D. Spatt on 5/13/06). (Coleman, Laurie) (Entered: 06/05/2006)
05/16/2006249 MINUTE ENTRY as to NAT SCHLESINGER (1). Case called before Judge Arthur D. Spatt on 5/16/06 at 10:20 a.m., for Criminal Cause for HEARING. Defendant Nat Schlesinger present in custody with retained counsel Adrian DiLuzio, Michael Soshnick and Jeremy Gutman. Govt: Lawrence Ferazani, AUSA, Cynthia Monaco, AUSA. Deputy Clerk: Mary Ellen Schaffner. Court Reporter: Paul Lombardi. Case called. Defendant appears with counsel. Hearing adjourned to 5/22/06 at 10:00 a.m. OTHER: Court's Rulings on the record. Susan Necheles sworn/testifies. (Coleman, Laurie) (Entered: 05/26/2006)
05/19/2006247 Letter requesting ruling on permissibility of calling Roger Adler, Esquire, as a witness in light of preclusion order that may cover him as well as to Nat Schlesinger (DiLuzio, Adrian) (Entered: 05/19/2006)
05/19/2006248 Letter addressing legal issues related to evidence of perjury by a trial witness as to Nat Schlesinger (Gutman, Jeremy) (Entered: 05/19/2006)
05/22/2006252 Minute Entry for proceedings held before Arthur D. Spatt : Defendant Nat Schlesinger present, in custody with retained counsel: Adrian DiLuzio, Michael Sosnick and Jeremy Gutman. Government: Lawrence Ferazani and Cynthia Monaco. Criminal Hearing as to Nat Schlesinger held on 5/22/2006 at 10:45 am. Hearing continued. Witnesses sworn/testify. Status conference/hearing for deft Nat Schlesinger adjourned to 5/30/06 at 10:30 am. (Court Reporter Perry Auerbach.) (Ryan, Mary) (Entered: 06/08/2006)
05/22/2006  Set/Reset Hearings as to Nat Schlesinger: Evidentiary Hearing set for 5/30/2006 10:30 AM before Senior-Judge Arthur D. Spatt. (Ryan, Mary) (Entered: 06/08/2006)
05/30/2006250 Letter Regarding Sentencing Submission as to Nat Schlesinger (Fahringer, Herald) (Entered: 05/30/2006)
06/08/2006306 LETTER dated 6/5/06 from Lawrence P. Ferazani, Jr., AUSA, to Judge Spatt Re: The Government submits the following exhibit list in connection with the hearing concluded on 5/30/06. (Coleman, Laurie) (Entered: 08/10/2006)
06/20/2006253 Letter in opposition to the defendant's Motion for a New Trial pursuant to Rule 33 as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. (Ferazani, Lawrence) (Entered: 06/20/2006)
06/20/2006254 RESPONSE in Support Nat Schlesinger re 203 MOTION for New Trial based on newly discovered evidence Post-hearing Memorandum (Soshnick, Michael) (Entered: 06/20/2006)
06/21/2006255 ORDER Re: 250 Letter inquiring as to whether it would be acceptable to submit NAT SCHLESINGER'S sentencing memoradum on 6/20/06. Application granted. (Signed by Judge Arthur D. Spatt on 6/3/06). (Coleman, Laurie) Modified on 6/21/2006 (Coleman, Laurie). (Entered: 06/21/2006)
06/23/2006256 Letter Regarding Sentencing as to Nat Schlesinger (Fahringer, Herald) (Entered: 06/23/2006)
06/26/2006261 ORDER Re: 256 Letter requesting permission to file NAT SCHLESINGER'S sentencing memorandum by 6/29/06. So Ordered. (Signed by Judge Charles P. Sifton on 6/26/06). (Coleman, Laurie) (Entered: 07/08/2006)
06/30/2006257 SENTENCING MEMORANDUM by Nat Schlesinger as to Nat Schlesinger, Goodmark Industries, Inc. (Fahringer, Herald) (Entered: 06/30/2006)
06/30/2006258 Letter Regarding Sentencing Memorandum as to Nat Schlesinger (Fahringer, Herald) (Entered: 06/30/2006)
07/05/2006259 NOTICE EXHIBIT "A" TO NAT SCHLESINGER'S SENTENCING MEMORANDUM by Nat Schlesinger re 257 Sentencing Memorandum (Fahringer, Herald) (Entered: 07/05/2006)
07/07/2006260 Letter in opposition to the defendant's sentencing submission as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. (Attachments: # 1 Appendix Defendant's Prior Conviction# 2 Appendix Government's October 18, 2005 submission)(Ferazani, Lawrence) (Entered: 07/07/2006)
07/10/2006262 Letter Regarding Adjournment of Sentencing as to Nat Schlesinger (Fahringer, Herald) (Entered: 07/10/2006)
07/10/2006266 LETTER dated 7/3/06 from Nat Schlesinger to Judge Spatt Re: To request your Chambers provide me with the motion that was granted to seal the indictment and reason for such, after indictment was tranferred from Grand Jury to your Honor. (On or about April 2002). (Coleman, Laurie) (Entered: 07/19/2006)
07/11/2006263 ORDER Re: 262 Letter Application requesting to adjourn the 7/13/06 Sentencing as to NAT SCHLESINGER. Sentencing adjourned to Monday 7/24/06 at 10:00 a.m. No further adjournments. (Signed by Judge Arthur D. Spatt, on 7/11/06). (Coleman, Laurie) (Entered: 07/17/2006)
07/12/2006267 LETTER dated 7/12/06 from Jeffrey J. Amato, Law Clerk to the Honorable Arthur D. Spatt, to Jeremy L. Gutman, Esq. and Lawrence Philip Feranzani, Jr., AUSA Re: The Court has received the attached communication from the defendant Nat Schlesinger, Judge Spatt has asked me to forward it to you for a response. (Coleman, Laurie) (Entered: 07/19/2006)
07/17/2006264 MEMORANDUM OF DECISION AND ORDER - ORDERED, that the defendant's motion for a new trial is DENIED in all respects. (Signed by Judge Arthur D. Spatt on 7/17/06). (Coleman, Laurie) (Entered: 07/18/2006)
07/17/2006272 Letter from Ishak Fried to Honorable Judge Spett, as to Nat Schlesinger, dated 7/10/06 re: To request to "be in jail for one week and let Nat Schlesinger free for one week." (Attachments: # 1 Envelope)(Fagan, Linda) (Entered: 07/21/2006)
07/18/2006265 Letter requesting court to direct disclosure, pursuant to Brady v. Maryland, as to Nat Schlesinger, Goodmark Industries, Inc. (Gutman, Jeremy) (Entered: 07/18/2006)
07/18/2006271 Letter from Lawrence P. Ferazani, Jr. to The Honorable Arthur D. Spatt, as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc., dated 7/14/06 re: To respond to the Court's request regarding the motion to seal the original indictment in the above-captioned matter. (Fagan, Linda) (Entered: 07/21/2006)
07/20/2006268 Letter requesting stay of forfeiture and restitution pending appeal as to Nat Schlesinger (Gutman, Jeremy) (Entered: 07/20/2006)
07/20/2006269 Letter from Jeffrey J. Amato, Law Clerk to Hon. Arthur D. Spatt to Messrs. Fahringer and Ferazani dated 7/20/06 Re: Judge Spatt has received the attached communication from Ishak Fried and has asked that a copy be sent to counsel. (Valle, Christine) (Entered: 07/20/2006)
07/20/2006270 Letter from Jeffrey J. Amato, Law Clerk to Hon. Arthur D. Spatt to Mr. Fahringer, Esq. dated 7/20/06 Re: To advise that on 7/10/06, the Court received a pro se letter written by dft Nat Schlesinger requesting disclosure of the govt's motion to seal his indictment. Enclosed is the letter for your review. (Valle, Christine) (Entered: 07/20/2006)
07/21/2006273 Letter in opposition to defendant's application for a stay of forfeiture and restitution orders as to Nat Schlesinger, Goodmark Industries, Inc. (Lunger, Richard) (Entered: 07/21/2006)
07/24/2006274 Third MOTION for New Trial (with affirmation of counsel) by Nat Schlesinger, Goodmark Industries, Inc.. (Gutman, Jeremy) (Entered: 07/24/2006)
07/24/2006275 RESPONSE in Support Nat Schlesinger, Goodmark Industries, Inc. re 274 MOTION for New Trial (Memorandum of Law) (Gutman, Jeremy) (Entered: 07/24/2006)
07/24/2006276 NOTICE Reply in Further Support of his Sentencing Memorandum by Nat Schlesinger (Fahringer, Herald) (Entered: 07/24/2006)
07/24/2006277 RESPONSE in Opposition Nat Schlesinger, Goodmark Industries, Inc. re 274 MOTION for New Trial (Ferazani, Lawrence) (Entered: 07/24/2006)
07/24/2006278 SENTENCING MEMORANDUM by USA as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. (Ferazani, Lawrence) (Entered: 07/24/2006)
07/25/2006  Letter Objecting to the Prosecutor's Submission of an Unauthorized Surreply and Seeking a Brief Adjournment of the Sentencing so that Counsel can Investigate Potential Constitutional Issues Recently Raised by the Defendant as to Nat Schlesinger (Fahringer, Herald) (Entered: 07/25/2006)
07/25/2006279 Letter Objecting to the Prosecutor's Submission of an Unauthorized Surreply and Seeking a Brief Adjournment of the Sentencing so that Counsel can Investigate Potential Constitutional Issues Recently Raised by the Defendant as to Nat Schlesinger (Fahringer, Herald) (Entered: 07/25/2006)
07/25/2006280 Letter objecting to the defendant's request for further delay in sentencing as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc. (Ferazani, Lawrence) (Entered: 07/25/2006)
07/25/2006307 ORDER Re: 279 Objecting to the Prosecutor's Submission of an Unauthorized Surreply and Seeking a Brief Adjournment of the Sentencing so that Counsel can Investigate Potential Constitutional Issues Recently Raised by the Defendant as to NAT SCHLESINGER - Application DENIED. (Signed by Judge Arthur D. Spatt on 7/25/06). (Coleman, Laurie) (Entered: 08/10/2006)
07/26/2006299 ORDER as to NAT SCHLESINGER - The Motion for a new trial is DENIED, in all respects. SEE Order for further details. (Signed by Judge Arthur D. Spatt on 7/26/06). (Coleman, Laurie) (Entered: 07/28/2006)
07/26/2006304 MINUTE ENTRY as to GOODMARK INDUSTRIES, INC.; Case called before Judge Arthur D. Spatt on 7/26/06 from 4:42 p.m. - 5:01 p.m., for Criminal Cause for SENTENCING. Defendant Goodmark Industries present with retained counsel Jeremy Gutman. Govt: Lawrence P. Ferazani, Jr., AUSA, Cynthia Monaco, AUSA, Richard T. Lunger, Jr., AUSA. Court Reporter: Dominick Tursi. Probation: Lisa Famularo. Courtroom Deputy: Mary Ellen Schaffner. Case called. Counsel for all parties present. Sentencing held. Court accepts facts in PSR. The Fine is waived based on the Defendant's inability to pay. Restitution is ordered: $7,525.566.60 joint and several with co-defendant Nat Schlesinger. Special Assessment is imposed in the sum of $9,600.00 to be paid immediately. Notes: Subject to Forfeiture - Attached to Order. (Coleman, Laurie) Modified on 8/11/2006 (Coleman, Laurie). (Entered: 08/10/2006)
07/26/2006308 MINUTE ENTRY as to NAT SCHLESINGER; Case called before Judge Arthur D. Spatt on 7/26/06 from 10:12 a.m. - 11:58 a.m., 12:10 p.m. - 12:38 p.m., 1:30 p.m. - 3:10 p.m., 3:23 p.m. - 4:42 p.m., for Criminal Cause for SENTENCING. Defendant Nat Schlesinger present in custody with retained counsel Jeremy Gutman, Herald Price Fahringer. Govt: Lawrence Ferazani, Jr., AUSA, Cynthia Monaco, AUSA, Richard T. Lunger, AUSA. Court Reporter: Dominick Tursi. Probation: James Fonti. Courtroom Deputy: Mary Ellen Schaffner. Case called. Sentencing held. Court accepts facts as revised in P.S.R. The defendant is Sentenced to one hundred and eighty (180) Months Imprisonment to be followed by three (3) Years of Supervised Release, Concurrently on each Count. The defendant is remanded to the custody of the United States Marshals. The Fine is waived based on the defendant's inability to pay. Restitution is Ordered: SEE J&C. Special Assessment is imposed in the sum of $3,200.00, to be paid immediately. The defendant is advised of the Right to Appeal. (Coleman, Laurie) (Entered: 08/12/2006)
07/27/2006281 TRANSCRIPT of Proceedings/Trial as to Nat Schlesinger held on April 12, 2005 before Judge Arthur D. Spatt. Court Reporter: Harry Rapaport. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/27/2006282 TRANSCRIPT of Proceedings/Trial as to Nat Schlesinger held on April 13, 2005 before Judge Arthur D. Spatt. Court Reporter: Harry Rapaport/Owen Wicker. (Mierzejewski, Elizabeth) Modified on 7/28/2006 (Mierzejewski, Elizabeth). (Entered: 07/28/2006)
07/27/2006283 TRANSCRIPT of Proceedings/Trial as to Nat Schlesinger held on April 14, 2005 before Judge Arthur D. Spatt. Court Reporter: Harry Rapaport/Owen Wicker. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/27/2006284 TRANSCRIPT of Proceedings/Trial as to Nat Schlesinger held on April 18, 2006 before Judge Arthur D. Spatt. Court Reporter: Harry Rapaport, Owen Wicker. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/27/2006285 TRANSCRIPT of Proceedings/Trial as to Nat Schlesinger held on April 19, 2005 before Judge Arthur D. Spatt. Court Reporter: Harry Rapaport, Owen Wicker. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/27/2006286 TRANSCRIPT of Proceedings/Trial as to Nat Schlesinger held on April 21, 2005 before Judge Arthur D. Spatt. Court Reporter: Harry Rapaport, Owen Wicker. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/27/2006287 TRANSCRIPT of Proceedings/Trial as to Nat Schlesinger held on May 2, 2006 before Judge Arthur D. Spatt. Court Reporter: Harry Rapaport, Owen Wicker. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/27/2006288 TRANSCRIPT of Proceedings/Trial as to Nat Schlesinger held on May 3, 2005 before Judge Arthur D. Spatt. Court Reporter: Harry Rapaport, Owen Wicker. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/27/2006289 TRANSCRIPT of Proceedings/Trial as to Nat Schlesinger held on May 4, 2005 before Judge Arthur D. Spatt. Court Reporter: Harry Rapaport, Owen Wicker. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/27/2006290 TRANSCRIPT of Proceedings/Trial as to Nat Schlesinger held on May 5, 2005 before Judge Arthur D. Spatt. Court Reporter: Harry Rapaport, Owen Wicker. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/27/2006291 TRANSCRIPT of Proceedings/Trial as to Nat Schlesinger held on May 9, 2005 before Judge Arthur D. Spatt. Court Reporter: Harry Rapaport, Owen Wicker. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/27/2006292 TRANSCRIPT of Proceedings/Trial as to Nat Schlesinger held on June 7, 2006 before Judge Arthur D. Spatt. Court Reporter: Harry Rapaport. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/27/2006293 TRANSCRIPT of HEARING as to Nat Schlesinger held on April 28, 2006 before Judge Arthur D. Spatt. Court Reporter: Dominick Tursi. (Mierzejewski, Elizabeth) Modified on 7/28/2006 (Mierzejewski, Elizabeth). (Entered: 07/28/2006)
07/27/2006294 TRANSCRIPT of HEARING as to Nat Schlesinger held on May 8, 2006 before Judge Arthur D. Spatt. Court Reporter: Paul J. Lombardi. (Mierzejewski, Elizabeth) Modified on 7/28/2006 (Mierzejewski, Elizabeth). (Entered: 07/28/2006)
07/27/2006295 TRANSCRIPT of HEARING as to Nat Schlesinger held on May 16, 2006 before Judge Arthur D. Spatt. Court Reporter: Paul J. Lombardi. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/27/2006296 TRANSCRIPT of Proceedings as to Nat Schlesinger held on May 22, 2006 before Judge Arthur D. Spatt. Court Reporter: Perry Auerbach. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/27/2006297 TRANSCRIPT of MOTION as to Nat Schlesinger held on March 27, 2006 before Judge Arthur D. Spatt. Court Reporter: Harry Rapaport. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/27/2006298 TRANSCRIPT of MOTION as to Nat Schlesinger held on April 21, 2006 before Judge Arthur D. Spatt. Court Reporter: Harry Rapaport. (Mierzejewski, Elizabeth) (Entered: 07/28/2006)
07/28/2006300 NOTICE OF APPEAL re 309 Judgment by Nat Schlesinger Filing fee $ 455, receipt number 1924928. (Fahringer, Herald) Modified on 8/14/2006 (Duong, Susan). (Entered: 07/28/2006)
07/28/2006301 NOTICE OF APPEAL 314 Judgment by Goodmark Industries, Inc. Filing fee $ 455, receipt number 1924950. (Fahringer, Herald) Modified on 8/31/2006 (Duong, Susan). (Entered: 07/28/2006)
07/28/2006  Electronic Index to Record on Appeal as to Nat Schlesinger sent to US Court of Appeals re 158 Designation of Record on Appeal, 154 Letter, 254 Response in Support, 111 First MOTION for Discovery Notice of Governments intention to introduce documents pursuant to FRE 902, 215 Order,, 79 Proposed Voir Dire, 191 Notice of Appeal - Interlocutory,, 139 Memorandum Opinion,, 249 Docket Call,,, 172 Letter,, 241 Letter, 258 Letter, 150 Letter,, 185 Response in Opposition,, 252 Evidentiary Hearing,, Order,, 151 MOTION for Forfeiture of Property /Memorandum of Law in Support of Findings of Fact on the Criminal Forfeiture Allegations and a Preliminary Order of Forfeiture Under Fed. R. Crim P. 32.2, 117 Jury Trial,,, Set Hearings,,, 276 Notice (Other), 195 First MOTION to Continue defendant Schlesigner's sentencing, 113 Jury Trial,,, 211 Letter,,, 76 Letter,, 65 Letter MOTION to Change Venue - Requesting that this case be transferred for trial to the Brooklyn Courthouse, with your Honor presiding, if acceptable. Filed, 170 Letter, 92 Letter, 78 Order on Motion for Change of Venue,,,, Order on Motion to Dismiss,,,, 269 Letter, 213 Letter, 75 Letter, 272 Letter, 102 Letter,, 60 First MOTION for Discovery, 173 Order,,, Set Deadlines/Hearings,,, 168 Order, 131 Order, 121 Letter, 82 Response to Motion, 275 Response in Support, 115 Jury Trial,, Set Hearings,, 246 Docket Call,,, 133 Order,, 208 Order,, 149 Exhibit List, 216 Letter, 136 Response in Opposition, 214 Letter, 178 Notice of Attorney Appearance - Defendant, 153 USCA Appeal Fees, 183 Letter, 218 Letter, 167 Letter,, 227 Letter, 201 Letter, 134 Letter, 222 Letter,, 176 Letter,, 49 Status Conference,,, Set Hearings,,, 105 Jury Trial,,, Set Hearings,,, 143 Bond Hearing,,, 152 MOTION for Forfeiture of Property /Proposed Preliminary Order of Forfeiture, 72 Response in Opposition, 207 Letter, 73 Response in Opposition, 169 Order,, 250 Letter, 260 Letter,, 112 Jury Trial,, 119 Notice (Other), 123 MOTION for Bond - Memorandum of Law in Support of Application for Bail Pending Sentence, 95 Witness List, 100 Notice (Other), 273 Letter, 262 Letter, 90 Motion Hearing,,, 235 Docket Call,,, 125 Jury Trial,, 174 Letter MOTION to Continue - To request additional time for NAT SCHLESINGER to move for a new trial pursuant to Rule 33(b)(2) (the "Rule 33 Motion"). Filed, 299 Order on Motion for New Trial, 233 Letter, 146 Letter,, 84 Letter MOTION to Travel - To request permission of the Court for NAT SCHLESINGER to travel to Jerusalem, Israel from 3/9/05 through 3/17/05. Filed, 39 Letter,, 220 Reply to Response,,, 193 Letter MOTION to Continue - To request an adjournment of the sentencing of NAT SCHLESINGER which is currently scheduled for 10/28/05. Filed, 231 Docket Call,,,, 62 Status Conference,,, 162 Letter, 141 Notice of Appeal - Interlocutory, 98 Jury Selection,, Set Hearings,, 248 Letter, 56 Order to Continue - Ends of Justice, 128 Status Conference,,, 46 Order to Continue - Ends of Justice, 2 Indictment (Sealed), Indictment (Sealed), 271 Letter,, 166 Order,, 181 Reply to Response,, 52 Order,, 200 USCA Scheduling Order,, 188 Order on Motion for Forfeiture of Property,,,, 237 Letter,, 138 Letter, 140 Order on Motion for Bond,, 104 Notice (Other), Notice (Other), 44 Letter,, 240 Letter, 251 Order, 210 First MOTION for Extension of Time to File Response/Reply to defendant's Rule 33 motion, 55 Status Conference,,, 223 Order on Motion for New Trial,, 85 Order on Motion to Travel, 161 Notice of Attorney Appearance - Defendant, 194 Order,, 74 First MOTION in Limine regarding crime-fraud exception, 103 Jury Selection,,, 130 Letter,, 77 Letter,, 80 Status Conference,, 212 Order on Motion for Extension of Time to File Response/Reply,, 163 USCA Acknowledgment, 228 Letter, 232 Letter, 243 Letter, 278 Sentencing Memorandum, 155 Bond Hearing,, 87 Letter, 63 Notice of Attorney Appearance - Defendant, 261 Order, 259 Notice (Other), 267 Letter,, 171 Response in Opposition,, 242 Letter, 253 Letter, 114 Jury Trial,,, 204 Letter,, 190 Objection to Presentence Investigation Report, 257 Sentencing Memorandum, 187 Letter, 226 Letter, 256 Letter, 135 Letter, 142 Order,, 99 Order on Motion in Limine,,,, 157 Letter, 127 Letter MOTION to Compel as to NAT SCHLESINGER - To Compel the Nassau County Correctional Center to: 1) Provide Nat Schlesinger with kosher meals; 2) Provide Nat Schlesinger with the medications listed herein; 3) Permit the Schlesinger family to brin, 245 Docket Call,,, 132 Order,, 180 Order,, 280 Letter, 274 Third MOTION for New Trial (with affirmation of counsel), 229 Letter, 70 Affidavit,, 177 Letter, 68 Notice of Attorney Appearance - USA, 209 Letter, 230 Bond Hearing,,, 120 Notice (Other), Notice (Other), 122 Notice of Attorney Appearance - Defendant, 184 Letter, 217 Letter,,,,, 265 Letter, 148 Letter,, 69 MOTION to Dismiss 1) Count One of the Indictment as improperly pleading a single conspiracy containing unrelated and time-barred events dating back to 1987, 1990 and 1991; 2) Dismissing Counts Twenty Two through Thirty Four of the Indictment on th, 106 Jury Trial,,, Set Hearings,,, 101 Letter, 145 Letter,, 255 Order,, 268 Letter, 147 Letter, 86 Letter,, 236 Letter, 225 Letter, 144 Letter MOTION to Continue - To request that the proceedings scheduled for 6/6/05 be adjourned until 6/8/05. filed, 224 Order,,, 116 Jury Trial,,, Set Hearings,,, 45 Status Conference,,,, 129 Jury Trial,,,,, 264 Order on Motion for New Trial, 108 Jury Trial,,, Set Hearings,,, 61 Notice of Attorney Appearance - Defendant, 1 Indictment (Sealed), 64 Letter,, 175 Order,, 247 Letter, 118 Notice (Other), 88 First MOTION to Compel defendant's notice of expert witness, 234 Letter, 266 Letter,, 189 Order on Motion to Continue,,,,,, 53 MOTION to Modify Conditions of Release, 94 First MOTION for Bond modification to restrict travel, 107 Jury Trial,,, Set Hearings,,, 179 Notice of Attorney Appearance - Defendant, 165 Letter, 124 Letter, 83 Proposed Voir Dire, 110 Second MOTION in Limine regarding defense expert, 164 Letter, 186 Order,, 263 Order, 160 Letter, 198 Docket Call,,,, 206 Letter, 238 Affidavit, 277 Response in Opposition, 38 Letter, 81 Letter, 203 MOTION for New Trial based on newly discovered evidence, 71 Response in Opposition,, 239 Letter, 126 Response in Opposition, 270 Letter,, 300 Notice of Appeal - Final Judgment, 244 Order, 199 Order,, 35 Letter,, 109 Jury Trial,,, Set Hearings,,, 202 Order,, Set Hearings,, 219 Letter,,, 40 Letter,, 91 Letter, 279 Letter, For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. (Romano, Daniel) (Entered: 08/03/2006)
08/02/2006302 GOVERNMENT TRIAL EXHIBITS by USA as to NAT SCHELSINGER - Exhibits 4/11/05. (Coleman, Laurie) (Entered: 08/02/2006)
08/02/2006314 JUDGMENT as to GOODMARK INDUSTRIES (3). The defendant was found guilty on Count(s) 1, 2-13, 14 & 15, 22-30. Criminal Monetary Penalties: The defendant must pay a Special Assessment in the total lump sum payment of $9,600.00, due immediately. The defendant must pay Restitution in the total sum of $7,525,566.60 same as co-defendant. Additional Terms for Criminal Monetary Penalties: 1. Goodmark Industries, Inc., is ordered to pay Restitution in the sum fof $7,525.566.60. The Retitution imposed is the same amount imposed upon the co-defendant, Nat Schlesigner and the payements are to be joint and several. 2. The defendant is subject to Forfeiture as ordered in this Court's Memorandum of Decision and Order dated 10/7/05 attached to this Judgment and Conviction Order. (Signed by Judge Arthur D. Spatt on 8/2/06). (Attachments: # 1 Memorandum of Decision and Order of 10/7/05) (Coleman, Laurie) (Entered: 08/30/2006)
08/04/2006309 JUDGMENT as to NAT SCHLESINGER (1); The defendant was found guilty on Count(s) 1-30, 33, 34 after a plea of not guilty. The defendant has been found not guilty on Count(s) 32. Count(s) 31 and the Underlying Indictment are dismissed on the motion of the United States. The defendant is hereby committed to the custody of the United States Bureau of Prisons to be Imprisoned for a total term of: Count 1 - Sixty (60) Months Concurrent with all Counts except Count 21. Count 16 - Sixty (60) Months Concurrent with all Counts except 21. Count 22 - Sixty (60) Months Concurrent with all Count except Count 21. Counts 2-15, 17-20, 23, 24, 26-30, 33 and 34 - Sixty (60) Months Concurrent on each Count except Count 21. Count 21 - Mandatory One Hundred and Twenty (120) Months Consecutive to all other Counts. The Court makes the following recommendations to the Bureau of Prisons: That the defendant be given credit for time already served from 5/18/05. That the defendant serve his sentence at Ft. Dix, N.J. That the defendant receive all necessary medical treatment and kosher food and any other consideration his Orthodox Religion would require. The defendant is remanded to the custody of the United States Marshals. Upon release from Imprisonment, the defendant shall be on Supervised Release for a term of Three (3) Years on each Count to run Concurrently. Additional Supervised Release Terms: 1. The defendant shall pay Restitution in the sum of $7,525,566.60 as to Count 1, 22 and 25. SEE J&C for Restitution payees. The Court determined that the defendant does not have the ability to pay interest and it is ordered that the interest requirement is waived for the Restitution. Restitution shall commence sixty (60) days from the release of the defendant from incarceration at a rate of 10% of the defendant's gross monthly income and is to continue monthly until the full amount of Restitution is paid even after the term of Supervised Release has terminated joint and several with co-defendant Goodmark Industries, Inc. (CR-02-485-03 (ADS). 2. The defendant is subject to this Court's Memorandum of Decision and Order dated 10/7/05 attached to this Judgment and Conviction Order. The defendant shall comply with the Restitution and Forfeiture Orders. 3. The defendant shall submit full financial disclosure at the direction of the Probation Department. Criminal Monetary Penalties: The defendant must pay a Special Assessment in the lump sum payment of $3,200, due immediately. (Signed by Judge Arthur D. Spatt on 8/4/06). (Coleman, Laurie) (Entered: 08/13/2006)
08/07/2006  Electronic Index to Record on Appeal as to Goodmark Industries, Inc. sent to US Court of Appeals re 210 MOTION for Extension of Time to File Response/Reply, 78 Order on Motion to Dismiss,,,, 71 Response in Opposition,, 122 Notice of Attorney Appearance - Defendant, 119 Notice (Other), 74 MOTION in Limine, 188 Order on Motion for Forfeiture of Property,,,, 115 Jury Trial,, Set Hearings,, 87 Letter, 35 Letter,, 165 Letter, 114 Jury Trial,,, 280 Letter, 207 Letter, 181 Reply to Response,, 273 Letter, 257 Sentencing Memorandum, 277 Response in Opposition, 151 MOTION for Forfeiture of Property /Memorandum of Law in Support of Findings of Fact on the Criminal Forfeiture Allegations and a Preliminary Order of Forfeiture Under Fed. R. Crim P. 32.2, 253 Letter, 275 Response in Support, 45 Status Conference,,,, 120 Notice (Other), Notice (Other), 160 Letter, 69 MOTION to Dismiss, 195 MOTION to Continue, 113 Jury Trial,,, 278 Sentencing Memorandum, 62 Status Conference,,, 117 Jury Trial,,, Set Hearings,,, 101 Letter, 92 Letter, 47 Order to Continue - Ends of Justice, 102 Letter,, 161 Notice of Attorney Appearance - Defendant, 95 Witness List, 55 Status Conference,,, 239 Letter, 110 MOTION in Limine, 109 Jury Trial,,, Set Hearings,,, 68 Notice of Attorney Appearance - USA, 73 Response in Opposition, 49 Status Conference,,, Set Hearings,,, 72 Response in Opposition, 116 Jury Trial,,, Set Hearings,,, 90 Motion Hearing,,, 107 Jury Trial,,, Set Hearings,,, 265 Letter, 154 Letter, 111 MOTION for Discovery, 229 Letter, 88 MOTION to Compel, 171 Response in Opposition,, 136 Response in Opposition, 225 Letter, 162 Letter, 108 Jury Trial,,, Set Hearings,,, 79 Proposed Voir Dire, 191 Notice of Appeal - Interlocutory,, 112 Jury Trial,, 214 Letter, 170 Letter, 126 Response in Opposition, 2 Indictment (Sealed), Indictment (Sealed), 274 MOTION for New Trial, 216 Letter, 105 Jury Trial,,, Set Hearings,,, 76 Letter,, 301 Notice of Appeal - Final Judgment, 185 Response in Opposition,, 177 Letter, 70 Affidavit,, 260 Letter,, 243 Letter, 58 Order to Continue - Ends of Justice, 184 Letter, 106 Jury Trial,,, Set Hearings,,, 152 MOTION for Forfeiture of Property, 271 Letter,, 51 Order to Continue - Ends of Justice For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. (Romano, Daniel) (Entered: 08/07/2006)
08/09/2006303 Letter Requesting Judicial Designation as to Nat Schlesinger (Fahringer, Herald) (Entered: 08/09/2006)
08/09/2006311 DESIGNATION OF RECORD ON APPEAL re 300 Notice of Appeal - Final Judgment forwarded to USCA including: original and 3 copies of the index, clerk's certificate and certified copy of the docket sheet. USCA# 05-3021. (Duong, Susan) (Entered: 08/14/2006)
08/09/2006315 DESIGNATION OF RECORD ON APPEAL re 301 Notice of Appeal - Final Judgment forwarded to USCA including: original and 3 copies of the index, clerk's certificate and certified copy of the docket sheet. USCA# 05-3021. (Duong, Susan) (Entered: 08/31/2006)
08/10/2006305 NOTICE of COMPACT DISCS for the Transcript of 9/8/05 conversation in regard to the above-captioned matter. (Sept 8 (A) Briefcase; Sept 8 (B) Briefcase; Sept 9 (A) Shirt; Sept 9 (B) Shirt; and Supplement to Both Tapes). (Coleman, Laurie) (Entered: 08/10/2006)
08/10/2006313 ORDER Re: 303 Letter requesting that the Court include, in the Judgment, a recommendation that NAT SCHLESINGER be incarcerated at Otisville. So Ordered. (Signed by Judge Arthur D. Spatt on 8/10/06). (Coleman, Laurie) (Entered: 08/30/2006)
08/14/2006310 Letter seeking Amendment of the Judgment to include a Judicial Recommendation to FCI Otisville as to Nat Schlesinger (Fahringer, Herald) (Entered: 08/14/2006)
08/14/2006  1st Supplemental Electronic Index to Record on Appeal as to Nat Schlesinger sent to US Court of Appeals re 309 Judgment, For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. (Duong, Susan) (Entered: 08/14/2006)
08/23/2006312 USCA Acknowledgment: index received as to Nat Schlesinger for 300 Notice of Appeal - Final Judgment filed by Nat Schlesinger,. USCA# 05-3021-cr. (Duong, Susan) (Entered: 08/28/2006)
08/31/2006  1st Supplemental Electronic Index to Record on Appeal as to Goodmark Industries, Inc. sent to US Court of Appeals re 314 Judgment, 306 Letter, 304 Sentencing, For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. (Duong, Susan) (Entered: 08/31/2006)
09/13/2006316 Letter regarding recommended prison designation as to Nat Schlesinger (Gutman, Jeremy) (Entered: 09/13/2006)
04/09/2007317 First MOTION to Alter Judgment by USA as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc.. (Monaco, Cynthia) (Entered: 04/09/2007)
04/09/2007318 First MOTION to Alter Judgment This filing is a duplicate of the motion filed earlier today, but contains all referenced attachments. by USA as to Nat Schlesinger, Herman Niederman, Goodmark Industries, Inc.. (Attachments: # 1 Exhibit Judgment as to Nat Schlesinger# 2 Exhibit Judgment as to Goodmark Industries, Inc.# 3 Exhibit Verdict Sheet# 4 Exhibit Transcript selection) (Monaco, Cynthia) (Entered: 04/09/2007)
05/16/2008319 MANDATE of USCA (certified copy) as to Nat Schlesinger, Goodmark Industries, Inc. re 300 Notice of Appeal - Final Judgment, 301 Notice of Appeal - Final Judgment. IT is hereby ORDERED, ADJUDGED and DECREED that the judgment of the district court be AFFIRMED. USCA No. 05-3021-cr, 05-5839-cr, 06-3551-cr, 06-3555-cr. A copy of Mandate forwarded to chambers. (Major, Jasmine) (Major, Jasmine) (Entered: 07/31/2008)
07/31/2008  Incorrect Case-Document Information filed. Docket entry #319 has been deleted,filed in error. (Major, Jasmine) (Entered: 07/31/2008)
09/02/2008320  MOTION for Reconsideration of the defendants motion pursuant to Rule 33 of the Fed. R. Crim. P.; and for the Recusal of the Trial Judge. Filed by Nat Schlesinger. (Coleman, Laurie) (Entered: 09/05/2008)
09/15/2008321 Letter requesting extension of time to respond to reconsideration motion as to Nat Schlesinger (Lunger, Richard) (Entered: 09/15/2008)
09/16/2008324 ORDER Re: The Government's 321 Letter requesting an extension of time to and including 9/29/08 to respond to defendant NAT SCHLESINGER's motion for reconsideration. So Ordered. (Signed by Senior Judge Arthur D. Spatt on 9/16/08). (Coleman, Laurie) (Entered: 10/07/2008)
09/26/2008322 Letter by United States Seeking Date of Trial Transcript from Defendant as to Nat Schlesinger (Lunger, Richard) (Entered: 09/26/2008)
09/27/2008323 ORDER Re: Government's 322 Letter as to NAT SCHLESINGER - The defendant Nat Schlesinger, is ordered to provide the Government with the date of the trial transcript from which he quotes, in writing, or on on before 10/15/08. The Government's time to respond to the motion is extended until 10/31/08. (Signed by Senior Judge Arthur D. Spatt on 9/27/08). (Coleman, Laurie) (Entered: 10/03/2008)
11/03/2008325 Letter by United States in Opposition to Motion for Reconsideration as to Nat Schlesinger (Lunger, Richard) (Entered: 11/03/2008)
11/04/2008326 Letter requesting permission for pro se defendant to file reply regarding motion to reconsider Rule 33 determination as to Nat Schlesinger (Gutman, Jeremy) (Entered: 11/04/2008)
11/04/2008327 ORDER re 326 Letter requesting permission for pro se defendant to file reply regarding motion to reconsider Rule 33 determination as to Nat Schlesinger. Request is SO ORDERED. Ordered by Senior Judge Arthur D. Spatt on 11/4/2008. (Glueckert, Lisa) (Entered: 11/12/2008)
11/17/2008328  MOTION for Extension of Time to File Response/Reply by Nat Schlesinger. (Gutman, Jeremy) (Entered: 11/17/2008)
11/19/2008335 ORDER Re: 328 Letter/Motion - It will not be possible for Mr. Schlesinger to submit his typed reply until I receive his handwritten letter in the mail this week. We request that the Court accept his reply letter for filing at that time. So Ordered. Signed by Senior Judge Arthur D. Spatt on 11/19/08. (Rcvd in docketing 11/16/09). (Coleman, Laurie) (Entered: 11/17/2009)
12/03/2008329 LETTER dated 12/4/08 from NAT SCHELSINGER to Judge Spatt Re: Defendant requests that this Court ignore the letter/motion submitted on 11/26/08 and that the Court permit this supplemental and replacement filing in lieu of that which is previously filed. (Attachments: # 1 Duplicative Copy) (Coleman, Laurie) (Entered: 12/30/2008)
01/14/2009330 MEMORANDUM OF DECISION AND ORDER - It is hereby ORDERED, that the Defendants motions for recusal and reconsideration of his Rule 33 motion are DENIED. (Signed by Senior Judge Arthur D. Spatt on 1/14/09). (Coleman, Laurie) (Entered: 01/15/2009)
01/26/2009331 NOTICE OF APPEAL by Nat Schlesinger re 330 Order on Motion for Reconsideration, Order on Motion for Recusal, Order on Motion for Extension of Time to File Response/Reply. No fee paid. (Romano, Daniel) (Entered: 01/26/2009)
01/27/2009  Electronic Index to Record on Appeal as to Nat Schlesinger sent to US Court of Appeals 221 Certificate of Service, 254 Response in Support, 64 Letter, 49 Status Conference, Set Hearings, 224 Order, 81 Letter, 190 Objection to Presentence Investigation Report, 269 Letter, 92 Letter, 146 Letter, 134 Letter, 262 Letter, 266 Letter, 250 Letter, 228 Letter, 226 Letter, 90 Motion Hearing, 71 Response in Opposition, 306 Letter, 38 Letter, 72 Response in Opposition, 65 Motion to Change Venue, 211 Letter, 56 Order to Continue - Ends of Justice, 265 Letter, 324 Order, 216 Letter, 257 Sentencing Memorandum, 105 Jury Trial, Set Hearings, 111 Motion for Discovery, 166 Order, 215 Order, 243 Letter, 209 Letter, 188 Order on Motion for Forfeiture of Property, 1 Indictment (Sealed), 271 Letter, 241 Letter, 200 USCA Scheduling Order, 76 Letter, 309 Judgment, 206 Letter, 132 Order, 326 Letter, 218 Letter, 46 Order to Continue - Ends of Justice, 94 Motion for Bond, 118 Notice (Other), 85 Order on Motion to Travel, 150 Letter, 77 Letter, 231 Docket Call, 119 Notice (Other), 177 Letter, 227 Letter, 127 Motion to Compel, 113 Jury Trial, 263 Order, 123 Motion for Bond, 325 Letter, 151 Motion for Forfeiture of Property, 193 Motion to Continue, 35 Letter, 207 Letter, 133 Order, 255 Order, 155 Bond Hearing, 84 Motion to Travel, 259 Notice (Other), 299 Order on Motion for New Trial, 258 Letter, 117 Jury Trial, Set Hearings, 308 Sentencing, 256 Letter, 249 Docket Call, 232 Letter, 125 Jury Trial, 329 Letter, 163 USCA Acknowledgment, 153 USCA Appeal Fees, 240 Letter, 201 Letter, 191 Notice of Appeal - Interlocutory, 53 Motion to Modify Conditions of Release, 135 Letter, 114 Jury Trial, 318 Motion to Alter Judgment, 310 Letter, 274 Motion for New Trial, 140 Order on Motion for Bond, 82 Response to Motion, 61 Notice of Attorney Appearance - Defendant, 219 Letter, 187 Letter, 246 Docket Call, 120 Notice (Other), Notice (Other), 322 Letter, 313 Order, 164 Letter, 279 Letter, 149 Exhibit List, 273 Letter, 160 Letter, 69 Motion to Dismiss, 68 Notice of Attorney Appearance - USA, 157 Letter, 99 Order on Motion in Limine, 78 Order on Motion for Change of Venue, Order on Motion to Dismiss, 244 Order, 248 Letter, 225 Letter, 203 Motion for New Trial, 63 Notice of Attorney Appearance - Defendant, 75 Letter, 230 Bond Hearing, 268 Letter, 320 Motion for Reconsideration, Motion for Recusal, 173 Order, Set Deadlines/Hearings, 278 Sentencing Memorandum, 55 Status Conference, 139 Memorandum Opinion, 330 Order on Motion for Reconsideration, Order on Motion for Recusal, Order on Motion for Extension of Time to File Response/Reply, 272 Letter, 186 Order, 317 Motion to Alter Judgment, 91 Letter, 267 Letter, 300 Notice of Appeal - Final Judgment, 138 Letter, 195 Motion to Continue, 148 Letter, 242 Letter, 323 Order, 70 Affidavit, 162 Letter, 129 Jury Trial, 52 Order, 169 Order, 204 Letter, 212 Order on Motion for Extension of Time to File Response/Reply, 165 Letter, 161 Notice of Attorney Appearance - Defendant, 108 Jury Trial, Set Hearings, 101 Letter, 141 Notice of Appeal - Interlocutory, 327 Order, 144 Motion to Continue, 319 USCA Mandate, 158 Designation of Record on Appeal, 247 Letter, 280 Letter, 126 Response in Opposition, 233 Letter, 109 Jury Trial, Set Hearings, 95 Witness List, 112 Jury Trial, 172 Letter, 183 Letter, 179 Notice of Attorney Appearance - Defendant, 321 Letter, 130 Letter, 180 Order, 220 Reply to Response, 194 Order, 73 Response in Opposition, 237 Letter, 223 Order on Motion for New Trial, 176 Letter, 214 Letter, 239 Letter, 316 Letter, 116 Jury Trial, Set Hearings, 128 Status Conference, 79 Proposed Voir Dire, 235 Docket Call, 44 Letter, 307 Order, 142 Order, 264 Order on Motion for New Trial, 245 Docket Call, 2 Indictment (Sealed), Indictment (Sealed), 88 Motion to Compel, 270 Letter, 131 Order, 261 Order, 210 Motion for Extension of Time to File Response/Reply, 60 Motion for Discovery, 312 USCA Acknowledgment, 122 Notice of Attorney Appearance - Defendant, 143 Bond Hearing, 154 Letter, 86 Letter, 170 Letter, 331 Notice of Appeal - Final Judgment, 40 Letter, 236 Letter, 87 Letter, 62 Status Conference, 39 Letter, 213 Letter, 253 Letter, 168 Order, 311 Designation of Record on Appeal, 152 Motion for Forfeiture of Property, 277 Response in Opposition, 252 Evidentiary Hearing, 181 Reply to Response, 115 Jury Trial, Set Hearings, 276 Notice (Other), 167 Letter, 74 Motion in Limine, 106 Jury Trial, Set Hearings, 121 Letter, 251 Order, 145 Letter, 124 Letter, 260 Letter, 185 Response in Opposition, 174 Motion to Continue, 199 Order, 208 Order, 110 Motion in Limine, 229 Letter, 275 Response in Support, 238 Affidavit, 217 Letter, 184 Letter, 83 Proposed Voir Dire, 136 Response in Opposition, 80 Status Conference, 45 Status Conference, 147 Letter, 171 Response in Opposition, 303 Letter, 98 Jury Selection, Set Hearings, 222 Letter, 175 Order, 189 Order on Motion to Continue, 234 Letter, 198 Docket Call, 178 Notice of Attorney Appearance - Defendant, 328 Motion for Extension of Time to File Response/Reply, 107 Jury Trial, Set Hearings, 202 Order, Set Hearings For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. (Duong, Susan) (Entered: 01/27/2009)
04/02/2009332 LETTER dated 4/2/09 from Nat Schlesinger to The Court Re: Requesting a copy of the "original Criminal Cover Sheet" and "Motion to Seal" in the above named case. (Coleman, Laurie) (Entered: 04/08/2009)
04/07/2009333 LETTER dated 4/7/09 from Catherine Vukovich, Deputy Clerk to Nat Schesinger Re: The Court is in receipt of your letter dated 4/2/09 requesting a copy of the "original Criminal Cover Sheet" and "Motion to Seal" in the above named case. The docket does not indicate that either document is part of the file. (Coleman, Laurie) (Entered: 04/08/2009)
07/28/2009334 CJA 24 as to Nat Schlesinger: Authorization to Pay Harry Rapaport- Voucher # 090716000024. Ordered by Senior Judge Arthur D. Spatt on 7/13/2009. (Rios, Laura) (Entered: 07/28/2009)
01/06/2010  Electronic Index to Record on Appeal as to Nat Schlesinger sent to US Court of Appeals 336 Presentence Investigation Report For docket entries without a hyperlink, contact the court and we'll arrange for the document(s) to be made available to you. SENT TO COURT OF APPEALS (Marziliano, August) (Entered: 01/06/2010)
01/09/2013337 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Nat Schlesinger held on 5/10/2005, before Judge Arthur D. Spatt. Court Reporter Owen M. Wicker, Telephone number 631-712-6102. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/30/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/9/2013. (Russo, Eric) (Entered: 01/09/2013)
01/09/2013338 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Nat Schlesinger held on 5/12/2005, before Judge Arthur D. Spatt. Court Reporter Mary Ann Steiger, Telephone number 631-712-6101. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/30/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/9/2013. (Russo, Eric) (Entered: 01/09/2013)
01/09/2013339 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Nat Schlesinger held on 5/13/2005, before Judge Arthur D. Spatt. Court Reporter Mary Ann Steiger, Telephone number 631-712-6101. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/30/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/9/2013. (Russo, Eric) (Entered: 01/09/2013)
01/09/2013340 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Nat Schlesinger held on 5/18/2005, before Judge Mary Ann Steiger. Court Reporter Mary Ann Steiger, Telephone number 631-712-6101. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/30/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/9/2013. (Russo, Eric) (Entered: 01/09/2013)
01/09/2013  Supplemental Record on Appeal transmitted to US Court of Appeals re Notice of Appeal filed in civil case number 09-CV-4278 as to Nat Schlesinger. Documents included are trial transcripts described in docket entries 281 through 291 and 337 through 340. USCA no. 12-1111. (Russo, Eric) (Entered: 01/09/2013)