CLOSED, PASPRT


UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CRIMINAL DOCKET FOR CASE #: 2:03-cr-00139-MMM All Defendants


Case title: USA v. Kam-Tech Systems Ltd, et al

Date Filed: 02/12/2003
Date Terminated: 06/09/2003

Assigned to: Judge Margaret M. Morrow

Defendant (1)
Kam-Tech Systems Ltd
TERMINATED: 06/09/2003
also known as
Seal A
represented byDonald Etra
Donald Etra Law Offices
2029 Century Park East Suite 2040
Los Angeles, CA 90067
310-284-2040
Fax: 310-284-2048
Email: etralaw@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1001;2 FALSE STATEMENT; CAUSING AN ACT TO BE DONE
(4)
Probation 5 years on count 4, under the terms and conditions of USPO, GO 318 and GO 01-05. Special assessment of $400. Defendant paid $30,009 fine payment to the court at the time of plea. A fine of $25,000 was imposed by the court. Th e balance of $5,000 will be applied to any restitution imposed.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1001;2 FALSE STATEMENT; CAUSING AN ACT TO BE DONE
(1-3)
On the government's motion, all remaining count(s) underlying indictment/information, ordered dismissed.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Margaret M. Morrow

Defendant (2)
David Menashe
TERMINATED: 06/09/2003
also known as
Seal B
represented byDonald Etra
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18:1001;2 FALSE STATEMENT; CAUSING AN ACT TO BE DONE
(4)
Dft is placed on probation on cnt 4 of the indictment for a term of three (3) yrs. Comply with the r and r of the US Probation Ofc and GO 01-05. S/A amt of $100.00. Restitution in the amt of $43,475 was paid to USSC at the time of plea.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18:1001;2 FALSE STATEMENT; CAUSING AN ACT TO BE DONE
(1-3)
On the govt's motion, all remaining count(s) underlying indictment/information, ordered dismissed.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byMary Carter Andrues
Howrey LLP
555 South Hope Street
Suite 1100
Los Angeles, CA 90071
213-892-1800
Email: andrues.mary@arentfox.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
02/12/2003REPORT COMMENCING CRIMINAL ACTION as to Seal B arrested on 2/12/03. Defendant's date of birth: 9/15/47. (roz) (Entered: 02/20/2003)
02/12/2003INDICTMENT filed against Seal A (1) count(s) 1-4, Seal B (2) count(s) 1-4 filed by AUSA Mary Carter Andrues. Offense occurred in LA. (roz) Modified on 02/26/2003 (Entered: 02/20/2003)
02/12/2003NOTICE OF REQUEST FOR DETENTION filed by USA as to Seal B. (roz) Modified on 02/26/2003 (Entered: 02/20/2003)
02/12/2003MOTION filed by USA as to Seal A, Seal B to seal the Indictment and Corresponding Partial Report . (roz) Modified on 02/26/2003 (Entered: 02/20/2003)
02/12/2003MEMORANDUM filed by USA as to Seal A, Seal B. This criminal action, being filed on 2/12/03, was not pending in the U.S. Attorney's Office before 12/22/98, the date on which U.S. District Judge Nora M. Manella began receiving criminal matters. (seal) Modified on 02/26/2003 (Entered: 02/21/2003)
02/12/2003MEMORANDUM filed by USA as to Seal A, Seal B. This criminal action, being filed on 2/12/03, was not pending in the U.S. Attorney's Office before 11/2/92, the date on which U.S. District Judge Lourdes G. Baird began receiving criminal matters. (seal) Modified on 02/26/2003 (Entered: 02/21/2003)
02/12/2003MEMORANDUM filed by USA as to Seal A, Seal B seeking authority for an investigative action and being filed on 2/12/03, does not relate to, a mtr pending in which Magistrate Judge Patrick J. Walsh was personally involved or on which he was personally consulted while employed in the US Atty's Ofc. (seal) Modified on 02/26/2003 (Entered: 02/21/2003)
02/12/2003CASE SUMMARY filed by AUSA Mary Carter Andrews, attorney for USA, as to Seal B. Defendant's date of birth: 9/15/47. (seal) Modified on 02/26/2003 (Entered: 02/25/2003)
02/13/2003  BENCH WARRANT issued for Seal B by Magistrate Judge Victor B. Kenton. Court orders Seal B detained. (roz) (Entered: 02/20/2003)
02/13/2003MINUTES OF ARREST ON INDICTMENT HEARING held before Magistrate Judge Stephen J. Hillman as to Seal B: First appearance of Seal B entered. Retained Attorney Donald Etra present. Detention hearing set for 2:00pm on 2/14/03. Post Indictment Arraignment set for 8:30am on 2/18/03. Tape No.: 03-10 (roz) Modified on 02/26/2003 (Entered: 02/20/2003)
02/13/200310 NOTICE DIRECTING Defendant To Appear for Arraignment on Indictment/Information filed as to Seal B . (roz) Modified on 02/26/2003 (Entered: 02/20/2003)
02/13/200311 ORDER filed by Magistrate Judge Stephen J. Hillman as to Seal A, Seal B: granting motion to seal the Indictment and Corresponding Partial Report [5-1] (cc: all counsel) (roz) Modified on 02/26/2003 (Entered: 02/20/2003)
02/14/200312 MINUTES OF DETENTION HEARING held before Magistrate Judge Stephen J. Hillman as to Seal B: Bail set in the amount of $750,000 Appearance Bond with cash deposit $50,000 Mrs. Argel; with justification affidavit of surety; with deeding of property Mr. Fidler AUSA approval, with following conditions of release: Intensive PSA Supervision. Surrender passport. Travel restricted to Central District of California. Avoid places of egress. Residence approved by PSA. Not conduct business in this country: without priolr approval from Court. Surrender all Passports to the Clerk of Court or sign a declaration and not apply for issuance of a passport during the pendency of this case. Home Confinement. You are restricted to your residence at all times except for medical needs or treatment; religious services; and court appearances pre-approved by PSA. Electronic Monitoring. Release to PSA only as to Seal B , Tape No.: 03-10,11 (roz) Modified on 02/26/2003 (Entered: 02/20/2003)
02/14/200313 BENCH WARRANT returned executed as to Seal B 2/13/03 (roz) Modified on 02/26/2003 (Entered: 02/20/2003)
02/14/200314 MEMORANDUM filed by USA as to Seal A, Seal B seeking authority for an investigative action and being filed on 2/14/03, does not relate to, a mtr pending in the Major Frauds Section of the US Atty's Ofc before June 29, 2001, the date on which Magistrate Judge Jennifer T. Lum resigned her in that ofc; or was personally involved or on which she was personally consulted while employed in the US Atty's Ofc. (seal) Modified on 02/26/2003 (Entered: 02/21/2003)
02/14/200315 MEMORANDUM filed by USA as to Seal A, Seal B seeking authority for an investigative action and being filed on 2/14/03, does not relat to, a mtr pending in the Organized Crime Section of the US Atty's Ofc before September 29, 2000, the date on which Magistrate Judge Stephen G. Larson resigned his appt in that ofc; or was personally involved or on which he was personally consulted while employed in the US Atty's Ofc. (seal) Modified on 02/26/2003 (Entered: 02/21/2003)
02/14/200316 MEMORANDUM filed by USA as to Seal A, Seal B seeking authority for an investigative action and being filed on 2/14/03, does not relate to, a mtr pending in the Narcotic Section of the US Atty's Ofc before April 20, 1999, the date on which Magistrate Judge Jeffrey W. Johnson resigned his appt in that ofc; or was personally involved or on which he was personally consulted while employed in the US Atty's Ofc. (seal) Modified on 02/26/2003 (Entered: 02/21/2003)
02/14/200317 NOTICE OF DELIVERANCE of Foreign Passport and receipt filed as to Seal B. Passport No.: 9018134. (seal) Modified on 02/26/2003 (Entered: 02/21/2003)
02/18/200318 STATEMENT OF DEFENDANT'S CONSTITUTIONAL RIGHTS filed as to Seal A. (seal) Modified on 02/26/2003 (Entered: 02/21/2003)
02/18/200319 STATEMENT OF DEFENDANT'S CONSTITUTIONAL RIGHTS filed as to Seal B. (seal) Modified on 02/26/2003 (Entered: 02/21/2003)
02/18/200320 DESIGNATION AND APPEARANCE of Attorney for Seal A by Donald Etra. (seal) Modified on 02/26/2003 (Entered: 02/21/2003)
02/18/200321 DESIGNATION AND APPEARANCE of Attorney for Seal B by Donald Etra. (seal) Modified on 02/26/2003 (Entered: 02/21/2003)
02/18/200322 MINUTES OF POST-INDICTMENT ARRAIGNMENT HEARING held before Magistrate Judge Charles F. Eick as to Seal A and Seal B: Reassigning case to Judge Margaret M. Morrow. Seal A (1) count(s) 1-4, Seal B (2) count(s) 1-4 arraigned and state true names as charged. Retained Attorney Donald Etra present for both defendants. First appearance of Seal A, Seal B entered. Plea not guilty entered by Seal A (1) count(s) 1-4, Seal B (2) count(s) 1-4 , Jury trial set for 8:30 4/8/03 for Seal A, for Seal. Status conference nhearing set for 1:30 3/31/03 for Seal A, for Seal B; pending motions hearing for 1:30 3/31/03 for Seal A, for Seal B. Tape No.: 03-8. (seal) Modified on 02/26/2003 (Entered: 02/21/2003)
02/21/200323 NOTICE of referral of mater to the Magistrate Judge. Pursuant to the Judge's directive, the matter of Application for Review of Order Setting Conditions of Release/Detention, and Order is hereby referred to Magistrate Charles F. Eick for hearing filed by USA as to Seal B (seal) Modified on 02/26/2003 (Entered: 02/26/2003)
02/24/200324 NOTICE of referral of matter to the Magistrate Judge. Pursuant to the Judge's directive, the matter of Application for Review of Order Setting Conditions of Release/Detention is hereby referred to Magistrate Hillman for hearing filed by USA as to Seal A (seal) Modified on 02/26/2003 (Entered: 02/26/2003)
02/24/200325 OPPOSITION filed by USA as to Seal B to dft David Menashe's application for a change in defendant's bail conditions (seal) Modified on 02/26/2003 (Entered: 02/26/2003)
02/24/200326 APPLICATION FOR REVIEW OF ORDER Setting Conditions of Release/Detention, Pending Trial (18 U.S.C. 3142), and Order as to David Menashe. Detention hearing set for 2:00 p.m., on 2/25/03 for David Menashe before Magistrate Judge Stephen J. Hillman (ca) (Entered: 02/26/2003)
02/25/200327 MINUTES OF BAIL REVIEW HEARING held before Magistrate Judge Stephen J. Hillman as to David Menashe : RELEASE TO PSA ONLY. Bail set in the amount of $750,000 AB cash, Collateral bond in amount of cashiers check; negotiable securities all surities approved by government with following conditions of release: surrender passport and not apply for the issuance of a passport during the pendency of this case.; passport was surrendered on 2/14/03; travel restricted to CDC; dft to reside w/approval by PSA; dft is to avoid places of egress, i.e., airports, bus terminals, seaports, etc.; declaration of source - no business in this Country - Home confinement with electronic monitoring; except with attorney office and medical emergency as to David Menashe , Tape No.: 02-12 (ca) (Entered: 02/26/2003)
03/04/200328 BOND AND CONDITIONS OF RELEASE filed as to David Menashe , in the amount of: $750,000 AB in form of cashier's check. Conditions of Release residence approved by PSA, surrender passport (surr 2/24/03), intensive PSA supv, trvl resticted to CDC, do not enter premises of any airprot, seaport, or terminal which permits exit from continental US w/out Crt perm, do not enter premises of any bus, railroad, airport, or seaport terminal which permits exit from area of restricted travel w/out Crt perm, decl of source, no business in this country, home confinement with electronic monitoring, except w/atty office and med emergency Approved by Magistrate Judge James W. McMahon . Original bond routed to: fiscal (es) (Entered: 03/06/2003)
03/04/200329 MEMORANDUM by PSA Officer Heather Purcell as to David Menashe for Release Order Authorization. Submitted in compliance with conditions set in bond [28-1] (es) (Entered: 03/06/2003)
03/28/200330 PLEA AGREEMENT filed by USA as to David Menashe (vc) (Entered: 03/31/2003)
03/28/200331 PLEA AGREEMENT filed by USA as to Kam-Tech Systems Ltd (vc) (Entered: 03/31/2003)
04/02/2003  BOND REMARK: Opened M/M acct with US Bank for $750,000 filed as to David Menashe. JS (ej) (Entered: 04/04/2003)
04/10/200332 STIPULATION AND ORDER filed by Judge Margaret M. Morrow as to Kam-Tech Systems Ltd, David Menashe: Pre-trial conference set for 1:30 6/9/03 for David Menashe. Jury trial set for 8:30 6/17/03 for Kam-Tech Systems Ltd, for David Menashe . (sv) (Entered: 04/11/2003)
04/14/200333 RECEIPT FOR RETURN OF FOREIGN PASSPORT filed as to David Menashe, in reference to bond [28-1]. Passport No.: 9018134. Passport released to Judge Morrow's clerk. (roz) (Entered: 04/15/2003)
04/14/200336MINUTES OF CHANGE OF PLEA HEARING held before Judge Margaret M. Morrow as to Kam-Tech Systems Ltd, David Menashe : Defendant moves to change plea to the indictment. plea of guilty entered by Kam-Tech Systems Ltd (1) count(s) 4, David Menashe (2) count(s) 4. The Court refers Kam-Tech Systems Ltd, David Menashe to the Probation Office for investigation and report. The Court questions the defendant regarding plea of guilty and finds it knowledgeable and voluntary and orders the plea accepted and entered. Sentence hearing set for 1:30 p.m., on 7/21/03 for Kam-Tech Systems Ltd, for David Menashe. C/R: Salyer Other: Bail review: There appearing to be no conditions or combination of condition to reasonably assure dft's appearance at further court proceedings, the Court denies dft Menashe's request for bail modification. The Court orders an expedited pre-sentence report. (vc) (Entered: 04/17/2003)
04/15/200334 NOTICE OF DELIVERANCE of Foreign Passport and receipt filed as to David Menashe, in reference to bond [28-1]. Passport No.: 9018134. (roz) (Entered: 04/15/2003)
04/15/200335 Memo from Anel Huerta regarding receipt of Menashe's passport previously surrendered to Anel Huerta, CRD to Judge Morrow filed as to David Menashe. (roz) (Entered: 04/15/2003)
05/15/200337 RECEIPT for Transcripts of proceedings held on: 4/14/03 C/R: David Salyer (weap) (Entered: 05/16/2003)
05/15/2003  TRANSCRIPT filed for proceedings held on 4/14/03 as to Kam-Tech Systems Ltd. (weap) (Entered: 05/16/2003)
05/27/200338MINUTES OF IN CHAMBERS HEARING held before Judge Margaret M. Morrow as to Kam-Tech Systems Ltd, David Menashe : The Court, on its own motion, hereby advances the sentencing currently scheduled for 7/21/03 to 6/9/03 at 3:00 p.m. before Judge Morrow in courtroom 790, Roybal Federal building, 255 East Temple Street, Los Angeles. C/R: n/a (vc) (Entered: 05/28/2003)
06/02/200339 Govt's position regarding sentencing factors filed by USA as to David Menashe (vc) (Entered: 06/02/2003)
06/04/200340 OBJECTIONS to presentence report and argument re sentencing filed by Kam-Tech Systems Ltd, David Menashe as to David Menashe (vc) (Entered: 06/04/2003)
06/04/200341 OBJECTIONS to pre-sentence report and argument re sentencing filed by Kam-Tech Systems Ltd, David Menashe as to Kam-Tech Systems Ltd (vc) (Entered: 06/04/2003)
06/04/200342 POSITION RE SENTENCING FACTORS filed by USA as to Kam-Tech Systems Ltd (vc) (Entered: 06/05/2003)
06/09/2003  PLACED IN FILE - NOT USED: Order Re Bail filed by David Menashe (vc) (Entered: 06/11/2003)
06/09/2003  PLACED IN FILE - NOT USED: Ex parte application for immedate sentencing oor change of bail filed by David Menashe (vc) (Entered: 06/11/2003)
06/09/200343MINUTES OF SENTENCING held before Judge Margaret M. Morrow as to David Menashe (2) count(s) 4. Dft is placed on probation on cnt 4 of the indictment for a term of three (3) yrs. Comply with the r and r of the US Probation Ofc and G. O. 318 and G.O. 01-05. S/A amt of $100.00. Fine amt $5,000. Restitution in the amt of $43,475 was paid to USSC at the time of plea. Dismissing count(s) as to David Menashe (2) count(s) 1-3. On the govt's motion, all remaining count(s) underlying indictment/information, ordered dismissed. Court advises David Menashe of right to appeal. Exonerated bond as to David Menashe [28-1] , Other: The defendant is directed to report to the US Probation Office within 24 hours of the date of this order. The Court orders dft Menashe's passport returned forthwith. Passport no 9018134 - Israel. C/R: Salyer (vc) (Entered: 06/12/2003)
06/09/200344MINUTES OF SENTENCING held before Judge Margaret M. Morrow as to Kam-Tech Systems Ltd (1) count(s) 4. Probation 5 years on count 4, under the terms and conditions of USPO, GO 318 and GO 01-05. Special assessment of $400. Defendant paid $30,009 fine payment to the court at the time of plea. A fine of $25,000 was imposed by the court. The balance of $5,000 will be applied to any restitution imposed. Dismissing count(s) as to Kam-Tech Systems Ltd (1) count(s) 1-3. On the government's motion, all remaining count(s) underlying indictment/information, ordered dismissed. Exonerated bond as to Kam-Tech Systems Ltd . Court advises Kam-Tech Systems Ltd of right to appeal, waived. David Menashe, on behalf of Kam Tech Sustems, shall report to the US Probation Office within 24 hours of the date of this order. C/R: David Salyer (ej) (Entered: 06/13/2003)
06/09/200346AMENDED MINUTES OF CRIMINAL SENTENCING AND JUDGMENT held before Judge Margaret M. Morrow as to David Menashe : C.R. David Salyer (vc) (Entered: 06/18/2003)
06/09/200347AMENDED CRIMINAL MINUTES OF SENTENCING AND JUDGMENT held before Judge Margaret M. Morrow as to Kam-Tech Systems Ltd: C/R: David Salyer (vc) (Entered: 06/18/2003)
06/15/200345 NOTICE OF DELIVERANCE of Foreign Passport and receipt filed as to David Menashe, in reference to bond. Passport No.: 9018134. (roz) (Entered: 06/16/2003)
06/18/200348JUDGMENT AND COMMITMENT issued to U.S. Marshal for David Menashe Approved by Judge Margaret M. Morrow . Entered on: 6/30/03. (vc) (Entered: 06/30/2003)
06/18/200349JUDGMENT AND COMMITMENT issued to U.S. Marshal for Kam-Tech Systems Ltd. Approved by Judge Margaret M. Morrow. Entered on: 6/30/03. (vc) (Entered: 06/30/2003)
08/04/200350 SATISFACTION OF JUDGMENT filed by USA as to David Menashe. (roz) (Entered: 08/05/2003)
08/04/200351 SATISFACTION OF JUDGMENT filed by USA as to Kam-Tech Systems Ltd (roz) (Entered: 08/05/2003)
08/04/2003  BOND RETURNED Disbursed Principal of $750,000 and Interest of $3,476.31 to Donald Eltra per order to exonerate bond dated 6/9/03 as to David Menashe. (roz) (Entered: 08/13/2003)
03/18/200452 PROBATION FORM 12 filed as to Kam-Tech Systems Ltd Approved by Judge Margaret M. Morrow. Praying that the Court will order that the condition of supv requiring Kam- Tech Systems, Ltd, to report to US Probation, is suspended while the business is located outside the US. (vc) (Entered: 03/19/2004)