CLOSED, ECF

U.S. District Court
Southern District of New York (White Plains)
CRIMINAL DOCKET FOR CASE #: 7:09-cr-00533-KMK-2


Case title: USA v. Mazzurco et al

Date Filed: 05/27/2009
Date Terminated: 06/30/2010

Assigned to: Judge Kenneth M. Karas

Defendant (2)
IMS Safety, Inc.
TERMINATED: 06/30/2010
represented byArthur Aden Edwards
Law Offices of Arthur A. Edwards
572A Flatbush Avenue
Brooklyn, NY 11225
(718)469-8555
Fax: (718)469-2733
Email: arthuredwardslaw@verizon.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Sentenced to 5 years probation. $2,000.00 special assessment, fine $500,000.00, restitution $1,117,765.00.
FRAUDS AND SWINDLES
(2-5)
sentenced to 5 years probation. $2,000.00 special assessment, fine $500,000.00, restitution $1,117,765.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byMarcia Sue Cohen
U.S. Attorney's Office, White Plains
300 Quarropas Street
White Plains, NY 10601
(914)-993-1902
Fax: (914)-682-3392
Email: marcia.cohen@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
05/27/2009 INFORMATION (Felony) filed as to Jospeh P. Mazzurco (1) count(s) 1, 2-5, IMS Safety, Inc. (2) count(s) 1, 2-5. (fk) (Entered: 05/28/2009)
05/27/2009  Case Designated ECF as to Jospeh P. Mazzurco, IMS Safety, Inc. (fk) (Entered: 05/28/2009)
05/27/2009  Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith:Initial Appearance as to Jospeh P. Mazzurco, IMS Safety, Inc. held on 5/27/2009. (fk) (Entered: 05/28/2009)
05/27/2009WAIVER OF INDICTMENT by IMS Safety, Inc.. (fk) (Entered: 05/28/2009)
05/27/2009  Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith:Arraignment as to Jospeh P. Mazzurco (1) Count 1,2-5 and IMS Safety, Inc. (2) Count 1,2-5 held on 5/27/2009. Deft Mazzurco pres with atty Joseph Fleming. Deft IMS Safety pres through Joseph Mazzurco with atty Arthur Edwards. AUSA MArcia Cohen pres. Deft Mazzurco authorized to appear on behalf of IMS Safety, Inc. both deft waive indictment and public reading and plead not guilty. Case is assigned to Judge Karas. Deft is ROR. Deft Mazzurco is to submit to regular pre-trial supervision, is to continue mental health counseling, is to continue taking all medications in connection with said counseling, travel is restricted to SDNY/EDNY, Deft is to surrender his passport and is to refrain from making application for new travel documents. Speedy Trial time is excluded between 5/27/09 and 6/3/09. (fk) (Entered: 05/28/2009)
05/27/2009  Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Plea entered by Jospeh P. Mazzurco (1) Count 1,2-5 and IMS Safety, Inc. (2) Count 1,2-5 Not Guilty. (fk) (Entered: 05/28/2009)
05/27/2009  Attorney update in case as to Jospeh P. Mazzurco, IMS Safety, Inc.. Attorney Joseph Fleming for Jospeh P. Mazzurco, Arthur A. Edwards for IMS Safety, Inc. added. (fk) (Entered: 05/28/2009)
06/08/2009  Minute Entry for proceedings held before Judge Kenneth M. Karas:Change of Plea Hearing as to Jospeh P. Mazzurco, IMS Safety, Inc. held on 6/8/2009, guilty plea proceeding held, with deft's. atty's. Joseph Fleming, Arthur A. Edwards. on behalf of IMS safety, Inc. AUSA Marcia Sue Cohen. Deft. Joseph P. Mazzurco, individually and on behalf of IMS Safety, Inc. withdraws his previously entered plea of guilty and now enters a plea of guilty to a 5 Count Felony Information. PSI ordered. Sentencing is scheduled for September 14, 2009 at 10:00am before Judge Karas. Bail continued. (Court Reporter Albi Gorn) (jma) (Entered: 06/12/2009)
06/08/2009  Minute Entry for proceedings held before Judge Kenneth M. Karas: Plea entered by Jospeh P. Mazzurco (1) Guilty as to Count 1,2-5 and IMS Safety, Inc. (2) Guilty as to Count 1,2-5. (Court Reporter Albi Gorn) (jma) (Entered: 06/12/2009)
06/08/2009  Oral Order of Referral to Probation for Presentence Investigation and Report as to Jospeh P. Mazzurco, IMS Safety, Inc. (jma) (Entered: 06/12/2009)
06/08/2009  Set/Reset Hearings as to Jospeh P. Mazzurco, IMS Safety, Inc.: Sentencing set for 9/14/2009 at 10:00 AM before Judge Kenneth M. Karas.. (jma) (Entered: 06/12/2009)
06/09/2009TRANSCRIPT of Proceedings as to Jospeh P. Mazzurco, IMS Safety, Inc. held on 6/8/09 before Judge Kenneth M. Karas. Court Reporter: Albi Gorn. (fk) (Entered: 06/09/2009)
12/14/2009  Minute Entry for proceedings held before Judge Kenneth M. Karas:Sentencing held on 12/14/2009 for Jospeh P. Mazzurco (1) Count 1,2-5 and IMS Safety, Inc. (2) Count 1,2-5. sentencing held. Defendant presentwith attorney Joseph Fleming, Arthur A. Edwards on behalf of IMS Safety, Inc., AUSA Marcia Sue Cohen and AUSA Anne Ryan. Special Agent Tara Donn. Court reporter, Sue Ghorayeb. Defendant, Joseph P. Mazzurco is hereby sentenced to 36 months on Counts 1, and 2-5, followed by 2 years of supervised release. Special conditions entered on the record. $500.00 special assessment, restitution $1,117,765.00. Bail continued. Defendant is to surrender June 30,2010. Defendant has been informed of his right to appeal. See transcript for details. Defendant, IMS Safety, Inc. is hereby sentenced to 5 years probation. $2,000.00 special assessment, fine $500,000.00, restitution $1,117,765.00. Defendant has been informed of their right to appeal. (jma) (Entered: 07/02/2010)
06/30/201017 JUDGMENT #10,0160-WP as to IMS Safety, Inc. (2), Count(s) 1, Sentenced to 5 years probation. $2,000.00 special assessment, fine $500,000.00, restitution $1,117,765.00.; Count(s) 2-5, sentenced to 5 years probation. $2,000.00 special assessment, fine $500,000.00, restitution $1,117,765.00.. (Signed by Judge Kenneth M. Karas on 6/22/2010) The Clerk's Office Has Mailed Copies.(jty) Modified on 7/2/2010 (jty). (Entered: 07/02/2010)
06/30/2010  Judgment entered in money judgment book as #10,0160-WP as to IMS Safety, Inc. in the amount of $ 1,619,765.00, re: 17 Judgment,. (jty) (Entered: 07/02/2010)
07/06/201018 TRANSCRIPT of Proceedings as to Jospeh P. Mazzurco, IMS Safety, Inc. held on 12/14/2009 before Judge Kenneth M. Karas. Court Reporter: Sue Ghorayeb. (jty) (Entered: 07/06/2010)
08/25/201021 ORDER OF FORFEITURE as to IMS Safety, Inc....So Ordered. (Signed by Judge Kenneth M. Karas on 12/14/09) The Clerks Office Has Mailed Copies. (fk) (Entered: 08/25/2010)
02/08/201123 ENDORSED LETTER as to Jospeh P. Mazzurco, IMS Safety, Inc. addressed to Judge Kenneth M. Karas from Joseph Mazzurco dated 2/1/2011.I have been researching case law here during my incarceration and have come across two cases that cite release of a prisoner on recognizance while awaiting the section of 28 U.S.C. 2255...ENDORSEMENT: The government is to respond to this letter by 2/15/2011. So Ordered. (Signed by Judge Kenneth M. Karas on 2/7/2011)(jty) Modified on 2/9/2011 (jty). "Clerks Office has Mailed copies." (Entered: 02/09/2011)
02/08/2011  Set/Reset Deadlines as to Jospeh P. Mazzurco, IMS Safety, Inc.: Responses due by 2/15/2011. (jty) (Entered: 02/09/2011)
03/08/201125 ENDORSED LETTER as to Jospeh P. Mazzurco, IMS Safety, Inc. addressed to Judge Kenneth M. Karas from Joseph P. Mazzurco dated 3/1/2011.I have received the United States Attorney's Response to my request for bail pending resolution of my 28 U.S.C 2255 motion... ENDORSEMENT: The Government is to respond to the claims in this letter in it's response to Mr. Mazzurco's initial claims. So Ordered. (Signed by Judge Kenneth M. Karas on 3/7/2011) The Clerks Office Has Mailed Copies. (jty) (Entered: 03/08/2011)
03/10/201126 ENDORSED LETTER as to Jospeh P. Mazzurco, IMS Safety, Inc. addressed to Judge Kenneth M. Karas from 3/10/2011 dated 3/6/2011. At the end of your letter to me date February 19th, 2011, the last line in that latter states "moreover Defendant dose not offer any other basis to think that his conviction had anything to so with an Honest Services theory of Guilt". ENDORSEMENT: The Court has ruled, and stands by its ruling, as to the bail application. So Ordered. (Signed by Judge Kenneth M. Karas on 3/10/2011) The Clerks Office Has Mailed Copies. (jty) (Entered: 03/11/2011)
03/14/201127 ENDORSED LETTER as to Jospeh P. Mazzurco, IMS Safety, Inc. addressed to Judge Kenneth M. Karas from Jospeh P. Mazzurco dated 3/8/2011. I have found additional information in the case that points to the theory of conviction of honest services. ENDORSEMENT: The clerk is respectfully requested to docket this letter. No further action is necessary. So ordered. (Signed by Judge Kenneth M. Karas on 3/11/2011) The Clerks Office Has Mailed Copies. (jty) (Entered: 03/15/2011)
05/06/201129 ENDORSED LETTER as to Jospeh P. Mazzurco, IMS Safety, Inc. addressed to Judge Kenneth M. Karas from Joseph P. Mazzurco dated 4/28/2011. I am writing to you to respectfully request an extension to our response to the U.S Attorney's letter. I am sorry about this but there was an apparent miss communication with my attorney Mr. Joseph Fleming. ENDORSEMENT: Mr. Mazzurco is given two weeks to respond to the Government's recent letter. So Ordered. (Signed by Judge Kenneth M. Karas on 5/5/2011)(jty) (Entered: 05/09/2011)
11/04/201130 ORDER re: Petition. For the reasons stated herein, the Petition is dismissed. Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue, see 28 U.S.C. § 2253(c)(2); Lucidere v. N.Y. State Div. Of Parole, 209 F.3d 107, 111-12 (2d Cir. 2000), and the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith. The Clerk of the Court is respectfully directed to close this case. (Signed by Judge Kenneth M. Karas on 11/3/2011)(mml) (Entered: 11/07/2011)