USA v. Scheringer et al.

1:05-cr-00782 | New York Southern District Court

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Division Foley Square
Judge Judge George B. Daniels
Filed July 28, 2005
Terminated Feb. 22, 2011
Case Flags CLOSED, ECF, and PRIOR
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Filing Date # Docket Text
7/30/2024 ORDER re SENTENCE AMENDMENT 821 (MEMORANDUM DECISION AND ORDER) as to Delmer Gowing (2). Defendant Delmer Gowing is ineligible for a sentence reduction under § 4C1.1(a) (6) because he personally caused substantial financial hardship. As a result, Defendant's Motion for Retroactive Application of Amendment 821 is DENIED. The Clerk of Court is directed to close the open motion at ECF No. 152. (Signed by Judge George B. Daniels on 7/30/2024) (See ORDER set forth) (ap)
4/18/2024 ORDER as to Delmer Gowing: The Government's Letter Request (ECF No. 156) to adjourn the deadline to respond to Defendant's Motion for Retroactive Application of Amendment 821 is GRANTED. The deadline is extended from April 17, 2024, to May 1, 2024. SO ORDERED. (Responses due by 5/1/2024) (Signed by Judge George B. Daniels on 4/18/2024) (lnl)
4/18/2024Letter
4/18/2024Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA
3/28/2024 ORDER as to (05-Cr-782-2) Delmer Gowing. The Government is directed to respond to Defendant's Motion for Retroactive Application of Amendment 821 by April 17, 2024. SO ORDERED. ( Responses due by 4/17/2024 )(Signed by Judge George B. Daniels on 3/28/2024) (bw)
5/22/2023ENDORSED LETTER as to Emil Scheringer addressed to Judge George B. Daniels, from Stephanie Scannell-Vessella dated 5/19/2023 re: The Federal Bureau of Prisons writes regarding compassionate release. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 5/22/2023) (ap) (Entered: 05/22/2023)
5/18/2023ORDER as to Emil Scheringer: Defendant moves for compassionate release from BOP custody pursuant to 18 U.S.C. § 3582(c)(l)(A)(i). (ECF No. 140.) Based upon information provided from the BOP, the Government does not oppose Defendant's motion so long as the Defendant is to be directly admitted to a hospice facility in South Florida. (ECF No. 146.) Defendant's motion for compassionate release is GRANTED. If the Defendant is not admitted to hospice upon his release from BOP custody, the Government must be notified immediately in order to assess its agreement with any alternate discharge plan. The Defendant must comply with the terms of his three-year supervised release term as imposed at the time of sentence to the extent that he is physically and mentally capable of compliance. The Clerk of Court is directed to close the open motions at ECF Nos. 140, 143. (Signed by Judge George B. Daniels on 5/18/2023) (ap) (Entered: 05/19/2023)
5/18/2023***DELETED DOCUMENT. Deleted document number 148 ORDER, as to Emil Scheringer. The document was incorrectly filed in this case, as per Chambers via telephone. (ap) (Entered: 05/18/2023)
5/18/2023 LETTER by Emil Scheringer addressed to Judge George B. Daniels from Jillian Tancil re: May 18, 2023 Letter by USA (Tancil, Jillian) (Entered: 05/18/2023)
5/18/2023 LETTER by USA as to Emil Scheringer addressed to Judge George B. Daniels Document filed by USA. (Delligatti, Jaclyn) (Entered: 05/18/2023)
4/28/2023MEMORANDUM in Support by Emil Scheringer re 140 MOTION.. to Reduce Sentence (Attachments: # 1 Exhibit A - Jared Letter of Support, # 2 Exhibit B - Emil Scheringer Medical Records, # 3 Exhibit C - BOP RIS Denial, # 4 Exhibit D - Christi Letter of Support, # 5 Exhibit E - Christi Declaration, # 6 Exhibit F - Donna Letter of Support)(Tancil, Jillian) (Entered: 04/28/2023)
4/28/2023NOTICE OF ATTORNEY APPEARANCE: Jillian Tancil appearing for Emil Scheringer. Appearance Type: Public Defender or Community Defender Appointment. (Tancil, Jillian) (Entered: 04/28/2023)
10/28/2022 LETTER MOTION addressed to Judge George B. Daniels from AUSA Jaclyn Delligatti dated 10/28/22 re: Opposition to Motion for Compassionate Release . Document filed by USA as to Emil Scheringer. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Delligatti, Jaclyn) (Entered: 10/28/2022)
9/14/2022ORDER as to Emil Scheringer. On August 31, 2022, this Court received, by mail, Petitioner's prose motion for reduction of sentence pursuant to 18 U.S.C. § 3582 (c)(1)(A). Petitioner's letter request for assignment of counsel is DENIED. The Government is ordered to respond to Petitioner's pro se motion for reduction of sentence by October 28, 2022 (Government Responses due by 10/28/2022) (Signed by Judge George B. Daniels on 9/14/22)(jw) (Entered: 09/14/2022)
9/9/2022NOTICE OF ATTORNEY APPEARANCE Jaclyn Delligatti appearing for USA. (Delligatti, Jaclyn) (Entered: 09/09/2022)
8/31/2022 MOTION FOR SENTENCE REDUCTION UNDER 18 U.S.C. § 3582(c)(1)(A) (Compassionate Release) (Pro Se Prisoner). Document filed by Emil Scheringer. (ap) (Entered: 08/31/2022)
7/19/2013ORDER denying 138 Motion as to Emil Scheringer (1)Defendant Emil Scheringer, whose conviction after a jury trial was affirmed on appeal, moved prose for an order permitting him, or an attorney, to inspect the minutes of the grand jury or, alternatively, for particulars as to what evidence was presented to it in relation to his indictment. Defendant's motion is DENIED. (Signed by Judge George B. Daniels on 7/19/2013) (jw) (Entered: 07/19/2013)
11/14/2012MOTION For Grand Jury Minutes. Document filed by Emil Scheringer. (dnd) (tro). (Entered: 11/14/2012)
7/3/2012MANDATE of USCA (certified copy) as to Emil Scheringer, Delmer Gowing re: 117 Notice of Appeal - Final Judgment, 133 Notice of Appeal - Final Judgment, USCA Case Number 10-4073(L), 11-683-con. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the judgments of the District Court are AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Issued As Mandate: 07/03/2012. (nd) (Entered: 07/03/2012)
6/22/2011136SEALED DOCUMENT placed in vault. (nm) (Entered: 06/22/2011)
3/24/2011135TRANSCRIPT of Proceedings as to Emil Scheringer held on February 17, 2011 11:05 a.m. before Judge George B. Daniels. (ajc) (Entered: 03/28/2011)
2/22/2011Judgment entered in money judgment book as #11,0331 as to Emil Scheringer in the amount of $ 23946890, re: 132 Judgment. (ml)(bco) (Entered: 02/23/2011)
2/22/2011Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Emil Scheringer re: 102 Endorsed Letter, Set Hearings, 22 Order, 33 Notice of Attorney Appearance - USA, 94 Request to Charge, 100 Endorsed Letter, Set Hearings, 132 Judgment, 39 Endorsed Letter, 14 Endorsed Letter, 84 Endorsed Letter, 12 Endorsed Letter, Set Deadlines/Hearings, 67 Endorsed Letter, 91 Endorsed Letter, 50 Endorsed Letter, Set Deadlines/Hearings, 59 Endorsed Letter, Set Hearings, 9 Indictment, 17 Endorsed Letter, 104 Endorsed Letter, Set Hearings, 101 Endorsed Letter, Set Deadlines/Hearings, 16 Endorsed Letter, 127 Sentencing Memorandum, 129 Order, 68 Notice of Attorney Appearance - USA, 92 Endorsed Letter, 71 Endorsed Letter, Set Hearings, 125 Endorsed Letter, Set Deadlines/Hearings, 73 Indictment, 134 Transcript Request, 58 Endorsed Letter, Set Deadlines/Hearings, 86 Proposed Examination of Jurors, 72 Endorsed Letter, 30 Notice of Attorney Appearance - USA, 76 Endorsed Letter, Set Hearings, 131 Letter, 133 Notice of Appeal - Final Judgment, 114 Endorsed Letter, 19 Indictment, 70 Indictment, 126 Letter, 93 Endorsed Letter, 81 Endorsed Letter, 130 Endorsed Letter, 32 Indictment, 90 Proposed Voir Dire Questions, 66 Endorsed Letter, Set Hearings, 95 Proposed Jury Instructions, 15 Endorsed Letter, 61 Endorsed Letter, Set Hearings, 28 Endorsed Letter, 31 Notice of Attorney Appearance - USA, 13 Endorsed Letter, Set Deadlines/Hearings, 85 Order, 57 Notice of Attorney Appearance - USA, 60 Endorsed Letter, Set Hearings, 79 Notice of Attorney Appearance - Defendant, 20 Endorsed Letter, 113 Endorsed Letter, Set Hearings, 105 Endorsed Letter, Set Hearings, 128 Order, were transmitted to the U.S. Court of Appeals. (tp) (Entered: 02/22/2011)
2/22/2011Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Emil Scheringer to US Court of Appeals re: 133 Notice of Appeal - Final Judgment. (tp) (Entered: 02/22/2011)
2/22/2011JUDGMENT In A Criminal Case (S4-05-Cr-782-01). Date of Imposition of Judgment: 2/17/2011. Defendant Emil Scheringer (1) was found guilty on Count(s) 1ssss, 2ssss-10ssss, and 11ssss, after a plea of not guilty. Count(s) underlying indictments are dismissed on the motion of the United States. IMPRISONMENT: On Count 1ssss, 240 MONTHS to be followed by a mandatory consecutive term of 120 MONTHS; on Counts 2ssss-10ssss, 240 MONTHS to run concurrently to each other and to Count 1ssss; on Count 11ssss, 120 MONTHS to run consecutively to the terms of imprisonment imposed for Counts 1ssss-10ssss; for a Total Punishment of 480 MONTHS. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 YEARS. The above drug testing condition (see page 4 of judgment) is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. The defendant shall cooperate in the collection of DNA as directed by the probation officer. Additional Supervised Release Terms (see page 5 of judgment). ASSESSMENT: $1,100.00, due immediately. RESTITUTION: $23,945,790.00, Name of Payee: See Restitution Order. The court determined that the defendant does not have the ability to pay interest, and it is ordered that: the interest requirement is waived for the restitution. Additional Terms For Criminal Monetary Penalties (see page 7 of judgment). Joint and Several: Restitution shall be paid jointly and severally with Delmar Gowing S4-05-CR-782-02(GBD); Total Amount for Defendant Scheringer is $23,945,790; Joint and Several Amount is $8,910,227. The defendant shall forfeit the defendant's interest in the following property to the United States: See Forfeiture Order - Forfeiture shall be paid jointly and severally with Delmar Gowing S4-05-CR-782-02(GBD); Total Amount for Defendant Scheringer is $23,945,790; Joint and Several Amount is $8,910,227. (Signed by Judge George B. Daniels on 2/18/2011)(bw) (Entered: 02/22/2011)
2/18/2011Letter as to Emil Scheringer, addressed to Judge Daniels, from Scott B. Tulman, atty for dft, dated 2/9/2011, re: seeking a short adjournment of Mr. Scheringer's sentencing currently scheduled for 2/15/2011. I am now actually engaged on trial before the Hon. Robert W. Sweet... I can serve the Gov't with my sentencing memorandum next week. In order to afford the Gov't a fair opportunity to respond to the memorandum, I respectfully request a two week adjournment of sentencing... The Gov't consents to this adjournment. (ja) (Entered: 02/18/2011)
2/18/2011ENDORSED LETTER as to Emil Scheringer, addressed to Judge Daniels, from Lee Renzin, AUSA, dated 2/4/2011, re: Dft Samuel Brantley, testified for the Gov't as a cooperating witness in the trial of U.S. v. Scheringer and Gowing, S4 05 Cr. 785 (GBD), is scheduled to be sentenced on 2/17/2011. Emil Scheringer is not scheduled to be sentenced until 2/15/2011,.... request that the Court adjourn Mr. Brantley's sentencing to a date two months after February 15, which will provide sufficient time for preparation of PSR and presentencing submissions by the parties. -- Judge endorsed: SO ORDERED. The sentencing is adjourned to 4/14/2011 at 10 a.m. (Signed by Judge George B. Daniels on 2/18/2011)(ja) (Entered: 02/18/2011)
2/18/2011ORDER OF FORFEITURE as to Emil Scheringer. On or about 6/2/2009, EMIL SCHERINGER (the dft), among others, was charged in an eleven-count Superseding Indictment S4 05 Cr. 782 (GBD), with, conspiracy to commit wire fraud.... The Indictment included a forfeiture allegation..., including but not limited to at least approximately $10 million in U.S. currency, in that such sum in aggregate is property representing the amount of proceeds obtained as a result of the wire fraud offenses, for which the dfts are jointly and severally liable;... NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1) As a result of the offenses charged in Counts One through Ten of the Indictment, to which the dft was found guilty at trial, a Judgment in the amount of $23,945,790 shall and hereby is entered against the dft.... 7) The Clerk of the Court shall forward two certified copies of this Order to AUSA Sharon Cohen Levin. (Signed by Judge George B. Daniels on 2/18/2011) The Clerks Office Has Mailed Copies. (ja) (Entered: 02/18/2011)
2/18/2011RESTITUTION ORDER as to Emil Scheringer. WHEREAS, EMIL SCHERINGER, the dft, was sentenced on 2/17/2011; the Court ruled that dft should be ordered to pay restitution; IT IS ORDERED that the dft EMIL SCHERINGER pay the following individuals the amounts as listed herein this Restitution Order... IT IS FURTHER ORDERED this restitution be, and hereby is, joint and several with co-dft DELMER GOWING, who is subject to a restitution order separately imposed in connection with this case, which provides for payment of restitution in the amount of $8,910,227; IT IS FURTHER ORDERED that, while on supervised release and as a condition of supervised release, dft EMIL SCHERINGER shall pay 15% of his gross monthly income towards the restitution obligation; IT IS FURTHER ORDERED that any restitution amount remaining unpaid after the term of supervised release ends shall be collectible by the Gov't for a period of twenty years,... IT IS FURTHER ORDERED that the Clerk of the Court shall append a copy of this Order to the Judgment of dft EMIL SCHERINGER. SO ORDERED. (Signed by Judge George B. Daniels on 2/18/2011)(ja) (Entered: 02/18/2011)
2/17/2011TRANSCRIPT REQUEST by Emil Scheringer for proceedings held on 2/17/11 before Judge George B. Daniels. (tp) (Entered: 02/22/2011)
2/17/2011Appeal Remark as to Emil Scheringer re: 133 Notice of Appeal - Final Judgment. ATTORNEY CJA. (tp) (Entered: 02/22/2011)
2/17/2011NOTICE OF APPEAL by Emil Scheringer from 132 Judgment.(tp) (Entered: 02/22/2011)
2/17/2011DISMISSAL OF COUNTS on Government Motion as to Emil Scheringer (1) Count 1,1s,1ss,1sss,2-5,2s-5s,2ss-10ss,2sss-10sss. (bw) (Entered: 02/22/2011)
2/17/2011Minute Entry for proceedings held before Judge George B. Daniels: Sentencing held on 2/17/2011 for Emil Scheringer (1) Count 1ssss,2ssss-10ssss,11ssss. Defendant present with defense counsel. AUSA present. Court reporter present. Defendant sentenced as follows: On Count 1, 240 MONTHS to be followed by a mandatory consecutive term of 120 MONTHS; on Counts 2-10, 240 MONTHS to run concurrently to each other and to Count 1; on Count 11, 120 MONTHS to run consecutively to the terms of imprisonment imposed for Counts 1-10; for a Total Punishment of 480 MONTHS. 3 YEARS of supervised release. (bw) Modified on 2/23/2011 (ab). (Entered: 02/22/2011)
2/16/2011SENTENCING MEMORANDUM by Emil Scheringer. (Attachments: # 1 Exhibit Defendant Letter, # 2 Exhibit Greene Letter, # 3 Exhibit Son Letter, # 4 Exhibit Daughter Letter)(Tulman, Scott) (Entered: 02/16/2011)
2/14/2011Letter by Emil Scheringer addressed to Judge George B. Daniels from Attorney Scott B. Tulman dated February 9, 2011 re: I am the attorney for Emil Scheringer in the above matter. Mr. Scheringer is scheduled to be sentenced on February 15, 2011. I am constrained to seek a short adjournment of Mr. Scheringer's sentence. (bw) (Entered: 02/14/2011)
2/14/2011ENDORSED LETTER as to Emil Scheringer addressed to Judge George B. Daniels from Attorney Scott B. Tulman dated February 14, 2011 re: submitted to request a short adjournment of Mr. Emil Scheringer's sentencing, currently scheduled for tomorrow. ENDORSEMENT: The conference is adjourned to February 17, 2011 at 10:00 a.m. So Ordered. (Signed by Judge George B. Daniels on 2/14/2011)(bw) (Entered: 02/14/2011)
12/14/2010RESTITUTION ORDER as to Delmer Gowing. IT IS FURTHER ORDERED that this restitution be, and hereby is, joint and several with any order of restitution that may be imposed on co-defendant EMIL SCHERINGER in connection withthis case, and that defendant DELMER GOWING shall only receive credit for payments made by SCHERINGER at such time as when GOWING's balance equals that of the total outstanding debt balance; IT IS FURTHER ORDERED that, while on supervised release and as a condition of supervised release, defendant DELMER GOWING shall pay 15% of his gross monthly income towards the restitution obligation; IT IS FURTHER ORDERED that any restitution amount remaining unpaid after the term of supervised release ends shall be collectible by the Government for a period of twenty years, pursuant to Title 18, US Code, Section 3664(m)(1)(A) and 3613(b). IT IS FURTHER ORDERED that the Clerk of the Court shall append a copy of this Order to the October 12, 2010 Amended Judgment of defendant DELMER GOWING and that this Order shall be deemed to constitute an amendment to the previously entered Amended Judgment. SO ORDERED. (Signed by Judge George B. Daniels on 12/14/10)(jw) (Entered: 12/14/2010)
12/1/2010123TRANSCRIPT of Proceedings as to Emil Scheringer held on 11/9/2010 before Judge George B. Daniels. (mbe) (Entered: 12/01/2010)
11/23/2010122NOTICE OF ATTORNEY APPEARANCE: Scott B. Tulman appearing for (05-Cr-782-01) Emil Scheringer. (bw) (Entered: 11/24/2010)
11/10/2010120TRANSCRIPT of Proceedings as to Delmer Gowing held on October 6, 2010 11:38 a.m. before Judge George B. Daniels. (ajc) (Entered: 11/10/2010)
11/9/2010ORAL ORDER as to Emil Scheringer (1). Sentencing set for 2/15/2011 at 10:00 AM before Judge George B. Daniels. (bw) (Entered: 11/15/2010)
11/9/2010Minute Entry for proceedings held before Judge George B. Daniels: Status Conference (Sentencing) as to Emil Scheringer (1) held on 11/9/2010. Defendant present with defense counsel. AUSA present. Court reporter present. Sentencing adjourned to 02/15/2011 at 10:00 am. (bw) (Entered: 11/15/2010)
10/19/2010 Forwarded Two certified copies of 119 Order of Forfeiture, to Assistant U.S. Attorney, Sharon Cohen Levin, One St. Andrew's Plaza, New York, NY 10007. as to Delmer Gowing. (eef) (Entered: 10/19/2010)
10/15/2010ORDER OF FORFEITURE as to Delmer Gowing. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED 1. As a result of the offense charged in Count One of the Indictment, to which the defendant was found guilty at trial,a Judgment in the amount of $8,910,227 shall and hereby is entered the defendant 2. Pursuant to Rule 32.2{b) (4) (A) of the Federal Rules of Criminal Procedure, this Order of Forfeiture is final as to the defendant, DELMER GOWING, and is deemed part of the sentence of the defendant and shall be included in the judgment of conviction therewith. 3. Upon execution of this Order of Forfeiture, and pursuant to 21 U.S.C. § 853, the United States Marshals Service shall be authorized to deposit the payments on the Judgment in the Assets Forfeiture Fund, and the United States shall have clear title to such forfeited property. 4. Pursuant to Rule 32.2(b) (3) of the Federal Rules of Criminal Procedure, upon entry of this Order of Forfeiture the United States Attorney's Office is authorized to conduct any discovery needed to identify, locate or dispose of the property, including depositions, interrogatories, requests for production of documents and to issue subpoenas, pursuant to Rule 45 of the Federal Rules of Civil Procedure. S. All payments on the outstanding judgment shall be made by Postal money order, bank or certified check,made payable, in this instance to the "United States Marshal Service," and delivered by mail to the United states Attorney's Office, Southern District of New York, Attn: Asset Forfeiture Unit, One St. Andrews Plaza, New York, New York 10007, and shall indicate the defendant's name and case number.6. The Court shall retain jurisdiction to enforce this Order, and to amend it as necessary, pursuant to Fed. R. Crim. P. 32.2(e). (Signed by Judge George B. Daniels on 10/15/2010)(jw) (Entered: 10/15/2010)
10/12/2010AMENDED JUDGMENT (Correction of Sentence for Clerical Mistake) as to Delmer Gowing (2), Count(s) 1, 1s, 1ss, Dismissed; Count(s) 1sss, Imprisonment: 240 Months for Count 1 to be followed by a consecutive term of 24 MONTHS for the enhancement pursuant to *U.S.S.G. § 3C1.3,* for a total of 264 MONTHS. Supervised Release: 3 Years. Special Assessment of $100 which is due immediately. (Signed by Judge George B. Daniels on 10/12/2010)(jw) (Entered: 10/12/2010)
10/12/2010Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Delmer Gowing re: 73 Indictment, 102 Endorsed Letter, Set Hearings,,,, 32 Indictment, 31 Notice of Attorney Appearance - USA, 57 Notice of Attorney Appearance - USA, 95 Proposed Jury Instructions, 70 Indictment, 110 Sentencing Memorandum, 101 Endorsed Letter, Set Deadlines/Hearings,,,, 59 Endorsed Letter, Set Hearings,, 69 Notice of Attorney Appearance - USA, 104 Endorsed Letter, Set Hearings,, 50 Endorsed Letter, Set Deadlines/Hearings,, 91 Endorsed Letter,, 92 Endorsed Letter,, 46 Endorsed Letter, 93 Endorsed Letter,, 60 Endorsed Letter, Set Hearings,,,,,, 19 Indictment, 86 Proposed Examination of Jurors, 107 Endorsed Letter, Set Deadlines/Hearings,, 30 Notice of Attorney Appearance - USA, 58 Endorsed Letter, Set Deadlines/Hearings,,,, 43 Order, 71 Endorsed Letter, Set Hearings,,,,,,,,,,,, 76 Endorsed Letter, Set Hearings,, 94 Request to Charge, 37 Endorsed Letter,, 33 Notice of Attorney Appearance - USA, 103 Endorsed Letter, Set Hearings,, 115 Sentencing Memorandum, 113 Endorsed Letter, Set Hearings,, 36 Order, 117 Notice of Appeal - Final Judgment, 72 Endorsed Letter,, 63 Notice of Change of Address, 20 Endorsed Letter, 116 Judgment,,,, 44 Endorsed Letter, 29 Endorsed Letter, Set Deadlines/Hearings,, 62 Endorsed Letter, Set Hearings,,,,,,,, 39 Endorsed Letter, 111 Response were transmitted to the U.S. Court of Appeals. (nd) (Entered: 10/12/2010)
10/12/2010Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Delmer Gowing to US Court of Appeals re: 117 Notice of Appeal - Final Judgment. (nd) (Entered: 10/12/2010)
10/12/2010NOTICE OF APPEAL by Delmer Gowing from 116 Judgment. (nd) (Entered: 10/12/2010)
10/8/2010Judgment entered in money judgment book as #10,1761 as to Delmer Gowing in the amount of $ 100.00, re: 116 Judgment. (dt) (Entered: 10/13/2010)
10/8/2010JUDGMENT as to Delmer Gowing (2), Count(s) 1, 1s, 1ss, Dismissed; Count(s) 1sss, Imprisonment: 240 Months for Count 1 to be followed by a consecutive term of 24 MONTHS for the enhancement pursuant to U.S.S.G. § 2Bl.l(b)(9)(B), for a total of 264 MONTHS. Supervised Release: 3 Years. The defendant is remanded to the custody of the United States Marshal. The mandatory drug testing condition is suspended due to imposition of a special condition requiring drug treatment and testing. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. The defendant shall cooperate in the collection of DNA as directed by the probation officer. The defendant is to adhere to the Special Conditions of Supervision as indicated on page 4 of this document. The defendant is to pay an assessment fee of $100.00 as a lump sum payment due immediately. The determination of restitution is deferred but shall not exceed $9,000,000.00. (Signed by Judge George B. Daniels on 10/8/2010)(dnd) (Entered: 10/08/2010)
10/8/2010DISMISSAL OF COUNTS on Government Motion as to Delmer Gowing (2) Count 1,1s,1ss. (dnd) (Entered: 10/08/2010)
10/6/2010Minute Entry for proceedings held before Judge George B. Daniels:Sentencing held on 10/6/2010 for Delmer Gowing (2) Count 1sss. (dnd) (Entered: 10/08/2010)
10/6/2010Minute Entry for proceedings held before Judge George B. Daniels:Sentencing Conference as to Delmer Gowing held on 10/6/2010. Defendant present with defense counsel. AUSAs present. Court reporter present. Defendant sentenced to 240 MONTHS for Count 1 to be followed by a consecutive term of 24 MONTHS for the enhancement pursuant to U.S.S.G. § 2B1.1(b)(9)(B), for a total of 264 MONTHS. (jw) (Entered: 10/08/2010)
9/30/2010SENTENCING MEMORANDUM by Delmer Gowing. (Attachments: # 1 Exhibit parties loss calculations to date, # 2 Exhibit Merkle indictment, # 3 Exhibit Government's post-January 2004 loss figures attributable to defendant Gowing, # 4 Exhibit Merkle losses)(Kluger, Matthew) (Entered: 09/30/2010)
9/21/2010ENDORSED LETTER: As to Emil Scheringer addressed to Judge George B. Daniels from Scott B. Tulman dated 9/20/2010. re: Defense counsel respectfully seeks this Court's authorization ex parte to retain the services of an experienced investigator to assist the defense in the investigation of this case in preparation for sentencing and/or post verdict motions. This case is presently scheduled for sentencing on November 9, 2010. I respectfully request that the Court authorize counsel to retain an investigator, provided that the services to be rendered shall not exceed the sum of$2,550.00 ($85 x 30 hours), without further authorization by the Court. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 9/21/2010)(dnd) (Entered: 09/21/2010)
9/7/2010ORAL ORDER as to (05-Cr-782-02) Delmer Gowing. Sentencing set for 10/6/2010 at 10:00 AM before Judge George B. Daniels. (bw) (Entered: 09/14/2010)
9/7/2010Minute Entry for proceedings held before Judge George B. Daniels: Status Conference (Sentencing) as to (05-Cr-782-02) Delmer Gowing held on 9/7/2010. Defendant present with defense counsel. AUSAs present. Court reporter present. Sentencing adjourned to October 6, 2010 at 10 a.m. (bw) (Entered: 09/14/2010)
8/26/2010ENDORSED LETTER: As to Emil Scheringer, Delmer Gowing addressed to Judge George B. Daniels from Seetha Ramachandran dated 8/25/2010. re: The Government writes to request that the sentencing scheduled for August 26, 2010 be adjourned to a date after November 9, 2010, for the reasons described in this letter. ENDORSEMENT: The conference is adjourned to November 18, 2010 at 10:00 a.m. SO ORDERED. (Signed by Judge George B. Daniels on 8/26/2010)(dnd) (Entered: 08/26/2010)
8/12/2010112TRANSCRIPT of Proceedings as to Delmer Gowing held on 8/3/2010 before Judge George B. Daniels. (jw) (Entered: 08/12/2010)
8/1/2010FIRST RESPONSE by Delmer Gowing re: 110 Sentencing Memorandum filed by USA. (Kluger, Matthew) (Entered: 08/01/2010)
7/28/2010SENTENCING MEMORANDUM by USA as to Delmer Gowing. (Attachments: # 1 Exhibit Victim Losses)(Ramachandran, Seetha) (Entered: 07/28/2010)
7/19/2010109SEALED DOCUMENT placed in vault. (nm) (Entered: 07/19/2010)
7/9/2010108SEALED DOCUMENT placed in vault. (cb) (Entered: 07/09/2010)
7/1/2010ENDORSED LETTER as to Delmer Gowing, addressed to Judge Daniels, from Matthew J. Kluger, atty for dft, dated 6/30/2010, re: request that the scheduled sentencing of 7/8/2010 at 10 a.m. be adjourned to either the last week in July or the first week in August. -- Judge endorsed: SO ORDERED. (Sentencing is adjourned to 8/3/2010 at 10:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 7/1/2010)(ja) (Entered: 07/01/2010)
6/8/2010106TRANSCRIPT of Proceedings (Conference) as to Emil Scheringer held on April 28, 2010 10:25 a.m. before Judge George B. Daniels. (bw) (Entered: 06/09/2010)
5/28/2010ENDORSED LETTER as to Emil Scheringer addressed to Judge George B Daniels from Scott B. Tulman dated 5/26/2010 re: Counsel writes to request that the sentencing in this matter be adjourned to a date in late October, 2010. Endorsed: So Ordered. The sentencing is adjourned to 11/9/2010 at 10:00 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 5/28/2010)(ab) (Entered: 05/28/2010)
5/13/2010ENDORSED LETTER as to Emil Scheringer, Delmer Gowing addressed to Judge George B. Daniels from Nicholas A. Lotito dated 5/12/2010. re: Defense counsel writes to request that the sentencing in this matter scheduled for May 13, 2010 be adjourned to August 26, or 27, 2010. ENDORSEMENT: The sentencing is adjourned to August 26, 2010 at 10:00 a.m. SO ORDERED. (Signed by Judge George B. Daniels on 5/13/2010)(dnd) (Entered: 05/13/2010)
4/28/2010121CJA 20 as to Emil Scheringer: Appointment of Attorney Scott B. Tulman for Emil Scheringer. (Signed by Judge George B. Daniels on 11/15/10) CJA Office has mailed the original and sent a copy to the file. (sac) (Entered: 11/23/2010)
4/28/2010ENDORSED LETTER as to Delmer Gowing addressed to Judge Daniels from Attorney Matthew J. Kluger dated April 26, 2010 re: submitted to request that sentencing in this matter be adjourned, currently scheduled for April 28, 2010 at 9:45 a.m. ENDORSEMENT: So Ordered. The sentencing is adjourned to July 8, 2010 at 10:00 a.m. (Signed by Judge George B. Daniels on 4/28/2010)(bw) (Entered: 04/28/2010)
3/2/2010ENDORSED LETTER: As to Emil Scheringer, Delmer Gowing addressed to Judge George B. Daniels from Seetha Ramachandran dated 3/1/2010 re: The Government writes to request an adjournment of sentencing in this matter, which is currently set for April 1, 2010. AUSA Lee Renzin is scheduled to begin a trial before the Honorable Shira A. Scheindlin on March 22, 2010 that will last approximately two weeks. We respectfully request that the Court select a date after April 15, 2010. Counsel for both defendants have consented to this request. ENDORSEMENT: The sentencing is adjourned to April 28, 2010 at 9:45 a.m.SO ORDERED. (Signed by Judge George B. Daniels on 3/2/2010)(dnd) (Entered: 03/02/2010)
1/12/2010ENDORSED LETTER as to Emil Scheringer, Delmer Gowing, addressed to Judge Daniels, from Seetha Ramachandran, AUSA, dated 1/11/2010, re:.... After Mr. Brantley's sentencing was scheduled, the sentence date for trial dfts Emil Scheringer and Delmer Gowing was adjourned to April 1, 2010. Accordingly, the Gov't requests that the Court adjourn Mr. Brantley's sentencing to a date after April 1, 2010. -- Judge endorsed: SO ORDERED. (Conference set for 4/8/2010 at 10:00 AM before Judge George B. Daniels.)(Also filed as doc. #15 in 07cr650.) (Signed by Judge George B. Daniels on 1/12/2010)(ja) (Entered: 01/28/2010)
1/11/2010ENDORSED LETTER: As to Emil Scheringer addressed to Judge George B. Daniels from Michael Sporn dated 1/11/2010 re: Defense counsel writes to request that the sentencing scheduled for January 14, 2010 be adjourned until April 1, 2010. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 1/11/2010)(dnd) (Entered: 01/11/2010)
10/6/200999TRANSCRIPT of Proceedings as to Emil Scheringer held on September 8, 9, 10, 11, 2009 before Judge George B. Daniels. (eef) (Entered: 10/13/2009)
10/6/200998TRANSCRIPT of Proceedings as to Emil Scheringer held on September 18, 21, 2009 before Judge George B. Daniels. (eef) (Entered: 10/13/2009)
10/6/200997TRANSCRIPT of Proceedings as to Emil Scheringer held on September 14, 15, 16, 17, 2009 before Judge George B. Daniels. (eef) (Entered: 10/13/2009)
10/6/200996TRANSCRIPT of Proceedings as to Emil Scheringer held on August 31 and September 1, 2, 3, 4, 2009 before Judge George B. Daniels. (eef) (Entered: 10/13/2009)
9/21/2009JURY VERDICT as to Delmer Gowing (2) Guilty on Count 1sss. (bw) (Entered: 09/23/2009)
9/21/2009JURY VERDICT as to Emil Scheringer (1) Guilty on Count 1ssss,2ssss-10ssss,11ssss. (bw) (Entered: 09/23/2009)
9/21/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/21/2009. Defendants appeared with counsel Sporn and Kluger. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for conference. Trial scheduled to begin on 9/21/09 at 9:45 a.m. L. Renzin presented summation for the Government, M. Sporn for Mr. Scheringer, M. Kluger for Mr. Gowing. The jury began deliberations at 4:15 p.m. Jury verdict reached at 5:45pm- guilty for both defendants on all counts. Sentencing scheduled for Jan. 14th, 2009. (bw) (Entered: 09/23/2009)
9/18/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/18/2009. Defendants appeared with counsel Sporn and Kluger. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. Trial continued on 9/18/09 at 9:45am. Cross examination of Richard Cinamo by M.Sporn and M. Sporn, and re-direct by L. Renzin. Trial adjourns at 12:25 p.m. (bw) (Entered: 09/23/2009)
9/17/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/17/2009. Defendants appeared with counsel Sporn and Kluger. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. Trial continued on 9/17/09 at 10:20 a.m. Cross-examination of Dr. Kleinman by M. Sporn, re-direct by Seetha Ramachandran. Cross examination of Richard Cinamo by M. Sporn. Trial adjorns at 5:00 p.m. (bw) (Entered: 09/23/2009)
9/16/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/16/2009. Defendants appeared with counsel Sporn and Kluger. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. Trial continued on 9/16/09 at 10:09am. Direct examination of Richard Cinamo by L.Renzin. Direct examination of Dr. Jethro Toomer by M.Sporn, M. Kluger, cross examination by S. Ramachandran, redirected by M.Sporn. Direct examination of Dr. Kleinman by S. Ramachandran, cross examined by M. Sporn The trial adjourned at 5:20 p.m. (bw) (Entered: 09/23/2009)
9/15/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/15/2009. Defendants appeared with counsel Sporn and Kluger. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. Trial continued on 9/15/09 at 10:09am. Jeffrey Obici was directly examined by L. Renzin, cross examined by M. Sporn and M. Kluger. Obici was re-directed by L. Renzin and re-crossed by M. Sporn and M. Kluger and re-crossed by L. Renzin, M. Sporn. Direct examination of Chris Krebes by S. Ramachandran, cross examination by M. Sporn, and M. Kluger. Direct examination of Richard Cinamo by L. Renzin. The trial adjourned at 5:20 p.m. (bw) (Entered: 09/23/2009)
9/14/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/14/2009. Defendants appeared with counsel. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. 15 jurors were present. (bw) (Entered: 09/23/2009)
9/12/2009Proposed Jury Instructions by USA as to Emil Scheringer, Delmer Gowing. (Renzin, Lee) (Entered: 09/12/2009)
9/11/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/11/2009. Defendants appeared with counsel. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. 15 jurors were present. (bw) (Entered: 09/23/2009)
9/10/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/10/2009. Defendants appeared with counsel. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. 15 jurors were present. (bw) (Entered: 09/23/2009)
9/9/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/9/2009. Defendants appeared with counsel. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. 15 jurors were present. (bw) (Entered: 09/23/2009)
9/8/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/8/2009. Defendants appeared with counsel. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. 15 jurors were present. (bw) (Entered: 09/23/2009)
9/8/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/8/2009. Defendant Scheringer appeared with counsel, Michael H. Sporn, and defendant Gowing appeared with counsel Matthew Kluger. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. Direct testimony of Geegee Morgan Beatty concluded. Cross-examination of G. Morgan Beatty by M. Sporn and M. Kluger began and concluded. Direct examination of Frank Facciolla by the government began and concluded. Cross-examination and re-direct examination of F. Facciolla began and concluded. Trial recessed until 9/9/09 at 9:45 a.m. (bw) (Entered: 09/11/2009)
9/7/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/7/2009. Defendants appeared with counsel. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. 15 jurors were present. (bw) (Entered: 09/23/2009)
9/4/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/4/2009. Defendants appeared with counsel. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. 15 jurors were present. (bw) (Entered: 09/23/2009)
9/3/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/3/2009. Defendants appeared with counsel. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. 15 jurors were present. (bw) (Entered: 09/23/2009)
9/3/2009Minute Entry for proceedings held before Judge George B. Daniels:Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/3/2009. Dft Scheringer appeared with counsel, Michael H. Sporn, and dft Gowing appeared with counsel Matthew Kluger, AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Gov't for trial. Direct testimony of Sundays Hunt began and ended. Cross-examination of S. Hunt by M. Sporn and M. Kluger concluded. Direct testimony of Billie Hunt began and ended. Cross-examination of B. Hunt by M. Sporn and M. Kluger concluded. Direct examinantion of Gigi Morgan Beatty began. Trial recessed until 9/4/09 at 9:45. (ja) (Entered: 09/16/2009)
9/3/2009Request To Charge by Emil Scheringer as to Emil Scheringer, Delmer Gowing. (Greenwood, Emma) (Entered: 09/03/2009)
9/2/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/2/2009. Defendants appeared with counsel. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. 15 jurors were present. (bw) (Entered: 09/23/2009)
9/1/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Trial as to Emil Scheringer, Delmer Gowing held on 9/1/2009. Defendants appeared with counsel. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. 15 jurors were present. (bw) (Entered: 09/23/2009)
9/1/2009ENDORSED LETTER: As to Emil Scheringer, Delmer Gowing addressed to Judge George B. Daniels from Matthew J. Kluger dated 9/1/2009. This letter shall serve as a request that the attorneys for the defendants, Emma Greenwood, Michael H. Sporn and the undersigned, be permitted to bring their computer laptops into the courtroom during the trial of the above entitled action beginning on Tuesday, September 1, 2009. Each computer will have its wireless, imaging and recording capability disabled. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 9/1/2009)(dnd) (Entered: 09/01/2009)
9/1/2009ENDORSED LETTER: As to Emil Scheringer, Delmer Gowing addressed to Judge George B. Daniels from Seetha Ramachandran dated 8/26/2009. re: The Government intends to call Scheringer's Pretrial Services Officer, Carol Sirotto, as a witness. The files of Officer Sirotto and her predecessors, including the "Chronos" and "Monthly Reports," cannot be disclosed without an order from the Court. To comply with our obligations pursuant to Federal Rule of Criminal Procedure 16 and Title 18, United States Code Section 3500, we request that Your Honor endorse this letter as an Order of the Court. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 9/1/2009)(dnd) (Entered: 09/01/2009)
8/31/2009Minute Entry for proceedings held before Judge George B. Daniels: Jury Selection as to Emil Scheringer, Delmer Gowing held on 8/31/2009. (bw) (Entered: 09/23/2009)
8/31/2009Minute Entry for proceedings held before Judge George B. Daniels: Voir Dire begun on 8/31/2009 Emil Scheringer (1) on Count 1,1ss,1s,1sss,1ssss,2-5,2ss-10ss,2s-5s,2sss-10sss,2ssss-10ssss,11ssss and Delmer Gowing (2) on Count 1s,1,1ss,1sss. Defendants appeared with counsel. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for trial. Jury selection; jurors chosen (bw) (Entered: 09/23/2009)
8/28/2009ENDORSED LETTER as to Emil Scheringer, Delmer Gowing addressed to Judge Daniels from Attorney Michael H. Sporn, counsel for defendant Emil Scheringer, dated 8/28/09 re: submitted to request that your Honor permit the attorneys for the defendants, Emma Greenwood, Matthew Kluger and the undersigned, to keep our cellular phones in the courthouse for the duration of the trial in the above-captioned matter scheduled to begin on August 31, 2009, with the understanding that they will be turned off inside the courtroom ENDORSEMENT: So Ordered. (Signed by Judge George B. Daniels on 8/28/09)(bw) (Entered: 08/28/2009)
8/28/2009Proposed Voir Dire Questions by Emil Scheringer. (Greenwood, Emma) (Entered: 08/28/2009)
8/27/200989TRANSCRIPT of Proceedings as to Emil Scheringer, Delmer Gowing held on 8/6/09 before Judge George B. Daniels. (ldi) (Entered: 08/28/2009)
8/27/200988SEALED DOCUMENT placed in vault. (rt) (Entered: 08/27/2009)
8/27/200987SEALED DOCUMENT placed in vault. (jri) (Entered: 08/27/2009)
8/26/2009PROPOSED EXAMINATION OF JURORS by USA as to Emil Scheringer, Delmer Gowing. (Renzin, Lee) (Entered: 08/26/2009)
8/24/2009ORDER as to Emil Scheringer.... the dft is in pretrial detention with the within captioned matter at the M.D.C. with Marshal Register # 75167-004, it is hereby ORDERED that the MDC is directed to accept hand delivery of a package from dft's atty consisting of clothing suitable to wear to court for a trial scheduled to begin on 8/31/09, and to insure that the clothing is made available to the dft and to take such OTHER and further steps as may be required to comply with the purposes of this order. (Signed by Judge George B. Daniels on 8/24/09)(ja) (Entered: 08/24/2009)
8/11/200982SEALED DOCUMENT placed in vault. (jri) (Entered: 08/11/2009)
8/6/2009Minute Entry for proceedings held before Judge George B. Daniels:Status Conference as to Emil Scheringer, Delmer Gowing held on 8/6/2009 as to Emil Scheringer, Delmer Gowing( Jury Trial set for 8/31/2009 at 09:45 AM before Judge George B. Daniels.) Defendants appeared with counsel. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government for conference. Trial scheduled to begin on 8/31/09 at 9:45. Time to next conference excluded for purposes of the Speedy Trial Act. (jw) (Entered: 08/07/2009)
8/5/200983TRANSCRIPT of Proceedings as to Emil Scheringer, Delmer Gowing held on 7/18/09 before Judge George B. Daniels. (ldi) (Entered: 08/18/2009)
7/16/2009ENDORSED LETTER as to Emil Scheringer addressed to Judge Daniels from Attorney Michael H. Sporn dated July 15, 2009 re: This ex parte letter application is submitted on behalf of the defendant, Emil Scheringer, to request that your Honor approve and authorize, pursuant to 18 U.S.C. Section 3006A, an extension of the employment of Emma Greenwood as an associate attorney to assist in the defense of this case. Trial is set for August 31, 2009. I ask for approval for another 100 hours of pretrial preparation at the same rate of $85.00 an hour. I also ask that Ms. Greenwood's services be approved to assist during the trial itself to sit at counsel table, help organize files, track, identify and retrieve exhibits and other documents, and research issues that invariably arise during the course of a case. ENDORSEMENT: So Ordered. (Signed by Judge George B. Daniels on 7/16/09)(bw) (Entered: 08/18/2009)
7/16/2009ENDORSED LETTER as to Emil Scheringer, addressed to Judge Daniels, from Michael H. Sporn, atty for dft, dated 7/15/09, re: pursuant to the Criminal Justice Act, requesting Court approval and authorization for the defense expert Dr. Jethro Toomer, to continue providing services up to and including testimony at trial relating to the dft's mental disease or defect.... -- Judge endorsed: SO ORDERED. (Signed by Judge George B. Daniels on 7/16/09)(ja) (Entered: 07/16/2009)
6/24/2009NOTICE OF ATTORNEY APPEARANCE: Emma Maya Greenwood appearing for Emil Scheringer. (Greenwood, Emma) (Entered: 06/24/2009)
6/16/200978TRANSCRIPT of Proceedings as to Emil Scheringer held on 5/13/09 before Judge George B. Daniels. (ldi) (Entered: 06/16/2009)
6/16/200977TRANSCRIPT of Proceedings as to Delmer Gowing held on 5/15/09 before Judge George B. Daniels. (ldi) (Entered: 06/16/2009)
6/16/2009ENDORSED LETTER: As to Emil Scheringer, Delmer Gowing addressed to Judge George B. Daniels from Seetha Ramachandran dated 6/15/2009 re: The Government requests that the pretrial conference scheduled for June 17, 2009 be adjourned until the afternoon of June 18th due to the attorney for defendant Scheringer, Michael Sporn not being available that day. ENDORSEMENT: The conference is adjourned to June 18, 2009 at 2:15 p.m. So Ordered. (Signed by Judge George B. Daniels on 6/16/2009)(dnd) (Entered: 06/16/2009)
6/16/200975TRANSCRIPT of Proceedings as to Emil Scheringer held on 5/19/09 before Judge George B. Daniels. (ldi) (Entered: 06/16/2009)
6/10/200974Rule 5(c)(3) Documents Received as to Emil Scheringer from the U.S.D.C. - Southern District of Florida (Ft. Lauderdale). Their Case No. 0:09-mj-6206-LSS-1. Enclosed original Magistrate file and a copy of the docket sheet. (bw) (Entered: 06/10/2009)
6/2/2009(S4) SUPERSEDING INDICTMENT FILED as to Emil Scheringer (1) count(s) 1ssss, 2ssss-10ssss, 11ssss, Delmer Gowing (2) count(s) 1sss. (bw) (Entered: 06/05/2009)
6/1/2009ENDORSED LETTER: As to Emil Scheringer, Delmer Gowing addressed to Judge George B. Daniels from Seetha Ramachandran dated 6/1/2009. re: The Government writes to respectfully request permission to use July 20, 2009 as an appearance date on trial subpoenas for documents, with the understanding that the Court has not yet scheduled a firm trial date. re: The Government writes to respectfully request permission to use July 20, 2009 as an appearance date on trial subpoenas for documents, with the understanding that the Court has not yet scheduled a firm trial date. ENDORSEMENT: So Ordered. (Signed by Judge George B. Daniels on 6/1/2009)(dnd) (Entered: 06/01/2009)
5/27/2009Minute Entry for proceedings held before Judge George B. Daniels: Pretrial Conference as to Emil Scheringer, Delmer Gowing held on 5/27/2009. Counsel for dfts appeared. Appearance of dft Gowing excused. Dft Scheringer failed to appear. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Gov't. (The next Pretrial Conference set for 6/16/2009 at 10:00 AM before Judge George B. Daniels.). Trial date adjourned indefinitely. T/E for purposes of the Speedy Trial Act. (ja) (Entered: 05/29/2009)
5/21/2009Arrest of Emil Scheringer. (jw) (Entered: 07/10/2009)
5/21/200980Arrest Warrant Returned Executed on 5/28/09 as to Emil Scheringer. (jw) (Entered: 07/10/2009)
5/19/2009Minute Entry for proceedings held before Judge George B. Daniels: Status Conference as to Emil Scheringer held on 5/19/2009. Defendant's counsel, Michael H. Sporn, appeared for arraignment. Defendant failed to appear. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government. Next conference scheduled for 5/27/09 at 10:00 a.m. (bw) (Entered: 09/01/2009)
5/19/2009Minute Entry for proceedings held before Judge George B. Daniels:Pretrial Conference as to Emil Scheringer held on 5/19/2009. Defendants counsel, Michael H. Sporn, appeared for arraignment. Defendant failed to appear. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government. Next conference scheduled for 5/27/09 at 10:00. ( Pretrial Conference set for 5/27/2009 at 10:00 AM before Judge George B. Daniels.) (ja) (Entered: 05/20/2009)
5/15/2009ORAL ORDER as to Delmer Gowing. Time excluded from 5/15/09 until 5/27/09. Pretrial Conference set for 5/27/2009 at 10:00 AM before Judge George B. Daniels. (bw) (Entered: 05/26/2009)
5/15/2009Minute Entry for proceedings held before Judge George B. Daniels: Pretrial Conference as to Delmer Gowing held on 5/15/2009. Defendant appeared with counsel, Matthew J. Kluger. AUSAs Seetha Ramachandran and Lee Renzin appeared on behalf of the Government. Next conference scheduled for 5/27/09 at 10:00 am. Time to next conference excluded for purposes of the Speedy Trial Act. (bw) (Entered: 05/26/2009)
5/12/2009ENDORSED LETTER as to Emil Scheringer, Delmer Gowing addressed to Judge George B. Daniels from Seetha Ramachandran dated 5/11/2009. re: A Grand Jury returned the enclosed third superseding indictment in this case on May 7, 2009. The third superseding indictment extends the time period of the conspiracy charged in Count One through May 2009, and also notifies the defendants that they are subject to the enhanced penalties set forth in Title 18, United States Code, Section 3147(1), for committing a crime while on bail. The Government intends to move for a remand of defendant Emil Scheringer after he is arraigned on the third superseding indictment, based on his continued criminal conduct and violation of his bail conditions. We have conferred with defense counsel and not everyone is available on the same days for an arraignment. Matthew Kluger, defense counsel for Delmer Gowing, has contacted his client and is available for an arraignment either before Your Honor, or in Magistrate Court, on Friday, May 15, 2009. Michael Sporn, defense counsel for Scheringer, has reached out to his client but has not yet heard back. We propose scheduling Scheringer's arraignment for Wednesday, May 13, 2009. The Government respectfully requests that time be excluded for purposes of the Speedy Trial Act between today and any arraignment date the Court sets. ENDORSEMENT: Arraignment for Emil Scheringer scheduled For May 13, 2009 at 10:15 a.m. Arraignment for Delmar Gowing on May 15, 2009. Time is excluded for the purposes of the Speedy Trial Act. (Signed by Judge George B. Daniels on 5/11/2009)(dnd) (Entered: 05/12/2009)
5/7/2009(S3) SUPERSEDING INDICTMENT FILED as to Emil Scheringer (1) count(s) 1sss, 2sss-10sss, Delmer Gowing (2) count(s) 1ss. (ja) (Entered: 05/12/2009)
3/25/2009NOTICE OF ATTORNEY APPEARANCE Lee Renzin appearing for USA. (Renzin, Lee) (Entered: 03/25/2009)
3/25/2009NOTICE OF ATTORNEY APPEARANCE Lee Renzin appearing for USA. (Renzin, Lee) (Entered: 03/25/2009)
3/25/2009ENDORSED LETTER: As to Emil Scheringer, addressed to Judge George B. Daniels from Michael H. Sporn dated 3/20/2009. re: This ex parte letter application is respectfully submitted on behalf of the defendant Emil Scheringer to request that your Honor approve and authorize pursuant to 18 U.S.C. section 3006A, the employment of Emma Greenwood as an associate attorney to assist in the defense of this case. The Court approved a prior application for Ms. Greenwood to work as a paralegal in this case. ENDORSEMENT: So Ordered. (Signed by Judge George B. Daniels on 3/25/2009)(dnd) (Entered: 03/25/2009)
3/18/2009Minute Entry for proceedings held before Judge George B. Daniels: Pretrial Conference as to Emil Scheringer, Delmer Gowing held on 3/18/2009. Defendant Scheringer appeared with counsel, Michael H. Sporn. Defendant Delmer Gowing did not appear. AUSA Seetha Ramachandran appeared on behalf of the government. Final pretrial conference scheduled for 5/27/09 at 10:00. Trial date adjourned to 6/15/09 at 9:45. Time to next conference excluded for purposes of the Speedy Trial Act. The Court ordered defendant Scheringer not to conduct any direct or indirect investment solicitation before trial. ( Jury Trial set for 6/15/2009 at 09:45 AM before Judge George B. Daniels. Pretrial Conference set for 5/27/2009 at 10:00 AM before Judge George B. Daniels.) (ja) (Entered: 03/18/2009)
2/23/2009ENDORSED LETTER: As to Emil Scheringer, addressed to Judge George B. Daniels from Seetha Ramachandran dated 2/17/2009 re: The Government respectfully requests that the court set a trial date in this case for April 27, or May 4, 2009 if possible. ENDORSEMENT:The Trial is scheduled for April 27, 2009 at 9:30 a.m. The pretrial conference is scheduled for March 18, 2009 at 10:00 a.m. So Ordered. As to Emil Scheringer ( Jury Trial set for 4/27/2009 at 9:30 AM before Judge George B. Daniels., Pretrial Conference set for 3/18/2009 at 10:00 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 2/18/2009)(dnd) (Entered: 02/23/2009)
1/29/2009Minute Entry for proceedings held before Judge George B. Daniels:Pretrial Conference as to Emil Scheringer held on 1/29/2009 as to Emil Scheringer( Pretrial Conference set for 4/29/2009 at 10:00 AM before Judge George B. Daniels.)Defendant appeared with counsel, Michael Sporn. AUSA Seetha Ramachandran appeared on behalf of the government. The Court found defendant competent to stand trial. Trial scheduled for July 6, 2009. Final pretrial conference scheduled for April 29, 2009 at 10:00. Time to next conference excluded for purposes of the Speedy Trial Act. (jw) (Entered: 01/30/2009)
1/9/200965TRANSCRIPT of Proceedings as to Emil Scheringer held on 12/04/08 before Judge George B. Daniels. (ama) (Entered: 01/13/2009)
1/7/200964TRANSCRIPT of Proceedings as to Emil Scheringer held on 12/03/08 before Judge George B. Daniels. (ama) (Entered: 01/13/2009)
12/4/2008Minute Entry for proceedings held before Judge George B. Daniels: Pretrial Conference as to Emil Scheringer held on 12/4/2008. Dft Scheringer present w/atty Michael H. Sporn. AUSA Seetha Ramachandran appeared on behalf of the gov't for conclusion of competency hearing. Time to next conference excluded for purposes of the Speedy Trial Act. (Pretrial Conference set for 1/29/2009 at 10:30 AM before Judge George B. Daniels.) (ja) (Entered: 12/08/2008)
12/3/2008ORAL ORDER as to (05-Cr-782-01) Emil Scheringer. Competency Hearing set for 12/4/2008 at 10:30 AM before Judge George B. Daniels. (bw) (Entered: 12/08/2008)
12/3/2008Minute Entry for proceedings held before Judge George B. Daniels: Competency Hearing as to (05-Cr-782-01) Emil Scheringer held on 12/3/2008. Defendant appeared with attorney Michael Sporn. AUSA Seetha Ramachandran appeared on behalf of the government for competency hearing regarding defendant Scheringer. Dr. Jethro Toomer testified on behalf of defense. Dr. Keinman testified on behalf of the government. Hearing to be continued on 12/4/08 at 10:30 a.m. (bw) (Entered: 12/08/2008)
11/26/2008NOTICE of Change of Address as to Delmer Gowing. New Address: Law Office of Matthew J. Kluger, 859 Concourse Village West, Suite 200, Bronx, New York, 10451, (718) 293-4900. (Kluger, Matthew) (Entered: 11/26/2008)
11/12/2008ENDORSED LETTER: As to Delmer Gowing addressed to Judge George B. Daniels from Seetha Ramachandran dated 11/10/2008 re: The Government respectfully requests that the pretrial conference and competency hearing in this case, scheduled for November 20, 2008, at 9:45am, be adjourned until December 3, 2008, at 9:45 a.m. a date that Your Honor's law clerk advised us may work for the Court. We request this adjournment because the Government's expert psychiatrist, Dr. Stuart Kleinman, has a scheduling conflict on November 20, which the Government was unaware of when we initially requested that the hearing be adjourned to that date. The Government respectfully requests that time be excluded for purposes of the Speedy Trial Act between today and December 3, 2008, or any new conference date the Court sets. ENDORSEMENT: So Ordered. As to Delmer Gowing( Competency Hearing set for 12/3/2008 at 9:45 AM before Judge George B. Daniels., Pretrial Conference set for 12/3/2008 at 9:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 11/12/2008)(D'Avanzo, Daniel) (Entered: 11/12/2008)
11/12/2008ENDORSED LETTER: As to Emil Scheringer, addressed to Judge George B. Daniels from Seetha Ramachandran dated 11/10/2008 re: The Government respectfully requests that the pretrial conference and competency hearing in this case, scheduled for November 20, 2008, at 9:45am, be adjourned until December 3, 2008, at 9:45 a.m. a date that Your Honor's law clerk advised us may work for the Court. We request this adjournment because the Government's expert psychiatrist, Dr. Stuart Kleinman, has a scheduling conflict on November 20, which the Government was unaware of when we initially requested that the hearing be adjourned to that date. The Government respectfully requests that time be excluded for purposes of the Speedy Trial Act between today and December 3, 2008, or any new conference date the Court sets.ENDORSEMENT: So Ordered. As to Emil Scheringer( Competency Hearing set for 12/3/2008 at 9:45 AM before Judge George B. Daniels., Pretrial Conference set for 12/3/2008 at 9:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 11/12/2008)(D'Avanzo, Daniel) (Entered: 11/12/2008)
11/5/2008ENDORSED LETTER: As to Emil Scheringer, Delmer Gowing addressed to Judge George B. Daniels from Seetha Ramachandran dated 10/29/2008 re: The Government respectfully requests that the pretrial conference and competency hearing in this case, scheduled for November 5, 2008, at 10:30am, be adjourned until November 20, 2008, a date that Your Honor's law clerk advised us may work for the Court. The Government respectfully requests that time be excluded for purposes of the Speedy Trial Act between today and November 20, 2008,or any new conference date the Court sets. ENDORSEMENT: The conference is adjourned to November 20, 2008 at 9:45 p.m. Time to be excluded until the conference date.So Ordered. As to Emil Scheringer, Delmer Gowing( Pretrial Conference set for 11/20/2008 at 9:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 11/5/2008)(D'Avanzo, Daniel) (Entered: 11/05/2008)
9/18/2008ENDORSED LETTER as to Emil Scheringer, Delmer Gowing addressed to Judge Daniels from Attorney Michael H. Sporn, counsel for defendant Scheringer, dated 9/15/08 re: submitted to request that the status conference currently scheduled for 9/16/08 be adjourned to 11/5/08 at 10:30 a.m. The government and the co-defendant consent to this request. Both defendants consent to the exclusion of time for speedy trial purposes. ENDORSEMENT: So Ordered. (Signed by Judge George B. Daniels on 9/16/08)(bw) (Entered: 09/18/2008)
9/16/2008ENDORSED LETTER as to Emil Scheringer, Delmer Gowing, addressed to Judge Daniels, from Michael H. Sporn, atty for dft Scheringer, dated 9/15/08, re: request that the Court adjourn the 9/16/08 conference to 11/5/08 @ 10:30 a.m.... for the purpose of conducting a competency hearing, if needed, or for further status.... Mr. Scheringer and the co-dft Gowing consent to the exclusion of time for speedy trial purposes due to the delay resulting from the examination of the dft. -- Judge endorsed: SO ORDERED. ( Status Conference set for 11/5/2008 at 10:30 PM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/16/08)(ja) (Entered: 09/16/2008)
8/26/2008NOTICE OF ATTORNEY APPEARANCE Seetha Ramachandran appearing for USA. (Ramachandran, Seetha) (Entered: 08/26/2008)
8/20/2008ORAL ORDER as to Emil Scheringer. Status Conference set for 9/16/2008 at 11:30 AM before Judge George B. Daniels. (bw) (Entered: 08/25/2008)
8/20/2008Minute Entry for proceedings held before Judge George B. Daniels: Status Conference as to Emil Scheringer held on 8/20/2008. Deft present w/atty Michael Sporn. AUSA Jonathan Streeter & Seetha Ramanchandran present. Deft order to comply with evaluation for competancy. Next conference scheduled 9/16/08 11:30 AM. (bw) (Entered: 08/25/2008)
7/24/200855TRANSCRIPT of Proceedings as to Emil Scheringer, Delmer Gowing held on 10/18/07 before Judge George B. Daniels. (ama) (Entered: 07/24/2008)
7/24/200854TRANSCRIPT of Proceedings as to Emil Scheringer, Delmer Gowing held on 4/05/07 before Judge George B. Daniels. (ama) (Entered: 07/24/2008)
7/24/200853TRANSCRIPT of Proceedings as to Emil Scheringer held on 8/03/05 before Judge George B. Daniels. (ama) (Entered: 07/24/2008)
7/24/200852TRANSCRIPT of Proceedings as to Emil Scheringer, Delmer Gowing held on 6/26/08 before Judge George B. Daniels. (ama) (Entered: 07/24/2008)
7/18/200856ORDER as to Emil Scheringer. It is hereby ordered that because of the anticipated length of the trial in this case, CJA atty(s) may submit interim vouchers for representation of his/their client. Each voucher is to cover a minimum of a two (2 ) week period with the first voucher to include the period from the date of appointment... (Signed by Judge George B. Daniels on 7/9/08)(ja) (Entered: 07/29/2008)
6/26/2008ORAL ORDER as to Emil Scheringer, Delmer Gowing. Time excluded from 6/26/08 until 9/16/08. Status Conference set for 9/16/2008 at 11:30 AM before Judge George B. Daniels. (bw) (Entered: 07/01/2008)
6/26/2008Minute Entry for proceedings held before Judge George B. Daniels: Pretrial Conference as to Emil Scheringer, Delmer Gowing held on 6/26/2008. AUSA present: Adam Hickey. Deft Emil Scheringer's counsel present: Michael H. Sporn. Deft Delmer Gowing's counsel present: Matthew J. Kluger. The Judge stated that medical records are relevant for the Government's expert examination. Examination will take place here in NY. Conference set for 9/16/08 at 11:30 AM. Government should send a letter to Judge if he wishes to proceed for a competency hearing on 9/16/08. Time excluded through 9/16/08. (bw) (Entered: 07/01/2008)
6/24/2008ENDORSED LETTER as to Emil Scheringer, Delmer Gowing addressed to Judge Daniels from Adam S. Hickey dated 6/20/08 re: Reschedule Conference as to Emil Scheringer, Delmer Gowing( Status Conference set for 6/25/2008 at 11:30 AM before Judge George B. Daniels.)...ENDORSEMENT...The conference is adjourned to June 25, 2008 at 11:30am. SO ORDERED. (Signed by Judge George B. Daniels on 6/24/08)(jw) (Entered: 06/24/2008)
6/18/200849TRANSCRIPT of Proceedings as to Emil Scheringer, Delmer Gowing held on 5/15/08 before Judge George B. Daniels. (ama) (Entered: 06/18/2008)
5/28/2008ENDORSED LETTER as to Delmer Gowing addressed to Judge Daniels from Matthew J. Kluger dated 5/22/08 re: Request authorization to submit interim CJA20 vouchers for the duration of this matter. So Ordered.. (Signed by Judge George B. Daniels on 5/28/08)(pr) (Entered: 05/28/2008)
5/15/2008ORAL ORDER as to Emil Scheringer, Delmer Gowing. Pretrial Conference set for 7/9/2008 at 10:30 AM before Judge George B. Daniels. Ready for Trial by 7/14/2008. (bw) (Entered: 05/27/2008)
5/15/2008Minute Entry for proceedings held before Judge George B. Daniels: Pretrial Conference as to Emil Scheringer, Delmer Gowing held on 5/15/2008. Deft Scheringer present w/atty Michael Sporn. Deft Gowing present w/atty Matt Kluger. AUSA Rita Glavin present. Final pretrial conference 7/9/08 at 10:30 AM. Trial will commence 7/14/08. (bw) (Entered: 05/27/2008)
5/8/2008ORAL ORDER as to Emil Scheringer, Delmer Gowing. Pretrial Conference set for 5/15/2008 at 10:00 AM before Judge George B. Daniels. Ready for Trial by 7/14/2008. (bw) (Entered: 05/12/2008)
5/8/2008Minute Entry for proceedings held before Judge George B. Daniels: Pretrial Conference as to Emil Scheringer, Delmer Gowing held on 5/8/2008. AUSA Rita Glavin present. Defense attorneys Michael Sporn / Matthew Kluger present. Defendants excused. Pretrial conference held. New trial date beginning 7/14/08. Next conference 5/15/08 at 10AM. (bw) (Entered: 05/12/2008)
4/28/2008ORDER as to Delmer Gowing. Dft Delmer Gowing's bail is reinstated and he is ordered released from custody. SO ORDERED. (Signed by Judge George B. Daniels on 4/28/08)(ja) (Entered: 04/28/2008)
4/25/2008ENDORSED LETTER as to Delmer Gowing, addressed to Judge Daniels, from Matthew J. Kluger, atty for dft, dated 4/25/08, re:...request that Gowing's bail be reinstated and that he be released from custody forthwith. AUSA Adam Hickey does not object to the Court granting the relief requested herein. -- Judge endorsed: So Ordered. (ja) (Entered: 04/28/2008)
3/20/200841TRANSCRIPT of Proceedings as to Delmer Gowing held on 1/30/08 before Judge George B. Daniels. (jw) (Entered: 03/20/2008)
3/14/2008***DELETED DOCUMENT. Deleted document number 41 ORDER, as to Emil Scheringer. The document was incorrectly filed in this case. (bw) (Entered: 03/14/2008)
2/26/200840TRANSCRIPT of Proceedings as to Delmer Gowing held on 1/30/2008 before Judge George B. Daniels. (wb) (Entered: 02/26/2008)
2/20/2008Set/Reset Deadlines/Hearings as to Emil Scheringer, Delmer Gowing: Ready for Trial by 6/9/2008. (bw) (Entered: 02/20/2008)
2/20/2008ENDORSED LETTER as to Emil Scheringer, Delmer Gowing addressed to Judge Daniels from AUSAs Rita M. Glavin/Adam Hickey dated 2/19/08 re: submitted to request that the 4/14/08 trial date be adjourned to 6/9/08, and that the time from 4/14/08 to 6/9/08 be excluded from the calculations of the Speedy Trial Act. ENDORSEMENT: So Ordered. (Signed by Judge George B. Daniels on 2/20/08)(bw) (Entered: 02/20/2008)
2/14/200838MEMO ENDORSEMENT on Advice of Penalties and Sanctions (R.O.R.), as to Delmer Gowing. Mr. Gowing is granted a furlough from 2/14/08 to 2/19/08. The U.S. Marshal for the SDNY shall release Delmer Gowing at 8 a.m. on 2/14/08. Mr. Gowing shall return to the SDNY on 2/19/08 and surrender to the U.S. Marshal by no later than 3 p.m. Mr. Gowing shall arrange for his own travel to and from Florida. (Signed by Judge George B. Daniels on 2/14/08)(ja) (Entered: 02/20/2008)
2/14/2008ENDORSED LETTER as to Delmer Gowing addressed to Judge Daniels from Matthew J. Kluger dated 2/11/08 re: On 1/23/08, Gowing father passed away. The memorail service is being held on 2/16/08 in Florida. Per order dtd 2/11/08, the Ohio court granted Gowing a short furlough from 2/14/08 to 2/19/08 Deft requests that the court issue an order permitting Gowing a short furlough from MDC custody from 8am on 2/14/08 to 3pm on 2/19/08 or, alternatively endorsing this letter So Ordered and attaching it to the Ohio's Order. So Ordered. (Signed by Judge George B. Daniels on 2/14/08)(pr) (Entered: 02/14/2008)
1/30/2008Minute Entry for proceedings held before Judge George B. Daniels:Status Conference as to Emil Scheringer, Delmer Gowing held on 1/30/2008. AUSA Rita McGlavin present. Dft Scheringer present w/atty Michael Sporn. Dft Gowing present w/atty Matthew Kluger. Gov't moves for remand for dft Gowing. Dft remanded to custody of U.S. Marshals. Time excluded. (ja) (Entered: 01/30/2008)
1/30/2008ORDER as to Delmer Gowing. It is hereby ordered that deft be remanded to the custody of the USM. (Signed by Judge George B. Daniels on 1/30/08)(pr) (Entered: 01/30/2008)
1/11/2008NOTICE OF ATTORNEY APPEARANCE Adam Sean Hickey appearing for USA. (Hickey, Adam) (Entered: 01/11/2008)
10/18/2007Minute Entry for proceedings held before Judge George B. Daniels :Status Conference as to Emil Scheringer, Delmer Gowing held on 10/18/2007, as to Emil Scheringer, Delmer Gowing; Jury Trial set for 2/20/2008 at 10:00 AM before Judge George B. Daniels. Deft Scheringer present with atty M. Sporn, Deft Gowing present with atty M. Kluger. AUSAs William Stellmach & Christine Medding present. Trial set for February 20, 2008 at 10:00am. Time is excluded from 10/18/07 thru 2/20/08 in the interest of justice. Bail continued as to both defts. (jw) (Entered: 10/23/2007)
9/26/2007Minute Entry for proceedings held before Judge George B. Daniels : Arraignment (on S2) as to Emil Scheringer (1) Counts 1ss, and 2ss-10ss and Delmer Gowing (2) Count 1s held on 9/26/2007. Dfts are present. Atty M. Sporn for dft Scheringer pres, and atty M. Kluker present for dft Gowing. Both dfts arraigned and Plea entered by Emil Scheringer (1) Counts 1ss, 2ss-10ss and Delmer Gowing (2) Count 1s of Not Guilty. Next PTC to be held 10/18/2007 at 11:00 AM before Judge George B. Daniels. Bail cont'd. T/E from 9/26/07 through 10/18/07, in the interest of justice. (ja) (Entered: 10/01/2007)
9/18/2007(S2) SUPERSEDING INDICTMENT FILED as to Emil Scheringer (1) count(s) 1ss, 2ss-10ss, Delmer Gowing (2) count(s) 1s. (bw) (Entered: 09/19/2007)
8/7/2007NOTICE OF ATTORNEY APPEARANCE William John Stellmach appearing for USA. (Stellmach, William) (Entered: 08/07/2007)
7/18/2007NOTICE OF ATTORNEY APPEARANCE Christine Meding appearing for USA. (Meding, Christine) (Entered: 07/18/2007)
7/17/2007ENDORSED LETTER as to Delmer Gowing addressed to Judge Daniels from Matthew J. Kluger dated 7/13/07 re: Schedule Briefing., as to Delmer Gowing;defense Motions due by 7/31/2007..JUDGE MEMO-ENDORSEMENT...SO ORDERED. (Signed by Judge George B. Daniels on 7/13/07)(jw) (Entered: 07/18/2007)
4/12/2007ENDORSED LETTER as to Emil Scheringer addressed to George B. Daniels from Michael H. Sporn dated 4/9/2007 re: request approval or authorization, pursuant to 18 USC 3006A, be given the employment of Emma Greenwood to assist inthe defense of this case. Endorsement: SO ORDERED.. (Signed by Judge George B. Daniels on 4/12/2007)(jar) (Entered: 04/13/2007)
4/5/2007ORAL ORDER as to Emil Scheringer, Delmer Gowing, Time excluded from 4/5/07 until 9/17/07. Sentencing held with dfts, defense cnsl, AUSA and crt rptr pres. Trial date rescheduled from 6/11/07 to 9/17/07, T/E until that time. Pretrial motions to be filed by the end of April. (Signed by Judge George B. Daniels on 4/5/07)(ja) (Entered: 04/12/2007)
4/5/2007Minute Entry for proceedings held before Judge George B. Daniels :Status Conference as to Emil Scheringer, Delmer Gowing held on 4/5/2007, as to Emil Scheringer, Delmer Gowing; Jury Trial set for 9/17/2007 before Judge George B. Daniels. Conference held with defts, defense counsel, AUSA and Court reporter present. Trial date rescheduled from June 11, 2007 to September 17, 2007. Time excluded until that time. Pretrial motions to be filed by the end of April. (jw) (Entered: 04/12/2007)
3/13/200727TRANSCRIPT of Proceedings as to Emil Scheringer, Delmer Gowing held on 1/25/07 before Judge George B. Daniels. (jbe) (Entered: 03/13/2007)
2/23/200726CJA 23 Financial Affidavit by Delmer Gowing. Approved. Deft to contribute to the extent possible to cost of counsel. CJA Matthew Kluger. (Signed by Magistrate Judge Debra C. Freeman on 1/11/07) (bw) (Entered: 02/23/2007)
2/7/200724TRANSCRIPT of Proceedings as to Emil Scheringer, Delmer Gowing held on 1/11/07 before Judge George B. Daniels. (jbe) (Entered: 02/07/2007)
1/25/2007Minute Entry for proceedings held before Judge George B. Daniels : as to Emil Scheringer, Delmer Gowing; Jury Trial set for 6/11/2007 before Judge George B. Daniels. (jw) (Entered: 01/26/2007)
1/25/2007Minute Entry for proceedings held before Judge George B. Daniels :Status Conference as to Emil Scheringer, Delmer Gowing held on 1/25/2007; Status Conference set for 4/5/2007 11:30 AM before Judge George B. Daniels. Conference held with Defts; deft. Counsel, AUSA and Court reporter present. Trial for March 12, 2007 is rescheduled to June 11, 2007. Next conference is scheduled for April 5, 2007 at 11:30am. Government's application to revoke Deft Scheringer's bail is denied. (jw) (Entered: 01/26/2007)
1/11/2007Minute Entry for proceedings held before Judge George B. Daniels :Status Conference as to Emil Scheringer held on 1/11/2007; Status Conference set for 1/25/2007 11:30 AM before Judge George B. Daniels. Deft present with defense counsel, AUSA and Court reporter present. Next conference scheduled for January 25, 2007 at 11:30am. Time excluded until March 12, 2007. The defense shall produce copies of any documents that it will rely on at the next conference to the government by January 23, 2007. (jw) (Entered: 03/05/2007)
1/11/200725CJA 20 as to Delmer Gowing: Appointment of Attorney Matthew J. Kluger for Delmer Gowing. (Signed by Judge Debra C. Freeman on 2/6/07) CJA Office Mailed the Original to Attorney, and Sent Copy to File.(sac) (Entered: 02/08/2007)
1/11/200723CJA 20 as to Delmer Gowing: Appointment of Attorney Matthew Kluger for Delmer Gowing. (Signed by Judge Frank Maas on 1/11/07) CJA Office Mailed the Original to Attorney, and Sent Copy to File.(sac) (Entered: 01/30/2007)
1/11/2007ORAL ORDER as to Emil Scheringer. Time excluded from 1/11/07 until 3/12/07. Pretrial Conference set for 1/25/2007 11:30 AM before Judge George B. Daniels. (bw) (Entered: 01/18/2007)
1/11/2007Minute Entry for proceedings held before Judge George B. Daniels :Pretrial Conference as to Emil Scheringer held on 1/11/2007. Conference held with Deft, defense counsel, AUSA, and court reporter present. Next conference scheduled for 1/25/07 at 11:30 a.m. Time excluded until 3/12/07. The defense shall produce copies of any documents that it will rely on at the next conference to the govt by 1/23/07. (bw) (Entered: 01/18/2007)
1/5/2007ORDER as to Emil Scheringer. It is ordered that deft Emil Scheringer show cause on 1/11/07 as to why he should not be remanded for willful violation of his bail conditions. In support of such a showing, deft Emil Scheringer should be prepared to produce in court on 1/11/07 documentation evidencing the truth of his representations made in telephone conversations with Ms. Billie Hunt concerning attempted bank deposits and transactions. (Signed by Judge George B. Daniels on 1/5/07)(bw, ) (Entered: 01/05/2007)
12/13/200621TRANSCRIPT of Proceedings as to Emil Scheringer, Delmer Gowing held on 11/16/2006 @ 12:45 P.M. before Judge George B. Daniels. (lb, ) (Entered: 12/13/2006)
11/16/2006Minute Entry for proceedings held before Judge George B. Daniels : Plea entered by Emil Scheringer (1) Count 1s,2s-5s and Delmer Gowing (2) Count 1 Not Guilty. (pr, ) (Entered: 11/20/2006)
11/16/2006Minute Entry for proceedings held before Judge George B. Daniels :Arraignment as to Emil Scheringer (1) Count 1s,2s-5s and Delmer Gowing (2) Count 1 held on 11/16/2006. Deft. Scheringer pres. w/atty Sporn. Deft Gowing pres appearing pro se; AUSA Abernathy pres. Both defts waive reading and plead NOT GUILTY. (Plea of not guilty enterec for both. Deft. Gowing to retain counsel within 30 days. New counsel will put in noticd of appearance and contact the govt. Govt's application to remand deft Scheringer is denied. (pr, ) (Entered: 11/20/2006)
11/13/2006Set/Reset Hearings as to Emil Scheringer, Delmer Gowing: Arraignment set for 11/16/2006 12:00 PM before Judge George B. Daniels..(pr, ) (Entered: 11/14/2006)
11/13/2006ENDORSED LETTER as to Emil Scheringer, Delmer Gowing addressed to Judge Daniels from Jonathan S. Abernethy, AUSA dated 11/9/06 re: Confirm that the parties will be present for an arraignment on Thursday, 11/16/06 @ 12:00 noon..So Ordered (Signed by Judge George B. Daniels on 11/13/06)(pr, ) (Entered: 11/14/2006)
11/9/2006(S1) SUPERSEDING INDICTMENT FILED as to Emil Scheringer (1) count(s) 1s, 2s, Delmer Gowing (2) count(s) 1. (pr, ) (Entered: 11/14/2006)
10/10/20068AFFIRMATION of Jonathan S. Abernethy in Support Of the application for an extension of the order of continuance, filed by USA as to Delmer Gowing. (ccu, ) [1:06-mj-00877-UA] (Entered: 10/10/2006)
10/10/2006ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Delmer Gowing. Time excluded from 10/10/06 until 11/9/06. Follows oral order of 10/10/06. (Signed by Judge Andrew J. Peck on 10/10/06)(ccu, ) [1:06-mj-00877-UA] (Entered: 10/10/2006)
9/20/2006Minute Entry for proceedings held before Judge George B. Daniels :Pretrial Conference as to Emil Scheringer held on 9/20/2006, as to Emil Scheringer; Jury Trial set for 3/12/2007 before Judge George B. Daniels. Pretrial Conference set for 1/11/2007 09:30 AM before Judge George B. Daniels. AUSA John Abernathy present. Defense counsel Sporn present. Deft in Florida and not present. Trial date set for March 12, 2007. Exclusion of time until trial date. Pretrial conference scheduled for January 11, 2007 at 9:30am. (jw, ) (Entered: 09/21/2006)
9/7/20067ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Delmer Gowing. Time excluded from 9/7/06 until 10/10/06. (Signed by Judge Theodore H. Katz on 9/7/06)(ccu, ) [1:06-mj-00877-UA] (Entered: 09/08/2006)
8/28/2006ENDORSED LETTER as to Emil Scheringer addressed to Judge Daniels from Jonathan S. Abernethy, AUSA dated 8/22/06 re: Govt. requests that the court exclude time until 9/30/06.So Ordered (Signed by Judge George B. Daniels on 8/28/06)(pr, ) (Entered: 08/28/2006)
8/9/2006Set/Reset Hearings as to Emil Scheringer: Status Conference set for 9/20/2006 10:15 AM before Judge George B. Daniels.(bw, ) (Entered: 08/09/2006)
8/9/2006ENDORSED LETTER as to Emil Scheringer addressed to Judge Daniels from Attorney Michael H. Sporn dated 8/7/06 re: submitted to request that the status conference scheduled for 8/10/06 be adjourned. Judge Endorsed - The conference is adjourned to September 20, 2006 at 10:15 a.m. (Signed by Judge George B. Daniels on 8/9/06)(bw, ) (Entered: 08/09/2006)
8/8/20066ADVICE OF PENALTIES AND SANCTIONS as to Delmer Gowing. (dif, ) [1:06-mj-00877-UA] (Entered: 08/09/2006)
8/8/20065PRB APPEARANCE Bond Entered as to Delmer Gowing in amount of $ 100,000 PRB, Secured by $2,000 Cash (Posted in Florida); Travel Limited to The Continental U.S.; Surrender Travel Documents (& NO New Applications); Regular Pretial Supervision; Deft to be Released Today on Own Signature (dif, ) [1:06-mj-00877-UA] (Entered: 08/09/2006)
8/8/2006Minute Entry for proceedings held before Judge Andrew J. Peck :Initial Appearance as to Delmer Gowing held on 8/8/2006., with (Pro Se) Attorney Delmer Gowing and AUSA Jonathan Abernethy for the government. $100,000 PRB; Secured by $2,000 Cash (Posted in Florida); Travel Limited to Continental U.S.; Surrender Travel Documents (& No New Applications); Regular Pretrial Supervision; Deft to be Released Today on Own Signature; Preliminary Examination set for 9/7/2006 10:00 AM before Judge Unassigned. (dif, ) [1:06-mj-00877-UA] (Entered: 08/09/2006)
8/8/20064NOTICE OF ATTORNEY APPEARANCE: (Pro Se) Attorney Delmer C. Gowing appearing for Delmer Gowing. (dif, ) [1:06-mj-00877-UA] (Entered: 08/09/2006)
7/10/200618Rule 5(c)(3) Documents Received as to Delmer Gowing from the U.S.D.C. Southern District of Florida. (pr, ) (Entered: 11/14/2006)
6/20/2006Arrest of Delmer Gowing in Southern District of Florida. (dif, ) [1:06-mj-00877-UA] (Entered: 08/09/2006)
6/20/20063Arrest Warrant Returned Executed on 6/20/2006 as to Delmer Gowing. (dif, ) [1:06-mj-00877-UA] (Entered: 08/09/2006)
6/13/20061 COMPLAINT as to Delmer Gowing (1). In Violation of 18 U.S.C. 1349 (Conspiracy to Commit Wire Fraud) (Signed by Judge Frank Maas ) (dif, ) [1:06-mj-00877-UA] (Entered: 08/09/2006)
3/23/2006ORAL ORDER as to Emil Scheringer. Time excluded from 3/23/06 until 8/10/06. Pretrial Conference set for 8/10/2006 09:45 AM before Judge George B. Daniels.(bw, ) (Entered: 03/23/2006)
3/23/2006Minute Entry for proceedings held before Judge George B. Daniels :Pretrial Conference as to Emil Scheringer held on 3/23/2006. Defense counsel Michael Sporn present. Deft appearance excused. AUSA Jonathan Abernethy. Court Reporter present. Adjourned to 8/10/06 at 9:45. Time excluded. (bw, ) (Entered: 03/23/2006)
3/23/2006ENDORSED LETTER as to Emil Scheringer addressed to Judge Daniels from Attorney Michael H. Sporn dated 3/22/06 re: submitted to request that the deft be excused from appearing at a status conference currently scheduled for 3/23/06 at 9:45 a.m. Judge So Ordered. (Signed by Judge George B. Daniels on 3/22/06)(bw, ) (Entered: 03/23/2006)
3/8/2006Set/Reset Hearings as to Emil Scheringer: Status Conference set for 3/23/2006 09:45 AM before Judge George B. Daniels.(bw, ) (Entered: 03/08/2006)
3/8/2006ENDORSED LETTER as to Emil Scheringer addressed to Judge Daniels from Attorney Michael H. Sporn dated 3/7/06 re: submitted to request that the status conference currently scheduled for 3/9/06 be adjourned to 3/23/06 at 9:45 a.m. The deft consents that the time to the next adjourned date should be excluded from speedy trial calculations. Judge So Ordered. (Signed by Judge George B. Daniels on 3/8/06)(bw, ) (Entered: 03/08/2006)
1/18/2006ENDORSED LETTER as to Emil Scheringer, addressed to Judge Daniels, from Michael H. Sporn, Atty for dft, dated 1/17/06, re: request that the status conf currently scheduled for 1/19/06 be adjourned to 3/9/06... The dft consents that the time to the next adjourned date should be excluded from ST calculations to permit parties to prepare for trial. SO ORDERED. The Sentencing is adjourned to 3/9/2006 10:00 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 1/18/06)(ja, ) (Entered: 01/19/2006)
11/15/2005ENDORSED LETTER as to Emil Scheringer, addressed to Judge Daniels, from Michael H. Sporn, Atty for dft, dated 11/10/05, re: request that the 11/16/05 status conf be adjourned to 1/17/06... The dft consents to time being excluded from ST calculations to permit parties time to prepare for trial. -- Judge endorsed: The Conference is adjourned to 1/19/2006 10:00 AM. SO ORDERED. (Signed by Judge George B. Daniels on 11/14/05)(ja, ) (Entered: 11/15/2005)
8/3/200511CJA 20 as to Emil Scheringer: Appointment of Attorney Michael H. Sporn for Emil Scheringer.. (Signed by Judge George B. Daniels on 8/3/05) The CJA Office has mailed the original to the attorney and sent a copy to the case file.(pa, ) (Entered: 08/22/2005)
8/3/2005ORAL ORDER as to Emil Scheringer. Pretrial Conference set for 11/16/2005 09:45 AM before Judge George B. Daniels.(bw, ) (Entered: 08/10/2005)
8/3/2005Minute Entry for proceedings held before Judge George B. Daniels : Plea entered by Emil Scheringer (1) Count 1,2-5 -- Not Guilty. (bw, ) (Entered: 08/10/2005)
8/3/2005Minute Entry for proceedings held before Judge George B. Daniels :Arraignment as to Emil Scheringer (1) Count 1,2-5 held on 8/3/2005. Conference held on 8/3/05. Deft, counsel, AUSA, Court reporter present. Deft enters plea of not guilty. Next conference set for 11/16/05 at 9:45 a.m. (bw, ) (Entered: 08/10/2005)
7/28/2005Case Designated ECF as to Emil Scheringer.(jm, ) (Entered: 07/29/2005)
7/28/2005 INDICTMENT FILED as to Emil Scheringer (1) count(s) 1, 2-5. (jm, ); Microfilm 8/1/05 3pm. Modified on 8/2/2005 (bw, ). (Entered: 07/29/2005)
7/1/20058ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Emil Scheringer. Time excluded from 7/1/05 until 8/1/05. . (Signed by Judge Kevin Nathaniel Fox on 71/05)(kwi, ) [1:05-mj-00563-UA] (Entered: 07/06/2005)
6/7/20057Rule 5(c)(3) Documents Received as to Emil Scheringer from the U.S.D.C., Southern District of Florida. (gq, ) [1:05-mj-00563-UA] (Entered: 06/07/2005)
6/1/20056ADVICE OF PENALTIES AND SANCTIONS as to Emil Scheringer. (gq, ) [1:05-mj-00563-UA] (Entered: 06/02/2005)
6/1/20055PRB APPEARANCE Bond Entered as to Emil Scheringer in amount of $100,000. $10,000 cash/property. Travel restricted to SDNY, EDNY, Southern District of Florida. (Travel between Florida and New York). Surrender travel documents (& no new applications). Regular pretrial supervision. Deft to be released upon following conditions: Deft's signature. Remaining conditions to be met by 6/8/2005. Surrender firearm. Maintain employment. No contact with witnesses. (gq, ) [1:05-mj-00563-UA] (Entered: 06/02/2005)
6/1/2005Minute Entry for proceedings held before Judge Theodore H. Katz :Initial Appearance as to Emil Scheringer held on 6/1/2005. Deft appears with atty Bettina Schein. AUSA Jonathan Abernathy present for the gov't. Agreed bail package: $100,000 PRB. $10,000 cash/property. Travel restircted to SDNY, EDNY, Southern District of Florida. (Travel between Fla. & N.Y.). Surrender travel documents (& no new applications). Regular pretrial supervision. Deft to be released upon following conditions: Deft's signature. Remaining conditions to be met by 6/8/2005. Surrender firearm. Maintain employment. No contact with witnesses. Preliminary Examination set for 7/1/2005 10:00 AM before Judge Unassigned. (gq, ) [1:05-mj-00563-UA] (Entered: 06/02/2005)
6/1/20054NOTICE OF ATTORNEY APPEARANCE: Bettina Schein appearing for Emil Scheringer. (gq, ) [1:05-mj-00563-UA] (Entered: 06/02/2005)
6/1/20053Arrest Warrant Returned Executed on 4/21/2005 as to Emil Scheringer. (gq, ) [1:05-mj-00563-UA] (Entered: 06/02/2005)
4/21/2005Arrest of Emil Scheringer in Southern District of Florida. (gq, ) [1:05-mj-00563-UA] (Entered: 06/02/2005)
3/29/20051 COMPLAINT as to Emil Scheringer (1) in violation of 18 U.S.C. 1349. (Signed by Judge Gabriel W. Gorenstein ) (gq, ) [1:05-mj-00563-UA] (Entered: 06/02/2005)