CLOSED

U.S. District Court
Southern District of Florida (Miami)
CRIMINAL DOCKET FOR CASE #: 1:04-cr-20868-ASG-1


Case title: USA v. Optimus, Inc.,

Date Filed: 11/08/2004
Date Terminated: 04/15/2005

Assigned to: Judge Alan S. Gold

Defendant (1)
Optimus, Inc.,
TERMINATED: 04/19/2005
doing business as
Marky's Caviar
represented byEdward Robert Shohat
Shohat,Loewy & Shohat
800 Brickell Avenue
Penthouse 2
Miami, FL 33131-2944
305-358-7000
Fax: 305 358-4010
Email: ed@slsdefense.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Norman Allen Moscowitz
Moscowitz & Moscowitz, P.A.
1111 Brickell Avenue
Suite 2050
Miami, FL 33131
305-379-8300
Fax: 379-4404
Email: nmoscowitz@mmmpa.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
16:3372.F PROHIBITED ACTS OTHER THAN MARKG OFNCE
(1)
Probation for 5 years as to Counts 1 through 5, to be served concurrently with each other. Assessment of $1,450.00. Fine of $1,000,000.00.
18:545.F SMUGGLING GOODS INTO THE US EXCEPT NARCO/LIQUOR
(2-3)
Probation for 5 years as to Counts 1 through 5, to be served concurrently with each other. Assessment of $1,450.00. Fine of $1,000,000.00.
16:3372.F PROHIBITED ACTS OTHER THAN MARKG OFNCE
(4-5)
Probation for 5 years as to Counts 1 through 5, to be served concurrently with each other. Assessment of $1,450.00. Fine of $1,000,000.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byRichard A. Udell
United States Attorney's Office
99 NE 4 Street
Miami, FL 33132
305-961-9413
Fax: 536-4651
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Thomas Austin Watts-Fitzgerald
United States Attorney's Office
99 NE 4 Street
Miami, FL 33132
305-961-9413
Fax: 305-536-4651
Email: thomas.watts-fitzgerald@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
11/08/20041INFORMATION as to Optimus, Inc., (1) count(s) 1, 2-3, 4-5 (Criminal Category 1) (pv, Deputy Clerk) (Entered: 11/10/2004)
11/08/2004  Magistrate identification: Magistrate Judge Andrea M. Simonton (pv, Deputy Clerk) (Entered: 11/10/2004)
11/09/2004  ARREST of Optimus, Inc., (hd, Deputy Clerk) (Entered: 11/12/2004)
11/10/20042ORDER on Initial Appearance as to Optimus, Inc. , (Signed by Magistrate Judge William C. Turnoff on 11/9/04) Tape #04G-38-2089 CCAP (hd, Deputy Clerk) (Entered: 11/12/2004)
11/10/20043WAIVER OF INDICTMENT by Optimus, Inc., (hd, Deputy Clerk) (Entered: 11/12/2004)
11/10/20044NOTICE of Appearance for Optimus, Inc., by Attorney Edward Shohat (hd, Deputy Clerk) (Entered: 11/12/2004)
11/10/20045ARRAIGNMENT INFORMATION SHEET for Optimus, Inc., (1) count(s) 1, 2-3, 4-5 NOT GUILTY PLEA ENTERED as to all counts. Court accepts plea. (hd, Deputy Clerk) (Entered: 11/12/2004)
11/10/20046STANDING DISCOVERY ORDER as to Optimus, Inc., all motions concerning matters not covered by this order must be filed within 28 days of this order ( Signed by Magistrate Judge William C. Turnoff on 11/9/04) CCAP (hd, Deputy Clerk) (Entered: 11/12/2004)
11/12/20047JOINT FACTUAL STATEMENT of by Optimus, Inc., USA (hd, Deputy Clerk) (Entered: 11/15/2004)
11/12/2004  PLEA entered by Optimus, Inc., . Court accepts plea. GUILTY: Optimus, Inc., (1) count(s) 1, 2-3, 4-5 (hd, Deputy Clerk) (Entered: 11/15/2004)
11/12/2004  Change of Plea Hearing as to Optimus, Inc., held before Judge Alan S. Gold (hd, Deputy Clerk) (Entered: 11/15/2004)
11/12/20048Minutes of Change of Plea Hearing held on 11/12/04 before Judge Alan S. Gold as to Optimus, Inc.; guilty on counts 1-5; set Sentencing for 4:30 1/25/05 for Optimus, Inc., before Judge Alan S. Gold Court Reporter Name or Tape #: JOSEPH MILLIKAN (hd, Deputy Clerk) (Entered: 11/15/2004)
11/12/20049Plea Agreement as to Optimus, Inc., on counts 1-5 (hd, Deputy Clerk) (Entered: 11/15/2004)
11/15/200410ORDER Setting Sentencing Hearing and Adopting Sentencing Procedures as to Optimus, Inc., set Sentencing for 4:30 1/25/05 for Optimus, Inc., before Judge Alan S. Gold ( Signed by Judge Alan S. Gold on 11/15/04) [EOD Date: 11/17/04] CCAP (gz, Deputy Clerk) (Entered: 11/17/2004)
12/29/200411UNOPPOSED VERTIFIED MOTION by Optimus, Inc., to continue sentencing (hd, Deputy Clerk) (Entered: 12/30/2004)
01/20/200512ORDER as to Optimus, Inc., reset Sentencing for 4:30 2/28/05 for Optimus, Inc., before Judge Alan S. Gold granting [11-1] motion to continue sentencing as to Optimus, Inc., (1) ( Signed by Judge Alan S. Gold on 1/20/05) [EOD Date: 1/21/05] CCAP (hd, Deputy Clerk) (Entered: 01/21/2005)
02/25/200513ORDER as to Optimus, Inc., setting Sentencing for 4:30 4/7/05 for Optimus, Inc., before Judge Alan S. Gold ( Signed by Judge Alan S. Gold on 2/25/05) [EOD Date: 2/28/05] CCAP (hd, Deputy Clerk) (Entered: 02/28/2005)
03/30/200514ORDER as to Optimus, Inc., resetting Sentencing for 9:00 4/15/05 for Optimus, Inc., before Judge Alan S. Gold , granting defendant's or tenus request to reset sentencing hearing (Signed by Judge Alan S. Gold on 3/30/05) [EOD Date: 3/31/05] CCAP (hd, Deputy Clerk) (Entered: 03/31/2005)
04/15/200515Minutes for sentencing held 4/15/05 before Judge Alan S. Gold as to Optimus, Inc.; Court Reporter: JOSEPH MILLIKAN (hd, Deputy Clerk) (Entered: 04/18/2005)
04/15/2005  Sentencing held before Judge Alan S. Gold Optimus, Inc., (1) count(s) 1, 2-3, 4-5 (hd, Deputy Clerk) (Entered: 04/20/2005)
04/19/200516JUDGMENT as to Optimus, Inc., (1) count(s) 1, 2 -3 , 4 -5 . Probation for 5 years as to Counts 1 through 5, to be served concurrently with each other. Assessment of $1,450.00. Fine of $1,000,000.00. ( Signed by Judge Alan S. Gold on 4/19/05) [EOD Date: 4/20/05] CCAP (hd, Deputy Clerk) (Entered: 04/20/2005)
04/26/200517Judgment Returned Executed as to Optimus, Inc. - returned by US Marshal, no further action necessary (hd, Deputy Clerk) (Entered: 04/27/2005)
05/10/200518TRANSCRIPT filed as to Optimus, Inc., of Sentencing held 4/15/05 before Judge Alan S. Gold Pages: 1-16 (pc, Deputy Clerk) (Entered: 05/11/2005)
05/16/200519Notice, with attachment, of compliance by Optimus, Inc., with [16-1] judgment order re: filing Wildlife Compliance Plan (hd, Deputy Clerk) (Entered: 05/19/2005)
05/16/200519Request by Optimus, Inc., for approval by court of Wildlife Compliance Plan (hd, Deputy Clerk) (Entered: 05/19/2005)
05/18/200520ORDER APPROVING Wildlife Compliance Plan, granting [19-1] motion for approval by court of Wildlife Compliance Plan as to Optimus, Inc., (1) ( Signed by Judge Alan S. Gold on 5/18/05) [EOD Date: 5/19/05] (hd, Deputy Clerk) (Entered: 05/19/2005)
03/31/201022Probation Summons Issued in case as to Optimus, Inc. The defendant shall appear for an Initial Appearance before Duty Magistrate Judge Patrick A. White on April 12, 2010 at 1:30 PM. (jh) (Entered: 03/31/2010)
04/07/201023Probation Summons returned executed on 4/1/10 as to Optimus, Inc., re 22 Probation Summons Issued (tp) (Entered: 04/07/2010)
04/12/201024Minute Entry for proceedings held before Magistrate Judge Patrick A. White: Initial Appearance re Revocation of Probation as to Optimus, Inc., held on 4/12/2010 (Digital 13:37:29/13:55:24.) (Tape #10-B-7&8.) (lcs) (Entered: 04/13/2010)
04/12/201025Order on Initial Appearance on Revocation of Probation/Supervised Release as to Optimus, Inc., for proceeding held on 4/12/2010. Tape #10-B-7&8 (Digital 13:37:29/13:55:24.)All further proceedings before Judge Gold. Signed by Magistrate Judge Patrick A. White on 4/12/2010. (lcs) (Entered: 04/13/2010)
04/27/201026ORDER SETTING HEARING as to Optimus, Inc.,, Final Probation Revocation Hearing set for 6/3/2010 04:30 PM in Miami Division before Judge Alan S. Gold. Signed by Judge Alan S. Gold on 4/27/2010. (jh) (Entered: 04/27/2010)
05/24/2010  Attorney update in case as to Optimus, Inc.,. Attorney Norman Allen Moscowitz and Edward Robert Shohat Activated. (Moscowitz, Norman) (Entered: 05/24/2010)
05/24/201027Unopposed MOTION for Disclosure Partial Disclosure of the Probation Office's File by Optimus, Inc.,. Responses due by 6/10/2010 (Moscowitz, Norman) (Entered: 05/24/2010)
05/27/201028NOTICE of Compliance by Optimus, Inc., re 26 Order, Set Hearings (Shohat, Edward) Modified on 5/28/2010 (ls). [Added relationship to DE #26] (Entered: 05/27/2010)
05/27/201029NOTICE of Compliance by USA as to Optimus, Inc., re 26 Order, Set Hearings (Watts-Fitzgerald, Thomas) (Entered: 05/27/2010)
05/28/201030 Clerks Notice to Filer re 28 Notice of Compliance. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) (Entered: 05/28/2010)
05/28/201031Joint MOTION to Continue Probation Violation Hearing by Optimus, Inc.,. Responses due by 6/14/2010 (Moscowitz, Norman) (Entered: 05/28/2010)
06/01/201032ORDER granting 31 Motion to Continue Hearing as to Optimus, Inc., (1) Final Probation Revocation Hearing set for 7/12/2010 11:00 AM in Miami Division before Judge Alan S. Gold.. Signed by Judge Alan S. Gold on 6/1/2010. (jh) (Entered: 06/01/2010)
07/08/201033Unopposed MOTION to Continue Probation Violation Hearing by Optimus, Inc.,. Responses due by 7/26/2010 (Moscowitz, Norman) (Entered: 07/08/2010)
07/09/201034ORDER RESETTING HEARING granting 33 Motion to Continue Hearing as to Optimus, Inc., (1). Final Probation Revocation Hearing set for 7/28/2010 10:00 AM in Miami Division before Judge Alan S. Gold. Signed by Judge Alan S. Gold on 7/9/2010. (jh) (Entered: 07/09/2010)
07/21/201035 MOTION to Bring Electronic Equipment into the courtroom by Optimus, Inc.,. Responses due by 8/9/2010 (Attachments: # 1 Text of Proposed Order)(Shohat, Edward) (Entered: 07/21/2010)
07/26/201036ORDER granting 35 Motion to Bring Electronic Equipment into the courtroom as to Optimus, Inc., (1). Signed by Judge Alan S. Gold on 7/26/2010. (jh) (Entered: 07/26/2010)
07/28/201037 PAPERLESS Minute Entry for proceedings held before Judge Alan S. Gold: Final Probation Revocation Hearing as to Optimus, Inc. held on 7/28/2010 and the hearing is continued to 08/27/2010 at 1:30 PM. PARTICIPANTS: AUSA Tom Watts-Fitzgerald; Edward R. Shohat, Esquire; Norman A. Moscowitz, Esquire; Mark Zaslavsky, President; Mark Gelman, Vice-President and Secretary; USPO Frank J. Ardino. Court Reporter: Joseph Millikan, 305-523-5588 / Joseph_Millikan@flsd.uscourts.gov (jh) (Entered: 07/28/2010)
07/28/201038ORDER SETTING DEADLINE AND HEARING as to Optimus, Inc. Miscellaneous Deadline: 8/20/2010. Final Probation Revocation Hearing set for 8/27/2010 01:30 PM in Miami Division before Judge Alan S. Gold. Signed by Judge Alan S. Gold on 7/28/2010. (jh) (Entered: 07/28/2010)
08/20/201039NOTICE of Compliance by USA, Optimus, Inc., as to Optimus, Inc., re 38 Order, Set Deadlines/Hearings (Shohat, Edward) (Entered: 08/20/2010)
08/27/201040Minute Entry for proceedings held before Judge Alan S. Gold: Final Probation Revocation Hearing as to Optimus, Inc., held on 8/27/2010. Court Reporter: Joseph Millikan, 305-523-5588 / Joseph_Millikan@flsd.uscourts.gov (jh) (Entered: 08/27/2010)
09/01/201041NOTICE Of Filing Corporate Resolution by Optimus, Inc., (Shohat, Edward) (Entered: 09/01/2010)
09/03/201042ORDER on Notice of Probation Violation as to Optimus, Inc., re 21 Petition and Order for Action on Conditions of Release. Signed by Judge Alan S. Gold on 9/3/2010. (jh) Modified on 9/8/2010 to correct typo (jh). (Entered: 09/03/2010)
09/08/201043EXHIBITS LIST by Optimus, Inc., re: 40 Revocation of Probation - Final Hearing (jh) (Entered: 09/08/2010)
09/08/201044NOTICE OF EXHIBIT LOCATION and exhibit list as to Optimus, Inc., re: 40 Revocation of Probation - Final Hearing (jh) (Entered: 09/08/2010)
09/09/201045 PAPERLESS ORDER denying as moot 27 Motion for Disclosure as to Optimus, Inc., (1). Signed by Judge Alan S. Gold on 9/9/2010. (jh) (Entered: 09/09/2010)