USA v. Czernek et al

1:20-cr-00551 | Illinois Northern District Court

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Division Chicago
Judge Honorable Matthew F. Kennelly
Filed Aug. 26, 2020
Terminated Feb. 17, 2023
Case Flags AMENDMENT 821, APPEAL, TERMED, and VALDEZ
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Filing Date # Docket Text
2/5/2025Order on Motion to Withdraw as Attorney
2/4/2025Withdraw as Attorney
6/28/2024Order, 1 - Defendant Name
6/28/2024Order on Motion for Order
6/27/2024Order
5/21/2024Order
5/21/2024Order, Order on 821 Amendment Motion
1/30/2024~Util - Set/Reset Motion and R&R Deadlines/Hearings
1/30/2024Order, 1 - Defendant Name
1/30/2024Order on Motion for Order
12/14/2023Order
11/27/2023TRANSCRIPT OF PROCEEDINGS as to Mario Giannini held on November 8, 2022, before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@ilnd.uscourts.gov.

IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (Cox, Carolyn) (Entered: 11/27/2023)
11/27/2023TRANSCRIPT OF PROCEEDINGS as to Mario Giannini held on June 13, 2022, before the Honorable Matthew F. Kennelly. Volume 5. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@ilnd.uscourts.gov.

IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (Cox, Carolyn) (Entered: 11/27/2023)
11/27/2023TRANSCRIPT OF PROCEEDINGS as to Mario Giannini held on June 10, 2022, before the Honorable Matthew F. Kennelly. Volume 4. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@ilnd.uscourts.gov.

IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (Cox, Carolyn) (Entered: 11/27/2023)
11/27/2023TRANSCRIPT OF PROCEEDINGS as to Mario Giannini held on June 9, 2022, before the Honorable Matthew F. Kennelly. Volume 3. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@ilnd.uscourts.gov.

IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (Cox, Carolyn) (Entered: 11/27/2023)
11/27/2023TRANSCRIPT OF PROCEEDINGS as to Mario Giannini held on June 8, 2022, before the Honorable Matthew F. Kennelly. Volume 2. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@ilnd.uscourts.gov.

IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (Cox, Carolyn) (Entered: 11/27/2023)
11/27/2023TRANSCRIPT OF PROCEEDINGS as to Mario Giannini held on June 3, 2022, before the Honorable Matthew F. Kennelly. Volume 1. Order Number: 45048, 43514. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@ilnd.uscourts.gov.

IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.

Redaction Request due 12/18/2023. Redacted Transcript Deadline set for 12/28/2023. Release of Transcript Restriction set for 2/26/2024. (Cox, Carolyn) (Entered: 11/27/2023)
11/20/2023MOTION by Mario Giannini for relief under Amendment 821. (Envelope postmarked 11/14/2023)

(daj, ) (Entered: 11/22/2023)
9/8/2023FINAL ORDER OF FORFEITURE as to Robert Czernek: Signed by the Honorable Matthew F. Kennelly on 9/8/2023. Mailed notice. (mma, ) (Entered: 09/08/2023)
9/8/2023MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek: Government's motion for Final Order of Forfeiture 163 is granted. Final Order of Forfeiture to follow. Mailed notice. (mma, ) (Entered: 09/08/2023)
9/7/2023MOTION by USA for forfeiture as to Robert Czernek Motion for Entry of a Final Order of Forfeiture

(Attachments: # 1 Exhibit A: Process Receipt, # 2 Exhibit B: Declaration of Publication)(Appleby-Bhattacharjee, Saurish) (Entered: 09/07/2023)
7/13/2023FORWARDED certified copy of the Second Amended Judgment (Sentencing Order) to the Docketing Department of the U.S. Attorney's Office and the U.S. District Court's Fiscal Department as to Mario Giannini (daj, ) (Entered: 07/13/2023)
7/13/2023SECOND AMENDED JUDGMENT and Commitment as to Mario Giannini issued to U.S. Marshal via e-mail in PDF format. (daj, ) (Entered: 07/13/2023)
7/13/2023SECOND AMENDED JUDGMENT * Assessment amount changed to $1,400.00 Signed by the Honorable Matthew F. Kennelly on 07/13/2023. Mailed notice (daj, ) (Entered: 07/13/2023)
6/7/2023RETURN of service on the judgment executed on 06/01/2023. (daj, ) (Entered: 06/09/2023)
5/26/2023CITATION to Discover Assets issued as to Security Financial Resources (third party) (no notice) regarding defendant Robert Czernek. (aee, ) (Entered: 05/26/2023)
5/11/2023CITATION to Discover Assets issued as to (3RD PARTY-SECURITY BENEFIT RETIREMENT PLAN SERVICES) (NO NOTICE) regarding defendant Robert Czernek. (aee, ) (Entered: 05/12/2023)
5/10/2023MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: This order corrects docket entry 157 which contained a typographical error. Telephonic motion hearing held on 5/10/2023. Defendant's motion for extension of time 154 is granted as to the extent stated on the record. Defendant's surrender date is extended to 6/1/2023 at 2:00 p.m. Mailed notice. (mma, ) (Entered: 05/10/2023)
5/10/2023MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: Telephonic motion hearing held on 5/10/2023. Defendant's motion for extension of time 154 is granted to the extend stated on the record. Surrender date is extended to 6/1/2023 at 2:00 p.m. Mailed notice. (mma, ) (Entered: 05/10/2023)
5/10/2023MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: Defendant's motion for extension of time 154 is set for a telephonic hearing on 5/10/2023 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, ) (Entered: 05/10/2023)
5/9/2023SEALED Document SUPPLEMENT (Attachments: # 1 Exhibit Medical Records)(Winslow, Heather) (Entered: 05/09/2023)
5/9/2023MOTION by Mario Giannini for extension of time EMERGENCY

(Winslow, Heather) (Entered: 05/09/2023)
5/2/2023CITATION to Discover Assets issued as to Local 705 IBT fund office regarding defendant Robert Czernek. (Third Party) no notice (daj, ) (Entered: 05/02/2023)
4/4/2023MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: Defendant Mario Giannini's unopposed motion for a second extension of his surrender date is granted 150 . The date for Mr. Giannini to surrender to the institution designated by the Bureau of Prisons is extended to 2:00 PM on 5/11/2023. Mailed notice. (mma, ) (Entered: 04/04/2023)
4/3/2023MOTION by Mario Giannini for extension of time (second/unopposed) (Winslow, Heather) (Entered: 04/03/2023)
2/17/2023FORWARDED certified copy of Amended Judgment (Sentencing Order) to the Docketing Department of the U.S. Attorney's Office and the U.S. District Court's Fiscal Department as to Mario Giannini (daj, ) (Entered: 02/17/2023)
2/17/2023AMENDED JUDGMENT and Commitment as to Mario Giannini issued to U.S. Marshal via e-mail in PDF format. (daj, ) (Entered: 02/17/2023)
2/17/2023AMENDED JUDGMENT as to Mario Giannini (3), Count(s) 1-14, The Defendant was found guilty on count(s) one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9), ten (10), eleven (11), twelve (12), thirteen (13), and fourteen (14) after a plea of not guilty. The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of: Sixty (60) months as to counts one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9), ten (10), eleven (11), twelve (12), thirteen (13), and fourteen (14) of the indictment. The terms are to run concurrently. *The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: *before 2:00 pm on 4/11/2023. Upon release from imprisonment, you shall be on supervised release for a term of: One (1) year as to counts one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9), ten (10), eleven (11), twelve (12), thirteen (13), and fourteen (14) of the indictment. Modification of Restitution Order (18 U.S.C. 3664) Criminal Monetary Penalties. Schedule of Payments. Signed by the Honorable Matthew F. Kennelly on 02/17/2023.Mailed certified copy to defendant Mario Giannini's counsel of record Heather L. Winslow. (daj, ) (Entered: 02/17/2023)
2/17/2023FORWARDED certified copy of Judgment (Sentencing Order) with Statement of Reasons to the Docketing Department of the U.S. Attorney's Office and the U.S. District Court's Fiscal Department as to Robert Czernek (daj, ) (Entered: 02/17/2023)
2/17/2023JUDGMENT and Commitment as to Robert Czernek issued to U.S. Marshal via e-mail in PDF format. (daj, ) (Entered: 02/17/2023)
2/17/2023STATEMENT of Reasons as to Robert Czernek (SEALED). Mailed certified copy to defendant Robert Czernek's counsel of record Michael D. Monico. (daj, ) (Entered: 02/17/2023)
2/17/2023JUDGMENT (Sentencing Order) as to Robert Czernek (1), Count(s) 1, The Defendant pleaded guilty to count one (1) of the indictment. Any and all remaining counts are dismissed on the motion of the United States. The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of: Forty-two (42) months as to count one (1) of the indictment. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2:00 pm on 8/15/2023. Upon release from imprisonment, you shall be on supervised release for a term of: One (1) year as to count one (1) of the indictment. Criminal Monetary Penalties. Schedule of Payments., (Preliminary Order of Forfeiture attached) (Terminated defendant Robert Czernek). Signed by the Honorable Virginia M. Kendall on 02/17/2023.Mailed certified copy to defendant Robert Czernek's counsel of record Michael D. Monico. (daj, ) (Entered: 02/17/2023)
2/14/2023MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek: Sentencing hearing held on 2/14/2023. Judgment order to follow. Mailed notice. (mma, ) (Entered: 02/14/2023)
2/9/2023PRELIMINARY ORDER OF FORFEITURE as to Robert Czernek: Signed by the Honorable Matthew F. Kennelly on 2/9/2023. Mailed notice. (mma, ) (Entered: 02/09/2023)
2/9/2023MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek: The government's motion for forfeiture 143 is granted. Enter Preliminary Order of Forfeiture. Mailed notice. (mma, ) (Entered: 02/09/2023)
1/25/2023MOTION by USA for forfeiture as to Robert Czernek Motion for Preliminary Order of Forfeiture (Chung, Ashley) (Entered: 01/25/2023)
1/19/2023MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: Defendant's unopposed motion for extension of time 141 is granted. The defendant's surrender date is extended to 4/11/2023. Mailed notice. (mma, ) (Entered: 01/19/2023)
1/18/2023MOTION by Mario Giannini for extension of time (Unopposed) (Attachments: # 1 Exhibit Letter)(Winslow, Heather) (Entered: 01/18/2023)
1/18/2023MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek: At the Court's instance, the sentencing hearing set for 1/24/2023 is vacated and reset to 2/14/2023 at 11:00 a.m. The hearing will be held in Courtroom 2103. Mailed notice. (mma, ) (Entered: 01/18/2023)
1/17/2023SENTENCING MEMORANDUM as to Robert Czernek, Debra Fazio, Mario Giannini (Attachments: # 1 Notice of Filing, # 2 Exhibit Character Letters)(Spevack, Barry) (Entered: 01/17/2023)
1/10/2023SENTENCING MEMORANDUM as to Robert Czernek (Chung, Ashley) (Entered: 01/10/2023)
12/13/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: Defendant Mario Giannini's motion to proceed on appeal in forma pauperis 136 is granted. Appointment of counsel is (as the Court understands it) up to the Court of Appeals. Defendant should address that aspect of the request to the Court of Appeals. Mailed notice. (mma, ) (Entered: 12/13/2022)
12/12/2022MOTION by Mario Giannini to proceed IFP (Attachments: # 1 Exhibit Financial Affidavit)(Winslow, Heather) (Entered: 12/12/2022)
11/29/2022CIRCUIT rule 3(b) fee notice. (daj, ) (Entered: 11/29/2022)
11/29/2022NOTICE of docketing record on appeal from USCA as to Mario Giannini re notice of appeal 130 . USCA Case Number 22-3139 (daj, ) (Entered: 11/29/2022)
11/29/2022Transmission of short record as to Mario Giannini to US Court of Appeals re notice of appeal 130 (daj, ) (Entered: 11/29/2022)
11/29/2022NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 130 (daj, ) (Entered: 11/29/2022)
11/25/2022DOCKETING statement by Mario Giannini regarding notice of appeal 130 (Winslow, Heather) (Entered: 11/25/2022)
11/25/2022NOTICE OF APPEAL by Mario Giannini Receipt number: y (Winslow, Heather) (Entered: 11/25/2022)
11/14/2022FORWARDED certified copy of Judgment (Sentencing Order) with Statement of Reasons to the Docketing Department of the U.S. Attorney's Office and the U.S. District Court's Fiscal Department as to Mario Giannini (daj, ) (Entered: 11/14/2022)
11/14/2022JUDGMENT and Commitment as to Mario Giannini issued to U.S. Marshal via e-mail in PDF format. (daj, ) (Entered: 11/14/2022)
11/14/2022STATEMENT of Reasons as to Mario Giannini(SEALED). Mailed certified copy to defendant Mario Giannini's counsel of record Heather L. Winslow. (daj, ) (Entered: 11/14/2022)
11/14/2022JUDGMENT (Sentencing Order) as to Mario Giannini (3), Count(s) 1-14, The Defendant was found guilty on count(s) one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9), ten (10), eleven (11), twelve (12), thirteen (13), and fourteen (14) after a plea of not guilty. The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of: Sixty (60) months as to counts one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9), ten (10), eleven (11), twelve (12), thirteen (13), and fourteen (14) of the indictment. The terms are to run concurrently. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2:00 pm on 2/8/2023. Upon release from imprisonment, you shall be on supervised release for a term of: One (1) year as to counts one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9), ten (10), eleven (11), twelve (12), thirteen (13), and fourteen (14) of the indictment. Criminal Monetary Penalties. Schedule of Payments., (Terminated defendant Mario Giannini). Signed by the Honorable Matthew F. Kennelly on 11/14/2022. Mailed certified copy to defendant Mario Giannini's counsel of record Heather L. Winslow. (daj, ) (Entered: 11/14/2022)
11/8/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: In person sentencing hearing held on 11/8/2022. Defendant's motion to substitute counsel 125 is granted. Attorney Susan Pavlow's appearance is withdrawn, and attorney Heather Winslow has leave to file her appearance on behalf of the defendant. The Clerk is directed to terminate attorney Susan Pavlow's appearance from the docket. Judgment order to follow. Mailed notice. (mma, ) (Entered: 11/08/2022)
11/8/2022ATTORNEY Appearance for defendant Mario Giannini by Heather L. Winslow (Winslow, Heather) (Entered: 11/08/2022)
11/8/2022MOTION by Mario Giannini to substitute attorney (Winslow, Heather) (Entered: 11/08/2022)
11/7/2022ORDER as to Mario Giannini: The Court denies defendant Mario Giannini's motion for a judgment of acquittal or for a new trial 99 . Signed by the Honorable Matthew F. Kennelly on 11/7/2022. Mailed notice. (mma, ) (Entered: 11/07/2022)
11/2/2022SUPPLEMENT by Mario Giannini to objection to presentence investigation report 121 (Pavlow, Susan) (Entered: 11/02/2022)
11/2/2022RESPONSE by USA to objection to presentence investigation report 121 (Government's Sentencing Response) (Appleby-Bhattacharjee, Saurish) (Entered: 11/02/2022)
11/2/2022OBJECTION to Presentence Investigation Report by Mario Giannini and sentencing memorandum (Pavlow, Susan) (Entered: 11/02/2022)
10/28/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: At the Court's instance, the in person sentencing hearing set for 1:30 p.m. on 11/8/2022 is pushed back to 2:00 p.m. on that date. This is a time change only. The hearing will be held in Courtroom 2103. Mailed notice. (mma, ) (Entered: 10/28/2022)
10/28/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek: Telephonic motion hearing held on 10/28/2022. Defendant's motion to continue the sentencing 112 is granted. Sentencing hearing set for 11/22/2022 is vacated and reset to 1/24/2023 at 1:30 p.m. The government's sentencing memorandum is due 1/10/2023. Defendant's sentencing memorandum is due 1/17/2023. Mailed notice. (mma, ) (Entered: 10/28/2022)
10/25/2022SENTENCING MEMORANDUM as to Mario Giannini (Appleby-Bhattacharjee, Saurish) (Entered: 10/25/2022)
10/18/2022PRESENTENCE Investigation Report as to Robert Czernek (SEALED) (Attachments: # 1 Supplement Plea Agreement)(Fitzgerald, Josie) (Entered: 10/18/2022)
10/14/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek: At the Court's instance, the telephonic motion hearing set for 10/19/2022 is vacated and reset to 10/28/2022 at 8:40 a.m. The following call-in number will be used: 888-684-8852; access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) (Entered: 10/14/2022)
9/26/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek: Telephonic status hearing held on 9/26/2022. The unopposed motion to continue the sentencing date 112 is entered and continued to 10/19/2022 at 9:10 a.m. The following call-in number will be used: 888-684-8852; access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) (Entered: 09/26/2022)
9/22/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek: At the Court's instance, this case is set for a telephonic status hearing on 9/26/2022 at 9:10 a.m. The following call-in number will be used: 888-684-8852; access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) (Entered: 09/22/2022)
9/21/2022MOTION by Robert Czernek to continue sentencing date (Spevack, Barry) (Entered: 09/21/2022)
9/16/2022REPLY by Mario Giannini to response to motion 107 (Pavlow, Susan) (Entered: 09/16/2022)
9/12/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: Defendant Giannini's motion for a one-week extension of time to file his reply is granted 109 . Mailed notice. (mma, ) (Entered: 09/12/2022)
9/9/2022MOTION by Mario Giannini for extension of time to file reply (Pavlow, Susan) (Entered: 09/09/2022)
8/29/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: The government's unopposed motion for leave to file excess pages 106 is granted. Mailed notice. (mma, ) (Entered: 08/29/2022)
8/26/2022RESPONSE by USA as to Mario Giannini regarding MOTION by Mario Giannini for new trial 99 and renewed motion for judgment of acquittal (Appleby-Bhattacharjee, Saurish) (Entered: 08/26/2022)
8/26/2022MOTION by USA for leave to file brief in excess of fifteen pages as to Mario Giannini (Unopposed) (Appleby-Bhattacharjee, Saurish) (Entered: 08/26/2022)
8/11/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: The agreed motion for extensions of time 104 is granted. The deadline for the government's response to defendant Giannini's post-trial motions is extended to 8/26/2022. The deadline for defendant's reply is extended to 9/9/2022 (this provides for a two week interval for the reply rather than one week as before). The sentencing hearing set for 9/7/2022 is vacated and reset to 11/8/2022 at 1:30 PM. The government's sentencing memorandum is to be filed by 10/25/2022; defendant's sentencing memorandum is to be filed by 11/1/2022. The parties should not expect these deadlines to be extended again. The sentencing hearing in this case will be conducted in person. Mailed notice. (mma, ) (Entered: 08/11/2022)
8/10/2022MOTION by USA for extension of time as to Mario Giannini Parties' Agreed Motion for Extensions of Time in Post-Trial Briefing and Sentencing 97 & 100 (Chung, Ashley) (Entered: 08/10/2022)
8/2/2022PRESENTENCE Investigation Report as to Mario Giannini (SEALED) (Tsinoukas, Angelo) (Entered: 08/02/2022)
8/2/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek: At the request of the parties, this case is set for a sentencing hearing on 11/22/2022 at 1:30 p.m. Case is referred to the Probation Office for preparation of a presentence report. Government's version of the offense is to be submitted by 8/16/2022. Defendant's version of the offense, if any, is to be submitted by 8/23/2022. Presentence report is to be filed by 10/18/2022. The Probation Office is directed to disclose its recommendation to both sides. The defendant's sentencing memorandum is to be filed by 11/8/2022; government's sentencing memorandum is to be filed by 11/15/2022. Defense counsel is directed to file a status report by no later than 11/9/2022 stating whether the sentencing hearing will be held in person or by video. Pursuant to 18 U.S.C. § 3664(d)(1), if restitution is being sought in this case, 60 days prior to the sentencing date, the Government shall provide the Probation Office and the courtroom deputy an electronic standardized spreadsheet (available on the Court's website) with a list of victims and their full current contact information. This list shall include any amounts subject to restitution. If the Government is not able to provide the full victim list 60 days prior to sentencing, they shall file a motion to request an extension of time to compile the information, to the extent permitted by 18 U.S.C. § 3664(d)(5). Mailed notice. (mma, ) (Entered: 08/02/2022)
8/1/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: The government is directed to file a response to defendant Giannini's motion for judgment of acquittal or for a new trial by 8/12/2022. Defendant is directed to file a reply to the response by 8/19/2022. Mailed notice. (mma, ) (Entered: 08/01/2022)
7/29/2022MOTION by Mario Giannini for new trial (Attachments: # 1 Exhibit A)(Pavlow, Susan) (Entered: 07/29/2022)
6/13/2022JURY Verdict as to Mario Giannini (3) guilty on Count 1-14. Verdict form emailed to defendant's counsel of record as to Mario Giannini (RESTRICTED.) (mma, ) (Entered: 06/13/2022)
6/13/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: Jury trial held on 6/13/2022. Jury trial completed and deliberations begin. The Jury finds the defendant, Mario Giannini, guilty as to counts 1 through 14 of the indictment. The government's oral motion to dismiss the forfeiture allegations is granted. The forfeiture allegations are dismissed. Defendant's bond is to stand pending sentencing. Case is referred to the Probation Office for preparation of a presentence report. Sentencing hearing is set for 9/7/2022 at 1:30 p.m. Defendant's post-trial motions are to be filed by 7/29/2022. The government's version is due 6/27/2022. Defendant's version of the offense, if any, is to be submitted by 7/5/2022. Presentence report is to be filed by 8/1/2022. The Probation Office is directed to disclose its recommendation to both sides. The government's sentencing memorandum is to be filed by 8/24/2022; defendant's sentencing memorandum is to be filed by 8/31/2022. Pursuant to 18 U.S.C. § 3664(d)(1), if restitution is being sought in this case, 60 days prior to the sentencing date, the Government shall provide the Probation Office and the courtroom deputy an electronic standardized spreadsheet (available on the Court's website) with a list of victims and their full current contact information. This list shall include any amounts subject to restitution. If the Government is not able to provide the full victim list 60 days prior to sentencing, they shall file a motion to request an extension of time to compile the information, to the extent permitted by 18 U.S.C. § 3664(d)(5). Mailed notice. (mma, ) (Entered: 06/13/2022)
6/13/2022JURY Instructions as to Mario Giannini. (mma, ) (Entered: 06/13/2022)
6/10/2022JUDGMENT OF ACQUITTAL as to Debra Fazio: The Defendant was found not guilty. IT IS ORDERED that the Defendant is acquitted, discharged, and any bond exonerated. Signed by the Honorable Matthew F. Kennelly on 6/10/2022. Mailed notice (jg, ) (Entered: 06/13/2022)
6/10/2022ORDER as to Debra Fazio: Jury trial held on 6/10/2022. Defendant Debra Fazio's oral Rule 29 motion is granted as to the reasons stated on the record. A judgment of acquittal is entered in favor of defendant Debra Fazio on all charges against her. Judgment of acquittal order to follow. Signed by the Honorable Matthew F. Kennelly on 6/10/2022. Mailed notice (jg, ) (Entered: 06/13/2022)
6/10/2022ORAL RULE 29 MOTION by Debra Fazio (jg, ) (Entered: 06/13/2022)
6/10/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: Jury trial held on 6/10/2022. Defendant Mario Giannini's renewed oral motion for a mistrial and oral motion for a remedy are denied as to the reasons stated on the record. Jury trial is continued to 6/13/2022 at 9:00 a.m. Mailed notice. (mma, ) (Entered: 06/10/2022)
6/9/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Debra Fazio, Mario Giannini: Jury trial held on 6/9/2022. Defendant Giannini's oral motion for a mistrial is denied as stated on the record. Evidence entered. Defendant Giannini's supplemental motion for a mistrial is denied as stated on the record. Jury trial is continued to 6/10/2022 at 9:00 a.m. Mailed notice. (mma, ) (Entered: 06/09/2022)
6/8/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Debra Fazio, Mario Giannini: Jury trial held on 6/8/2022. Evidence entered. Jury trial continued to 6/9/2022 at 9:00 a.m. Mailed notice. (mma, ) (Entered: 06/08/2022)
6/7/2022STIPULATION (Forfeiture-Related Trial Stipulation No. 10) (Appleby-Bhattacharjee, Saurish) (Entered: 06/07/2022)
6/7/2022OBJECTION by Mario Giannini to proposed jury instructions 68 (Pavlow, Susan) (Entered: 06/07/2022)
6/3/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Debra Fazio, Mario Giannini: Jury trial begun on 6/3/2022. Voir dire held. Jury trial continued to 6/8/2022 at 9:00 a.m. Mailed notice. (mma, ) (Entered: 06/03/2022)
6/3/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Debra Fazio, Mario Giannini: The government's motion to dismiss count 19 and the related forfeiture allegation is granted 83 . Count 19 (money laundering) and Forfeiture allegation 4(m) are hereby dismissed without prejudice. Mailed notice. (mma, ) (Entered: 06/03/2022)
6/2/2022EXHIBIT List by USA as to Debra Fazio, Mario Giannini (Appleby-Bhattacharjee, Saurish) (Entered: 06/02/2022)
6/1/2022STIPULATION (Trial Stipulation Nos. 1 through 9) (Appleby-Bhattacharjee, Saurish) (Entered: 06/01/2022)
5/31/2022WITNESS List by USA as to Debra Fazio, Mario Giannini (Chung, Ashley) (Entered: 05/31/2022)
5/31/2022MOTION by USA to dismiss as to Debra Fazio (Gov't Motion to Dismiss Count 19 and Related Forfeiture Allegation Pursuant to Fed. R. Crim. P. 48) (Attachments: # 1 Text of Proposed Order)(Appleby-Bhattacharjee, Saurish) (Entered: 05/31/2022)
5/31/2022RESPONSE by USA as to Debra Fazio, Mario Giannini regarding MOTION by Mario Giannini to allow prior convictions of government witness 79 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Appleby-Bhattacharjee, Saurish) (Entered: 05/31/2022)
5/30/2022WITNESS List by Mario Giannini (Pavlow, Susan) (Entered: 05/30/2022)
5/26/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Mario Giannini: The government is directed to file a written response to the defendant's motion to allow prior convictions of government witness 79 by 5/31/2022. Mailed notice. (mma, ) (Entered: 05/26/2022)
5/25/2022MOTION by Mario Giannini to allow prior convictions of government witness (Attachments: # 1 Exhibit A)(Pavlow, Susan) (Entered: 05/25/2022)
5/24/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Debra Fazio, Mario Giannini: In person pretrial conference held on 5/24/2022. Government's motions in limine 61 72 are granted. The government's motion to admit evidence 56 is granted, subject to a review, if the objection gets renewed at the end of the government's case or at some appropriate time. Government's motion in limine to introduce co-defendant Giannini's statements to police 63 is granted, subject to the admonitions in Court. Mailed notice. (mma, ) (Entered: 05/24/2022)
5/24/2022PROPOSED Jury Instructions by Mario Giannini (Pavlow, Susan) (Entered: 05/24/2022)
5/24/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Debra Fazio, Mario Giannini: The in person pretrial conference set for 2:00 p.m. on 5/24/2022 will be held in Courtroom 2103. Mailed notice. (mma, ) (Entered: 05/24/2022)
5/20/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Debra Fazio, Mario Giannini: Telephonic status hearing held on 5/20/2022. The pretrial conference set for 5/24/2022 at 2:00 p.m. will be held in Courtroom 2141. Mailed notice. (mma, ) (Entered: 05/20/2022)
5/19/2022WITNESS List by Mario Giannini (Pavlow, Susan) (Entered: 05/19/2022)
5/19/2022PROPOSED Voir Dire by Mario Giannini (Pavlow, Susan) (Entered: 05/19/2022)
5/19/2022MOTION by USA in limine as to Debra Fazio, Mario Giannini Addendum to Admit Additional Business Records Pursuant to Federal Rules of Evidence 803(6) and 902(11) (Attachments: # 1 Exhibit 12)(Chung, Ashley) (Entered: 05/19/2022)
5/19/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Debra Fazio, Mario Giannini: The in person pretrial conference set for 5/24/2022 at 2:00 p.m. will be held in Courtroom 2141. Mailed notice. (mma, ) (Entered: 05/19/2022)
5/19/2022RESPONSE by Mario Giannini to MOTION by USA to Admit Evidence Pursuant to Fed. R. Evid. 801(d)(2)(E), and Corresponding Evidentiary Proffer as to Debra Fazio, Mario Giannini 56 (Pavlow, Susan) (Entered: 05/19/2022)
5/12/2022EXHIBIT List by USA as to Debra Fazio, Mario Giannini (Appleby-Bhattacharjee, Saurish) (Entered: 05/12/2022)
5/12/2022PROPOSED Jury Instructions by USA as to Debra Fazio, Mario Giannini (Chung, Ashley) (Entered: 05/12/2022)
5/12/2022WITNESS List by USA as to Debra Fazio, Mario Giannini (Chung, Ashley) (Entered: 05/12/2022)
5/12/2022PROPOSED Voir Dire by USA as to Debra Fazio, Mario Giannini (Chung, Ashley) (Entered: 05/12/2022)
5/12/2022 GOVERNMENT'S PROPOSED STATEMENT OF THE CASE by USA as to Debra Fazio, Mario Giannini (Chung, Ashley) (Entered: 05/12/2022)
5/12/2022SEALED Document Exs. 1 & 2 in support of Government's MIL re Giannini's Statements (Dkt. # 63) (Appleby-Bhattacharjee, Saurish) (Entered: 05/12/2022)
5/12/2022MOTION by USA in limine as to Debra Fazio, Mario Giannini to Introduce Co-Defendant Giannini's Statements to Law Enforcement (Attachments: # 1 Exhibit 1 (filed separately under seal), # 2 Exhibit 2 (filed separately under seal))(Appleby-Bhattacharjee, Saurish) (Entered: 05/12/2022)
5/12/2022SEALED Document Exs. 10 & 11 in support of Government's MIL re Business Records (Dkt. # 61) (Appleby-Bhattacharjee, Saurish) (Entered: 05/12/2022)
5/12/2022MOTION by USA in limine as to Debra Fazio, Mario Giannini to Admit Business Records Pursuant to Federal Rules of Evidence 803(6) and 902(11) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10 (filed separately under seal), # 11 Exhibit 11 (filed separately under seal))(Appleby-Bhattacharjee, Saurish) (Entered: 05/12/2022)
5/9/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Debra Fazio, Mario Giannini: Telephonic status hearing held on 5/9/2022. Jury trial is set to start on 6/3/2022 at 9:00 a.m. The deadline for motions in limine and the government's jury submissions is extended to 5/12/2022. Deadline for the responses to motions in limine and the defendants' jury submissions is extended to 5/19/2022. The jury trial walkthrough will take place immediately after the pretrial conference on 5/24/2022. The 5/24/2022 pretrial conference will be held in person. A telephonic status hearing remains set for 5/20/2022 58 . Ordered time excluded through 5/24/2022 due to the need for preparation of motions in limine, pursuant to 18 U.S.C. 3161(h)(1)(D). Mailed notice. (mma, ) (Entered: 05/09/2022)
5/6/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Debra Fazio, Mario Giannini: At the Court's instance, this case is set for a telephonic status hearing on 5/9/2022 at 10:00 a.m. to discuss the trial date. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, ) (Entered: 05/06/2022)
4/19/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Debra Fazio, Mario Giannini: Telephonic status hearing held on 4/19/2022. Defendants' response to the government's Santiago proffer is due 5/10/2022. Motions in limine are to be filed by 5/10/2022, and responses are to be filed by 5/17/2022. The government is directed to submit a proposed statement of the case, proposed voir dire questions, a list of witnesses, and a set of proposed jury instructions by 5/10/2022; defendant is to submit the same materials by 5/17/2022 but need not duplicate any of the government's submissions. A telephonic status hearing is set for 5/20/2022 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. The defendants' appearances are waived for the status hearing. Pretrial conference is set for 5/24/2022 at 2:00 p.m. Ordered time excluded through 5/24/2022 due to the need for preparation of motions in limine, pursuant to 18 U.S.C. 3161(h)(1)(D). Mailed notice. (mma, ) (Entered: 04/19/2022)
4/18/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Debra Fazio, Mario Giannini: The government's motion for leave to file a 28 page Santiago proffer is granted 55 . Mailed notice. (mma, ) (Entered: 04/18/2022)
4/15/2022MOTION by USA to Admit Evidence Pursuant to Fed. R. Evid. 801(d)(2)(E), and Corresponding Evidentiary Proffer as to Debra Fazio, Mario Giannini (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Appleby-Bhattacharjee, Saurish) (Entered: 04/15/2022)
4/15/2022MOTION by USA for leave to file brief in excess of fifteen pages as to Debra Fazio, Mario Giannini (Unopposed) (Appleby-Bhattacharjee, Saurish) (Entered: 04/15/2022)
3/24/2022PLEA Agreement as to Robert Czernek. (mma, ) (Entered: 03/24/2022)
3/24/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek: Change of plea hearing held 3/24/2022. All parties consented to proceed by video for the hearing. The Court finds that the requirements of the CARES Act section 150002 have been met. Defendant withdraws his plea and enters a plea of guilty to count one (1) of the indictment. The Court accepts the defendant's plea and finds the defendant guilty to guilty to count one (1) of the indictment. Enter Plea Agreement. The jury trial set for 5/31/2022 is vacated as to Robert Czernek only. The sentencing hearing will be set a later date. Mailed notice. (mma, ) (Entered: 03/24/2022)
3/21/2022ORDER for Disclosure of Tax Returns and Return Information as to Robert Czernek, Debra Fazio, Mario Giannini: Signed by the Honorable Matthew F. Kennelly on 3/21/2022. Mailed notice. (mma, ) (Entered: 03/21/2022)
3/21/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek, Debra Fazio, Mario Giannini: Government's motion for order 50 is granted. Order for Disclosure of Tax Returns and Return Information to follow. Mailed notice. (mma, ) (Entered: 03/21/2022)
3/18/2022MOTION by USA for order as to Robert Czernek, Debra Fazio, Mario Giannini (Application for Order Pursuant to 26 U.S.C. § 6103(i)(1) Directing IRS to Disclose Tax Returns and Return Information) (Attachments: # 1 Text of Proposed Order)(Appleby-Bhattacharjee, Saurish) (Entered: 03/18/2022)
3/17/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek: Video change of plea hearing scheduled for March 24, 2022 at 1:30 p.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 23200041133##. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) (Entered: 03/17/2022)
3/10/2022STATUS REPORT as to Change of Plea by Robert Czernek (Mitsos, Ryan) (Entered: 03/10/2022)
2/25/2022ORDER for Disclosure of Tax Returns and Return Information at Trial as to Robert Czernek, Debra Fazio, Mario Giannini: Signed by the Honorable Matthew F. Kennelly on 2/25/2022. Mailed notice. (mma, ) (Entered: 02/25/2022)
2/24/2022MOTION by USA for order as to Robert Czernek, Debra Fazio, Mario Giannini (Application for Order to Disclose Tax Returns and Return Information at Trial) (Attachments: # 1 Text of Proposed Order)(Appleby-Bhattacharjee, Saurish) (Entered: 02/24/2022)
2/8/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Debra Fazio, Mario Giannini: Telephonic status hearing held on 2/8/2022. The deadline for the government's Santiago proffer is 4/15/2022. A telephonic status hearing is set for 4/19/2022 at 9:00 a.m. The following call-in number will be used: 888-684-8852, access code 746-1053. Ordered time exclude through 4/19/2022 due to the complexity of the case, pursuant to 18 U.S.C. 3161(h)(7)(B)(iv). Mailed notice. (mma, ) (Entered: 02/08/2022)
2/8/2022MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek: Telephonic status hearing held on 2/8/2022. A change of plea hearing is set for 3/24/2022 at 1:30 p.m. By no later than 3/14/2022, defense counsel is directed to file a status report advising whether the change of plea hearing will be held by video or in person. Ordered time excluded through 3/24/2022 due to the need for further preparation, pursuant to 18 U.S.C. 3161(h)(7)(B)(iv). Mailed notice. (mma, ) (Entered: 02/08/2022)
1/6/2022ATTORNEY Appearance for USA bySaurish Appleby-Bhattacharjee (Appleby-Bhattacharjee, Saurish) (Entered: 01/06/2022)
12/6/2021MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek, Debra Fazio, Mario Giannini: Telephonic status hearing held on 12/6/2021. Government counsel is to provide a draft plea agreement to defense counsel for defendant Roberto Czernek by 12/20/2021. Defendants Debra Fazio and Mario Giannini's motion to continue 41 is granted. Jury trial set for 2/7/2022 is vacated and reset to 5/31/2022 at 9:45 a.m. This is the final continuance. A telephonic status hearing is set for 2/8/2022 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Ordered time excluded through 2/8/2022 due to the need for continuity of counsel and for the cases to remain together, pursuant to 18 U.S.C. 3161(h)(7)(B)(iv). Mailed notice. (mma, ) (Entered: 12/06/2021)
12/5/2021MOTION by Debra Fazio to continue as to Debra Fazio, Mario Giannini (Winslow, Heather) (Entered: 12/05/2021)
10/27/2021MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek, Debra Fazio, Mario Giannini: Telephonic status hearing held on 10/27/2021 and continued to 12/6/2021 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Ordered time excluded through 12/6/2021 due to the complexity of the case, pursuant to 18 U.S.C. 3161(h)(7)(B)(iv). Mailed notice. (mma, ) (Entered: 10/27/2021)
9/14/2021MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek, Debra Fazio, Mario Giannini: Telephonic status hearing held on 9/14/2021 and continued to 10/27/2021 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Ordered time excluded through 10/27/2021 due to the complexity of the case, pursuant to 18 U.S.C. 3161(h)(7)(B)(iv). Mailed notice. (mma, ) (Entered: 09/14/2021)
7/21/2021ATTORNEY Designation for USA of Ashley Aeri Chung (Chung, Ashley) (Entered: 07/21/2021)
7/8/2021MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek, Debra Fazio, Mario Giannini: Telephonic status hearing held on 7/8/2021. The parties reported on the status of discovery. A telephonic status hearing 9/14/2021 at 9:00 a.m. The following call in number will be used for the hearing: 888-684-8852, access code 746-1053. Ordered time excluded through 9/14/2021 due to the complexity of the case, pursuant to 18 U.S.C. 3161(h)(7)(B)(iv). Mailed notice. (mma, ) (Entered: 07/08/2021)
5/27/2021MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek, Debra Fazio, Mario Giannini: Telephonic status hearing held on 5/27/2021. Jury trial set for 8/9/2021 is vacated and reset to 2/7/2022 at 9:45 a.m. A telephonic status hearing is set for 7/8/2021 at 9:30 a.m. The following call in number will be used for the hearing: 888-684-8852, access code 746-1053. The defendants' appearances are waived for the hearing. Ordered time excluded through 2/7/2022 due to the need for continuity of counsel, medical issues involving counsel, and the need for the defendants' cases to remain together, pursuant to 18 U.S.C. 3161(h)(7)(B)(iv). Mailed notice. (mma, ) (Entered: 05/27/2021)
4/29/2021MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek, Debra Fazio, Mario Giannini: Telephonic status hearing held on 4/29/2021 and continued to 5/27/2021 at 8:40 a.m. The following call in number will be used for the hearing: 888-684-8852, access code 746-1053. Defendants' appearances are waived for the hearing. Ordered time excluded through 5/27/2021 due to the complexity of the case, pursuant to 18 U.S.C. 3161(h)(7)(B)(iv). Mailed notice. (mma, ) (Entered: 04/29/2021)
4/5/2021MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek, Debra Fazio, Mario Giannini: At the Court's instance, the telephonic status hearing set for 4/21/2021 is vacated and reset to 4/29/2021 at 9:15 a.m. The following call in number will be used for the hearing: 888-684-8852, access code 746-1053. The defendants' appearances are waived for the hearing. Ordered time excluded through 4/29/2021 due to the complexity of the case, pursuant to 18 U.S.C. 3161(h)(7)(B)(iv). Mailed notice. (mma, ) (Entered: 04/05/2021)
2/10/2021MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek, Debra Fazio, Mario Giannini: Telephonic status hearing held on 2/10/2021 and continued to 4/21/2021 at 1:15 p.m. The following call in number will be used for the hearing: 888-684-8852, access code 746-1053. The defendants' appearances are waived for the hearing. Ordered time excluded through 4/21/2021 due to the complexity of the case, pursuant to 18 U.S.C. 3161(h)(7)(B)(iv). Mailed notice. (mma, ) (Entered: 02/10/2021)
12/8/2020MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek, Debra Fazio, Mario Giannini: Telephonic status hearing held on 12/8/2020. The defendants' motion for extension of time 30 is granted. The deadline for the defendants to file pretrial motions is extended to 2/8/2021. A telephonic status hearing is set for 2/10/2021 at 1:15 p.m. The following call in number will be used for the hearing: 888-684-8852, access code 746-1053. The defendants' appearances are waived for the telephone status hearing, but the defendants may call in if they wish to do so. Ordered time excluded through 2/10/2021 due to the complexity of the case and the need for defense to prepare and file motions, pursuant to 18 U.S.C. 3161(h)(7)(B)(iv). Mailed notice. (mma, ) (Entered: 12/08/2020)
12/3/2020MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek, Debra Fazio, Mario Giannini: Defendants' motion for extension of time to file pretrial motions 30 will be addressed at the telephone status hearing set for 12/8/2020. Mailed notice. (mma, ) (Entered: 12/03/2020)
12/2/2020MOTION by Mario Giannini for extension of time as to Debra Fazio, Mario Giannini (Pavlow, Susan) (Entered: 12/02/2020)
9/18/2020APPEARANCE Bond as to Mario Giannini in the amount of $50,000.00, Unsecured. (lma, ) (Entered: 09/21/2020)
9/18/2020ORDER Setting Conditions of Release as to Mario Giannini in amount of $50,000.00, Unsecured. Signed by the Honorable Matthew F. Kennelly on 9/18/2020. Mailed notice (lma, ) (Entered: 09/21/2020)
9/18/2020ORDER as to Mario Giannini: Arraignment and initial appearance hearing held by video on 9/18/2020. All parties consented to proceed by video for the hearing. The Court finds that the requirements of the CARES Act section 150002 have been met. Defendant waives formal reading and pleads not guilty to all counts in the indictment. Government and defendant agree on certain conditions of release. Defendant is released on bond. Order setting conditions of release to follow. Rule 16.1 conference is to be held by 10/9/2020. Defendant's pretrial motions are to be filed by 12/4/2020. A telephonic status hearing is set for 12/8/2020 at 1:00 p.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. The defendant, Mr. Giannini may also participate in the hearing. Jury trial set for 8/9/2021 at 9:45 a.m. Ordered time excluded through 12/8/2020 for defense counsel to prepare and file motions and for the complexity of the case, pursuant to 18 U.S.C. 3161(h)(1)(D). (X-E) Signed by the Honorable Matthew F. Kennelly on 9/18/2020. Mailed notice (lma, ) (Entered: 09/21/2020)
9/18/2020APPEARANCE Bond as to Debra Fazio in the amount of $ 50,000.00. (rp, ) (Entered: 09/18/2020)
9/18/2020ORDER Setting Conditions of Release as to Debra Fazio in amount of $ 50,000.00 Own Recognizance Signed by the Honorable Matthew F. Kennelly on 9/18/2020. Mailed notice (rp, ) (Entered: 09/18/2020)
9/18/2020ORDER as to Debra Fazio: Arraignment and initial appearance hearing held by video on 9/18/2020. All parties consented to proceed by video for the hearing. The Court finds that the requirements of the CARES Act section 150002 have been met. Defendant waives formal reading and pleads not guilty to all counts in the indictment. Government and defendant agree on certain conditions of release. Defendant is released on bond. Order setting conditions of release to follow. Rule 16.1 conference is to be held by 10/9/2020. Defendant's pretrial motions are to be filed by 12/4/2020. A telephonic status hearing is set for 12/8/2020 at 1:00 p.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. The defendant, Ms. Fazio may also participate in the hearing. Jury trial set for 8/9/2021 at 9:45 a.m. Ordered time excluded through 12/8/2020 for defense counsel to prepare and file motions and for the complexity of the case, pursuant to 18 U.S.C. 3161(h)(1)(D). Signed by the Honorable Matthew F. Kennelly on 9/18/2020. Mailed notice (rp, ) (Entered: 09/18/2020)
9/18/2020ORDER Setting Conditions of Release as to Robert Czernek in amount of $ 50,000. Own Recognizance Signed by the Honorable Matthew F. Kennelly on 9/18/2020. Mailed notice (jn, ) (Entered: 09/18/2020)
9/18/2020UNSECURED Bond as to Robert Czernek in the amount of $ 50,000. (jn, ) (Entered: 09/18/2020)
9/18/2020ORDER as to Robert Czernek: Arraignment and initial appearance hearing held by video on 9/18/2020. All parties consented to proceed by video for the hearing. The Court finds that the requirements of the CARES Act section 150002 have been met. Defendant waives formal reading and pleads not guilty to all counts in the indictment. Government and defendant agree on certain conditions of release. Defendant is released on bond. Order setting conditions of release to follow. Rule 16.1 conference is to be held by 10/9/2020. Defendant's pretrial motions are to be filed by 12/4/2020. A telephonic status hearing is set for 12/8/2020 at 1:00 p.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. The defendant, Mr. Czernek may also participate in the hearing. Jury trial set for 8/9/2021 at 9:45 a.m. Ordered time excluded through 12/8/2020 for defense counsel to prepare and file motions and for the complexity of the case, pursuant to 18 U.S.C. 3161(h)(1)(D). (X-E) Signed by the Honorable Matthew F. Kennelly on 9/18/2020. Mailed notice (jn, ) (Entered: 09/18/2020)
9/18/2020MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek: The defendant, Mr. Czernek is directed to report to the U.S. Marshal's for processing by 3:00 p.m. on 9/22/2020. Mailed notice. (mma, ) (Entered: 09/18/2020)
9/17/2020PRETRIAL Bail Report as to Robert Czernek (SEALED) (Dominguez, Daniel) (Entered: 09/17/2020)
9/17/2020MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek, Debra Fazio, Mario Giannini: Video arraignment hearing scheduled for September 18, 2020 at 10:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 571-353-2300 and the call-in ID is 985611631. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) (Entered: 09/17/2020)
9/16/2020PRETRIAL Bail Report as to Mario Giannini (SEALED) (Rangel, Pedro) (Entered: 09/16/2020)
9/11/2020PRETRIAL Bail Report as to Debra Fazio (SEALED) (Gialanella, Laura) (Entered: 09/11/2020)
9/2/2020STATUS REPORT by Mario Giannini as to Debra Fazio, Mario Giannini (Pavlow, Susan) (Entered: 09/02/2020)
9/2/2020ATTORNEY Appearance for defendant Mario Giannini by Susan M. Pavlow (Pavlow, Susan) (Entered: 09/02/2020)
9/2/2020MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek, Debra Fazio, Mario Giannini: At the Court's instance, the arraignment hearing set for 11:00 a.m. on 9/18/2020 is moved up to 10:00 a.m. on that date. Mailed notice. (mma, ) (Entered: 09/02/2020)
9/1/2020NOTICE of Status Report as toRobert Czernek (Attachments: # 1 Supplement Status Report)(Mitsos, Ryan) (Entered: 09/01/2020)
9/1/2020MINUTE entry before the Honorable Matthew F. Kennelly as to Robert Czernek, Debra Fazio, Mario Giannini: Defense counsel is directed to file a status report by no later than 9/11/2020 stating whether the defendant wishes to have the arraignment held in person or consents to proceeding by video conference. In either event, the status report should also include information regarding the number of other persons (family, friends, etc.) who are likely to want to attend the arraignment hearing. Mailed notice. (mma, ) (Entered: 09/01/2020)
9/1/2020NOTICE of Arraignment as to Robert Czernek, Debra Fazio, Mario Giannini before Honorable Matthew F. Kennelly on 9/18/2020 at 11:00 AM. (lma, ) (Entered: 09/01/2020)
9/1/2020ATTORNEY Appearance for defendant Robert Czernek by Ryan W. Mitsos (Mitsos, Ryan) (Entered: 09/01/2020)
9/1/2020ATTORNEY Appearance for defendant Robert Czernek by Jacqueline Sharon Jacobson (Jacobson, Jacqueline) (Entered: 09/01/2020)
9/1/2020ATTORNEY Appearance for defendant Robert Czernek by Michael D. Monico (Monico, Michael) (Entered: 09/01/2020)
8/28/2020ATTORNEY Appearance for defendant Debra Fazio by Heather L. Winslow (Winslow, Heather) (Entered: 08/28/2020)
8/26/2020MINUTE entry before the Honorable Sheila M. Finnegan as to Robert Czernek, Debra Fazio, Mario Giannini: To set preliminary bail at $50,000 (Unsecured) as to all defendants. Mailed notice (lma, ) (Entered: 08/27/2020)
8/26/2020DESIGNATION Sheet: FELONY (Category 3). (lma, ) (Entered: 08/27/2020)
8/26/2020INDICTMENT as to Robert Czernek (1) count(s) 1-14, Debra Fazio (2) count(s) 1-14, 15-20, Mario Giannini (3) count(s) 1-14 (lma, ) (Entered: 08/27/2020)
7/10/2020ORDER as to Robert Czernek, Debra Fazio, Mario Giannini: Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020. Mailed notice. (lma, ) (Entered: 08/27/2020)