CLOSED

U.S. District Court
Eastern District of New York (Central Islip)
CRIMINAL DOCKET FOR CASE #: 2:06-cr-00596-DRH-AKT All Defendants


Case title: USA v. Cohen et al

Date Filed: 09/06/2006
Date Terminated: 12/14/2010

Assigned to: Judge Denis R. Hurley
Referred to: Magistrate Judge A. Kathleen Tomlinson

Defendant (1)
Gerald Cohen
TERMINATED: 12/14/2010
represented byAnthony M. LaPinta
Reynolds, Caronia, Gianelli, Hagney, LaPinta & Hargraves
35 Arkay Drive
P.O. Box 11177
Hauppauge, NY 11788
631-231-1199
Fax: 631-231-1344
Email: LaPintaEsq@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Paul A. Gianelli
Reynolds, Caronia et al.
35 Arkay Drive
Hauppauge, NY 11788
631-231-1199
Fax: 631-231-1344
Email: pgianelli@rcghlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Joseph R. Conway
LaRusso & Conway
Attorneys at Law
300 Old Country Road
Suite 341
Mineola, NY 11501
(516) 248-3520
Fax: (516) 248-3522
Email: jconway@larussoandconway.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
42 U.S.C. 6928(d)(2)(A); 18 U.S.C. 2 and 3551 et seq. STORES/TREATS/TRANSPORTS ETC. - RE-USED OIL, to wit: Corrosive characteristic hazardous waste stored in the Green Tarp Tank
(2)
Imprisonment: One (1) year and one day on count 2 of the Indictment; Supervised Release: Three (3) years on count 2 of the Indictment; Special Assessment: $100.00; Fine: Waived; Restitution: $105,816.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
42 U.S.C. 6928(d)(2)(A); 18 U.S.C. 2 and 3551 et seq. STORES/TREATS/TRANSPORTS ETC. - RE-USED OIL, to wit: Corrosive characteristic hazardous waste stored in Tank 51
(1)
Dismissed on the motion of the United States
42 U.S.C. 7413(c)(1); 18 U.S.C. 2 and 3551 et seq. FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(3)
Dismissed on the motion of the United States

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Judge Denis R. Hurley
Referred to: Magistrate Judge A. Kathleen Tomlinson

Defendant (2)
Lawrence Aviation Industries, Inc.,
TERMINATED: 12/14/2010
represented byJohn J. Hart
617 Fox Hill Drive
Baiting Hollow, NY 11939
(631) 369-4231
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Paul A. Gianelli
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Joseph R. Conway
(See above for address)
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
42 U.S.C. 6928(d)(2)(A); 18 U.S.C. 2 and 3551 et seq. STORES/TREATS/TRANSPORTS ETC. - RE-USED OIL, to wit: Corrosive characteristic hazardous waste stored in the Green Tarp Tank
(2)
Restitution Joint and Several with Co-Deft.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
42 U.S.C. 6928(d)(2)(A); 18 U.S.C. 2 and 3551 et seq. STORES/TREATS/TRANSPORTS ETC. - RE-USED OIL, to wit: Corrosive characteristic hazardous waste stored in Tank 51
(1)
Restitution Joint and Several with Co-Deft.
42 U.S.C. 7413(c)(1); 18 U.S.C. 2 and 3551 et seq. FEDERAL ENFORCEMENT PROCEDURES, PENALTY
(3)
Restitution Joint and Several with Co-Deft.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byMark Joseph Lesko
United States Attorneys Office
610 Federal Plaza
Central Islip, NY 11722
631-715-7868
Fax: 631-715-7922
Email: mark.lesko@usdoj.gov
TERMINATED: 01/08/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Richard Thomas Lunger , Jr.
United States Attorneys Office
Eastern District of New York
610 Federal Plaza
Central Islip, NY 11722
631-715-7842
Email: Richard.Lunger@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
09/06/2006SEALED INDICTMENT as to Gerald Cohen (1) count(s) 1, 2, 3, Lawrence Aviation Industries, Inc., (2) count(s) 1, 2, 3. (Attachments: # 1 Information Sheet# 2 Calendar Minutes) (Duong, Susan) (Entered: 09/07/2006)
09/06/2006 Arrest Warrant Issued by Michael L. Orenstein in case as to Gerald Cohen (Duong, Susan) Modified on 9/7/2006 (Duong, Susan). (Entered: 09/07/2006)
09/07/2006Order to Unseal Case as to Gerald Cohen and Lawrence Aviation Industries, Inc. The indictment in the above-captioned case be unsealed. Ordered by Judge E. Thomas Boyle on 9/7/06. (Mahon, Cinthia) (Entered: 09/08/2006)
09/07/2006  Case unsealed as to Gerald Cohen and Lawrence Aviation Industries, Inc., (Mahon, Cinthia) (Entered: 09/08/2006)
09/07/2006  INDICTMENT UNSEALED as to Gerald Cohen and Lawrence Aviation Industries, Inc., (Mahon, Cinthia) (Entered: 09/08/2006)
09/07/2006Arrest Warrant Returned Executed on 9/7/06 as to Gerald Cohen. (Fagan, Linda) (Entered: 09/12/2006)
09/07/2006 MOTION to Exclude ; for an order of excludable delay, by Gerald Cohen, USA, Lawrence Aviation Industries, Inc., as to Gerald Cohen, Lawrence Aviation Industries, Inc.,. (Fagan, Linda) (Entered: 09/12/2006)
09/07/2006  ORDER as to Gerald Cohen, Lawrence Aviation Industries, Inc., re 6 MOTION to Exclude filed by USA,, Lawrence Aviation Industries, Inc. So Ordered. ( Ordered by Judge E. Thomas Boyle on 9/7/06.) (Fagan, Linda) (Entered: 09/12/2006)
09/07/2006NOTICE OF ATTORNEY APPEARANCE: John J. Hart appearing for Lawrence Aviation Industries, Inc. (Fagan, Linda) (Entered: 09/12/2006)
09/07/2006NOTICE OF ATTORNEY APPEARANCE: Anthony M. LaPinta appearing for Gerald Cohen. (Fagan, Linda) (Entered: 09/12/2006)
09/07/2006Calendar Entry for proceedings held on 9/7/06 at 3:25 pm. before The Honorable E. Thomas Boyle, United States Magistrate Judge for Criminal Cause for Conference/Pleading; Appearances: Deft.: Lawrence Aviation Industries, Inc., present, in custody, with Retained Counsel: John Hart (Corporation), present; Deft.: Gerald Cohen, present, in custody, with Retained Counsel: Anthony LaPinta, present; For Govt.: Mark Lesko; FTR (3:25 - 4:11); Courtroom Deputy: L. Lundy. Case called. Defts arraigned. Defts Lawrence Aviation Industries, Inc., Geral Cohen, both enter plea of NOT GUILTY. Bail set at eleven (11) million dollars. Full financial disclosure statement should be given to Pre-Trial Services. Speedy Trial Info.: Gerald Cohen/Lawrence Aviation Ind., Inc. from: 9/7/06 to: 9/22/06. Status conference set for 9/22/06 at 10:30 before Judge Hurley. Parties should appear before Mag. Judge Boyle on 9/22/06 at 9:30 a.m. Confession of judgments to be filed by 9/20/06. (Fagan, Linda) (Entered: 09/12/2006)
09/07/200610 ORDER Setting Conditions of Release and Bond as to Gerald Cohen; That the above-named deft be released as follows, subject to the Standard Conditions of Bond on the reverse and: Upon Secured Appearance Bond as provided herein; that the deft shall surrender any and all passports to the U.S.Pretrial Services Agency and shall not apply for any other passport; That the undersigned deft and sureties jointly and severally acknowledge that I/we and my/our personal representatives, jointly and severally, are bound to pay to the Untied States of America the sum of $11,000,000; that the undersigned agree(s) that this obligationis secured with his/her/their interest in the following property ("Collateral:") which he/she/they represent is/are free and clear of liens except as otherwise indicated: premises located at: 3 parcels in Port Jeff. Sta. owned by Gerald Cohen. I/We also agree to execute a confession of judgment inform approved by the U.S. Attorney which shall be duly filed with the proper local and state authorities on or before 9/20/06. ( Ordered by Judge E. Thomas Boyle on 9/7/06.) (Fagan, Linda) (Entered: 09/12/2006)
09/07/2006  Motions terminated as to Gerald Cohen, Lawrence Aviation Industries, Inc.,: 6 MOTION to Exclude filed by USA, Lawrence Aviation Industries, Inc. (See 9/7/06 Order.) (Fagan, Linda) (Entered: 09/13/2006)
09/08/2006Letter Regarding Bail as to Gerald Cohen, Lawrence Aviation Industries, Inc., (Lesko, Mark) (Entered: 09/08/2006)
09/20/200611 Letter regarding secured personal bond as to Gerald Cohen (Gianelli, Paul) (Entered: 09/20/2006)
09/20/200612 Letter regarding secured personal bond- Part 2 as to Gerald Cohen (Gianelli, Paul) (Entered: 09/20/2006)
09/22/200613 NOTICE OF ATTORNEY APPEARANCE: Paul Gianelli appearing for Gerald Cohen, Lawrence Aviation Industries, Inc. (Fagan, Linda) (Entered: 09/22/2006)
09/22/200614 Calendar Entry for proce for proceedings held on 9/22/06 at 10:00 a.m. before A. Kathleen Tomlinson, United States Magistrate Judge, for Criminal Cause for Bail Application; Appearances: Deft.: Gerald Cohen, present on bond, with Attorney(s): Anthony LaPinta and Paul Gianelli, present; For Govt.: AUSA: Mark Lesko; Courtroom Deputy: E. Montero; ESR (Tape #)Court Reporter: 06-58 (895-1791); Status conference set for 9/22/06 at 10:30 a.m. before Judge Hurley; Other: Joint application to amend the bail package. Amended bond executed. Bond set at Secured Appearance Bond in the sum of $6,000,000.00, secured by 2 suretors. Confessons of Judgment to be filed by each suretor by 10/2/06. Deft continued on bond. (Fagan, Linda) (Entered: 09/22/2006)
09/22/200615 AMENDED ORDER Setting Conditions of Release And Bond as to Gerald Cohen (1); That the above-named deft be released as follows, subject to the Standard Cnditions of Bond on the Reverse and Upon a Secured Appearance Bond executed by the deft in the amount of $6,000,000.00( Ordered by Judge A. Kathleen Tomlinson on 9/22/06.) (Fagan, Linda) (Entered: 09/22/2006)
09/22/200616 Minute Entry for proceedings held before Denis R. Hurley :Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 9/22/2006 (Court Reporter Dom Tursi.) (Best, Patricia) (Entered: 09/22/2006)
09/22/200617 WAIVER OF SPEEDY TRIAL/ORDER OF EXCLUDABLE DELAY as to Gerald Cohen, Lawrence Aviation Industries, Inc.; Time excluded from 9/22/06 until 12/1/06. ( Ordered by Judge Denis R. Hurley on 9/22/06.) (Fagan, Linda) (Entered: 09/25/2006)
12/01/200618 Minute Entry for proceedings held before Denis R. Hurley :Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 12/1/2006. Next status set for March 2, 2007 at 10:00 am. (Court Reporter Harry Rapaport.) (Best, Patricia) (Entered: 12/01/2006)
12/01/200619 WAIVER OF SPEEDY TRIAL/ORDER OF EXCLUDABLE DELAY as to Gerald Cohen, Lawrence Aviation Industries, Inc., Time excluded from 12/1/06 until 3/2/07. ( Ordered by Judge Denis R. Hurley on 12/1/06.) (Fagan, Linda) (Entered: 12/05/2006)
03/02/200720 Minute Entry for proceedings held before Denis R. Hurley :Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 3/2/2007. Next status conference set for April 20, 2007 at 10:00 am (Court Reporter Ower Wicker.) (Best, Patricia) (Entered: 03/02/2007)
03/02/200721 WAIVER OF SPEEDTY TRIAL/ORDER OF EXCLUDABLE DELAY as to Gerald Cohen, Lawrence Aviation Industries, Inc., Time excluded from 3/2/07 until 4/20/07.( Ordered by Judge Denis R. Hurley on 3/2/07.) (Fagan, Linda) (Entered: 03/06/2007)
04/20/200722 Minute Entry for proceedings held before Denis R. Hurley :Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 4/20/2007. Next status conference set for June 1, 2007 at 10:00 am (Court Reporter Ellen Combs.) (Best, Patricia) (Entered: 04/20/2007)
04/20/200723 WAIVER OF SPEEDY TRIAL/ORDER OF EXCLUDABLE DELAY as to Gerald Cohen, Lawrence Aviation Industries, Inc.; Time excluded from 4/20/07 until 6/1/07.( Ordered by Judge Denis R. Hurley on 4/20/07.) (Fagan, Linda) (Entered: 04/23/2007)
06/01/200724 Minute Entry for proceedings held before Denis R. Hurley :Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 6/1/2007. Next conference set for August 3, 2007 at 11:00 am (Court Reporter Harry Rapaport.) (Best, Patricia) (Entered: 06/01/2007)
06/01/200725 ORDER TO CONTINUE - Ends of Justice as to Gerald Cohen, Lawrence Aviation Industries, Inc. - Time excluded from 6/1/07 until 8/3/07. Signed by Judge Denis R. Hurley on 6/1/07. (Valle, Christine) (Entered: 06/05/2007)
08/03/200727 WAIVER OF SPEEDY TRIAL/ORDER OF EXCLUDABLE DELAY as to Gerald Cohen, Lawrence Aviation Industries, Inc.; Time excluded from 8/3/07 until 8/10/07.( Ordered by Judge Denis R. Hurley on 8/3/07.) (Fagan, Linda) (Entered: 08/07/2007)
08/06/200726 Minute Entry for proceedings held before Denis R. Hurley :Status Conference as to Gerald Cohen held on 8/3/2007 (Court Reporter Stephani Picozzi.) (Best, Patricia) (Entered: 08/06/2007)
08/10/200728 Minute Entry for proceedings held before Denis R. Hurley :Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 8/10/2007. Next status conference set for October 5, 2007 at 10:00 am (Court Reporter Paul Lombardi.) (Best, Patricia) (Entered: 08/13/2007)
08/10/200729 WAIVER OF SPEEDY TRIAL/ORDER OF EXCLUDBLE DELAY as to Gerald Cohen, Lawrence Aviation Industries, Inc., Time excluded from 8/10/07 until 10/5/07.( Ordered by Judge Denis R. Hurley on 8/10/07.) (Fagan, Linda) (Entered: 08/13/2007)
10/05/200730 Minute Entry for proceedings held before Denis R. Hurley :Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 10/5/2007. Next status conference set for December 14, 2007 at 10:00 am (Court Reporter Mary Ann Steiger.) (Best, Patricia) (Entered: 10/05/2007)
10/05/200731 WAIVER of Speedy Trial by Gerald Cohen, Lawrence Aviation Industries, stipulated that the time from 1/5/07 to 12/14/07 be excluded in computing the time in which trial of the charges against defendant must commence. The parties agree to the exclusion of the forgoing period for the purpose of engaging in continued plea negotiations which is likely to result in the disposition of case without trial. (Barhome, Sydelle) (Entered: 10/10/2007)
10/05/2007  ENDORSED ORDER as to Gerald Cohen, Lawrence Aviation Industries, Inc., granting 31 Waiver of Speedy Trial, Order of Excludable Delay from 10/5/07 to 12/14/07So Ordered by Judge Denis R. Hurley on 10/5/07. (Barhome, Sydelle) (Entered: 10/10/2007)
12/14/200732 Minute Entry for proceedings held before Senior Judge Denis R. Hurley:Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 12/14/2007. Next status conference set for January 18, 2008 at 2:30 pm (Court Reporter Harry Rapaport.) (Best, Patricia) (Entered: 12/14/2007)
12/14/200733 WAIVER OF SPEEDY TRIAL/ORDER OF EXCLUDABLE DELAY as to Gerald Cohen, Lawrence Aviation Industries, Inc.; Time excluded from 12/14/07 until 1/18/08.( Ordered by Senior Judge Denis R. Hurley on 12/14/07.) (Fagan, Linda) (Entered: 12/14/2007)
01/18/200834 Minute Entry for proceedings held before Senior Judge Denis R. Hurley:Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 1/18/2008. Next status conference set for February 8, 2008 at 10:00 am (Court Reporter Dom Tursi.) (Best, Patricia) (Entered: 01/18/2008)
01/18/200835 WAIVER OF SPEEDY TRIAL/ORDER OF EXCLUDABLE DELAY as to Gerald Cohen, Lawrence Aviation Industries, Inc.; Time excluded from 1/18/08 until 2/8/08.( Ordered by Senior Judge Denis R. Hurley on 1/18/07.) (Fagan, Linda) (Entered: 01/22/2008)
02/08/200836 Minute Entry for proceedings held before Senior Judge Denis R. Hurley:Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 2/8/2008. Next status conference set for February 29, 2008 at 11:00 am (Court Reporter Ellen Combs.) (Best, Patricia) (Entered: 02/08/2008)
02/08/200837 WAIVER OF SPEEDY TRIAL/ORDER OF EXCLUDABLE DELAY as to Gerald Cohen, Lawrence Aviation Industries, Inc.; Time excluded from 2/8/08 until 2/29/08.( Ordered by Senior Judge Denis R. Hurley on 2/8/07.) (Fagan, Linda) (Entered: 02/11/2008)
02/29/200838 WAIVER OF SPEEDY TRIAL/ORDER OF EXCLUDABLE DELAY as to Gerald Cohen, Lawrence Aviation Industries, Inc.; Time excluded from 2/29/08 until 4/18/08.( Ordered by Senior Judge Denis R. Hurley on 2/29/08.) (Fagan, Linda) (Entered: 02/29/2008)
02/29/200839 Minute Entry for proceedings held before Senior Judge Denis R. Hurley:Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 2/29/2008 (Court Reporter Perry Auerbach.) (Best, Patricia) (Entered: 02/29/2008)
04/18/200840 Minute Entry for proceedings held before Senior Judge Denis R. Hurley:Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 4/18/2008. Next status conference set for May 2, 2008 at 10:00 am (Court Reporter Harry Rapaport.) (Best, Patricia) (Entered: 04/18/2008)
04/18/200841 WAIVER OF SPEEDY TRIAL/ORDER OF EXCLUDABLE DELAY as to Gerald Cohen, Lawrence Aviation Industries, Inc.; Time excluded from 4/18/08 until 5/2/08.( Ordered by Senior Judge Denis R. Hurley on 4/18/08.) (Fagan, Linda) (Entered: 04/21/2008)
05/02/200843 WAIVER OF SPEEDY TRIAL/ORDER OF EXCLUDABLE DELAY as to Gerald Cohen, Lawrence Aviation Industries, Inc., Time excluded from 5/2/08 until 6/13/08.( Ordered by Senior Judge Denis R. Hurley on 5/2/08.) (Fagan, Linda) (Entered: 05/05/2008)
05/05/200842 Minute Entry for proceedings held before Senior Judge Denis R. Hurley:Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 5/2/2008 (Court Reporter Dom Tursi.) (Best, Patricia) (Entered: 05/05/2008)
06/13/200844 Minute Entry for proceedings held before Senior Judge Denis R. Hurley:Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 6/13/2008. Next status conference set for July 9, 2008 at 11:30 am. (Court Reporter Perry Auerbach.) (Best, Patricia) (Entered: 06/13/2008)
06/13/200845 WAIVER OF SPEEDY TRIAL/ORDER OF EXCLUDABLE DELAY as to Gerald Cohen, Lawrence Aviation Industries, Inc.; Time excluded from 6/13/08 until 7/9/08.( Ordered by Senior Judge Denis R. Hurley on 6/13/08.) (Fagan, Linda) (Entered: 06/16/2008)
07/10/200846 Calendar Entry for proceedings held on 7/10/08 at 1:20 p.m. before Senior Judge Denis R. Hurley; for Criminal Cause for Change of Plea; Appearances: Deft.: Gerald Cohen, Deft. #:01, present, on bail, with Attny. for Deft.: Christopher Abbott for Anthony LaPinta, present; Deft.: Lawrence Aviation Industries, Deft. #:02, present, on bail, with Attny. for Deft.: Christopher Abbott for Anthony LaPinta, present; For Govt.: A.U.S.A.: Mark Lesko; Deputy Clerk: Trisha Best; Court Reporter: Owen Wicker; Probation: Mary Ann Betts. Case called for guilty plea. Deft sworn. Gerald Cohen enters a plea of GUILTY to count 2 of the Indictment on his behalf and on behalf of Lawrence Aviation, as its owner, president, and sole shareholder. The Court accepts the plea. Probation notified. Sentence is set for 11/7/08 at 10:00 a.m. Deft is continued on bond. (Fagan, Linda) (Entered: 07/11/2008)
01/08/2009  Pursuant to the 1/8/09 e-mail from AUSA Lunger: Attorney Richard Thomas Lunger, Jr for USA added. Attorney Mark Joseph Lesko terminated. (Vaughn, Terry) (Entered: 01/08/2009)
01/08/200947 NOTICE OF ATTORNEY APPEARANCE Richard Thomas Lunger, Jr appearing for USA. (Lunger, Richard) (Entered: 01/08/2009)
03/17/200948 Letter requesting adjournment as to Gerald Cohen, Lawrence Aviation Industries, Inc., (LaPinta, Anthony) (Entered: 03/17/2009)
03/18/2009  ORDER granting adjournment as to Gerald Cohen, Lawrence Aviation Industries, Inc., re 48 Letter, ( Sentencing set for 5/1/2009 11:30 AM before Senior Judge Denis R. Hurley.). Ordered by Senior Judge Denis R. Hurley on 3/18/2009. (Best, Patricia) (Entered: 03/18/2009)
04/29/200949 Letter as to Gerald Cohen, Lawrence Aviation Industries, Inc., (LaPinta, Anthony) (Entered: 04/29/2009)
04/30/2009  ORDER as to Gerald Cohen, Lawrence Aviation Industries, Inc., re 49 Letter, ( Sentencing set for 5/29/2009 02:30 PM before Senior Judge Denis R. Hurley.). Due to the Government's objection to the adjournment, no further adjournments will be granted absent extraordinary circumstance. Ordered by Senior Judge Denis R. Hurley on 4/30/2009. (Best, Patricia) (Entered: 04/30/2009)
05/29/200952 Minute Entry for sentence proceedings held before Senior Judge Denis R. Hurley:( Sentencing continued to 6/5/2009 02:00 PM before Senior Judge Denis R. Hurley.) (Court Reporter Dom Tursi.) (Best, Patricia) (Entered: 06/02/2009)
06/05/200953 Minute Entry for proceedings held before Senior Judge Denis R. Hurley:Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 6/5/2009 (Court Reporter Stephanie Picozzi.) (Best, Patricia) (Entered: 06/05/2009)
09/16/200954 NOTICE OF ATTORNEY APPEARANCE: Joseph R. Conway appearing for Gerald Cohen, Lawrence Aviation Industries, Inc., (Conway, Joseph) (Entered: 09/16/2009)
11/02/200955 Letter Forensic Accounting Firms as to Gerald Cohen, Lawrence Aviation Industries, Inc., (Conway, Joseph) (Entered: 11/02/2009)
11/03/2009  ORDER: The Court will hold a status conference on November 10, 2009 at 10:30 AM to address defendants' 55 Letter. Ordered by Senior Judge Denis R. Hurley on 11/3/2009. (Best, Patricia) (Entered: 11/03/2009)
11/12/200956 Minute Entry for proceedings held before Senior Judge Denis R. Hurley:Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 11/10/2009 (Court Reporter Owen Wicker.) (Best, Patricia) (Entered: 11/12/2009)
11/13/200957 Letter by United States regarding accountant's report as to Gerald Cohen, Lawrence Aviation Industries, Inc., (Lunger, Richard) (Entered: 11/13/2009)
12/30/200958 NOTICE of Proposed Order Appointing Accountant as to Gerald Cohen, Lawrence Aviation Industries, Inc., (Lunger, Richard) (Entered: 12/30/2009)
01/04/2010  ORDER as to Gerald Cohen, Lawrence Aviation Industries, Inc., granting 58 Notice appointing Marcus & Company as accounting experts to be paid at the Court's expense. The 11/13/2009 letter attached outlines the scope of the report to be submitted.. Ordered by Senior Judge Denis R. Hurley on 1/4/2010. (Best, Patricia) (Entered: 01/04/2010)
02/04/201059 Letter of Adjournment as to Gerald Cohen, Lawrence Aviation Industries, Inc., (Conway, Joseph) (Entered: 02/04/2010)
02/05/2010  ORDER as to Gerald Cohen, Lawrence Aviation Industries, Inc., re 59 Letter, ( Status Conference set for 2/19/2010 10:00 AM before Senior Judge Denis R. Hurley.). Ordered by Senior Judge Denis R. Hurley on 2/5/2010. (Best, Patricia) (Entered: 02/05/2010)
02/19/201060 Minute Entry for proceedings held before Senior Judge Denis R. Hurley:Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 2/19/2010, ( Status Conference set for 3/19/2010 12:00 PM before Senior Judge Denis R. Hurley.) (Court Reporter Owen Wicker.) (Best, Patricia) (Entered: 02/19/2010)
03/24/2010  ORDER regarding Letter dated March 17, 2010 from Marcus & Company, LLP:Marcus & Company is hereby authorized to hire R.D. Geronimo Ltd. to prepare real estate appraisals of the real properties titled in the names of Gerald Cohen and/or Lawrence Aviation, Inc. Ordered by Senior Judge Denis R. Hurley on 3/24/2010. (Best, Patricia) (Entered: 03/24/2010)
05/19/201062 Letter Adjourning Sentence as to Gerald Cohen, Lawrence Aviation Industries, Inc., (Conway, Joseph) (Entered: 05/19/2010)
05/20/2010  ORDER GRANTING re 62 Letter: Sentencing set for 6/25/2010 10:30 AM before Senior Judge Denis R. Hurley. Ordered by Senior Judge Denis R. Hurley on 5/20/2010. (Best, Patricia) (Entered: 05/20/2010)
08/20/201063 Minute Entry for proceedings held before Senior Judge Denis R. Hurley:Status Conference as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 8/20/2010, ( Sentencing set for 10/15/2010 02:00 PM before Senior Judge Denis R. Hurley.) (Court Reporter Harry Rapaport.) (Best, Patricia) (Entered: 08/20/2010)
10/21/201064 Letter requesting adjournment as to Gerald Cohen, Lawrence Aviation Industries, Inc., (Conway, Joseph) (Entered: 10/21/2010)
10/22/2010  ORDER GRANTING as to Gerald Cohen, Lawrence Aviation Industries, Inc., re 64 Letter: Sentencing adjourned to 11/5/2010 at 10:00 AM before Senior Judge Denis R. Hurley.. Ordered by Senior Judge Denis R. Hurley on 10/22/2010. (Best, Patricia) (Entered: 10/22/2010)
11/02/2010  ORDER as to Gerald Cohen, Lawrence Aviation Industries, Inc: Due to the Court's schedule sentence set for November 5, 2010 at 10:00 an is adjourned to 12/10/2010 at 10:30 AM before Senior Judge Denis R. Hurley.. Ordered by Senior Judge Denis R. Hurley on 11/2/2010. (Best, Patricia) (Entered: 11/02/2010)
11/04/201065 Letter requesting adjournment as to Gerald Cohen, Lawrence Aviation Industries, Inc., (Conway, Joseph) (Entered: 11/04/2010)
12/10/201067 Calendar Entry for proceedings held on December 10, 2010 at 2:00 p.m. before Senior Judge Denis R. Hurley; for Criminal Cause for Sentence; Appearances: Deft.: Gerald Cohen, Deft. #:1, present, on bail, with Atty. for Deft.: Joseph Conway, present; For Gov't.: A.U.S.A.: Richard Lunger; Court Reporter: Owen Wicker; Probation: James Fonte. Case called for sentence on count 2 of the Indictment. Fatico hearing held regarding deft's ability to pay a fine. Deft, Gerald Cohen sworn and testifies. The Court finds by a preponderance of the credible evidence that the deft does not have the ability to pay a fine. Deft is sentenced to one year and one day incarceration on count 2 of the Indictment; followed by three years supervised release with the following conditions: No firearm; Deft shall comply with the Order to Pay Restitution; Full financial disclosure to Probation. $100.00 Special Assessment shall be paid on or before January 31, 2011. Restitution in the amount of $105,816.00 shall be paid within 9 months of deft's release from custody. Restitution is joint and several with deft Lawrence Aviation Industries, Inc. The Fine is waived. Counts one and three of the Indictment are dismissed. Deft shall surrender to the designated facility by 2:00 p.m on February 25, 2011. The Court recommends the deft be housed at FCI Otisville. Deft advised of his right to appeal. (Fagan, Linda) (Entered: 12/15/2010)
12/10/201070 Calendar Entry for proceedings held on December 10, 2010 at 5:15 p.m. before Senior Judge Denis R. Hurley; For Criminal Cause for Sentence; Appearances: Deft.: Lawrence Aviation Indistries, Inc., present, on bail, with Atty. for Deft.: Joseph Conway, present; For Gov't.: A.U.S.A.: Richard Lunger; Court Reporter: Owen Wicker; Probation: James Fonte. Case called for sentencing on count 2 of the Indictment. $400.00 Special Assessment shall be paid on or before September 30, 2011. Restitution in the amount of $105,816.00 shall be paid within 9 months of deft, Gerald Cohen's release from custody. Restitution is joint and several with deft Gerald Cohen. The Fine is waived. Counts one and three of the Indictment are dismissed. Deft advised of his right to appeal. (Fagan, Linda) (Entered: 12/15/2010)
12/14/201068 JUDGMENT as to Gerald Cohen; The Deft.: pleaded guilty to count two of the Indictment on 7/20/2008. Imprisonment: The deft is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of: One year and one day on count 2 of the Indictment. The Court makes the following recommendations to the Bureau of Prisons: The Court recommends the deft be housed at FCI Otisville. The deft shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2 p.m. on February 25, 2011. Supervised Release: Upon release from imprisonment, the deft shall be on supervised release for a term of: Three (3) years on count 2 of the Indictment. The deft shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. Special Conditions of Supervision; The deft shall comply with the Order of Restitution. The deft shall provide full financial disclosure to the Probation Department. Criminal Monetary Penalties: The deft must pay the following total criminal monetary penalties: Assessment: $100.00; Fine: Waived; Restitution: $105,816.00. Schedule of Payments: Having assessed the deft's ability to pay, payment of the total criminal monetary penalties are due as follows: Special instructions regarding the payment of criminal monetary penalties: The $100.00 Special Assessment shall be paid on or before January 31, 2011. Restitution in the amount of $105,816.00 shall be paid within nine months of deft's release from imprisonment. Joint and Several: Deft and Co-Deft Names and Case Numbers (including deft number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate: CR-06-0596-02 (DRH) - Lawrence Aviation Industries, Inc. - Joint and Several - Amount of $105,816.00. Counts 1 and 3 of the Indictment are dismissed on the motion of the United States. ( Ordered by Senior Judge Denis R. Hurley on 12/14/2010.) (Fagan, Linda) (Main Document 68 replaced on 12/15/2010) (Fagan, Linda). (Entered: 12/15/2010)
12/14/201071 The Deft.: pleaded guilty to count two of the Indictment. Criminal Monetary Penalties: The deft must pay the following total criminal monetary penalties: Assessment: $400.00; Fine: Waived; Restitution: $105,816.00. Schedule of Payments: Having assessed the defts ability to pay, payment of the total criminal monetary penalties are due as follows: Special instructions regarding the payment of criminal monetary penalties: The $400.00 Special Assessment shall be paid on or before 9/30/2011. Restitution in the amount of $105,816.00 shall be paid within nine (9) months of deft, Gerald Cohens release from incarceration. Joint and Several: Deft and Co-Deft Names and Case Numbers (including deft number), Total Amount, Joint and Several Amount, and corresponding payee, of appropriate: CR-06-0596-01 (DRH) Gerald Cohen, President - Joint and Several amount of $105,816.00. Counts 1 and 3 of the Indictment are dismissed on the motion of the United States. ( Ordered by Senior Judge Denis R. Hurley on 12/14/2010.) (Fagan, Linda) (Entered: 12/15/2010)
01/14/201375 PETITION for and ORDER on Report on Offender Under Supervisoin as to Gerald Cohen re: To advise the Court that the Offender has not complied with the condition(s) of supervision set forth herein; and to request that no action be taken against the offender so that the U.S. Probation Office can continue to monitor the progress of the civil case. The Court concurs. ( Ordered by Judge Denis R. Hurley on 1/10/2013.) (Fagan, Linda) (Entered: 01/14/2013)
01/28/201376 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Gerald Cohen, Lawrence Aviation Industries, Inc., held on 5/29/2009, before Judge Denis R. Hurley. Court Reporter/Transcriber Dominick Tursi, Telephone number 631-712-6108. Email address: domtursi@email.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/18/2013. Redacted Transcript Deadline set for 2/28/2013. Release of Transcript Restriction set for 4/29/2013. (Tursi, Dom) (Entered: 01/28/2013)