U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:00-cr-00583-DC-10,11,12,13,14,15


Case title: USA v. Penachio, et al

Date Filed: 05/31/2000
Date Terminated: 09/10/2001

Assigned to: Judge Denny Chin

Defendant (10)
Nick Penachio Co. Inc.
TERMINATED: 09/10/2001

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
15:1.F ANTITRUST VIOLATIONS
(1)
The charges against Penachio and Penachio Co. in this case are dismissed. (See Plea Agreement in 00 Cr. 584 (JSR).

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Denny Chin

Defendant (11)
Irving Libertoff Inc.
TERMINATED: 10/03/2001
represented byAdam Steven Hoffinger
DLA Piper US LLP (NY)
1251 Avenue of the Americas
New York, NY 10020
202-887-1500
Fax: 202-887-0763
Email: ahoffinger@mofo.com
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS-15:1 Antitrust Conspiracy
(1s)
Probation: 5 Years. Fine: $4,000,000.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
15:1.F ANTITRUST VIOLATIONS
(1)
underlying Count 1 is dismissed on the motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Denny Chin

Defendant (12)
West Side Foods Inc.
TERMINATED: 11/02/2001
represented byFrank Michael Graziadei
Frank M. Graziadei, P.C.
130 water Street - Suite 10 - B
New York, NY 10005
212-785-0885
Fax: 212-785-2195
Email: GRAZLAW78@gmail.com
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS
(1)
The defendant is hereby placed on a probation for a term of 5 YEARS. The defendant shall pay a fine in the amount of $100,000.00 and a restitution in the amount of $1,920,000.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Denny Chin

Defendant (13)
M & F Meat Prododucts Co
TERMINATED: 11/02/2001
represented byCathy Ann Fleming
Edwards Angell Palmer & Dodge, LLP (NYC)
750 Lexington Avenue
New York, NY 10022
212-308-4411
Fax: 212-308-4844
Email: cafleming@nixonpeabody.com
TERMINATED: 11/02/2001
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS
(1)
The defendant is hereby placed on a probation for a term of 2 YEARS. The defendant shall pay a restitution in the amount of $540,000.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Denny Chin

Defendant (14)
DiCarlo Distribitors Inc.
TERMINATED: 08/14/2001

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS
(1)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None

Assigned to: Judge Denny Chin

Defendant (15)
FHR Inc
TERMINATED: 10/01/2001
represented byNicholas A. Gravante , Jr
Barrett, Gravante, Carpinello & Stern, L.L.P.
570 Lexington Avenue
New York, NY 10022
(212) 446-2300
TERMINATED: 10/01/2001
LEAD ATTORNEY
Designation: Retained

Pending Counts

Disposition
15:1.F ANTITRUST VIOLATIONS-15:1 Antitrust Conspiracy
(1s)
Probation: 5 years.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
15:1.F ANTITRUST VIOLATIONS
(1)
Counts Dismissed on the Motion of the United States.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byDouglas Michael Tween
Baker & McKenzie LLP
1114 Avenue of The Americas
NY, NY 10036
(212) 626-4100
Fax: (212) 310-1600
Email: douglas.tween@usdoj.gov
LEAD ATTORNEY

Date Filed #Docket Text
05/31/2000SEALED INDICTMENT as to Nicholas A. Penachio (1) count(s) 1, Stuart Libertoff (2) count(s) 1, Alan R. Adelson (3) count(s) 1, Thomas M. Ryan (4) count(s) 1, Arthur Bohrer (5) count(s) 1, William Greenspan (6) count(s) 1, David Salomon (7) count(s) 1, John DiCarlo (8) count(s) 1, Frank H. Russo (9) count(s) 1, Nick Penachio (10) count(s) 1, Irving Libertoff (11) count(s) 1, West Side Food (12) count(s) 1, M & F Meat Prod (13) count(s) 1, DiCarlo Distributor (14) count(s) 1, FHR Inc (15) count(s) 1 (jm) (Entered: 06/01/2000)
05/31/2000ORDER as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio, Irving Libertoff, West Side Food, M & F Meat Prod, DiCarlo Distributor, FHR Inc that the indictment be sealed. ( Signed by Magistrate Judge Kevin Nathaniel Fox ); Copies mailed. (jm) (Entered: 06/01/2000)
06/01/2000ORDER as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio, Irving Libertoff, West Side Food, M & F Meat Prod, DiCarlo Distributor, FHR Inc, Unsealing Indictment ( Signed by Magistrate Judge Kevin Nathaniel Fox ); Copies mailed. (jm) (Entered: 06/01/2000)
06/01/2000  Indictment unsealed as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio, Irving Libertoff, West Side Food, M & F Meat Prod, DiCarlo Distributor, FHR Inc (jm) (Entered: 06/01/2000)
06/08/2000  First Appearance as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, West Side Food, M & F Meat Prod, DiCarlo Distributor, FHR Inc. held. (bw) (Entered: 06/09/2000)
06/08/2000  Arraignment as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, West Side Food, M & F Meat Prod, DiCarlo Distributor, FHR Inc held: Nicholas A. Penachio (1) count(s) 1, Stuart Libertoff (2) count(s) 1, Alan R. Adelson (3) count(s) 1, Thomas M. Ryan (4) count(s) 1, Arthur Bohrer (5) count(s) 1, William Greenspan (6) count(s) 1, David Salomon (7) count(s) 1, John DiCarlo (8) count(s) 1, Frank H. Russo (9) count(s) 1, West Side Food (12) count(s) 1, M & F Meat Prod (13) count(s) 1, DiCarlo Distributor (14) count(s) 1, FHR Inc (15) count(s) 1. ... AUSA Mikeljohn present. Deft NICOLAS PENACHIO present w/atty Shargel. Deft pleads Not Guilty. Bail continued $3,000,000 PRB, cos by wife, two sons, and daughter-in-law. Bond secured by deft's home and the homes of his two sons. Surr PP. Travel limits to NY, NJ, CT & Florida; Deft STUART LIBERTOFF present w/atty Huffinger. Deft pleads Not Guilty. Bail continued $5,000,000 PRB sec by residence, cos by wife, surr PP, Travel limits NY, NJ, CT, MA & Fla.; Deft ALAN ADELSON present w/atty Lawler. Deft pleads Not Guilty. Bail continued $2.5 PRB, cos by father and mother, surr PP. Travel limits NY, NJ, CT, PA, MA & Fla.; Deft THOMAS RYAN present w/atty McCabe. Deft pleads Not Guilty. Bail continued $2.5 million PRB, sec by 401k money and sec in Smith Barney, his interests in Vista Food Exchange, surr PP. Travel limits NY, NJ, CT, CAL in July and August; Deft ARTHUR BOHRER not present, attorney Stein present, enters plea of Not Guilty. Bail continued; Deft WILLIAM GREENSPAN present w/atty McKemna. Deft pleads Not Guilty. Bail continued $150,000 PRB unsecured. Surr PP. Travel limits NY, NJ, CT, Fla, NH, VT; Deft DAVID SALOMON present w/atty Abrams. Deft pleads Not Guilty. Bail continued $1,000,000 PRB, cos by wife and brother. Surr PP. Travel limits NY, NJ, Delaware, PA & Fla.; Deft JOHN DICARLO present w/atty Sorroca. Deft pleads Not Guilty. Bail continued $1.5 million PRB, cos my wife and brother. Surr PP. Travel limits NY, NJ, CT, LA, MA; Deft FRANK RUSSO present w/atty Gravante. Deft pleads Not Guilty. Bail continued $1 million PRB, surr PP. Travel limits NY, NJ, PA; Deft WEST SIDE FOODS, INC. present w/atty Graziadei. Deft pleads Not Guilty; Deft M & F MEAT PRODUCTS CO. present w/atty Abrams. Deft pleads Not Guilty; Deft DiCARLO DISTRIBUTORS, INC. present w/atty Rocco. Deft pleads Not Guilty; Deft FHR, INC. present w/atty Gravante. Deft pleads Not Guilty. Case assigned to Judge Chin for all purposes. ( Held before Magistrate Judge Andrew J. Peck ) (bw) (Entered: 06/09/2000)
06/08/2000  PLEA entered by Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, West Side Food, M & F Meat Prod, DiCarlo Distributor, FHR Inc. Court accepts plea. Not Guilty: Nicholas A. Penachio (1) count(s) 1, Stuart Libertoff (2) count(s) 1, Alan R. Adelson (3) count(s) 1, Thomas M. Ryan (4) count(s) 1, Arthur Bohrer (5) count(s) 1, William Greenspan (6) count(s) 1, David Salomon (7) count(s) 1, John DiCarlo (8) count(s) 1, Frank H. Russo (9) count(s) 1, West Side Food (12) count(s) 1, M & F Meat Prod (13) count(s) 1, DiCarlo Distributor (14) count(s) 1, FHR Inc (15) count(s) 1. (bw) (Entered: 06/09/2000)
06/08/2000  CASE ASSIGNED to Judge Denny Chin. (bw) (Entered: 06/09/2000)
06/08/2000  Pre-Trial Conference as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio Co., Inc., Irving Libertoff, Inc., West Side Foods, Inc., M & F Meat Products Co., DiCarlo Distributors, Inc., FHR Inc. held. ... Deft NICHOLAS PENACHIO present w/atty Gerald Shargel, AUSAs Rebecca Meiklejohn and Douglas Tween present. Bail contd. Deft STUART LIBERTOFF present w/atty Jack Hoffinger. Bail contd. Deft ALAN ADELSON present w/atty Andrew Lawler. Bail contd. Deft THOMAS RYAN present w/atty Lawrence McCabe. Bail contd. Deft ARTHUR BOHRER present w/atty Mark Stein. Bail contd. Deft WILLIAM GREENSPAN present w/atty Kevin McKenna. Bail contd. Deft DAVID SALOMON present w/atty Cathy Fleming by Idele Abrams. Bail contd. Deft JOHN DICARLO present w/atty Michael Soroka. Bail contd. Deft FRANK RUSSO present w/atty Nicholas Gravanie. Bail contd. Deft NICK PENACHIO CO. represented by/atty Gerald Shargel. Deft IRVING LIBERTOFF, INC. represented by/atty Adam Hoffinger. Deft WEST SIDE FOODS, INC. represented by/atty Frank Graziaoei. Deft M & F MEAT PRODUCTS CO. represented by/atty Cathy Fleming by Idele Abrams. Deft DICARLO DISTRIBUTORS, INC. represented by/atty Victor Rocco. Deft FHR, INC. represented by/atty Nicholas Gravanie. PTC held and concluded. Next PTC set for 8/15/00 at 4:30 p.m. Time excluded from 6/8 - 8/15/00. ( Held before Judge Chin ) (bw) (Entered: 07/06/2000)
06/08/2000  Pre-Trial Conference as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio Co., Inc., Irving Libertoff, Inc., West Side Foods, Inc., M & F Meat Products Co., DiCarlo Distributors, Inc., FHR, Inc. set at 4:30 p.m. 8/15/00. (bw) (Entered: 07/06/2000)
06/08/2000  First Appearance as to Nick Penachio held (rag) (Entered: 09/20/2001)
08/15/2000  Pre-Trial Conference as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio, Irving Libertoff, West Side Food, M & F Meat Prod, DiCarlo Distributor, FHR Inc held. Defendant Nicholas Penachio present with attorney Gerlad Shargel and Sarita Kedra. Bail continued. Attorneys rebecca Meklejohn, Douglas Turken, Mary Ann Carnival, Debra Cook and Elizabeth Prewitt present for the government. Defendant S. Libertoff present with attorney Jack Hoffingon. Bail continued. Defendant Adelson present with attorney Andrew Lawler. Bail continued. Defendant Ryan present with attorney Michael Armstrong. Bail continued. Defendant Bohrer not present, attorney Authur Rubin present. Bail continued. Defendant Greenspan not present, Kevin McKenna present. Bail continued. Defendant Saloman present with attorney Cathy Fleming. Bail continued. Defendant DiCarlo present with attorney Charles Stillman. Bail continued. Defendant Russo present with attorney Nick Gravante. Bail continued. Defendant Nick Penachio Co. present with attorney Gerald Sharita Kedra. Defendant Irving Libertoff, inc. present with attorney Adam Hoffingon. Defendant West Side Food present with attorney Frank Graziadei. Defendant M and F Meat products present with attorney Cathy Fleming. Defendant DiCarlo Dist. present with attorney Victor Rocco. Defendant FHR, Inc present with attorney Mich Gravante. NEXT PTC set for 10/16/00 at 4:30. Time excluded from 8/15/00 until 10/16/00. Curcio hearing held and concluded from Nicholas Penachio and Nicholas Penachio Inc., David Soloman and M+F Meat Products, Frank Russo and FHR, Inc. Court finds that each party waives right for independent counsel. Parites will proceed with existing counsel. (mr) Modified on 08/30/2000 (Entered: 08/30/2000)
08/15/2000  ORAL ORDER as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio, Irving Libertoff, West Side Food, M & F Meat Prod, DiCarlo Distributor, FHR Inc , set pre-trial conference for 10/16/00 for Nicholas A. Penachio, for Stuart Libertoff, for Alan R. Adelson, for Thomas M. Ryan, for Arthur Bohrer, for William Greenspan, for David Salomon, for John DiCarlo, for Frank H. Russo, for Nick Penachio, for Irving Libertoff, for West Side Food, for M & F Meat Prod, for DiCarlo Distributor, for FHR Inc ( Entered by Judge Denny Chin ) (mr) (Entered: 08/30/2000)
08/25/200020 Stipulation and Order as to David Salomon, M & F Meat Prod, substituting attorney Wolf, Block, Schorr and Solis-Cohen LLP, 250 Park Avenue, New York, N.Y. terminated Added Cathy Fleming ( Signed by Judge Denny Chin ). (mb) (Entered: 08/25/2000)
09/19/200021 Filed Memo-Endorsement on letter addressed to Judge Chin from Attorney Charles A. Stillman, dated 9/14/00, as to defts Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio, Irving Libertoff, West Side Food, M & F Meat Prod, DiCarlo Distributor, FHR Inc. Mr. Stillman writes, on behalf of John DiCarlo, Victor J. Rocco, DiCarlo Distributors, Inc., Cathy Fleming, M&F Meat Products Co. and David Salomon, to request that the motion schedule set by the Judge be held in abeyance until Judge Rakoff issues his opinion in 00Cr.584; JUDGE ENDORSED - This application is DENIED, except that defendants may have until 9/25/00 to file their motions. ( Signed on 9/18/00 by Judge Denny Chin ); Copies mailed. (bw) (Entered: 09/19/2000)
09/19/200022 MOTION by Frank H. Russo, FHR Inc. The defendants Frank H. Russo and FHR, Inc. hereby join in all of the pre-trial motions submitted by their co-defendants to the extent that they are applicable to them. Return date not specified. (bw) (Entered: 09/19/2000)
09/25/200023 MOTION by John DiCarlo, DiCarlo Distributors Inc., for an Order granting the defendants' motion to dismiss the indictment for failure to state a crime and grant such other relief as the Court may deem just and proper. Return date 10/16/00. (bw) (Entered: 09/26/2000)
09/25/200024 MEMORANDUM Of Law by John DiCarlo, DiCarlo Distributor in support of [23-1] motion for an Order granting the defendants' motion to dismiss the indictment for failure to state a crime and grant such other relief as the Court may deem just and proper. (bw) (Entered: 09/26/2000)
09/27/200026 MOTION by David Salomon, M & F Meat Prod requiring the Government to provide complete- and unredacted- copies of all statements made by M&F pursuant to Fed R. Crim p.16. , for Disclosure of all favorable information within its possession to M&F. , for discovery , require the Government to provide Brady materials immediately. , require the Government to provide Giglio and Jencks material in advance of trial. , require the Government to retain and protect rough notes and reports. , requiring the Government to provide motice and the evidentiary basis of any Rule 404(b) material and of any unusaul evidentiay issues. , allowing M&F to join in co-defendant's motions to the extent applicable and not inconsistent with M&F motions. , and grant M&F the right to file additional pretrial motions including potentially a motion for severence, particularily given the pending motions before Judge Rakoff in another case. (mr) (Entered: 09/28/2000)
09/27/200027 MEMORANDUM by David Salomon, M & F Meat Prod in support of [26-1] motion requiring the Government to provide complete- and unredacted- copies of all statements made by M&F pursuant to Fed R. Crim p.16., [26-2] motion for Disclosure of all favorable information within its possession to M&F., [26-3] motion for discovery, [26-4] motion require the Government to provide Brady materials immediately., [26-5] motion require the Government to provide Giglio and Jencks material in advance of trial., [26-6] motion require the Government to retain and protect rough notes and reports., [26-7] motion requiring the Government to provide motice and the evidentiary basis of any Rule 404(b) material and of any unusaul evidentiay issues., [26-8] motion allowing M&F to join in co-defendant's motions to the extent applicable and not inconsistent with M&F motions., [26-9] motion grant M&F the right to file additional pretrial motions including potentially a motion for severence, particularily given the pending motions before Judge Rakoff in another case. (mr) (Entered: 09/28/2000)
09/27/200028 AFFIDAVIT signed by Cathy Fleming as to David Salomon, M & F Meat Prod Re: [27-1] support memorandum (mr) (Entered: 09/28/2000)
10/06/200029 RESPONSE by USA re [23-1] motion for an Order granting the defendants' motion to dismiss the indictment for failure to state a crime and grant such other relief as the Court may deem just and proper. as to John DiCarlo, DiCarlo Distributor (sl) (Entered: 10/10/2000)
10/06/200030 RESPONSE by USA re [26-1] motion requiring the Government to provide complete- and unredacted- copies of all statements made by M&F pursuant to Fed R. Crim p.16., [26-2] motion for Disclosure of all favorable information within its possession to M&F., [26-3] motion for discovery, [26-4] motion require the Government to provide Brady materials immediately., [26-5] motion require the Government to provide Giglio and Jencks material in advance of trial., [26-6] motion require the Government to retain and protect rough notes and reports., [26-7] motion requiring the Government to provide motice and the evidentiary basis of any Rule 404(b) material and of any unusaul evidentiay issues., [26-8] motion allowing M&F to join in co-defendant's motions to the extent applicable and not inconsistent with M&F motions., [26-9] motion grant M&F the right to file additional pretrial motions including potentially a motion for severence, particularily given the pending motions before Judge Rakoff in another case. as to David Salomon, M & F Meat Prod (sl) (Entered: 10/10/2000)
10/13/200032 TRANSCRIPT of record of proceedings as to Nicholas A. Penachio, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio, Irving Libertoff, West Side Food, M & F Meat Prod, DiCarlo Distributor, FHR Inc for dates of 8/15/00. (cd) (Entered: 10/13/2000)
10/13/200033 REPLY MEMORANDUM by John DiCarlo, DiCarlo Distributor in support of [23-1] motion for an Order granting the defendants' motion to dismiss the indictment for failure to state a crime and grant such other relief as the Court may deem just and proper. (mr) (Entered: 10/16/2000)
10/16/200034 REPLY Memorandum of Law by defendants David Salomon, M & F Meat Products Company in further support of their various pretrial motions. (bw) (Entered: 10/18/2000)
10/16/2000  Pre-Trial Conference as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, Frank H. Russo, Nick Penachio, Irving Libertoff, West Side Food, M & F Meat Prod, DiCarlo Distributor, FHR Inc held. Defendant Penachio present with attorney Gerlad Shargel. Government attorney Rebecca Meiklejohn, Elizabeth Preqitt, Debra Brookes and Douglas Tween present. Bail continued. Defendant Stuart Libertoff present with attorney Jack Hoffinger. Bail continued. Defendant Alan Adelson present with attorney Andrew Lawler, Bail. Defendant Thomas Ryan present with attorney Lawrence McCabe, Bail. Defendant Arthur Behrer not present, attorney Kevin McKenna, Bail. Defendant William Greenspan not present, attorney Kevin McKenna, Bail. Defendant David Saloma present with attorney Cathy Fleming and Idelle Abrau. Bail. Defendant Frank Russo present with attorney Roland Riopelle, Bail. Defendant Nick Penachio, INC, attorney Gerald Shargel. Defendant Irving Libertoff, Inc., attorney Jack Hoffinger. Defendant West Side Foods, Inc., Attorney Frank Graziadel. Defendant M&F Meat Provisions, attorney Cathy Fleming present. Defendant DiCarlo Dist., attorney Victor Rocco present. Defendant FHR Inc, attorney Roland Riopelle. Next PTC set for 4/17/01 at 4:30 pm. Trial set for 5/14/01 at 10:090. Time excluded from 10/10/00 until 4/17/01. (mr) (Entered: 10/23/2000)
10/16/2000  ORAL ORDER as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, Frank H. Russo, Nick Penachio, Irving Libertoff, West Side Food, M & F Meat Prod, DiCarlo Distributor, FHR Inc , set pre-trial conference for 4:30 4/17/01 for Nicholas A. Penachio, for Stuart Libertoff, for Alan R. Adelson, for Thomas M. Ryan, for Arthur Bohrer, for William Greenspan, for David Salomon, for John DiCarlo, for Frank H. Russo, for Nick Penachio, for Irving Libertoff, for West Side Food, for M & F Meat Prod, for DiCarlo Distributor, for FHR Inc ( Entered by Judge Denny Chin ) (mr) (Entered: 10/23/2000)
11/06/200036 Filed Memo-Endorsement on letter addressed to Judge Chin from Nicholas A. Gravante, Jr., Esq., counsel for Frank H. Russo, and FHR Inc, dated 10/31/00. Re: Request a modification of Mr. Russo's bail conditions to permit travel to the State of Florida. Application granted. ( Signed by Judge Denny Chin ); Copies mailed. (mb) (Entered: 11/06/2000)
03/14/200146 Filed Memo-Endorsement on letter addressed to Judge Chin from Attorney Douglas M. Tween (of U.S. Dept. of Justice, Antitrust Division), dated 3/7/01, as to defts Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio, Irving Libertoff, West Side Food, M & F Meat Prod, DiCarlo Distributor, FHR Inc. ... The gov't moves the Court to now set 4/4/01, the date of their next scheduled pretrial conference, as the date by which any deft must have entered a guilty plea in order to qualify for a deduction for acceptance of responsibility; JUDGE ENDORSED - This application is GRANTED to the following extent: Any defendant who has not pled guilty by April 4, 2001 will not be eligible for a deduction for acceptance of responsibility. This deadline will be extended only upon a showing of good cause. So Ordered. ( Signed on 3/13/01 by Judge Denny Chin ); Copies mailed. (bw) (Entered: 03/14/2001)
04/04/2001  Pretrial Conference as to Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, Frank H. Russo, Irving Libertoff, West Side Food, M & F Meat Prod, FHR Inc held and concluded.Deft Stuart Libertoff present w/ Atty Jack Hoffinger. Govt Atty Rebecca Meiklejohn. Bail cont'd. Deft Alan Adelson present w/ Atty Andrew Lawler. Bail cont'd. Deft Thomas Ryan present w/ Atty Lawrence McCabe. Bail cont'd. Deft Arthur Bohren present w/ Atty Mark Stein. Bail cont'd. Deft William Greenspan present w/ Atty Kevin McKenna. Bail cont'd. Deft David Saloman present w/ Atty Cathy Fleming. Bail cont'd.Deft Frank Russo present w/ Atty Nicholas Gravante. Bail cont'd. Deft Irving Libertoff, Inc. present w/ Atty Jack Hoffinger. Deft West Side Foods, Inc present w/ Atty Frank Graziade. Deft M&F Meat Products present w/ Atty Cathy Fleming. Deft FHR, Inc. present w/ Atty Nicholas Gravante. PTC held and concluded. Trial set for 05/14/01. (rag) (Entered: 06/13/2001)
04/04/2001  Jury trial as to Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, Frank H. Russo, Irving Libertoff, West Side Food, M & F Meat Prod, FHR Inc set at 5/14/01 for Alan R. Adelson, for Thomas M. Ryan, for Arthur Bohrer, for William Greenspan, for David Salomon, for Frank H. Russo, for Irving Libertoff, for West Side Food, for M & F Meat Prod, for FHR Inc, for Stuart Libertoff (rag) (Entered: 06/13/2001)
04/05/200148 Filed Memo-Endorsement on letter addressed to Judge Chin from Attorney Victor J. Rocco, dated 4/3/01, as to defts John DiCarlo, DiCarlo Distributor, Inc. Mr. Rocco writes to request that defts John DiCarlo and Dicarlo Distributors, Inc. be excused from the appearance scheduled on 4/4/01. Mr. Rocco also requests that Mr. Stillman and he be excused from the conference; JUDGE ENDORSED - Application granted. ( Signed on 4/3/01 by Judge Denny Chin ); Copies mailed. (bw) (Entered: 04/05/2001)
04/23/2001  Pretrial Conference held. Deft Saloman present w/ Atty Cathy Fleming. Govt Atty Rebecca Meikeljohn. Bail cont'd. Deft M&F Meat present w/ Atty Harold Ruvolot. PTC held and concluded. Issues pertaining to witness Heide Coelho discussed by Atty Paul Brickfeld. Next PTC set for 05/02/01 at 4:30pm. (rag) (Entered: 06/13/2001)
04/23/2001  Pretrial Conference as to David Salomon, M & F Meat Prod set at 4:30 5/2/01 for David Salomon, for M & F Meat Prod (rag) (Entered: 06/13/2001)
05/02/200157 WAIVER OF INDICTMENT by Irving Libertoff (rag) (Entered: 05/11/2001)
05/02/200159 (S3) SUPERSEDING INFORMATION as to Stuart Libertoff (2) count(s) 1s, 2s, Irving Libertoff (11) count(s) 1s (rag) (Entered: 05/11/2001)
05/02/2001  Arraignment as to Stuart Libertoff, Irving Libertoff held Stuart Libertoff (2) count(s) 1s, 2s, Irving Libertoff (11) count(s) 1s before Judge Denny Chin. Deft. Stuart Libertoff and Irving Libertoff present w/atty Jack Hoffinger. Attorney for Governemnt Rebecca Meiklejohn. Deft. waives indictment and pleas not guilty to information. Deft. w/draws plea of n/g and pleas as follows Stuart Libertoff (Cts. 1 & 2) Irving Libertoff, Inc. (Ct 1). PSI ordered. Sentence date 8/21/01 at 4:30. Bail as to Stuart Libertoff, Inc. (rag) (Entered: 05/11/2001)
05/02/2001  PLEA entered by Stuart Libertoff, Irving Libertoff . Court accepts plea. Guilty: Stuart Libertoff (2) count(s) 1s, 2s, Irving Libertoff (11) count(s) 1s (rag) (Entered: 05/11/2001)
05/02/2001  Court Orders pre-sentence investigation as to Stuart Libertoff, Irving Libertoff (rag) (Entered: 05/11/2001)
05/02/2001  Sentencing set for 4:30 8/21/01 for Stuart Libertoff, for Irving Libertoff , Stuart Libertoff (2) count(s) 1s, 2s, Irving Libertoff (11) count(s) 1s (rag) (Entered: 05/11/2001)
05/02/200160 WAIVER OF INDICTMENT by FHR Inc (rag) (Entered: 05/11/2001)
05/02/200162 (S2) SUPERSEDING INFORMATION as to Frank H. Russo (9) count(s) 1s, 2s, FHR Inc (15) count(s) 1s (rag) (Entered: 05/11/2001)
05/02/2001  Arraignment as to Frank H. Russo, FHR Inc held Frank H. Russo (9) count(s) 1s, 2s, FHR Inc (15) count(s) 1s before Judge Denny Chin. Deft. Frank H. Russo and FHR, Inc. present w/atty Nicholas Gravante. Atty for Government Rebecca Meiklejohn. Deft's arraigned and plead n/g to infomation. Deft's w/draws pleas of n/g and plead guilty to counts 1 & 2 (Frank Russo) and Ct. 1 (FHR, Inc.). PSI ordered. Sentence date 8/21/01 at 4:30. Bail as to Frank Russo. (rag) (Entered: 05/11/2001)
05/02/2001  PLEA entered by Frank H. Russo, FHR Inc . Court accepts plea. Guilty: Frank H. Russo (9) count(s) 1s, 2s, FHR Inc (15) count(s) 1s (Terminated motions - terminating [22-1] motion The defendants Frank H. Russo and FHR, Inc. hereby join in all of the pre-trial motions submitted by their co-defendants to the extent that they are applicable to them. as to Frank H. Russo (9), FHR Inc (15) ) (rag) (Entered: 05/11/2001)
05/02/2001  Court Orders pre-sentence investigation as to Frank H. Russo, FHR Inc (rag) (Entered: 05/11/2001)
05/02/2001  Sentencing set for 4:30 8/21/01 for Frank H. Russo, for FHR Inc , Frank H. Russo (9) count(s) 1s, 2s, FHR Inc (15) count(s) 1s (rag) (Entered: 05/11/2001)
05/02/2001  Pretrial Conference as to David Salomon, M & F Meat Prod held. Deft Salamon present w/ Atty Cathy Fleming. Dept of Justice Rebecca Meiklejohn & Mary Ann Carnival. Bail cont'd. Deft M&F Meat Products present w/ Atty Harold Ruvolut. Atty Paul Brickfeld present for witness Coelho. PTC held and concluded. (rag) (Entered: 06/13/2001)
05/02/2001  Change of Plea Hearing as to West Side Food held. Deft West Side Foods, Inc present w/ Atty Frank Graziade. Deft withdraws not guilty plea and plead guilty to count 1 of the indictment. PSI ordered. Sentence date set for 08/22/01. (rag) (Entered: 06/13/2001)
05/02/2001  Change of Not Guilty Plea to Guilty Plea by West Side Food West Side Food (12) count(s) 1 (rag) (Entered: 06/13/2001)
05/02/2001  PLEA entered by West Side Food . Court accepts plea. Guilty: West Side Food (12) count(s) 1 (rag) (Entered: 06/13/2001)
05/02/2001  Court Orders pre-sentence investigation as to West Side Food (rag) (Entered: 06/13/2001)
05/02/2001  Sentencing set for 8/22/01 for West Side Food , West Side Food (12) count(s) 1 (rag) (Entered: 06/13/2001)
05/08/200153 MOTION by USA as to David Salomon, M & F Meat Prod in limine (sg) (Entered: 05/09/2001)
05/09/200154 TRANSCRIPT of record of proceedings as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, West Side Food, M & F Meat Prod, FHR Inc for dates of 3/4/01. (db) (Entered: 05/09/2001)
05/09/2001  Pretrial Conference as to Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, Frank H. Russo, Irving Libertoff, West Side Food, Stuart Libertoff held. Deft Libertoff present w/ Atty Jack Hoffington. DOJ Rebecca Meiklejohn. Bail cont'd. Deft Adelson present w/ Atty Sharon Feldman. Deft Ryan present w/ Atty Lawrence McCabe. Deft Frank Russo present w/ Atty Nicholas Gravante. Deft Irving Libertoff, Inc. present w/ Atty Jack Hoffington. Deft West Side Foods, Inc. present w/ Atty Nicholas Gravante. Deft Arthur Bohrer not present Atty Arthur Rubin. PTC held and concluded. issues about pleas held and concluded. (rag) (Entered: 06/13/2001)
05/11/200163 PLEA AGREEMENT by Stuart Libertoff, Irving Libertoff, Inc., USA. (bw) (Entered: 05/14/2001)
05/11/200164 PLEA AGREEMENT by Alan R. Adelson, Thomas M. Ryan, West Side Foods, Inc., USA. (bw) (Entered: 05/14/2001)
05/11/200166 Plea Agreement as to Frank H. Russo, FHR Inc (sg) (Entered: 05/14/2001)
05/14/2001  Voir dire begun as to David Salomon (7) count(s) 1, M & F Meat Prod (13) count(s) 1 Terminated motions: terminating [53-1] motion in limine as to David Salomon (1), M & F Meat Prod (1), terminating [26-1] motion requiring the Government to provide complete- and unredacted- copies of all statements made by M&F pursuant to Fed R. Crim p.16. as to David Salomon (1), M & F Meat Prod (1), terminating [26-2] motion for Disclosure of all favorable information within its possession to M&F. as to David Salomon (1), M & F Meat Prod (1), terminating [26-3] motion for discovery as to David Salomon (1), M & F Meat Prod (1), terminating [26-4] motion require the Government to provide Brady materials immediately. as to David Salomon (1), M & F Meat Prod (1), terminating [26-5] motion require the Government to provide Giglio and Jencks material in advance of trial. as to David Salomon (1), M & F Meat Prod (1), terminating [26-6] motion require the Government to retain and protect rough notes and reports. as to David Salomon (1), M & F Meat Prod (1), terminating [26-7] motion requiring the Government to provide motice and the evidentiary basis of any Rule 404(b) material and of any unusaul evidentiay issues. as to David Salomon (1), M & F Meat Prod (1), terminating [26-8] motion allowing M&F to join in co-defendant's motions to the extent applicable and not inconsistent with M&F motions. as to David Salomon (1), M & F Meat Prod (1), terminating [26-9] motion grant M&F the right to file additional pretrial motions including potentially a motion for severence, particularily given the pending motions before Judge Rakoff in another case. as to David Salomon (1), M & F Meat Prod (1). Trial commenced for deft. David Salomon by Cathy Fleming. M & F Meat products, Co by Harold Ruvolot. Rebecca Meiklejohn, Douglas Tween and Elizabeth Prewut present for DOJ. Jury selected. (rag) (Entered: 06/13/2001)
05/14/2001  Jury trial as to David Salomon, M & F Meat Prod begun (rag) (Entered: 06/13/2001)
05/14/2001  Jury trial as to David Salomon, M & F Meat Prod held (rag) (Entered: 06/13/2001)
05/15/2001  Jury trial as to David Salomon, M & F Meat Prod held (ac) Modified on 06/13/2001 (Entered: 06/13/2001)
05/16/200167 ORDER as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio, Irving Libertoff, West Side Food, M & F Meat Prod, DiCarlo Distributor, FHR Inc, that defense counsel Wolf, Block, Schorr and Solis-Cohen LLP is permitted to transport trial materials consisting of 50-100 boxes via Premiere Courier Service to and from the courthouse and courtroom 11A each morning and evening beginning Monday 5/14/01 for the duration of the trial in the above captioned matter. ( Signed by Judge Denny Chin ); Copies mailed. (mr) (Entered: 05/17/2001)
05/16/200168 ORDER as to David Salomon, M & F Meat Products Co. It is hereby ORDERED, pursuant to 18 U.S.C. Sections 6002 and 6003, that Christina Pereira give testimony or provide other information which she refuses to give or provide on the basis of her privilege against self-incrimination as to all matters about which she may be interrogated, AND IT IS FURTHER ORDERED that no testimony or other information compelled under this Order (or any testimony or other information directly or indirectly derived therefrom) may be used against Christina Pereira in any criminal case except a prosecution for perjury, giving a false statement or otherwise failing to comply with this Order. AND IT IS FURTHER ORDERED that this Order shall become effective only if after the issue of this Order Christina Pereira refuses to testify or provide information on the basis of her privilege against self-incrimination and this Order is served upon her. ( Signed on 5/15/01 by Judge Denny Chin ); Copies mailed. (bw) (Entered: 05/17/2001)
05/16/200169 ORDER as to David Salomon, M & F Meat Prod, that no testimony or other information compelled under this Order( or any testimony or other information directelyor indirectly derived therefrom ) may be used against Elaine Russo in any criminal case excetp a prosecution for perjury, giving a false statement or otherwise failing to comply with this order. Ordered that this Order shall become effective only if after the issue of this Order Elaine Russo refuses to testify or provide information on the basis of her priviliege against self-incrimination and this Order is served upon her. ( Signed by Judge Denny Chin ); Copies mailed. (sg) (Entered: 05/17/2001)
05/16/2001  Jury trial as to David Salomon, M & F Meat Prod held (ac) (Entered: 06/13/2001)
05/17/2001  Jury trial as to David Salomon, M & F Meat Prod held (ac) (Entered: 06/13/2001)
05/21/2001  Jury trial as to David Salomon, M & F Meat Prod held (ac) (Entered: 06/13/2001)
05/22/200170 ORDER as to David Salomon, M & F Meat Prod, pursuant to 18 U.S.C.6002 and 6003, that Elaine Russo give testimony or provide other information which she refuses to give or provide on the basis of her privilege against self-incrimination as to all matters about which she may be interrogated, and it is further ordered that no testimony or other information compelled under this Order (or any testimony or other information directly or indirectly derived therefrom) may be used against Elaine Russo in any criminal case except a prosecution for perjury, giving a false statement or otherwise failing to comply with this Order. And it is further ordered that this Order shall become effective only if after the issue of this Order Elaine Russo refuses to testify or provide information on the basis of her privilege against self-incrimination an d this Order is served upon her. ( Signed by Judge Denny Chin ); Copies mailed. (rag) (Entered: 05/23/2001)
05/22/2001  Jury trial as to David Salomon, M & F Meat Prod held (ac) (Entered: 06/13/2001)
05/24/2001  Jury trial as to David Salomon, M & F Meat Prod held (ac) (Entered: 06/13/2001)
05/25/2001  Jury trial as to David Salomon, M & F Meat Prod held (ac) (Entered: 06/13/2001)
05/29/2001  Jury trial as to David Salomon, M & F Meat Prod held (ac) (Entered: 06/13/2001)
05/30/2001  Jury trial as to David Salomon, M & F Meat Prod held (ac) (Entered: 06/13/2001)
05/31/2001  Jury trial as to David Salomon, M & F Meat Prod held (ac) (Entered: 06/13/2001)
06/04/2001  Jury trial as to David Salomon, M & F Meat Prod held (ac) (Entered: 06/13/2001)
06/05/2001  Jury trial as to David Salomon, M & F Meat Prod held (ac) (Entered: 06/13/2001)
06/06/2001  Jury trial as to David Salomon, M & F Meat Prod held (ac) (Entered: 06/13/2001)
06/06/2001  Jury trial as to David Salomon, M & F Meat Prod concluded. Trial concluded. Deft David Saloman and M&F Food, Inc. found guilty on count 1 of indictment. See verdict sheet. Bail continued. (ac) (Entered: 06/13/2001)
06/06/2001  JURY VERDICT as to David Salomon, M & F Meat Prod Guilty: David Salomon (7) count(s) 1, M & F Meat Prod (13) count(s) 1 (ac) (Entered: 06/13/2001)
06/12/200172 TRANSCRIPT of record of proceedings as to David Salomon, M & F Meat Prod for dates of 4/23/01. (db) (Entered: 06/12/2001)
07/06/200173 TRANSCRIPT of record of proceedings as to Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, William Greenspan, Frank H. Russo, Irving Libertoff, West Side Food, FHR Inc for dates of 5/2/01. (gmo) (Entered: 07/06/2001)
07/09/200175 TRANSCRIPT of record of proceedings as to David Salomon, M & F Meat Prod for dates of 5/2/01. (gmo) (Entered: 07/09/2001)
07/09/200176 TRANSCRIPT of record of proceedings as to David Salomon, West Side Food for dates of 5/9/01. (gmo) (Entered: 07/09/2001)
07/11/200177 Filed Memo-Endorsement on letter dated 07/06/01 from Jack Hoffinger to Judge Chin as to Stuart Libertoff, Irving Libertoff, reset Sentencing for 4:30 9/5/01 for Stuart Libertoff, for Irving Libertoff ...Sentencing is adjourned until 09/05/01 at 4:30pm. So Ordered. ( Signed by Judge Denny Chin ); Copies mailed. (ac) (Entered: 07/11/2001)
07/12/200178 TRANSCRIPT of record of proceedings as to David Salomon, M & F Meat Prod . (gmo) (Entered: 07/12/2001)
07/12/200179 TRANSCRIPT of record of proceedings as to David Salomon, M & F Meat Prod for dates of 5/14-17,21/01. (gmo) (Entered: 07/12/2001)
07/12/200180 TRANSCRIPT of record of proceedings as to David Salomon, M & F Meat Prod for dates of 6/5-8,11,12/01. (gmo) (Entered: 07/12/2001)
07/12/200181 TRANSCRIPT of record of proceedings as to David Salomon, M & F Meat Prod for dates of 5/22,24,25,29/01. (gmo) (Entered: 07/12/2001)
08/13/200184 MOTION by David Salomon, M & F Meat Prod, please take notice that defendants M&F Meat Products Company and David Salomon (collectively, "M&F"), by their attorneys Wolf, Block, Schorr and Solis-Cohen LLP, upon the accompanying Memorandum of Law, and the prior proceedings hereto will move the Court on 9/5/01 at 3:00 p.m. or as soon thereafter as counsel may be heard at the United States Courthouse, 500 Pearl Street, New York, NY for an Order granting M&F's motions for Judgment of Acquittal pursuant to Fed.R.Crim.P.29 , or to dismiss the indictment , or for new trial . (ph) (Entered: 08/16/2001)
08/13/200185 MEMORANDUM OF LAW by David Salomon, M & F Meat Prod in support of [84-1] motion for Judgment of Acquittal pursuant to Fed.R.Crim.P.29, [84-2] motion to dismiss the indictment, [84-3] motion for new trial. (ph) (Entered: 08/16/2001)
08/14/200183 Filed Memo-Endorsement on letter to Judge Chin dated 8/8/01 from Rebecca Meiklejohn as to John DiCarlo, DiCarlo Distributor dismissing [23-1] motion for an Order granting the defendants' motion to dismiss the indictment for failure to state a crime and grant such other relief as the Court may deem just and proper. as to John DiCarlo (8), DiCarlo Distributor (14)...Motion granted; the pending charges in 00-cr-583 (DC) against John DiCarlo and DiCarlo Distributors Inc., are dismissed. So ordered. ( Signed by Judge Denny Chin ); Copies mailed. (ph) (Entered: 08/14/2001)
08/21/2001  Sentencing held FHR Inc (15) count(s) 1s. (ja) (Entered: 10/04/2001)
08/22/200186 SENTENCING MEMORANDUM by USA as to Frank H. Russo, FHR Inc (jb) (Entered: 08/24/2001)
08/24/200188 MEMORANDUM OF LAW IN OPPOSITION TO DEFT'S POST-TRIAL MOTIONS by USA as to David Salomon, M & F Meat Prod. (ac) Modified on 08/27/2001 (Entered: 08/27/2001)
08/27/2001  Payment of Fine by FHR Inc in the amount of $400.00: Date Received: 8/27/01. (mn) (Entered: 08/27/2001)
08/30/200189 SENTENCING MEMORANDUM by Stuart Libertoff, Irving Libertoff, Inc. as to Stuart Libertoff, Irving Libertoff, Inc. (ph) (Entered: 09/04/2001)
09/05/2001  Sentencing held Irving Libertoff (11) count(s) 1s. (jb) (Entered: 10/18/2001)
09/07/200191 PRE-SENTENCING MEMORANDUM by West Side Food as to West Side Food (ph) (Entered: 09/19/2001)
09/07/200192 AFFIDAVIT by Frank M. Graziadei as to West Side Food in support of Re: [91-1] pre-sentencing memorandum (ph) Modified on 09/19/2001 (Entered: 09/19/2001)
09/10/200190 Filed Memo-Endorsement on letter dated 8/29/01, as to Nicholas A. Penachio and Nick Penachio Co., Inc., from: Rebecca Meiklejohn, Atty. to: Judge Chin, re: ... In accordance with a Plea Agreement, on 2/20/01, Penachio and Penachio Co. pleaded guilty to participating in the "produce" conspiracy. Following Judge Rakoff's acceptance of their pleas, the government requested, and this Court ordered, that Penachio and Penachio Co. be severed from the then-pending frozen food Indictment, in contemplation of a dismissal after they were sentenced by Judge Rakoff. Both defendants have now been sentenced by Judge Rakoff. Therefore, as specified in the Plea Agreement, the government requests that the pending frozen food charge be dismissed. Application GRANTED. The charges against Penachio and Penachio Co. in this case are dismissed. SO ORDERED. (Signed by Judge Denny Chin); Copies mailed. (ja) (Entered: 09/10/2001)
09/10/200193 REPLY MEMORANDUM of LAW IN FURTHER SUPPORT OF DEFENDANTS DAVID SALOMON AND M&F FOODS' POST-TRIAL MOTIONS by David Salomon, M & F Meat Prod in support of [84-1] motion for Judgment of Acquittal pursuant to Fed.R.Crim.P.29, [84-2] motion to dismiss the indictment, [84-3] motion for new trial (jb) (Entered: 09/19/2001)
09/10/2001  DISMISSAL of Count(s) on Government Motion as to Nicholas A. Penachio, Nick Penachio. Counts Dismissed: Nicholas A. Penachio (1) count(s) 1, Nick Penachio (10) count(s) 1 (rag) (Entered: 09/20/2001)
09/24/2001  ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Nicholas A. Penachio, Arthur Bohrer, John DiCarlo, DiCarlo Distributor ...that the request for a 30-day exclusion from today, September 17, 2001, purs. to Title 18 U.S.C. Sec. 3161(h) (8) (A) is hereby granted for all criminal cases in which an indictment or information has been filed and is pending,..., Continuing due to extraordinary circumstances time is excluded from 9/17/01 to 10/17/01 ( Signed by Chief Judge Michael B. Mukasey ); [Original filed in M10-468 Document No. 22] (ICMSUSER) (Entered: 10/01/2001)
09/26/200195 TRANSCRIPT of record of proceedings as to Frank H. Russo, FHR Inc. for date of August 21, 2001, held before Judge Denny Chin. (bw) (Entered: 09/27/2001)
10/01/2001  DISMISSAL of Count(s) on Government Motion as to FHR Inc. Counts Dismissed: FHR Inc (15) 1. (ja) (Entered: 10/04/2001)
10/01/200198 FILED JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987). Defendant FHR, Inc (15) count(s) 1, Dismissed on the Motion of the United States. Defendant FHR Inc (15) pleaded guilty to count(s) 1s. Probation: 5 years. The defendant shall not commit another federal, state or local crime. The defendant shall not illegally possess a controlled substance. For offenses committed on or after September 12, 1994: The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter, as directed by the probation officer. The defendant shall not possess a firearm as defined in 18 U.S.C., Sec. 921. Assessment: $400.00. Restitution: $12,300,000.00. Judgment and Commitment issued to U.S. Marshal. Docketed as a judgment #01,1776 on 10/4/01. (Signed by Judge Denny Chin) (ja) Modified on 10/10/2001 (Entered: 10/04/2001)
10/02/200196 Filed Memo-Endorsement on letter dated 8/24/01, as to Frank H. Russo, FHR Inc, from: Rebecca Meiklejohn, atty, to: Judge Chin, re: a request, pursuant to Rule 35(c) of the Federal Rules of Criminal Procedure, that the Court immediately "correct" the sentence imposed on defendants on August 21 by establishing a payment scheduled for the $2.12 million in restitution they were ordered to pay to the NYCBOE by August 20, 2004. This request assumes, of course, that the Court intended that defendants make periodic payments throughout the time allowed rather than, at their option, make a single $2.12 million payment in August 2004. ... The Government suggests that defendants be ordered to make a lump sum payment of $1 million at the time Russo's period of incarceration is completed and his period of supervised release begins, and that the balance be paid in equal installments, monthly or quarterly, for the remainder of the period of release... (Signed by Judge Denny Chin ); Copies mailed. (ja) (Entered: 10/03/2001)
10/03/2001  DISMISSAL of Count(s) on Government Motion as to Irving Libertoff Counts Dismissed: Irving Libertoff (11) count(s) 1 (jb) (Entered: 10/18/2001)
10/03/2001102 FILED JUDGMENT in a CRIMINAL CASE (For Offenses Committed On or After November 1, 1987). Defendant Irving Libertoff (11) plead GUILTY to count(s) 1s. Special Assessment: $400.00, due immediately. Probation: 5 Years. Fine: $4,000,000.00. Underlying Count 1 is dismissed on the motion of the United States. The drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm. The defendant shall be supervised by the district of residence. The Court has determined that the defendant does not have the ability to pay interest and it is ordered that the interest requirement is waived. The fine of $4,000,000.00 shall be paid at the rate of one payment of $800,000.00 per year for 5 years. The $12,300,000.00 due to the NYCBOE in restitution is imposed on a joint and several basis with the co-defendants. The sum of $2,500,000.00 has been paid. The balance of the $12,300,000.00 shall be paid by August 20, 2006 or the conclusion of co-defendant Stuart Libertoff's supervised release, whichever comes first, on a pro-rata basis with any co-defendants who have assets, with credits given for any payments made by co-defendants. Judgment and Commitment issued to U.S. Marshal. Docketed as a judgment #01,1871 on 10/18/01. (Signed by Judge Denny Chin). (jb) Modified on 10/19/2001 (Entered: 10/18/2001)
10/05/200199 SENTENCING MEMORANDUM by USA as to Alan R. Adelson, Thomas M. Ryan, West Side Food (ac) (Entered: 10/09/2001)
10/15/2001  Sentencing held: West Side Foods, Inc. (12) count(s) 1. (bw) (Entered: 11/06/2001)
10/18/2001103 SENTENCING MEMORANDUM by USA as to David Salomon, M & F Meat Prod (jb) (Entered: 10/19/2001)
10/22/2001  Sentencing held: M & F Meat Products, Inc. (13) count(s) 1. (bw) (Entered: 11/06/2001)
10/25/2001  Payment of Fine by West Side Food in the amount of $200,000: Date Received: 10/25/01. (mn) (Entered: 10/25/2001)
10/30/2001107 NOTICE OF APPEAL by M & F Meat Prod; from; the judgment entered in this action on 10/22/01. Copies mailed to attorneys of record: Rebecca Meiklejohn, Esq. and Court Reporters. 105.00 Receipt # E420505. (rmo) Modified on 10/31/2001 (Entered: 10/31/2001)
10/31/2001  Notice of Appeal with copy of order/judgment and two copies of docket entries as to M & F Meat Prod transmitted to USCA re: [107-1] appeal on 10/31/01. (rmo) (Entered: 10/31/2001)
11/02/2001114 FILED JUDGMENT in a Criminal Case. Defendant present with attorney Frank M. Graziadei. Defendant West Side Foods, Inc. (12) pleaded guilty to count(s) 1. The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid; The defendant is hereby placed on a probation for a term of 5 YEARS. The above drug testing condition (p.3 of judgment) is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm as defined in 18 U.S.C. Section 921. Special Conditions of Supervision page attached; The defendant shall pay an assessment of $400.00, a fine in the amount of $100,000.00, and a restitution in the amount of $1,920,000.00. The court has determined that the defendant does not have the ability to pay interest and it is ordered that: The interest requirement is waived. Special instructions regarding the payment of criminal monetary penalties: The $400.00 special assessment shall be paid immediately. The fine of $100,000.00 shall be paid in 10 days. Interest is waived. The $1,920,000.00 due to the NYCBOE is imposed on a joint and several basis with co-defendants Thomas M. Ryan and Alan R. Adelson and is to be paid as follows: the sum of $100,000.00 shall be paid within 10 days. The balance of $1,820,000.00 shall be paid in equal installments every six months over the period of 5 years. All payments are imposed without interest.; Judgment and Commitment issued to U.S. Marshal. ( Signed by Judge Denny Chin ). Docketed as a Judgment #01,2019 on 11/6/01. (bw) Modified on 11/07/2001 (Entered: 11/06/2001)
11/02/2001115 FILED JUDGMENT in a Criminal Case. Defendant present with attorney Harold J. Ruvoldt. Defendant M & F Meat Products, Inc. (13) was found guilty on count(s) 1 after a plea of not guilty. The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid; The defendant is hereby placed on a probation for a term of 2 YEARS. The above drug testing condition (p.2 of judgment) is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm as defined in 18 U.S.C. Section 921. Special Conditions of Supervision page attached; The defendant shall pay an assessment of $400.00 and a restitution in the amount of $540,000.00. Special instructions regarding the payment of criminal monetary penalties: The $400.00 special assessment shall be paid immediately. Restitution payment of $540,000.00 shall be paid without interest within 120 days. Restitution is imposed on a joint and several basis with co-defendant David Salomon.; Judgment and Commitment issued to U.S. Marshal. ( Signed by Judge Denny Chin ). Docketed as a Judgment, #01,2020, on 11/06/01. (bw) Modified on 11/07/2001 (Entered: 11/06/2001)
11/05/2001108 TRANSCRIPT of record of proceedings as to David Salomon, M & F Meat Prod for dates of 9/5/01, before Judge Denny Chin . (moc) (Entered: 11/05/2001)
11/05/2001109 TRANSCRIPT of record of proceedings as to Stuart Libertoff, Irving Libertoff for dates of 9/5/01, before Judge Denny Chin . (yv) (Entered: 11/05/2001)
11/05/2001110 Filed Memo-Endorsement on letter to Judge Chin dated 10/19/01 from Frank M. Graziadei as to West Side Food, requesting clarification of payment schedule...Page 41 of the sentencing transcript shows that I ordered both the $100,000 fine and the first $100,000 restitution payment to be paid with 10 days. So ordered. ( Signed by Judge Denny Chin ); Copies mailed. (ph) (Entered: 11/05/2001)
11/14/2001  Payment of Fine by Irving Libertoff in the amount of $800,400.00: Date Received: 11/14/01. (mn) (Entered: 11/14/2001)
12/04/2001121 TRANSCRIPT of record of proceedings as to Alan R. Adelson, Thomas M. Ryan, West Side Food for dates of 10/15/01, before Judge Denny Chin . (moc) (Entered: 12/04/2001)
12/04/2001123 TRANSCRIPT of record of proceedings as to David Salomon, M & F Meat Prod for dates of 10/22/01 at 5:10 p.m., before Judge Denny Chin. (jco) (Entered: 12/05/2001)
01/08/2002  USCA Case Number as to David Salomon, M & F Meat Prod Re: [107-1] appeal, [106-1] appeal USCA NUMBER: 01-1549 (L), 01-1554 (CON). (sb) (Entered: 01/08/2002)
01/09/2002  Payment of Fine by M & F Meat Prod in the amount of $200,000.00: Date Received: 1/9/02. (mn) (Entered: 01/09/2002)
04/08/2002  Payment of Fine by West Side Food in the amount of $182000.00 restitution: Date Received: 4/8/02. (mn) (Entered: 04/08/2002)
10/07/2002  Payment of Fine by West Side Food in the amount of $182,000.00: Date Received: 10/04/02. (gm) (Entered: 10/07/2002)
11/07/2002  Payment of Fine by Irving Libertoff in the amount of $800,000.00rest: Date Received: 11/05/02. (gm) (Entered: 11/07/2002)
01/09/2003138 MANDATE OF USCA (certified copy) as to David Salomon, M & F Meat Products Co., Re: [106-1] appeal, [107-1] appeal; USCA Nos. 01-1549, 01-1554; Affirming judgment/order: David Salomon (7) count(s) 1, M & F Meat Products Co. (13) count(s) 1; Upon due consideration, it is hereby Ordered, Adjudged, and Decreed that the judgment of the District Court be and it hereby is AFFIRMED. [ Issued As Mandate: 1/6/03 ] (bw) (Entered: 01/09/2003)
04/08/2003  Payment of Fine by West Side Food in the amount of $182,000.00 restitution: Date Received: 4/8/03. (mn) (Entered: 04/08/2003)
10/08/2003  Payment of Fine by West Side Food in the amount of $182,000.00 restitution: Date Received: 10/8/03. (mn) (Entered: 10/08/2003)
12/15/2003  Payment of Fine from Irving Libertoff Inc. in the amount of $800,000.00. Date Received: 12/10/03. (mn, ) (Entered: 12/15/2003)
04/02/2004  Payment of restitution from West Side Foods Inc. in the amount of $182,000.00. Date Received: 4/2/04. (mn, ) (Entered: 04/02/2004)
10/08/2004  Payment of restitution from West Side Foods Inc. in the amount of $182,000.00. Date Received: 10/8/04. (mn, ) (Entered: 10/08/2004)
10/15/2004  Payment of Fine from Irving Libertoff Inc. in the amount of $800,000.00. Date Received: 10/15/04. (mn, ) (Entered: 10/15/2004)
04/14/2005  Payment of restitution from West Side Foods Inc. in the amount of $182,000.00. Date Received: 4/7/05. (mn, ) (Entered: 04/14/2005)
10/04/2005  Payment of RESTITUTION from West Side Foods Inc. in the amount of $182,000.00. Date Received: 10/4/05. (mn, ) (Entered: 10/04/2005)
01/10/2006  Payment of Fine from Irving Libertoff Inc. in the amount of $800,000.00. Date Received: 1/9/06. (mn, ) (Entered: 01/10/2006)
08/28/2006143 ORDER as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio Co. Inc., Irving Libertoff Inc., West Side Foods Inc., M & F Meat Prododucts Co, DiCarlo Distribitors Inc., FHR Inc. Ordered that a hearing shall be held on Thursday, 8/31/06 @ 10am. in courtroom 11B, 500 pearl Street, NY, NY 10007, in order to determine how the balance of the restitution order in the amount of $12.3 million, which has not been paid, should be allocated among defts. so ordered. (Signed by Judge Denise L. Cote on 8/28/06)(pr, ) Modified on 8/29/2006 (pr, ). (Entered: 08/29/2006)
08/28/2006  Set/Reset Hearings as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio Co. Inc., Irving Libertoff Inc., West Side Foods Inc., M & F Meat Prododucts Co, DiCarlo Distribitors Inc., FHR Inc:Hearing set for 8/31/2006 10:00 AM before Judge Denny Chin..(pr, ) Modified on 8/30/2006 (pr, ). (Entered: 08/29/2006)
08/29/2006144 ORDER as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio Co. Inc., Irving Libertoff Inc., West Side Foods Inc., M & F Meat Prododucts Co, DiCarlo Distribitors Inc., FHR Inc. Ordered that the hearing to be held on Thursday, 8/31/06 @ 10am. has now been re-scheduled for Tuesday, August 29, @ 10am, in courtroom 11B, 500 pearl Street, NY, NY 10007, The hearing will determine how the balance of the restitution order in the amount of $12.3 million, which has not been paid, should be allocated among defts. so ordered. (Signed by Judge Denise L. Cote on 8/28/06)(pr, ) (Entered: 08/30/2006)
08/29/2006  Set/Reset Hearings as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio Co. Inc., Irving Libertoff Inc., West Side Foods Inc., M & F Meat Prododucts Co, DiCarlo Distribitors Inc., FHR Inc:Hearing set for 8/29/2006 10:00 AM before Judge Denise L. Cote..(pr, ) (Entered: 08/30/2006)
09/01/2006145 ORDER as to Nicholas A. Penachio, William Greenspan, Frank H. Russo, Irving Libertoff Inc. It is ORDERED that within ten business days, the below - named defts pay the additional restitution indicated for the benefit of the Board of Education of the City of New York: In the event any deft fails to make his additional payment within ten business days, the Goverment may proceed immediately to take all reasonable and lawful steps necessary to collect any of the $953,700 that remains due and owing, from any deft or defts against whom the obligation to make payment was imposed jointly and severally. SO ORDERED. (Signed by Judge Denise L. Cote on 8/31/06)(jw, ) (Entered: 09/05/2006)
09/11/2006  Payment of restitution from Irving Libertoff Inc. in the amount of $198,178.86. Date Received: 9/11/06. (mn, ) (Entered: 09/11/2006)
09/12/2006146 TRANSCRIPT of Proceedings as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio Co. Inc., Irving Libertoff Inc., West Side Foods Inc., M & F Meat Prododucts Co, DiCarlo Distribitors Inc., FHR Inc held on 8/29/06 before Judge Denise L. Cote. (tro, ) (Entered: 09/12/2006)
10/04/2006  Payment of RESTITUTION from West Side Foods Inc. in the amount of $182,000.00. Date Received: 10/4/06. (mn, ) (Entered: 10/04/2006)
10/17/2006148 SATISFACTION OF JUDGMENT as to Irving Libertoff Inc. re 102 Judgment in the amount of $16,300,400.00. Judgment satisfied on 10/17/06. (jw, ) (Entered: 10/18/2006)
10/17/2006152 SATISFACTION OF JUDGMENT as to FHR Inc re 98 Judgment in the amount of $12,300,400.00. Judgment satisfied on 10/17/06. (jw, ) (Entered: 10/18/2006)
10/17/2006155 SATISFACTION OF JUDGMENT as to West Side Foods Inc. re 114 Judgment in the amount of $2,020,400.00. Judgment satisfied on 10/17/06. (jw, ) (Entered: 10/18/2006)
10/18/2006158 SATISFACTION OF JUDGMENT as to M & F Meat Prododucts Co, in the amount of $540,400.00. Judgment satisfied on 10/18/06. (pr, ) (Entered: 10/20/2006)
10/19/2006157 TRANSCRIPT of Proceedings as to Nicholas A. Penachio, Stuart Libertoff, Alan R. Adelson, Thomas M. Ryan, Arthur Bohrer, William Greenspan, David Salomon, John DiCarlo, Frank H. Russo, Nick Penachio Co. Inc., Irving Libertoff Inc., West Side Foods Inc., M & F Meat Prododucts Co, DiCarlo Distribitors Inc., FHR Inc held on 8/29/2006 at 10:15 a.m. before Judge Denise L. Cote. (aba, ) (Entered: 10/19/2006)
04/29/2011160 ORDER as to (00-Cr-583-13) M & F Meat Prododucts Co. All motions and matters in this case have been concluded. IT IS HEREBY ORDERED that the Clerk of the Court shall terminate all of the motions docketed collectively as Document # 84. (Signed by Judge Denny Chin, U.S.C.J., Sitting by designation, on 4/29/2011)(bw) (Entered: 04/29/2011)