CLOSED

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:01-cr-00417-TPG-2


Case title: USA v. Gavidel, et al

Date Filed: 04/30/2001
Date Terminated: 05/30/2003

Assigned to: Judge Thomas P. Griesa

Defendant (2)
Homa International
Homa International Trading Corp.
TERMINATED: 05/30/2003
represented byAlbert Yukhanan Dayan
Albert Y. Dayan, Law Office
80-02 Kew Gardens Road
Kew Gardens, NY 11415
(718) 268-9400
Fax: (718)-268-9404
Email: albertydayan@hotmail.com
LEAD ATTORNEY
Designation: CJA Appointment

Paul Joseph Madden , Jr.
Paul J. Madden, Esq.
26 Court Street, Suite 810
Brooklyn, NY 11242
(718)-624-0964
Fax: (718)-237-1393
Email: pjmlaw@aol.com
TERMINATED: 05/30/2003
LEAD ATTORNEY
Designation: CJA Appointment

Pending Counts

Disposition
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER (MONEY LAUNDERING CONSPIRACY)
(1)
Deft found GUILTY by jury.
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER
(2-6)
Deft found GUILTY by jury.
50:1705.F PENALTIES, VIOLATES ANY LICENSE OR ORDER (VIOLATION OF IRANIAN EMBARGO)
(9)
Deft found GUILTY by jury.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1960.F MONETARY LAUNDERING (COLLECTING ILLEGAL MONEY-TRANSMITTING BUSINESS)
(8)
Deft found not guilty by jury.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byPeter B. Sobol
Assistant United States Attorney
Mary Jo White, United States Attorney
Criminal Division
One St. Andrew's Plaza
New York, NY 10007
(212) 637-2201
LEAD ATTORNEY

Date Filed #Docket Text
04/30/200112 INDICTMENT as to Mazyar Gavidel (1) count(s) 1, 2-6, 7, 8, 9, 10, Homa International (2) count(s) 1, 2-6, 8, 9 (Preliminary Examination cancelled.) (jm) (Entered: 05/01/2001)
05/03/200113 ORDER as to Mazyar Gavidel, Homa International, to Continue in Interests of Justice. Time excluded from 5/2/01 to 5/10/01. ( Signed by Judge Robert W. Sweet (Part I) ); Copies mailed. (rag) (Entered: 05/04/2001)
01/04/2002  Pretrial Conference as to Mazyar Gavidel, Homa International held before Judge Thomas P. Griesa. Defendant present with attorney Albert Dayan, government by Peter Sobol, AUSA. Attorney Frank Hancock ordered relieved as counsel and attorney Albert Dayan is appointed. Trial date is adjourned from 2/4/02 to 8/5/02. Motion calendar set. Defendant's motions by 3/1/02. Time is excluded from 1/4/02 to 8/5/02. Bail continued. (ph) (Entered: 01/07/2002)
03/13/200216 TRANSCRIPT of record of proceedings for dates of 1/4/02, before Judge Thomas P. Griesa . (df) (Entered: 03/13/2002)
07/02/200222 TRANSCRIPT of record of proceedings as to Mazyar Gavidel, Homa International for dates of 5/16/02 on 4:52 p.m., before Judge Thomas P. Griesa. (ph) (Entered: 07/03/2002)
07/15/200223 TRANSCRIPT of record of proceedings as to Mazyar Gavidel, Homa International for dates of 5/28/02 at 3:30 p.m., before Judge Thomas P. Griesa. (ph) (Entered: 07/15/2002)
08/05/2002  Voir dire begun as to Mazyar Gavidel (1) count(s) 1, 2-6, 7, 8, 9, 10, Homa International (2) count(s) 1, 2-6, 8, 9 (ph) (Entered: 08/16/2002)
08/05/2002  Jury selection as to Mazyar Gavidel, Homa International held. (ph) (Entered: 08/16/2002)
08/05/2002  Jury impaneled as to Mazyar Gavidel, Homa International. (ph) (Entered: 08/16/2002)
08/05/2002  Jury trial as to Mazyar Gavidel, Homa International held. Defendant present with attorney Albert Dayan. Government by Peter Sobol and Mark Mendelsohn, AUSA. Plea negotiations held and fail. Voir dire begins. Jury sworn and impaneled. Trial begins. (ph) (Entered: 08/16/2002)
08/06/2002  Jury trial as to Mazyar Gavidel, Homa International held and continued. (ph) (Entered: 08/16/2002)
08/07/2002  Jury trial as to Mazyar Gavidel, Homa International held and continued. (ph) (Entered: 08/16/2002)
08/08/2002  Jury trial as to Mazyar Gavidel, Homa International held and continued. (ph) (Entered: 08/16/2002)
08/09/2002  Jury trial as to Mazyar Gavidel, Homa International held and continued. (ph) (Entered: 08/16/2002)
08/12/2002  Jury trial as to Mazyar Gavidel, Homa International held and continued. (ph) (Entered: 08/16/2002)
08/13/2002  Jury trial as to Mazyar Gavidel, Homa International held and continued. (ph) (Entered: 08/16/2002)
08/14/2002  Jury trial as to Mazyar Gavidel, Homa International held and continued. (ph) (Entered: 08/16/2002)
08/15/2002  Jury trial as to Mazyar Gavidel, Homa International held. Jury reaches verdict. Defendant M. Gavidel is found guilty on counts 1,2,3,4,5,6,7, and 9 and found not guilty as to counts 8 and 10. Defendant Homa International guilty on counts 1,2,3,4,5,6, and 9 and found not guilty as to count 8. Pre-sentence investigation ordered. Sentence date set for 11/19/02 at 10:00 a.m. Government's oral application to have defendant remanded is granted in open court. Defendant remanded. (ph) Modified on 08/22/2002 (Entered: 08/22/2002)
08/15/2002  JURY VERDICT as to Mazyar Gavidel, Homa International Guilty: Mazyar Gavidel (1) count(s) 1, 2-6, 7, 9, Homa International (2) count(s) 1, 2-6, 9 , and Not Guilty: Mazyar Gavidel (1) count(s) 8, 10, Homa International (2) count(s) 8 (ph) (Entered: 08/22/2002)
08/15/2002  Court Orders pre-sentence investigation as to Mazyar Gavidel, Homa International. (ph) (Entered: 08/22/2002)
08/15/2002  Sentencing set for 10:00 11/19/02 for Mazyar Gavidel, for Homa International, Mazyar Gavidel (1) count(s) 1, 2-6, 7, 9, Homa International (2) count(s) 1, 2-6, 9 (ph) (Entered: 08/22/2002)
12/06/200229 TRANSCRIPT of record of proceedings as to Mazyar Gavidel, Homa International for dates of 8/5/02, before Judge Thomas P. Griesa . (dt) (Entered: 12/06/2002)
01/10/2003  CJA 20 APPOINTMENT OF AND AUTHORITY TO PAY COURT APPOINTED COUNSEL as to Homa International : Appointment of Attorney Paul J. Madden . ( Signed by Judge Thomas P. Griesa ) (moc) (Entered: 01/21/2003)
05/30/2003  Sentencing held Homa International (2) count(s) 1, 2-6, 9 (jw) (Entered: 06/09/2003)
05/30/200342 FILED JUDGMENT IN A CRIMINAL CASE. (For offenses committed on or after November 1, 1987). Deft Homa International (2) count(s) 8 found not guilty by jury. Deft Homa International (2) count(s) 1, 2 -6 , 9 . Deft found GUILTY by jury. The deft shall pay a special assessment of $3,200 which is due in full immediately. ; Judgment and Commitment issued to U.S. Marshal ( Signed by Judge Thomas P. Griesa ) Docketed as Judgment #03,1247 on 6/18/03. (dcap) Modified on 07/08/2003 (Entered: 07/08/2003)
06/02/200340 ORDER OF FORFEITURE as to Mazyar Gavidel, Homa International, (2) the defendant Mazyar Gavidel shall forfeit the sum of $614,000, representing a sum of money equal to the value of the propery involved in the money laundering offenses charged in counts 1-6 and the structuring offense charged in count 7, for which he was convicted. (2) The defendant Homa International Trading Corporation shall forfeit the sum of $614,000 jointly and severally with co-defendant Mazyar Gavidel, representing a sum of money equal to the value of property involved in the money laundering offenses for which both Mazyar Gavidel and Homa International Trading Corporation were convicted. (3) This order of forfeiture shall be final against the defendants, and is part of the sentences of the defendants. (4) The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary. (5) The Clerk of the Court shall forward four (4) certified copies of this order to AUSA Barbara A. Ward, One Saint Andrews Plaza, New York, NY 10007. ( Signed by Judge Thomas P. Griesa ); Microfilmed on 6/2/03 at 3:00 p.m. (ph) (Entered: 06/05/2003)
07/03/200344 TRANSCRIPT of record of proceedings as to Mazyar Gavidel, Homa International for dates of May 30, 2003, before Judge Thomas P. Griesa . (dt) (Entered: 07/15/2003)
07/03/200345 TRANSCRIPT of record of proceedings as to Mazyar Gavidel, Homa International for dates of May 30, 2003, before Judge Thomas P. Griesa . (dt) (Entered: 07/17/2003)