36, APPEAL

U.S. District Court
CENTRAL DISTRICT OF ILLINOIS (Springfield)
CRIMINAL DOCKET FOR CASE #: 3:07-cr-30003-RM -BGC-2


Case title: USA v. Shah et al

Date Filed: 01/22/2007
Date Terminated: 07/07/2009

Assigned to: Judge Richard Mills
Referred to: Magistrate Judge Byron G. Cudmore
Appeals court case number: 10-1184 7th Circuit Court of Appeals

Defendant (2)
Shah Engineering Inc
TERMINATED: 07/07/2009
represented byJames E Elmore
ELMORE & REID
808 S Second St
Springfield, IL 62704
217-523-2340
Fax: 217-523-2549
Email: elmoreandreid@sbcglobal.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Jerome F Marconi , Jr
LAW OFFICES OF JEROME F MARCONI
Suite 700
555 W Jackson
Chicago, IL 60661
312-930-5645
Fax: 312-930-9877
Email: ijustdoit@ameritech.net
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Howard M Hoffmann
DUANE MORRIS LLP
Suite 3700
190 South LaSalle Street
Chicago, IL 60603
312-499-6719
Fax: 312-499-6701
Email: HMHoffmann@duanemorris.com
TERMINATED: 02/28/2011
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:1341 - FRAUDS AND SWINDLES - On or about December 27, 2004 defendants committed mail fraud in violation of 18:1341
(1)
Defendant sentenced to 2 years probation; $400.00 special assessment; $500,000 fine; and $10,000,000 restitution.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Interested Party
Ila Shah represented byJohn Edwin Partelow
LAW OFFICE OF JOHN E PARTELOW
555 West Jackson Boulevard, Suite 700
Suite 700
Chicago, IL 60661
312-655-0837
Email: jepartelow@aol.com
ATTORNEY TO BE NOTICED


Interested Party
Paras Shah represented byJohn Edwin Partelow
(See above for address)
ATTORNEY TO BE NOTICED


Interested Party
Punam Shah represented byJohn Edwin Partelow
(See above for address)
ATTORNEY TO BE NOTICED


Interested Party
Pamona Namkung represented byJohn Edwin Partelow
(See above for address)
ATTORNEY TO BE NOTICED


Interested Party
David Namkung represented byJohn Edwin Partelow
(See above for address)
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byPatrick D Hansen
US ATTY
318 S Sixth
Springfield, IL 62701-1806
217-492-4450
Fax: 217-492-4512
Email: patrick.hansen@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Eric I Long
US ATTY
318 S Sixth
Springfield, IL 62701-1806
217-492-4450
Fax: 217-492-4512
Email: eric.long@usdoj.gov
ATTORNEY TO BE NOTICED

James A Lewis
US ATTY
318 S Sixth
Springfield, IL 62701-1806
217-492-4450
Fax: 217-492-4512
Email: jim.lewis2@usdoj.gov
TERMINATED: 07/08/2010
ATTORNEY TO BE NOTICED

Joseph H Hartzler
US ATTY
318 S Sixth
Springfield, IL 62701-1806
(217) 492-4450
Fax: 492-4512
Email: joe.hartzler@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
01/22/2007INFORMATION as to Manu Shah (1) count(s) 2, 3, Shah Engineering Inc (2) count(s) 1. (MC, ilcd) (Entered: 01/22/2007)
01/22/2007PLEA AGREEMENT as to Shah Engineering Inc (MC, ilcd) (Entered: 01/23/2007)
01/23/2007  TEXT ORDER: This matter is referred to United States Magistrate Judge Byron G. Cudmore for a hearing on waiver of indictment, entry of plea, and consideration of bond. Entered by Judge Jeanne E. Scott on 1/22/07. (MC, ilcd) (Entered: 01/23/2007)
01/23/2007  NOTICE OF HEARING: Felony plea hearing set Thursday, February 1, 2007, at 3:00 PM before U.S. Magistrate Judge Byron G. Cudmore. (MC, ilcd) (Entered: 01/23/2007)
01/31/2007 MOTION to Unseal Case by USA as to Manu Shah, Shah Engineering Inc. (CT, ilcd) (Entered: 01/31/2007)
01/31/2007  TEXT ORDER granting 4 Motion to Unseal Case as to Manu Shah (1), Shah Engineering Inc (2). Entered by Judge Byron G. Cudmore on 1/31/2007. (CT, ilcd) (Entered: 01/31/2007)
02/01/2007NOTICE OF PROPOSED ORDER by USA as to Manu Shah, Shah Engineering Inc (Hansen, Patrick) (Entered: 02/01/2007)
02/01/2007  ORAL MOTION to Continue Felony Plea Hearing by Shah Engineering Inc. (ME, ilcd) (Entered: 02/01/2007)
02/01/2007  Minute Entry for proceedings held before Judge Byron G. Cudmore :Joint Oral Motion to Continue Felony Plea Hearing as to Shah Engineering Inc (2) allowed. Initial Appearance & Plea Hearing set for 2/27/2007 04:00 PM in Courtroom 3 before Magistrate Judge Byron G. Cudmore. (ME, ilcd) (Entered: 02/02/2007)
02/27/200716 Written Consent of The Board of Directors of Shah Engineering, Inc. by Manu Shah, Shah Engineering Inc (ME, ilcd) (Entered: 03/01/2007)
02/27/200717 WAIVER OF INDICTMENT by Shah Engineering Inc (ME, ilcd) (Entered: 03/01/2007)
02/27/2007  Minute Entry for proceedings held before Judge Byron G. Cudmore :Initial Appearance/Felony Plea Hearing as to Shah Engineering Inc held on 2/27/2007. AUSA Patrick Hansen present on behalf of the Govt. Attorney James Elmore present on behalf of corporate entity Shah Engineering Inc. Written consent of the Board of Directors filed. Parties acknowledge filing of written consent to proceed with plea before US Magistrate Judge. Waiver of Indictment filed. Dft advised of right to trial by jury, essential elements, and penalties. Plea agreement discussed. Paragraph 11 of the Plea Agreement amended by interlineation. Govt proposes the factual basis as paragraph 18 of the Plea Agreement. Corporate defendant accepts factual basis. Corporate defendant pleads guilty to Count 1 of the Information. Report and Recommendation to be entered recommending that the District Judge enter judgment on plea of guilty. Presentence investigation and report ordered. Sentencing set for 6/4/2007 03:30 PM in Courtroom 1 before Judge Jeanne E. Scott. (Court Reporter: S.F. Capitol Reporting Service.) (ME, ilcd) (Entered: 03/01/2007)
02/27/200718 Notice Regarding Entry of Plea and Signed Consent as to Shah Engineering Inc (ME, ilcd) (Entered: 03/01/2007)
03/01/200719 REPORT AND RECOMMENDATIONS on Plea of Guilty as to Shah Engineering Inc. Objections to R&R due by 3/19/2007. Entered by Judge Byron G. Cudmore on 2/27/07. (ME, ilcd) (Entered: 03/01/2007)
03/01/200720 ORDER on Implementation of Sentencing Guidelines as to Shah Engineering Inc. Entered by Judge Byron G. Cudmore on 2/27/07. (ME, ilcd) (Entered: 03/01/2007)
03/20/2007  TEXT ORDER: Pursuant to the Report and Recommendation of United States Magistrate Judge Byron G. Cudmore entered March 1, 2007 (d/e 19), to which there has been no timely objection, the Court hereby accepts Defendant Shah Engineering Inc. waiver of indictment and plea of guilty to the charges in Count 1 of the Information (d/e 1). Defendant Shah Engineering Inc. is adjudged guilty of this offense. Sentencing for Defendant Shah Engineering Inc. is scheduled for June 4, 2007, at 3:30 p.m.Entered by Judge Jeanne E. Scott on 3/20/07. (MC, ilcd) (Entered: 03/20/2007)
03/23/2007  Remark: Metlife Inc. G-401186767. Approx $2.5 million in stock certificates received from Oppenheimer & Co pursuant to 2/1/07 Court Order 11 as to Manu Shah. Stock certificates placed in Peoria vault. Receipt no. P18631. (ME, ilcd) (Entered: 03/28/2007)
04/13/200721  MOTION to Continue Sentencing by USA as to Manu Shah, Shah Engineering Inc. (Hansen, Patrick) (Entered: 04/13/2007)
04/16/2007  TEXT ORDER: The Government's Motion to Continue Sentencing (d/e 21) is ALLOWED. The sentencing hearing for both Defendant Manu Shah and Defendant Shah Engineering, Inc., is continued to September 24, 2007, at 1:30 p.m.. Entered by Judge Jeanne E. Scott on 4/16/07. (MC, ilcd) (Entered: 04/16/2007)
04/16/2007  Set/Reset Deadlines/Hearings as to Manu Shah, Shah Engineering Inc: Sentencing set for 9/24/2007 at 01:30 PM in Courtroom 1 before Judge Jeanne E. Scott. (MC, ilcd) (Entered: 04/16/2007)
05/17/2007  Receipt: Approximately 2 million in stock certificates received from Oppenheimer & Co. (Receipt #P019126) as to Manu Shah, Shah Engineering Inc. Certificates placed in non-collateral file in vault in Clerk's Office, Peoria, IL. (ME, ilcd) (Entered: 05/25/2007)
06/07/200722  MOTION to Produce Documents by Manu Shah as to Manu Shah, Shah Engineering Inc. (Attachments: # 1 Exhibit # 2 Exhibit)(Elmore, James) (Entered: 06/07/2007)
06/18/200723  MOTION for Extension of Time to File Response/Reply to Motion for Production of Documents by Manu Shah, Shah Engineering Inc. (Hansen, Patrick) (Entered: 06/18/2007)
07/10/200724 RESPONSE to Motion by USA as to Manu Shah, Shah Engineering Inc re 22 MOTION to Produce DOCUMENTS (Hansen, Patrick) (Entered: 07/10/2007)
07/12/2007  TEXT ORDER: Defendants' Motion for Production of Documents (d/e 22) is DENIED as moot. The Government represents that all documents sought by the Defendants have now been produced. Government's Response to Motion for Production of Documents (d/e 24). Defendants may renew the Motion if they determine that some documents have not been produced. Entered by Judge Jeanne E. Scott on 7/12/07. (MC, ilcd) (Entered: 07/12/2007)
08/22/200725  MOTION to Modify Conditions of Release by Manu Shah as to Manu Shah, Shah Engineering Inc. (Elmore, James) (Entered: 08/22/2007)
08/24/2007  Receipt: Approximately 250,000 shares in stock certificates from Oppenheimer & Co (Receipt # P019933) as to Manu Shah, Shah Engineering Inc. Certificates placed in non-collateral file in vault in Clerk's Office, Peoria, IL. (SM, ilcd) (Entered: 08/27/2007)
09/10/200726  MOTION to Continue Sentencing by Manu Shah as to Manu Shah, Shah Engineering Inc. (Elmore, James) (Entered: 09/10/2007)
09/12/2007  TEXT ORDER: Defendants' Motion to Continue Sentencing (d/e 26) is ALLOWED. The sentencing hearing in this case for Defendants Manu Shah and Shah Engineering, Inc., is continued to January 2, 2008, at 11:00 a.m. Entered by Judge Jeanne E. Scott on 9/12/07. (ME, ilcd) (Entered: 09/12/2007)
12/05/200727  MOTION to Continue Sentencing by Manu Shah as to Manu Shah, Shah Engineering Inc. (Elmore, James) (Entered: 12/05/2007)
12/05/2007  TEXT ORDER: Defendants Manu Shah and Shah Engineering's Motion to Continue Sentencing (d/e 27) is ALLOWED. The sentencing is continued to January 30, 2008, at 9:00 a.m. The Court has allowed two days on January 30-31, 2008, for the hearing. Entered by Judge Jeanne E. Scott on 12/5/2007. (CT, ilcd) (Entered: 12/05/2007)
01/08/200828 COMMENTARIES ON SENTENCING FACTORS by USA as to Manu Shah, Shah Engineering Inc. (Attachments: # 1 Ex. 1A, # 2 Ex. 1b, # 3 Ex. 1c, # 4 Ex. 1d, # 5, # 6 Ex. 1f, # 7 Ex. 1g, # 8 Ex. 2a, # 9 Ex. 6)(Hansen, Patrick) (Entered: 01/08/2008)
01/10/200829  MOTION to Continue Sentencing by Manu Shah as to Manu Shah, Shah Engineering Inc. (Elmore, James) (Entered: 01/10/2008)
01/10/2008  TEXT ORDER: Defendants' Motion to Continue Sentencing (d/e 29) is ALLOWED. The sentencing hearing in this matter currently set for January 30-31, 2008, is canceled, and the hearing is rescheduled for April 29-30, 2008, beginning at 9:00 a.m. each day. Entered by Judge Jeanne E. Scott on 1/10/08. (ME, ilcd) (Entered: 01/10/2008)
02/27/2008  Receipt: 21,666 shares in stock certificates from Oppenheimer & Co (Receipt #P021525) as to Manu Shah, Shah Engineering Inc. Certificates placed in non- collateral file in vault in Clerk's Office, Peoria, IL. (SM, ilcd) (Entered: 04/24/2008)
04/17/200831 COMMENTARIES ON SENTENCING FACTORS by Manu Shah as to Manu Shah, Shah Engineering Inc. (Attachments: # 1 Exhibit Gordon letter, # 2 Exhibit Lowest average, # 3 Exhibit SEI Audit Report, # 4 Exhibit Comparable averages, # 5 Exhibit Invoice Payroll, # 6 Exhibit IRS Publication)(Marconi, Jerome) (Entered: 04/17/2008)
04/29/2008  Minute Entry for proceedings held before Judge Jeanne E. Scott: SENTENCING/MOTION HEARING. AUSA Patrick Hansen present for the government. Defendants present with attorneys, James Elmore and Jerome Marconi. Parties motion to continue sentencing hearing granted. Sentencing rescheduled for 11/24/2008 09:00 AM in Courtroom 1 before Judge Jeanne E. Scott. Defendant Shah's bond to continue in full force and effect. (Court Reporter KS.) (CT, ilcd) (Entered: 04/29/2008)
06/16/200832 ORDER for payment of restitution as to Manu Shah, Shah Engineering Inc. Entered by Judge Jeanne E. Scott on 6/16/2008. (CT, ilcd) (Entered: 06/16/2008)
06/19/200833  MOTION to Modify Conditions of Release by Manu Shah as to Manu Shah, Shah Engineering Inc. (Elmore, James) (Entered: 06/19/2008)
11/16/200835 COMMENTARIES ON SENTENCING FACTORS by Manu Shah, Shah Engineering Inc. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Marconi, Jerome) (Entered: 11/16/2008)
11/16/200836 NOTICE of Filing by Manu Shah, Shah Engineering Inc re 35 Commentaries on Sentencing Factors (Marconi, Jerome) (Entered: 11/16/2008)
11/17/200837  MOTION to Continue Sentencing by Manu Shah as to Manu Shah, Shah Engineering Inc. (Marconi, Jerome) (Entered: 11/17/2008)
11/17/200838 NOTICE of Filing by Manu Shah as to Manu Shah, Shah Engineering Inc (Marconi, Jerome) (Entered: 11/17/2008)
11/18/2008  ORDER granting 37 Motion to Continue as to Manu Shah (1), Shah Engineering Inc (2); ( Sentencing set for 5/27/2009 09:00 AM in Courtroom 1 before Judge Jeanne E. Scott.) Entered by Judge Jeanne E. Scott on 11/18/2008. (CT, ilcd) (Entered: 11/18/2008)
11/19/200839  MOTION to Continue (Reschedule) Sentencing by USA as to Manu Shah, Shah Engineering Inc. (Hansen, Patrick) (Entered: 11/19/2008)
11/20/2008  TEXT ORDER: The Government's Motion to Reschedule Sentencing (d/e 39) is ALLOWED. The sentencing hearing in this case set for May 27, 2009, is canceled and reset for June 30, 2009, at 9:00 a.m. Entered by Judge Jeanne E. Scott on 11/20/2008. (CT, ilcd) (Entered: 11/20/2008)
12/05/200840 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Manu Shah, Shah Engineering Inc held on 4/29/2008, before Judge Scott. Court Reporter/Transcriber KS. Transcript purchased by: Patrick Hansen.

IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule.

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 12/29/2008. Redacted Transcript Deadline set for 1/5/2009. Release of Transcript Restriction set for 3/5/2009. (CT, ilcd) (Entered: 12/05/2008)
06/23/200941 COMMENTARIES ON SENTENCING FACTORS by USA as to Manu Shah, Shah Engineering Inc (Hansen, Patrick) Corrected event type selected/Modified on 6/23/2009 (ME, ilcd). (Entered: 06/23/2009)
06/23/2009  Notice of Docket Text or Event Modification re 41 : Corrected text and event type to reflect "Commentary on Sentencing Factors". NEF regenerated.(ME, ilcd) (Entered: 06/23/2009)
06/25/200942 COMMENTARIES ON SENTENCING FACTORS by Manu Shah as to Manu Shah, Shah Engineering Inc. (Attachments: # 1 Exhibit Exhibit A)(Marconi, Jerome) (Entered: 06/25/2009)
06/30/2009  Minute Entry for proceedings held before Judge Jeanne E. Scott: SENTENCING HEARING as to defendants Manu Shah and Shah Engeering. AUSA Patrick Hansen present for government. Defendant Manu Shah present in person and with attorneys, Jay Elmore and Jerome Marconi; Shah Engeering represented by Manu Shah. Parties' objection to the PSR agreed upon and sustained by Court. Court found that the amount of loss was $10,000,000.00. Court adopted the remaining factual findings of the PSR as its own. Court noted that the guidelines were advisory. Arguments of counsel heard regarding sentencing. Defendant exercised his right of allocution and addressed the Court. Government's recommendation for a downward departure accepted. Defendant Shah sentenced to 41 months imprisonment on each of counts 1, 2, and 3 to run concurrently; 3 years supervised release on counts 1, 2, and 3 to run concurrently; $300 special assessment; and $10,000,000.00 restitution to be paid jointly and severly; Defendant Shah Engineering Inc. sentenced to 2 years probation; $400.00 special assessment; $500,000 fine; and $10,000,000 restitution to be paid jointly and severly. Rights of appeal waived. Defendant Shah's motion to self report granted. Defendant Shah to report to the designated facility by 12 noon on August 20, 2009 or to the US Marshal Office located at 600 E. Monroe, Springfield, IL. Defendant Shah's bond to remain in full force and effect. (Court Reporter KS.) (CT, ilcd) (Entered: 07/01/2009)
07/01/200945 +++ PRESENTENCE INVESTIGATION REPORT as to Shah Engineering Inc (CT, ilcd) (Entered: 07/01/2009)
07/01/200946 +++ SENTENCING RECOMMENDATION as to Shah Engineering Inc. (CT, ilcd) (Entered: 07/01/2009)
07/07/200950 JUDGMENT as to Shah Engineering Inc (2), Count(s) 1, Defendant sentenced to 2 years probation; $400.00 special assessment; $500,000 fine; and $10,000,000 restitution. Entered by Judge Jeanne E. Scott on 7/6/2009. (CT, ilcd) (Entered: 07/07/2009)
07/07/200951 +++ SEALED DOCUMENT.Original Judgment as to Shah Engineering. (CT, ilcd) (Entered: 07/07/2009)
07/07/200952 +++ STATEMENT OF REASONS FOR IMPOSING SENTENCE as to Shah Engineering Inc (CT, ilcd) (Entered: 07/07/2009)
07/08/200953 +++ SEALED MOTION (CT, ilcd) (Entered: 07/08/2009)
07/13/200954  ORDER granting 53 Sealed Motion as to Manu Shah (1), Shah Engineering Inc (2). Entered by Judge Jeanne E. Scott on 7/8/2009. (CT, ilcd) (Entered: 07/13/2009)
07/14/200956 NOTICE OF ATTORNEY APPEARANCE James A Lewis appearing for USA. (Entry of Appearance) (Lewis, James) (Entered: 07/14/2009)
10/23/200959 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Manu Shah, Shah Engineering Inc held on 6/30/2009, before Judge Jeanne E. Scott. Court Reporter/Transcriber KS. Transcript purchased by:Patrick Hansen.

IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule.

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 11/13/2009. Redacted Transcript Deadline set for 11/23/2009. Release of Transcript Restriction set for 1/21/2010. (CT, ilcd) (Entered: 10/23/2009)
12/10/200960 NOTICE OF ATTORNEY APPEARANCE: Howard M Hoffmann appearing for Manu Shah, Shah Engineering Inc (Hoffmann, Howard) (Entered: 12/10/2009)
12/10/200961  MOTION for Leave to File Brief in Excess of Page Limitation by Manu Shah, Shah Engineering Inc. (Attachments: # 1 Appendix Combined Motion & Memorandum re Full Credit, # 2 Exhibit Exhs 1-5 to App A, # 3 Exhibit Exhs 6-7 to App A, # 4 Text of Proposed Order Prop Ord to App A, # 5 Text of Proposed Order Proposed Order re Motion for leave to file brief in excess of page limitation)(Hoffmann, Howard) (Entered: 12/10/2009)
12/11/2009  TEXT ORDER: Defendant's Motion for Leave to File Brief in Excess of Page Limitation (d/e 61) is ALLOWED. Defendants are directed to file the attached proposed combined Motion and Memorandum. Entered by Judge Jeanne E. Scott on 12/11/2009. (CT, ilcd) (Entered: 12/11/2009)
12/11/200962  MOTION full credit for restitution paid and other relief DEFENDANTS' COMBINED MOTION AND MEMORANDUM THAT THE ENTIRE $7MILLION ALREADY PAID BE FULLY CREDITED AGAINST THE ORDERED $10MILLION RESTITUTION, AND FOR OTHER RELIEF by Manu Shah, Shah Engineering Inc. (Attachments: # 1 Exhibit 1-7, # 2 Text of Proposed Order)(Hoffmann, Howard) (Entered: 12/11/2009)
12/18/200963 RESPONSE to Motion by USA as to Manu Shah, Shah Engineering Inc re 62 MOTION full credit for restitution paid and other relief DEFENDANTS' COMBINED MOTION AND MEMORANDUM THAT THE ENTIRE $7MILLION ALREADY PAID BE FULLY CREDITED AGAINST THE ORDERED $10MILLION RESTITUTION, AND FOR OTHER RELIEF (Lewis, James) (Entered: 12/18/2009)
01/04/201064  MOTION For Time and Date Certain to File Motion for Leave to File Reply re 63 Response to Motion, 62 MOTION full credit for restitution paid and other relief DEFENDANTS' COMBINED MOTION AND MEMORANDUM THAT THE ENTIRE $7MILLION ALREADY PAID BE FULLY CREDITED AGAINST THE ORDERED $10MILLION RESTITUTION, AND FOR OTHER RELIEF by Manu Shah, Shah Engineering Inc. (Attachments: # 1 Text of Proposed Order)(Hoffmann, Howard) (Entered: 01/04/2010)
01/05/2010  TEXT ORDER: Defendants' Motion for Time and Date Certain to File Motion for Leave to File Reply and Reply Brief (d/e 64) is DENIED. The parties have briefed the matter thoroughly. There is, thus, no need for a reply brief. Entered by Judge Jeanne E. Scott on 1/5/2010. (CT, ilcd) (Entered: 01/05/2010)
01/15/201065 ORDER denying 62 Motion as to Manu Shah (1), Shah Engineering Inc (2) that the Entire $7 Million Already Paid Be Bully Credited Against the Ordered $10 Million Restitution and for Other Relief. Entered by Judge Jeanne E. Scott on 1/15/2010. (CT, ilcd) (Entered: 01/15/2010)
01/20/201066 Letter dated 01/20/2010 to Merrill Lynch from Kelly Driscoll, Financial Administrator for the CDIL enclosing 4 items of non-cash collateral for case #07-30003. 1)Metlife, Inc. G-401186767: Approximately 2.5 million in stock certificates from Oppenheimer due on 2/7/7, receipt #P18631; 2)Approximately 2 million in stock certificates from Oppenheimer, Receipt #P019126; 3)Approximately 250,000 shares of stock certificates from Oppenheimer ($1,011,632.00) receipt #P019933; 4)21,666 shares in stock certificates from Oppenheimer, receipt #P021525 &SD11058. Said documents were returned to Merrill Lynch 01/20/10 by Federal Express, tracking #8707 1517 8880. (HK, ilcd) (Entered: 01/21/2010)
01/22/201067 NOTICE OF APPEAL by Manu Shah, Shah Engineering Inc (Hoffmann, Howard) (Entered: 01/22/2010)
01/22/201068 Short Record of Appeal as to Manu Shah, Shah Engineering Inc sent to US Court of Appeals re 67 Notice of Appeal (CT, ilcd) (Entered: 01/22/2010)
01/22/2010  Remark: Filing fee of $455.00 paid on Notice of Appeal. Receipt 34626002211. (CT, ilcd) (Entered: 01/22/2010)
01/22/201069 NOTICE of Docketing Record on Appeal from USCA as to Manu Shah, Shah Engineering Inc re 67 Notice of Appeal - Final Judgment filed by Manu Shah, Shah Engineering Inc. USCA Case Number 10-1184 (CT, ilcd) (Entered: 01/22/2010)
02/03/201070  MOTION To Withdraw Record On Appeal by Manu Shah, Shah Engineering Inc. (Hoffmann, Howard) (Entered: 02/03/2010)
02/04/2010  TEXT ORDER: Defendants'/Appellants' Motion to Withdraw Record on Appeal (d/e 70) is ALLOWED. Entered by Judge Jeanne E. Scott on 2/3/2010. (CT, ilcd) (Entered: 02/04/2010)
02/04/201071 Letter from CoC To Attorney Hoffmann sending ROA. (CT, ilcd) (Entered: 02/04/2010)
02/05/201072 TRANSCRIPT REQUEST (No Transcript ordered.) by Manu Shah, Shah Engineering Inc before Judge Judge Scott, (CT, ilcd) (Entered: 02/05/2010)
02/17/201073  MOTION To Supplement Record On Appeal by Manu Shah, Shah Engineering Inc. (Attachments: # 1 Exhibit Notice of Lien)(Hoffmann, Howard) (Entered: 02/17/2010)
02/19/201074 RESPONSE to Motion by USA as to Manu Shah, Shah Engineering Inc re 73 MOTION To Supplement Record On Appeal (Lewis, James) (Entered: 02/19/2010)
02/19/201075  MOTION to Supplement Record on Appeal by USA as to Manu Shah, Shah Engineering Inc. (Lewis, James) (Entered: 02/19/2010)
02/19/2010  TEXT ORDER: Defendants/Appellants' Motion to Supplement Record on Appeal (d/e 73) is ALLOWED in part. The Court allows the addition of the documents listed on the first page of the Motion that were filed in this case at Docket Numbers 1, 2, 11, 32, 40, 47, 55, 57, 58, and 59. The Clerk is directed to add these documents to the record on appeal. The Court denies the request to add to the record on appeal the Notice of Lien attached to the Motion as Exhibit A. The Notice of Lien was not before this Court and so is not properly part of the record on appeal. Entered by Judge Jeanne E. Scott on 2/19/2010. (CT, ilcd) (Entered: 02/19/2010)
03/11/201076  MOTION to Withdraw Supplemental Record On Appeal re Order on Motion for Miscellaneous Relief,, by Manu Shah, Shah Engineering Inc. (Hoffmann, Howard) (Entered: 03/11/2010)
03/15/2010  TEXT ORDER: Defendants'/Appellants' Motion to Withdraw Supplemental Record on Appeal (d/e 76) is ALLOWED. Entered by Judge Jeanne E. Scott on 3/15/10. (ME, ilcd) (Entered: 03/15/2010)
03/16/2010  TEXT ORDER: The United States' Motion to Supplement Record on Appeal (d/e 75) is ALLOWED. The Clerk is directed to supplement the record on appeal with documents with docket numbers 35 and 42 as requested in the Motion. Entered by Judge Jeanne E. Scott on 3/16/10. (ME, ilcd) (Entered: 03/16/2010)
03/16/201077 Letter from Clerk transmitting supplemental record on appeal to Attorney Howard Hoffman via email. (ME, ilcd) (Entered: 03/16/2010)
03/29/201079 Citation to Discover Assets issued as to Shah Engineering, Inc, %Howard Hoffman, attorney; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/29/2010)
03/29/201080 Citation to Discover Assets issued as to James Farmer %Wachovia Corporation; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/29/2010)
03/29/201081 Citation to Discover Assets issued as to Fidelity Investmentws; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/29/2010)
03/29/201082 Citation to Discover Assets issued as to Timothy Gallagher; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/29/2010)
03/29/201083 Citation to Discover Assets issued as to Punam Shah; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/29/2010)
03/29/201084 Citation to Discover Assets issued Paras Shah; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Judge Jeanne E. Scott. (CT, ilcd) (Entered: 03/29/2010)
03/29/201085 Citation to Discover Assets issued as to Ila Shah; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/29/2010)
03/29/201086 Citation to Discover Assets issued as to Pamona Namkung; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) Modified on 3/30/2010 (CT, ilcd). (Entered: 03/30/2010)
03/29/201087 Citation to Discover Assets issued as to David Namkung; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) Modified on 3/30/2010 (CT, ilcd). (Entered: 03/30/2010)
03/29/201088 Citation to Discover Assets issued as to West Suburban Bank; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) Modified on 3/30/2010 (CT, ilcd). (Entered: 03/30/2010)
03/29/201089 Citation to Discover Assets issued as to Wachovia Corporation; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) Modified on 3/30/2010 (CT, ilcd). (Entered: 03/30/2010)
03/29/201090 Citation to Discover Assets issued as to Transamerica Occidental Life Insurance Co.; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 1 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/30/2010)
03/29/201091 Citation to Discover Assets issued as to Phoenix Life Insurance; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/30/2010)
03/29/201092 Citation to Discover Assets issued as to Pacific Life; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/30/2010)
03/29/201093 Citation to Discover Assets issued as to Oppenheimer Funds; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/30/2010)
03/29/201094 Citation to Discover Assets issued as to Manu & Ila Shah Life Irrevocable Insurance Trust %Oppenheimer Funds; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/30/2010)
03/29/201095 Citation to Discover Assets issued as to CNA Trust %Union Bank; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/30/2010)
03/29/201099 Citation to Discover Assets issued as to Trust Consultants, Inc.; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/31/2010)
03/30/2010  Notice of Docket Text or Event Modification re 89 Citation to Discover Assets, 86 Citation to Discover Assets, 88 Citation to Discover Assets, 87 Citation to Discover Assets, - corrected filing dates. (CT, ilcd) (Entered: 03/30/2010)
03/30/2010  Notice of Docket Text or Event Modification re 90 Citation to Discover Assets - Attached signed Citation. (CT, ilcd) (Entered: 03/30/2010)
03/30/201096 Citation to Discover Assets issued as to Harris Trust & Savings Bank; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/30/2010)
03/30/201097 Citation to Discover Assets issued as to Citi Bank FSB; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/30/2010)
03/30/201098 Citation to Discover Assets issued as to Ameritrade; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 03/30/2010)
04/12/2010100 Response of Fidelity Investments to 81 Citation to Discover Assets (CT, ilcd) (Entered: 04/13/2010)
04/15/2010101 Response from Transamerica Occidental Life Insurance Co re 90 Citation to Discover Assets (CT, ilcd) (Entered: 04/15/2010)
04/15/2010102 Response by Citibank FSB re 97 Citation to Discover Assets (CT, ilcd) (Entered: 04/15/2010)
04/19/2010103 Response by Wachovia Corporation/Wells Fargo to 89 Citation to Discover Assets, (CT, ilcd) (Entered: 04/19/2010)
04/19/2010104 Response by CNA Trust c/o Union Bank to 95 Citation to Discover Assets (CT, ilcd) (Entered: 04/19/2010)
04/20/2010105  MOTION to Cancel Citations to Discover Assets Third Party re 93 Citation to Discover Assets, 94 Citation to Discover Assets, by USA as to Manu Shah, Shah Engineering Inc. (Lewis, James) (Entered: 04/20/2010)
04/20/2010106 Citation to Discover Assets issued to Oppenheimer & Co., Inc.; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 04/20/2010)
04/20/2010107 Citation to Discover Assets issued to Oppenheimer & Co., Inc., Attention: Michael Brcic; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 04/20/2010)
04/20/2010  TEXT ORDER by Magistrate Judge Byron Cudmore: Motion to Cancel Citations 105 ALLOWED. (LB, ilcd) (Entered: 04/20/2010)
04/29/2010108 Remark: - Return of service on Third Party Citation re: Punam Shah. (CT, ilcd) (Entered: 04/29/2010)
04/29/2010109 Reply by Wachovia Corporation re 89 Citation to Discover Assets,. (CT, ilcd) (Entered: 04/29/2010)
05/04/2010110  MOTION cancel Citation to Discover Assets Third Party (doc. 89, Wachovia Corp) re 89 Citation to Discover Assets, by USA as to Manu Shah, Shah Engineering Inc. (Lewis, James) (Entered: 05/04/2010)
05/04/2010  TEXT ORDER by Magistrate Judge Byron Cudmore: Motion to Cancel Third Party Citation 110 (Wachovia Corp 89 ) ALLOWED. (LB, ilcd) (Entered: 05/04/2010)
05/04/2010111 Citation to Discover Assets issued as to Wells Fargo Insurance SVC. INC; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 05/04/2010)
05/04/2010112 Citation to Discover Assets issued as to Wells Fargo Advisors; returned to attorney(s) for service. Citation Hearing set for 6/2/2010 02:00 PM in Courtroom 3 in Springfield before Magistrate Judge Byron G. Cudmore. (CT, ilcd) (Entered: 05/04/2010)
05/07/2010113 Response to 98 Citation to Discover Assets by Ameritrade. (CT, ilcd) (Entered: 05/07/2010)
05/12/2010114 Response by Wells Fargo Advisors to Citation to Discover Assets. (CT, ilcd) (Entered: 05/12/2010)
05/17/2010115 Response by West Suburban Ban re 88 Citation to Discover Assets, (CT, ilcd) (Entered: 05/17/2010)
05/24/2010116 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Felony Plea Proceedings as to Shah Engineering Inc held on 2/27/2007, before Judge Byron G. Cudmore. Court Reporter/Transcriber S.F. Capitol Reporting Service. Transcript purchased by: AUSA Patrick Hansen.

IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule.

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 6/17/2010. Redacted Transcript Deadline set for 6/28/2010. Release of Transcript Restriction set for 8/26/2010. (ME, ilcd) (Entered: 05/24/2010)
05/25/2010117 +++ SEALED DOCUMENT. Response (containing identifiers) to Citation to Discover Assets 91 by Phoenix Life Insurance. (ME, ilcd) (Entered: 05/27/2010)
05/28/2010118  MOTION to Continue Hearings on Citations to Discover Assets by USA as to Manu Shah, Shah Engineering Inc. (Lewis, James) (Entered: 05/28/2010)
05/28/2010  TEXT ORDER by Magistrate Judge Byron Cudmore: Government's Motion to Continue Hearings on Citations to Discover Assets 118 ALLOWED. Government to reset citations at its discretion with the Court. (LB, ilcd) (Entered: 05/28/2010)
06/01/2010119 Response to Third Party Respondent Answer to Citation by Wells Fargo Insurance SVC.Inc. (CT, ilcd) (Entered: 06/01/2010)
06/04/2010120 Response Third Party Respondent Answer to Citation Proceedings by Timothy Gallagher re 82 Citation to Discover Assets (CT, ilcd) (Entered: 06/04/2010)
06/04/2010121 Response by Oppenheimer & Co, Inc to Citation. (CT, ilcd) (Entered: 06/04/2010)
06/04/2010122 Response by Harris Trust & Savings Bank re 96 Third Party Respondent Answer to Citation to Discover Assets (CT, ilcd) (Entered: 06/04/2010)
06/07/2010123 Response and Third Party Subpoena Invoice by Pacific Life re 92 Third Party Citation to Discover Assets (ME, ilcd) (Entered: 06/07/2010)
06/17/2010124 Certificate of Service from US Marshals - Third Party Citation returned executed as to Ila Shah. (CT, ilcd) (Entered: 06/17/2010)
06/17/2010125 Certificate of Service - Third Party Citation returned unexecuted on Paras Shah. (CT, ilcd) (Entered: 06/17/2010)
07/02/2010126 NOTICE OF ATTORNEY APPEARANCE on behalf of Interested Parties David Namkung, Pamona Namkung, Punam Shah, Paras Shah, Ila Shah by John E. Partelow. (DM, ilcd) (Entered: 07/02/2010)
07/08/2010127  MOTION to Substitute Attorney, James A. Lewis to be replaced by Eric I. Long, by USA as to Manu Shah, Shah Engineering Inc. (Long, Eric) (Entered: 07/08/2010)
07/08/2010  TEXT ORDER by Magistrate Judge Byron Cudmore: Motion to Substitute Attorney 127 ALLOWED. (LB, ilcd) (Entered: 07/08/2010)
07/29/2010128 Certificate of Service by USA for Citation-Third Party on Pamona Namkung.(CT, ilcd) (Entered: 07/29/2010)
07/29/2010129 Certificate of Service by USA for Citation-Third Party on David Namkung. (CT, ilcd) (Additional attachment(s) added on 7/29/2010: # 1 cert) (CT, ilcd). (Entered: 07/29/2010)
07/29/2010  Notice of Docket Text or Event Modification - Attached corrected Certificate to d/e 129. (CT, ilcd) (Entered: 07/29/2010)
09/28/2010130 NOTICE of Hearing by USA as to Manu Shah, Shah Engineering Inc re 84 Citation to Discover Assets, 85 Citation to Discover Assets, 86 Citation to Discover Assets, 87 Citation to Discover Assets, 83 Citation to Discover Assets (Long, Eric) (Entered: 09/28/2010)
09/28/2010  NOTICE OF HEARING as to Defendants Manu Shah, Shah Engineering Inc. Citation Hearing for citations issued to Ila Shah, Paras Shah, Punam Shah, Pamona Namkung and David Namkung, set Thursday, 10/21/2010, at 4:00 PM before U.S. Magistrate Judge Byron G. Cudmore in Courtroom III, Finley Federal Bldg.,600 E. Monroe, Springfield, IL. (LB, ilcd) (Entered: 09/28/2010)
10/08/2010131 NOTICE from 7th Circuit Court of Appeal of Oral Arguments (CT, ilcd) (Entered: 10/08/2010)
10/12/2010132 Certified and Transmitted Record on Appeal as to Manu Shah, Shah Engineering Inc to US Court of Appeals re 67 Notice of Appeal - Final Judgment (CT, ilcd) (Entered: 10/12/2010)
10/14/2010133 NOTICE from 7th Circuit Court of Appeal for receipt of ROA by Manu Shah, Shah Engineering Inc re 132 Appeal Record Sent to USCA (CT, ilcd) (Entered: 10/14/2010)
10/21/2010134  MOTION to Continue Hearings on Citations to Discover Assets by USA as to Manu Shah, Shah Engineering Inc. (Long, Eric) (Entered: 10/21/2010)
10/21/2010  TEXT ORDER by Magistrate Judge Byron Cudmore: Government's Motion to Continue Citation Hearings 134 ALLOWED. Citation hearings set 10/21/2010 CANCELLED and reset Monday, 11/29/2010, at 4:00 p.m. before Judge Cudmore. (LB, ilcd) (Entered: 10/21/2010)
10/22/2010  TEXT ORDER: Pursuant to instructions from Chief U.S. District Judge Michael P. McCuskey, this case is transferred to U.S. District Judge Richard Mills for all further proceedings due to Judge Scott's unavailability.(MC, ilcd) (Entered: 10/22/2010)
11/10/2010135  MOTION To Supplement Record on Appeal by USA as to Manu Shah, Shah Engineering Inc. (Attachments: # 1 Supplement)(Hartzler, Joseph) (Entered: 11/10/2010)
11/16/2010136 RESPONSE to Motion by Manu Shah as to Manu Shah, Shah Engineering Inc re 135 MOTION To Supplement Record on Appeal SHAH'S RESPONSE TO GOVERNMENT'S MOTION TO SUPPLEMENT RECORD ON APPEAL AND SHAH'S REQUEST TO FURTHER SUPPLEMENT RECORD ON APPEAL (Hoffmann, Howard) (Entered: 11/16/2010)
11/18/2010  TEXT ORDER: The Government is directed to file a Reply to Defendant Manu Shah's Response [d/e 136] on or before November 26, 2010. Entered by Judge Richard Mills on 11/18/2010. (CT, ilcd) (Entered: 11/18/2010)
11/19/2010137 REPLY TO RESPONSE to Motion by USA as to Manu Shah, Shah Engineering Inc re 135 MOTION To Supplement Record on Appeal (Hartzler, Joseph) (Entered: 11/19/2010)
11/29/2010138  MOTION for Leave to File Sur-Response to Government's Reply in Support of Its Motion to Supplement Record on Appeal and Shah's Request to Further Supplement Record on Appeal by Manu Shah as to Manu Shah, Shah Engineering Inc. (Attachments: # 1 Exhibit A (Proposed Filing))(Hoffmann, Howard) (Entered: 11/29/2010)
11/29/2010  TEXT ORDER: For good cause shown, Defendant Shah's Motion for Leave to File Sur-Response 138 is ALLOWED. Entered by Judge Richard Mills on 11/29/10. (ME, ilcd) (Entered: 11/29/2010)
11/29/2010139 REPLY TO RESPONSE to Motion by Manu Shah as to Manu Shah, Shah Engineering Inc re 138 MOTION for Leave to File Sur-Response to Government's Reply in Support of Its Motion to Supplement Record on Appeal and Shah's Request to Further Supplement Record on Appeal SHAH'S SUR-RESPONSE TO GOVERNMENT'S REPLY IN SUPPORT OF ITS MOTION TO SUPPLEMENT THE RECORD ON APPEAL AND SHAH'S REQUEST TO FURTHER SUPPLEMENT THE RECORD ON APPEAL (Hoffmann, Howard) (Entered: 11/29/2010)
11/29/2010  Minute Entry for proceedings held before Magistrate Judge Byron G. Cudmore: Citation to Discover Assets Hearing held on 11/29/2010. AUSA Eric Long present on behalf of the Govt. All matters pertaining to the Citiations to Discover Assets stayed pending conclusion of the pending Notice of Appeal. (Tape #SP-C 4:06 PM.) (ME, ilcd) (Entered: 11/30/2010)
11/30/2010140 ORDER: For good cause shown, the Government's Motion to Supplement the Record [d/e 135] is ALLOWED. The Court DENIES the relief requested by Defendant Manu Shah in his Response [d/e 136]. See written Order. Entered by Judge Richard Mills on 11/30/10. (ME, ilcd) (Entered: 11/30/2010)
11/30/2010141 Certified and Transmitted Supplemental Record on Appeal as to Manu Shah, Shah Engineering Inc to US Court of Appeals re 67 Notice of Appeal sent via email pursuant to Order 140 entered 11/30/2010. (ME, ilcd) (Entered: 11/30/2010)
12/01/2010142 Letter of Transmittal from USCA re 67 Notice of Appeal acknowledging receipt of supplemental record on appeal consisting of 1 volume of pleadings. (ME, ilcd) (Entered: 12/01/2010)
12/01/2010  TEXT ORDER by Magistrate Judge Byron Cudmore: The Government's Motion to Reconsider Stay 143 has been reviewed in full. The Court has also read in full Rule 38(e) of the Federal Rules of Criminal Procedure. The Court respectfully disagrees with the Government's reading of Rule 38(e). Subsection (1) of that Rule allows the District Court or the Court of Appeals to stay a restitution order if a Defendant appeals. Subsection (2) provides the Court with certain remedies to ensure compliance with restitution orders but only applies "after disposition on appeal". This case remains on appeal - the STAY remains in place. Motion 143 is DENIED. (LB, ilcd) (Entered: 12/01/2010)
01/04/2011144 Third Party MOTION to Quash Or Modify Citations Served On Third Party Citation Respondents Ameritrade, Oppenheimer and MISILIT by David Namkung, Pamona Namkung, Punam Shah, Paras Shah, Ila Shah as to Manu Shah, Shah Engineering Inc. (Partelow, John) (Entered: 01/04/2011)
01/05/2011  TEXT ORDER by Magistrate Judge Byron Cudmore: Government to respond to Motion of Third Party Citation Respondents 144 by 2/1/2011. Stay remains in effect per Text Order of 12/1/2010. (LB, ilcd) (Entered: 01/05/2011)
02/01/2011145 RESPONSE to Motion by USA as to Manu Shah, Shah Engineering Inc re 144 Third Party MOTION to Quash Or Modify Citations Served On Third Party Citation Respondents Ameritrade, Oppenheimer and MISILIT (Long, Eric) (Entered: 02/01/2011)
02/03/2011  TEXT ORDER by Magistrate Judge Byron Cudmore: Third Party Respondents Ila Shah, Punam Shah, Paras Shah, Pamona Namkung, and David Namkung are directed to file a reply to Government's Response 145 by 2/15/2011. However, the stay ordered 11/29/2010 remains in effect. (LB, ilcd) (Entered: 02/03/2011)
02/16/2011  TEXT ORDER by Magistrate Judge Byron Cudmore: Court takes Motion of Third Party Citation Respondents to Quash or Modify 144 under advisement until stay is lifted herein. (LB, ilcd) (Entered: 02/16/2011)
02/28/2011146  MOTION to Withdraw as Attorney for Manu Shah and Shah Engineering by Howard M. Hoffmann. by Manu Shah, Shah Engineering Inc. (Hoffmann, Howard) (Entered: 02/28/2011)
02/28/2011  TEXT ORDER by Magistrate Judge Byron Cudmore: Motion to Withdraw Appearance 146 ALLOWED. Attorney Howard M Hoffmann withdrawn as counsel in this cause. (LB, ilcd) (Entered: 02/28/2011)