CLOSED, A/R

United States District Court
Eastern District of Pennsylvania (Philadelphia)
CRIMINAL DOCKET FOR CASE #: 2:06-cr-00268-LS-2


Case title: USA v. BLATT et al
Date Filed: 06/06/2006
Date Terminated: 05/20/2008
Assigned to: HONORABLE LAWRENCE F. STENGEL

Defendant (2)
HERLEY INDUSTRIES
TERMINATED: 05/20/2008 		represented byJAMES T. SMITH
BLANK ROME LLP
ONE LOGAN SQUARE
18TH & CHERRY STREETS
PHILADELPHIA, PA 19103
215-569-5500
Fax: 215-569-5555
Email: smith-jt@blankrome.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:1343 WIRE FRAUD; 18:2 AIDING AND ABETTING
(1-29)
18 U.S.C. SEC. 1516 - OBSTRUCTION OF A FEDERAL AUDIT; 18 U.S.C. SEC. 2 - AIDING AND ABETTING
(28s)		 FINE $3,500,000.00, SPECIAL ASSESSMENT $800.00
18 U.S.C. SEC. 1516 - OBSTRUCTION OF A FEDERAL AUDIT; 18 U.S.C. SEC. 2 - AIDING AND ABETTING
(29s)		 FINE $3,500,000.00, SPECIAL ASSESSMENT $800.00
18:1516 OBSTRUCTION OF A FEDERAL AUDIT; 18:2 AIDING AND ABETTING
(30)
18:1001 FALSE STATEMENT TO GOVERNMENT; 18:2 AIDING AND ABETTING
(31)
18:1516 OBSTRUCTION OF A FEDERAL AUDIT; 18:2 AIDING AND ABETTING
(32)
18:1001 FALSE STATEMENT TO GOVERNMENT; 18:2 AIDING AND ABETTING; 18:2 AIDING AND ABETTING
(33)
18:1031 MAJOR FRAUD AGAINST THE UNITED STATES; 18:2 AIDING AND ABETTING
(34)
18:1001 FALSE STATEMENT TO GOVERNMENT; 18:2 AIDING AND ABETTING
(35)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
18 U.S.C. SEC. 1343 - WIRE FRAUD; 18 U.S.C. SEC. 2 - AIDING AND ABETTING
(1s-27s)		 DISMISSED ON GOVT'S. MOTION
18 U.S.C. SEC. 1001 - FALSE STATEMENT TO GOVERNMENT; 18 U.S.C. SEC. 2 - AIDING AND ABETTING
(30s-32s)		 DISMISSED ON GOVT'S. MOTION
18 U.S.C. SEC. 1031 - MAJOR FRAUD AGAINST THE UNITED STATES; 18 U.S.C. SEC. 2 - AIDING AND ABETTING
(33s)		 DISMISSED ON GOVT'S. MOTION

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
None

Plaintiff
USA represented byPAMELA FOA
ASSISTANT U.S. ATTORNEY
615 CHESTNUT STREET
SUITE 1250
PHILA, PA 19106-4476
TEL 215-861-8260
Fax: 215-861-8618
Email: pamela.foa@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

ANTHONY KYRIAKAKIS
US ATTORNEY'S OFFICE
615 CHESTNUT STREET
PHILADELPHIA, PA 19106
215-861-8216
Fax: 215-861-8594
Email: anthony.kyriakakis@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
06/06/20061INDICTMENT as to LEE BLATT (1) count(s) 1-29, 30, 31, 32, 33, 34, 35, HERLEY INDUSTRIES (2) count(s) 1-29, 30, 31, 32, 33, 34, 35. (cw, ) (Entered: 06/06/2006)
06/14/20063NOTICE OF HEARING as to HERLEY INDUSTRIES Arraignment and Initial Appearance set for Thursday, 6/22/2006 at 1:30 PM in Courtroom 5A, 5th floor before Magistrate Judge Jacob P. Hart. (llb) (Entered: 06/14/2006)
06/15/20064 MOTION for Hearing /STATUS CONFERENCE AND MOTION TO HAVE CAPTIONED CASE DECLARED COMPLEX, PROPOSED ORDER, AND CERTIFICATE OF SERVICE, by USA as to LEE BLATT, HERLEY INDUSTRIES. (FOA, PAMELA) **(FILED IN ERROR BY ATTY., ATTY. WILL RE-FILE CORRECTED DOCUMENT)** Modified on 6/15/2006 (fh) (Entered: 06/15/2006)
06/15/20065 MOTION for Hearing /STATUS CONFERENCE AND MOTION TO HAVE CAPTIONED CASE DECLARED COMPLEX, PROPOSED ORDER, AND CERTIFICATE OF SERVICE by USA as to LEE BLATT, HERLEY INDUSTRIES. (FOA, PAMELA) (Entered: 06/15/2006)
06/23/20068 Minute Entryfor proceedings held before Judge JACOB P. HART: Arraignment/Initial Appearance as to HERLEY INDUSTRIES (2) Count 1-29,30,31,32,33,34,35 held on 6/22/06. Plea entered by HERLEY INDUSTRIES Not Guilty on ALL COUNTS. No bail is set. James T. Smith, Esq. as Corporate Representative of Herley Industries enters PLEA of NOT GUILTY to all counts.Court Reporter esr.(jcz, ) (Entered: 06/23/2006)
06/23/20069 NOTICE OF ATTORNEY APPEARANCE JAMES T. SMITH appearing for HERLEY INDUSTRIES. (jcz, ) (Entered: 06/23/2006)
07/06/200610ORDER FOR SPEEDY TRIAL DELAY: AS TO LEE BLATT, HERLEY INDUSTRIES, THAT EXCLUDABLE TIME BE COMPUTED AND ENTERED IN THE RECORD FROM THE DATE OF FILING OF THE GOVT'S 6/15/06 MOTION FOR STATUS CONFERENCE AND TO HAVE CASE DECLARED COMPLEX 5 , UNTIL SUCH TIME THAT A HEARING ON SAID MOTION IS CONCLUDED OR OTHER PROMPT DISPOSITION IS MADE. Signed by Judge LAWRENCE F. STENGEL on 7/5/06.7/7/06 Entered and Copies Faxed. (jcz, ) (Entered: 07/07/2006)
08/03/200613 Minute Entry/REPORT OF TELEPHONE CONFERENCEfor proceedings held before Judge LAWRENCE F. STENGEL Telephone Conference as to LEE BLATT, HERLEY INDUSTRIES held on 7/31/2006.TOTAL TIME 10 MINUTES.(ke) (Entered: 08/03/2006)
08/03/200614 ORDER AS TO LEE BLATT, HERLEY INDUSTRIES RE: 11 MOTION OF LEE BLATT FOR THE TEMPORARY RETURN OF HIS PASSPORT, THAT THE CLERK IS DIRECTED TO RETURN DEFT'S. PASSPORT TO HIS COUNSEL FOR THE PURPOSES SET FORTH IN HIS MOTION AND DEFT. IS DIRECTED TO RETURN HIS PASSPORT TO THE CUSTODY OF THE CLERK DURING THE WEEK OF 9/18/06. Signed by Judge TIMOTHY J. SAVAGE on 8/3/06.8/3/06 Entered and Copies Faxed BY CHAMBERS. (ke) (Entered: 08/03/2006)
08/31/200615 ORDER AS TO LEE BLATT, HERLEY INDUSTRIES RE: 5 GOVERNMENT'S MOTION TO HAVE CAPTIONED CASE DECLARED COMPLEX FILED BY USA, THAT THE ENDS OF JUSTICE IN GIVING THE DEFT'S. AND ADEQUATE OPPORTUNITY TO REVIEW THE DISCOVERY AND PREPARE FOR TRIAL, WILL BE SERVED BY GRANTING A CONTINUANCE BEYOND THE TIME LIMITS ESTABLISHED BY THE SPEEDY TRIAL ACT, AND BY TREATING THIS MATTER AS A COMPLEX CASE, ETC. Signed by Judge LAWRENCE F. STENGEL on 8/30/06.8/31/06 Entered and Copies Faxed BY CHAMBERS. (ke) (Entered: 08/31/2006)
10/23/200616NOTICE OF HEARING as to LEE BLATT, HERLEY INDUSTRIES PRETRIAL CONFERENCE SET FOR THURSDAY, 10/26/2006 AT 9:30 AM IN COURTROOM 3B, 3rd FLOOR BEFORE THE HONORABLE LAWRENCE F. STENGEL. (llb) (Entered: 10/23/2006)
01/30/200718SUPERSEDING INDICTMENT AS TO LEE BLATT (1) count(s) 1s-27s, 28s, 29s, 30s-32s, 33s, HERLEY INDUSTRIES (2) count(s) 1s-27s, 28s, 29s, 30s-32s, 33s. (ke) (Entered: 01/30/2007)
04/17/200719 MOTION for Discovery and Memorandum of Law by LEE BLATT, HERLEY INDUSTRIES, CERT.OF SERVICE, (Proposed Order). (Attachments: # 4 Exhibit D)(QUILL, SHANNON) Modified on 4/18/2007 (cmc). (Entered: 04/17/2007)
05/22/200720RESPONSE in Opposition re 2 Exhibit)(FOA, PAMELA) Modified on 5/23/2007 (cmc). (Entered: 05/22/2007)
05/31/200721REPLY TO RESPONSE to Motion by LEE BLATT as to LEE BLATT, HERLEY INDUSTRIES re 19 MOTION PRE-TRIAL DISCOVERY AND INSPECTION and Memorandum of Law and Certificate of Service filed by LEE BLATT (QUILL, SHANNON) Modified on 6/1/2007 (cmc). (Entered: 05/31/2007)
06/04/200722 Minute Entry/REPORT OF TELEPHONE CONFERENCEfor proceedings held before Judge LAWRENCE F. STENGEL Telephone Conference as to LEE BLATT, HERLEY INDUSTRIES held on 5/31/2007.TOTAL TIME: 10 MINUTES.(ke) (Entered: 06/04/2007)
06/20/200723MEMORANDUM AND ORDER AS TO LEE BLATT, HERLEY INDUSTRIES THAT 19 MOTION FOR DISCOVERY FILED BY LEE BLATT, HERLEY INDUSTRIES IS GRANTED IN PART: THE GOVERNMENT SHALL IMMEDIATELY PRODUCE ALL ROUGH NOTES AND DRAFT REPORTS CONTAINING "THE SUBSTANCE OF ANY RELEVANT STATEMENT" MADE BY PERSONS ALREADY RECOGNIZED BY THE GOVERNMENT AS FALLING WITHIN FED.R.CRIM.P. 16(a)(1)(C), INCLUDING STATEMENTS OF ALL CURRENT AND FORMER HERLEY EMPLOYEES; THE REMAINDER OF THE MOTION HAS BEEN RESOLVED BY THE PARTIES AND IS THEREFORE DENIED AS MOOT, ETC. Signed by Judge LAWRENCE F. STENGEL on 6/18/07.6/20/07 Entered and Copies E-Mailed and Faxed BY CHAMBERS. (ke) (Entered: 06/20/2007)
06/20/200724 MOTION to Dismiss Indictment by LEE BLATT, HERLEY INDUSTRIES, CERT.OF SERVICE, (Proposed Order). (QUILL, SHANNON) Modified on 6/21/2007 (cmc, ). (Entered: 06/20/2007)
06/26/200725First MOTION for Reconsideration re 23 Memorandum Opinion, by USA as to LEE BLATT, HERLEY INDUSTRIES, CERT.OF SERVICE. (KYRIAKAKIS, ANTHONY) Modified on 6/27/2007 (cmc). (Entered: 06/26/2007)
06/27/200726ORDER FOR SPEEDY TRIAL DELAY AS TO LEE BLATT, HERLEY INDUSTRIES THAT EXCLUDABLE TIME IN THE ABOVE CASE BE COMPUTED AND ENTERED IN THE RECORD FROM THE DATE OF FILING OF THE GOVERNMENT'S MOTION FOR RECONSIDERATION (PAPER #25) UNTIL SUCH TIME THAT A HEARING ON SAID MOTION IS CONCLUDED OR OTHER PROMPT DISPOSITION IS MADE. Signed by Judge LAWRENCE F. STENGEL on 6/27/07.6/27/07 Entered and Copies E-Mailed and Faxed BY CHAMBERS. (ke) (Entered: 06/27/2007)
06/29/200727RESPONSE in Opposition re 23 Memorandum Opinion, regarding discovery of agent rough notes under Rule 16(a)(1)(C), Certificate of Service. (QUILL, SHANNON) Modified on 7/2/2007 (fh, ). (Entered: 06/29/2007)
07/10/200728ORDER AS TO LEE BLATT, HERLEY INDUSTRIES RE 24 MOTION to Dismiss Indictment GOVT.'S REQUEST IS GRANTED, AND GOVT. SHALL FILE RESPONSE TO DEFTS MOTION BY 7/20/2007. Signed by Judge LAWRENCE F. STENGEL on 7/9/07.7/10/07 Entered and Copies E-Mailed and Faxed. (cmc) (Entered: 07/10/2007)
07/13/200732MEMORANDUM AND ORDER AS TO LEE BLATT, HERLEY INDUSTRIES THAT 25 GOVERNMENT'S MOTION FOR RECONSIDERATION OF THE COURT'S ORDER DATED 6/18/07 FILED BY USA IS DENIED. THE GOVERNMENT IS ORDERED TO COMPLY WITH THE COURT'S 6/18/07 ORDER AND IMMEDIATELY PRODUCE ALL AGENT ROUGH NOTES AND DRAFT REPORTS CONTAINING "THE SUBSTANCE OF ANY RELEVANT STATEMENT" MADE BY PERSONS ALREADY RECOGNIZED BY THE GOVERNMENT AS FALLING WITHIN FED.R.CRIM.P. 16(a)(1)(C), INCLUDING STATEMENTS OF ALL CURRENT AND FORMER HERLEY EMPLOYEES. Signed by Judge LAWRENCE F. STENGEL on 7/12/07.7/16/07 Entered and Copies E-Mailed and Faxed BY CHAMBERS. (ke) (Entered: 07/16/2007)
08/03/200733 SEALED GOVERNMENT'S RESPONSE FILED BY USA AS TO LEE BLATT, HERLEY INDUSTRIES, CERTFICATE OF SERVICE. (FILED UNDER SEAL). (ke) (Entered: 08/03/2007)
08/03/200734 SEALED MOTION AND ORDER AS TO LEE BLATT, HERLEY INDUSTRIES. (FILED UNDER SEAL). Signed by Judge LAWRENCE F. STENGEL on 8/2/07.8/3/07 Entered. (ke) (Entered: 08/03/2007)
08/16/200735 SEALED REPLY MEMORANDUM FILED BY LEE BLATT, HERLEY INDUSTRIES, CERTIFICATE OF SERVICE. (FILED UNDER SEAL). (ke) (Entered: 08/16/2007)
08/16/200736 SEALED MOTION FILED BY LEE BLATT, HERLEY INDUSTRIES. (FILED UNDER SEAL). (ke) (Entered: 08/16/2007)
08/16/200737 SEALED ORDER AS TO LEE BLATT, HERLEY INDUSTRIES. (FILED UNDER SEAL). Signed by Judge LAWRENCE F. STENGEL on 8/15/07.8/16/07 Entered. (ke) (Entered: 08/16/2007)
08/31/200738NOTICE OF HEARING as to LEE BLATT, HERLEY INDUSTRIES JURY TRIAL SET FOR MONDAY, 5/5/2008 AT 9:30 AM IN COURTROOM 3B, 3rd FLOOR BEFORE THE HONORABLE LAWRENCE F. STENGEL. (llb) (Entered: 08/31/2007)
09/12/200739 Minute Entry/REPORT OF TELEPHONE CONFERENCEfor proceedings held before Judge LAWRENCE F. STENGEL Telephone Conference as to LEE BLATT, HERLEY INDUSTRIES held on 9/11/2007.TOTAL TIME: 15 MINUTES.(ke) (Entered: 09/12/2007)
09/13/2007  Terminate Deadlines and Hearings as to LEE BLATT, HERLEY INDUSTRIES: (dt) (Entered: 09/13/2007)
11/06/200740MEMORANDUM AND ORDER AS TO LEE BLATT, HERLEY INDUSTRIES THAT 24 MOTION TO DISMISS INDICTMENT FILED BY LEE BLATT, HERLEY INDUSTRIES IS DENIED. Signed by Judge LAWRENCE F. STENGEL on 11/5/07.11/6/07 Entered and Copies E-Mailed and Faxed BY CHAMBERS. (ke) (Entered: 11/06/2007)
04/30/200841NOTICE OF HEARING as to LEE BLATT, HERLEY INDUSTRIESHEARING SET FOR MONDAY, 5/5/2008 AT 10:15 AM IN COURTROOM 3B, 3RD FLOOR BEFORE THE HONORABLE LAWRENCE F. STENGEL. (llb) (Entered: 04/30/2008)
05/05/200842 SENTENCING MEMORANDUM CERTIFICATE OF SERVICE by LEE BLATT as to LEE BLATT, HERLEY INDUSTRIES (Attachments: # 4 Exhibit Four)(LUNKENHEIMER, KURT) (Entered: 05/05/2008)
05/05/200844 SENTENCING DOCUMENT AS TO HERLEY INDUSTRIES, CERTIFICATE OF SERVICE (ke) (Entered: 05/05/2008)
05/05/200845 SENTENCING DOCUMENT as to HERLEY INDUSTRIES (KYRIAKAKIS, ANTHONY) (Entered: 05/05/2008)
05/05/200848 Minute Entryfor proceedings held before HONORABLE LAWRENCE F. STENGELChange of Plea Hearing as to LEE BLATT, HERLEY INDUSTRIES held on 5/5/08. Plea entered as to LEE BLATT (1) Guilty Counts 1ss and HERLEY INDUSTRIES (2) Guilty CountS 28s, 29s. Sentencing held on 5/5/08 for LEE BLATT, HERLEY INDUSTRIES for LEE BLATT (1), Count(s) 1s-33s, DISMISSED ON GOVT'S. MOTION; Count(s) 1ss, PROBATION 1 YEAR, FINE $25,000.00, SPECIAL ASSESSMENT $25.00, COST OF PROSECUTION $1,715.02. HERLEY INDUSTRIES (2), Count(s) 1s-27s, 30s-33s, DISMISSED ON GOVT'S. MOTION; Count(s) 28s, 29s, FINE $3,500,000.00, SPECIAL ASSESSMENT $800.00.Court Reporter ESR.(ke) (Entered: 05/06/2008)
05/05/200852ORDER AS TO HERLEY INDUSTRIES THAT THE COURT APPROVES DEFT'S. WAIVER OF PREPARATION OF PRESENTENCE INVESTIGATION REPORT. Signed by HONORABLE LAWRENCE F. STENGEL on 5/5/08.5/6/08 Entered and Copies E-Mailed. (ke) (Entered: 05/06/2008)
05/05/200853Plea Document as to HERLEY INDUSTRIES (ke) (Entered: 05/06/2008)
05/06/200847 MOTION for the Retun of Passport by LEE BLATT as to LEE BLATT, HERLEY INDUSTRIES. (Attachments: # 1 Text of Proposed Order)(LUNKENHEIMER, KURT) (Entered: 05/06/2008)
05/16/200857 TRANSCRIPT of Proceedings RE: GULTY PLEA/SENTENCING HEARING as to LEE BLATT, HERLEY INDUSTRIES held on 5/5/08 before Judge STENGEL. Court Reporter: ESR. (ke) (Entered: 05/16/2008)
05/20/200859JUDGMENT AS TO HERLEY INDUSTRIES (2), Count(s) 1s-27s, 30s-33s, DISMISSED ON GOVT'S. MOTION; Count(s) 28s, 29s, FINE $3,500,000.00, SPECIAL ASSESSMENT $800.00. Signed by HONORABLE LAWRENCE F. STENGEL on 5/19/08.5/20/08 Entered and Copies Mailed, E-Mailed BY CHAMBERS. (ke) (Entered: 05/20/2008)
05/29/200861Praecipe to Satisfy Judgment by USA as to HERLEY INDUSTRIES (ke) (Entered: 05/29/2008)