USA v. Tucker et al

1:16-cr-00091 | New York Southern District Court

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Division Foley Square
Judge Judge P. Kevin Castel
Filed Feb. 8, 2016
Terminated Sept. 12, 2019
Case Flags CLOSED and ECF
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Filing Date # Docket Text
3/21/2025USCA Appeal Fees
8/28/2024OPINION AND ORDER as to Scott Tucker, Timothy Muir move to vacate, set aside or correct their respective sentences pursuant to 28 U.S.C. § 2255. (ECF 486, 493.) Tucker separately moves for a sentence reduction for extraordinary and compelling reasons pursuant to 18 U.S.C. § 3582(c)(1)(A). (ECF 504.) Tucker is represented by retained counsel, and Muir, who was trained as a lawyer, represents himself pro se. The motions of Scott Tucker and Timothy Muir brought pursuant to 28 U.S.C. § 2255 are DENIED. Tuckers motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c) is DENIED. The Clerk is respectfully directed to terminate the motions (ECF 486, 493, 504, 513) and to close the civil cases docketed at 22-cv-1470 (PKC) and 22-cv-8745 (PKC). Tucker and Muir have not made a substantial showing of the denial of a constitutional right, and accordingly, a certificate of appealability will not issue. 28 U.S.C. § 2253; see Blackman v. Ercole, 661 F.3d 161, 163-64 (2d Cir. 2011). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge P. Kevin Castel on 8/28/24)(jw) (Entered: 08/29/2024)
12/5/2023STIPULATION AND ORDER as to Scott Tucker: IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Damian Williams, United States Attorney, Assistant United States Attorney Sagar K. Ravi, of counsel, the Tucker Parties and their counsel, Andrey Spektor, Esq. and Richard E. Finneran, Esq., and Paul C. Ray, pro se, that: 1. The Government acknowledges, pursuant to Title 21, United States Code, Section 853(n)(6)(A), the Tucker Parties' superior interest in the Missouri Property, the Life Insurance, and $2,572,435.62 in United States currency of the Subject Property (collectively, the"Tucker Parties Settlement"). 2. The Government shall arrange for the transfer, return, and/or release of the Missouri Property, the Life Insurance, and $2,572,435.62 in United States currency of the Subject Property to the Tucker Parties. 3. The Government acknowledges, pursuant to Title 21, United States Code, Section 853(n)(6)(A), Paul C. Rays superior interest in $650,000 of the Subject Property (the Ray Settlement) and shall arrange for the transfer of $650,000 of the Subject Property to Ray. 4. Lili Tucker hereby withdraws the Lili Petition and any assertion of interest in the Kansas Property and consents to the Government obtaining a final order of forfeiture for the Kansas Property forfeiting all right, title and interest in the Kansas Property, including Lili Tucker's interest, to the Government. 5. Within forty-five (45) days of the entry of this Stipulation and Order, Kim Tucker and Lili Tucker, and any other individual staying in the Kansas Property, shall vacate the Kansas Property, including all personal property, and turn all keys over to the Government unless the Government agrees to permit Kim Tucker and Lili Tucker to remain in the Kansas Property pending the sale of the Kansas Property (the Occupancy Period). During the Occupancy Period, upon the Governments reasonable request, Kim Tucker and Lili Tucker shall permit the Government entry to the Kansas Property for the purpose of performing an inspection of the property and changing the locks, at which time the Government shall provide a copy of the key to Kim Tucker or her designee, which key shall be returned to the Government once Kim Tucker and Lili Tucker have vacated the Kansas Property as required by this paragraph. 6. Prior to vacating the Kansas Property, Kim Tucker and Lili Tucker shall maintain the Kansas Property in the same condition as the Kansas Property is currently in, and shall not remove, destroy, alienate, transfer, detract from, remodel, or alter in any way, the Kansas Property or any fixture, which is part of the Kansas Property, reasonable wear and tear excepted. 7. Lili Tucker agrees to execute any documents necessary to transfer clear title of the Kansas Property to the Government. 8. The Tucker Parties Settlement shall satisfy all claims contained in the Tucker Petitions and the Lili Petition with respect to the Subject Property and the Tucker Parties hereby withdraw any remaining claims to the Subject Property or to any other property identified in the First Substitute Asset Order and the Second Substitute Asset Order. 9. The Ray Settlement shall satisfy all claims contained in the Ray Petition with respect to the Subject Property and Ray hereby withdraws any remaining claims to the Subject Property or to any other property identified in the First Substitute Asset Order and the Second Substitute Asset Order. 10. The Tucker Parties are hereby barred from asserting, or assisting others inasserting, any claim against the United States of America ("USA"), the Internal Revenue Service ("IRS"), the Department of Justice ("DOJ"), the U.S. Attorney's Office for the Southern District of New York ("USAO-SDNY"), or any agents and employees of the USA, the IRS, the DOJ, or the USAO-SDNY, in connection with or arising out of the seizure, restraint, and/or constructive possession of the Subject Property, including, but not limited to, any claim that there was no probable cause to seize and/or forfeit the Subject Property, that the Tucker Parties are a prevailing party, or that the Tucker Parties are entitled to additional attorney's fees or any award of interest. (Signed by Judge P. Kevin Castel on 12/5/2023) (See STIPULATION AND ORDER as further set forth) (lnl) (Entered: 12/05/2023)
12/5/2023 LETTER MOTION addressed to Judge P. Kevin Castel from Assistant United States Attorney Sagar K. Ravi dated December 4, 2023 re: Stipulation and Order . Document filed by USA as to Scott Tucker, Timothy Muir, Crystal Grote. (Attachments: # 1 Proposed Order Stipulation and Order)(Ravi, Sagar) . (Entered: 12/05/2023)
8/16/2023 REPLY MEMORANDUM OF LAW in Support as to Scott Tucker re: 486 FIRST MOTION to Vacate under 28 U.S.C. 2255 Defendant Scott Tucker's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 USC 2255 . (Silverman, Benjamin) (Entered: 08/16/2023)
7/11/2023Set/Reset Deadlines as to Scott Tucker: Replies due by 8/17/2023. (ap) (Entered: 07/11/2023)
7/11/2023MEMO ENDORSEMENT as to Scott Tucker (1) granting 525 CONSENT LETTER MOTION addressed to Judge P. Kevin Castel from Benjamin Silverman dated July 11, 2023 re: respectfully requesting 30-day extension to file reply brief. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/11/2023) (ap) (Entered: 07/11/2023)
7/11/2023CONSENT LETTER MOTION addressed to Judge P. Kevin Castel from Benjamin Silverman dated July 11, 2023 re: respectfully requesting 30-day extension to file reply brief . Document filed by Scott Tucker. (Silverman, Benjamin) (Entered: 07/11/2023)
6/22/2023 LETTER by Scott Tucker addressed to Judge P. Kevin Castel from Benjamin Silverman dated June 22, 2023 re: respectfully providing additional information relevant to Mr. Tucker's sentence reduction motion (Silverman, Benjamin) (Entered: 06/22/2023)
6/21/2023PETITIONER TIMOTHY MUIR'S REPLY IN SUPPORT OF MOTION UNDER 28 U.S.C. TO VACATE, SET ASIDE OR CORRECT SENTENCE by Timothy Muir re 493 MOTION to Vacate under 28 U.S.C. 2255. (ap) (Entered: 06/21/2023)
6/1/2023MEMO ENDORSEMENT as to Scott Tucker granting 518 FIRST MOTION for Sarah Sherer-Kohlburn to Withdraw as Attorney for Scott Tucker. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/1/2023) (lnl) (Entered: 06/01/2023)
5/31/2023MEMO ENDORSEMENT as to Scott Tucker on re: 520 LETTER MOTION addressed to Judge P. Kevin Castel from Benjamin Silverman dated May 30, 2023 re: respectfully requesting 30-day extension to file reply brief. ENDORSEMENT: Application GRANTED. SO ORDERED. (Replies due by 7/17/2023) (Signed by Judge P. Kevin Castel on 5/31/2023) (lnl) (Entered: 05/31/2023)
5/30/2023 LETTER MOTION addressed to Judge P. Kevin Castel from Benjamin Silverman dated May 30, 2023 re: respectfully requesting 30-day extension to file reply brief . Document filed by Scott Tucker. (Silverman, Benjamin) (Entered: 05/30/2023)
5/30/2023NOTICE OF ATTORNEY APPEARANCE: Benjamin Adam Silverman appearing for Scott Tucker. Appearance Type: Retained. (Silverman, Benjamin) (Entered: 05/30/2023)
5/17/2023FIRST MOTION for Sarah Sherer-Kohlburn to Withdraw as Attorney for Scott Tucker. Document filed by Scott Tucker as to Scott Tucker, Timothy Muir, Crystal Grote. Return Date set for 6/6/2023 at 05:00 PM. (Sherer-Kohlburn, Sarah) (Entered: 05/17/2023)
5/15/2023MEMORANDUM in Opposition by USA as to Scott Tucker, Timothy Muir, Crystal Grote re 493 MOTION to Vacate under 28 U.S.C. 2255. (Attachments: # 1 Exhibit Bath Affidavit, # 2 Exhibit Agnifilo Affidavit)(Scotten, Hagan) (Entered: 05/15/2023)
5/15/2023MEMORANDUM in Opposition by USA as to Scott Tucker, Timothy Muir, Crystal Grote re 486 FIRST MOTION to Vacate under 28 U.S.C. 2255 Defendant Scott Tucker's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 USC 2255. (Attachments: # 1 Exhibit Shechtman Affidavit)(Scotten, Hagan) (Entered: 05/15/2023)
5/6/2023MEMORANDUM in Support by Scott Tucker as to Scott Tucker, Timothy Muir, Crystal Grote re 504 FIRST MOTION to Reduce Sentence pursuant to 18 USC 3582(c)(1)(A).. Letter Memorandum in Support (Attachments: # 1 Exhibit Exhibit A: Documents related to police report for N. Tucker)(Sherer-Kohlburn, Sarah) (Entered: 05/06/2023)
5/2/2023 LETTER addressed to To Whom it May Concern from Timothy Muir dated April 25, 2023 re: Accordingly, to ensure a clear record, I respectfully request that the Motion for Leave to Amend and the three documents listed above are all re-filed as four separate documents (jw) (Entered: 05/02/2023)
4/17/2023 MOTION FOR LEAVE TO AMEND. Document filed by Timothy Muir. (ap) (Entered: 04/17/2023)
4/4/2023 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated April 4, 2023 re: Documents Delivered to Muir Document filed by USA. (Attachments: # 1 Affidavit Deliver Affidavit)(Scotten, Hagan) (Entered: 04/04/2023)
3/21/2023ORDER as to (16-Cr-91-2) Timothy Muir. In a letter dated March 13, 2023 (ECF 509), Timothy Muir advises that he is in the custody of the United States Immigration and Customs Enforcement in anticipation of his removal from the United States following the completion of his term of imprisonment. He also asserts that he has not had access to his legal materials since late January 2023. The government shall cause to be delivered to Mr. Muir his section 2255 motion, associated orders and correspondence, including the Attorney-Client Privilege Waiver (Informed Consent)" form (ECF 493, 498, 499, 500, 501), together with a copy of this Order, within 14 days of the date of this Order. The government shall file a declaration attesting to its compliance with this provision. IF MR. MUIR WISHES TO PURSUE HIS SECTION 2255 MOTION, HE SHALL CAUSE A FULLY EXECUTED "ATTORNEY-CLIENT PRIVILEGE WAIVER (INFORMED CONSENT)" FORM TO BE FILED WITH THE COURT BY JUNE 2, 2023. IF MR. MUIR DOES NOT RETURN A FULLY EXECUTED "ATTORNEY-CLIENT PRIVILEGE WAIVER (INFORMED CONSENT)" FORM TO BE FILED BY JUNE 2, THE SECTION 2255 MOTION WILL BE DEEMED ABANDONED AND DENIED. If Mr. Muir does cause the waiver form to be filed, then the government's response is due 45 days after filing and any reply by Mr. Muir 30 days after the government's filing. SO ORDERED. ( Responses due by 6/2/2023 )(Signed by Judge P. Kevin Castel on 3/21/2023) (bw) (Entered: 03/21/2023)
3/20/2023 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated March 20, 2023 re: 2255 Motions Document filed by USA. (Scotten, Hagan) (Entered: 03/20/2023)
3/17/2023 LETTER by Timothy Muir addressed to Judge P. Kevin Castel, from Timothy Muir dated 3/13/2023 re: Defendant wrote regarding documentation. (ap) (Entered: 03/20/2023)
3/17/2023NOTICE of Change of Address as to Timothy Muir. New Address: AO 35948625, Moshannon Valley Processing Center, 555 Geo Drive, Philipsburg, PA, 16866, (ap) (Entered: 03/20/2023)
2/6/2023AFFIRMATION of James Roth by Scott Tucker. (Roth, James) (Entered: 02/06/2023)
2/3/2023DECLARATION of Paula M. Junghans in Opposition by Scott Tucker as to Scott Tucker, Timothy Muir re: 486 FIRST MOTION to Vacate under 28 U.S.C. 2255 Defendant Scott Tucker's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 USC 2255. (Attachments: # 1 Exhibit A - Engagement Agreement dated 08/31/2011, # 2 Exhibit B - Revised Engagement Agreement dated 01/28/2015, # 3 Exhibit C - Revised Engagement Agreement dated 05/18/2015, # 4 Exhibit D - Revised Engagement Agreement dated 05/26/2015, # 5 Exhibit E - Court Order Granting Preliminary Injunction dated 03/31/2016, # 6 Exhibit F - Tucker Motion Seeking Modification of Asset Freeze Order dated 04/26/2016, # 7 Exhibit G - FTC Objections to Tucker Motion Seeking Modification dated 05/03/2016, # 8 Exhibit H - Tucker Reply to FTC Objections to Motion dated 05/09/2016, # 9 Exhibit I - Tucker Email to Junghans dated 07/06/2016, # 10 Exhibit J - Summary of All Bills Issued to & Paid by Tucker, # 11 Exhibit K - Summary of Tucker-Related Activity in Zuckerman Spaeder Trust Account, # 12 Exhibit L - Email from Morris to Schechtman & Junghans Outlining Agenda for Meeting with Tucker)(Junghans, Paula) (Entered: 02/03/2023)
2/2/2023DECLARATION of Lee Ginsberg by Scott Tucker. (Ginsberg, Lee) (Entered: 02/02/2023)
1/26/2023FIRST MOTION to Reduce Sentence pursuant to 18 USC 3582(c)(1)(A). Document filed by Scott Tucker as to Scott Tucker, Timothy Muir, Crystal Grote. (Attachments: # 1 Exhibit Exhibit A: Declaration of W. Thompson, # 2 Exhibit Exhibit B: Declaration of S. Thompson, # 3 Exhibit Exhibit C: Declaration of A. Banks, # 4 Exhibit Exhibit D: Declaration of A. Thompson, # 5 Exhibit Exhibit E: Declaration of J. Honeyball, # 6 Exhibit Exhibit F: Letter from S. Francois, # 7 Exhibit Exhibit G: Letter from R. Williams, # 8 Exhibit Exhibit H: request to Asst. Warden, # 9 Exhibit Exhibit I1: Request to Warden, # 10 Exhibit Exhibit I2: Request to Warden, # 11 Exhibit Exhibit J: Declaration of N. Tucker, # 12 Exhibit Exhibit K1: N. Tucker records, # 13 Exhibit Exhibit K2: N. Tucker records, # 14 Exhibit Exhibit L: Declaration of C. Becker, # 15 Exhibit Exhibit M: Proposed Release Plan, # 16 Exhibit Exhibit N: Declaration of R. Garcia, # 17 Exhibit Exhibit O: Proposed Amendment, # 18 Exhibit Exhibit P: Declaration of S. Tucker)(Sherer-Kohlburn, Sarah) (Entered: 01/26/2023)
1/4/2023AFFIRMATION of Beverly Van Ness by Scott Tucker as to Scott Tucker, Timothy Muir, Crystal Grote re: 498 Order. (Van Ness, Beverly) (Entered: 01/04/2023)
12/30/2022FIRST RESPONSE by Scott Tucker as to Scott Tucker, Timothy Muir, Crystal Grote re: 498 Order Attorney-Client Privilege Waiver (Informed Consent). (Sherer-Kohlburn, Sarah) (Entered: 12/30/2022)
12/23/2022DECLARATION OF INMATE FILING. Document filed by (16-Cr-91-2) Timothy Muir. Dated: December 16, 2022. [*** NOTE: Also docketed in civil case 22-Cv-8745(PKC), Doc.#7. ***] (bw) (Entered: 12/23/2022)
12/23/2022TIMOTHY MUIR'S MEMORANDUM OF LAW IN SUPPORT OF MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE OR CORRECT SENTENCE. Document filed by (16-Cr-91-2) Timothy Muir. [*** NOTE: Also docketed in civil case 22-Cv-8745(PKC), Doc.#6. ***] (bw) (Entered: 12/23/2022)
12/23/2022LETTER by (16-Cr-91-2) Timothy Muir addressed to Judge P. Kevin Castel from Timothy Muir dated December 16, 2022 re: I write in response to the Government's December 1, 2022Letter and the Court's corresponding Order. I apologize for the delay in responding, but FCI Beckley has been locked down again because the SHU is full...etc. [*** NOTE: This Letter is also docketed in civil case 22-Cv-8745(PKC), Doc.#5. ***] (bw) (Entered: 12/23/2022)
12/1/2022ORDER REGARDING ATTORNEY-CLIENT PRIVILEGE WAIVER(INFORMED CONSENT) as to Scott Tucker, Timothy Muir. (Signed by Judge P. Kevin Castel on 12/1/2022) (See ORDER set forth) (ap) (Entered: 12/01/2022)
12/1/2022 LETTER by USA as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated December 1, 2022 re: Waiver of Attorney Client Privilege Document filed by USA. (Attachments: # 1 Text of Proposed Order Order re Prior Counsel Affidavits)(Scotten, Hagan) (Entered: 12/01/2022)
11/17/2022ORDER TO ANSWER, 28 U.S.C. § 2255 as to Scott Tucker... The Court, having concluded that the motion brought under 28 U.S.C. § 2255 should not be summarily dismissed as being without merit, hereby ORDERS that:The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. Responses due by 1/16/2023. (Signed by Judge P. Kevin Castel on 11/17/2022) (ap) (Entered: 11/17/2022)
11/16/2022FIRST LETTER by Scott Tucker as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from Sarah Sherer-Kohlburn, Attorney for Scott Tucker dated 11/16/2022 re: Defendant Scott Tucker's Motion to Vacate, Set Aside, or Correct Sentence Filed on February 22, 2022 Document filed by Scott Tucker. (Sherer-Kohlburn, Sarah) (Entered: 11/16/2022)
11/4/2022ORDER TO ANSWER, 28 U.S.C. § 2255 as to Timothy Muir... The Court, having concluded that the motion brought under 28 U.S.C. § 2255 should not be summarily dismissed as being without merit, hereby ORDERS that: The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. Within sixty days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. Responses due by 1/3/2023. (Signed by Judge P. Kevin Castel on 11/4/2022) (ap) (Entered: 11/04/2022)
10/13/2022 MOTION to Vacate under 28 U.S.C. 2255. Document filed by Timothy Muir. (rdz)
Civil case 1:22-cv-08745 opened. (Entered: 10/14/2022)
10/13/2022MEMO ENDORSEMENT as to Timothy Muir (2) granting in part and denying in part 491 MOTION VERIFIED MOTION FOR EXTENSION OF TIME TO FILE BRIEF IN SUPPORT FOR MOTION TO VACATE UNDER 28 U.S.C. 2255. ENDORSEMENT: Application GRANTED IN PART AND DENIED in part. Defendant Muir may file a supporting brief within 21 days of this Order. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/13/2022) (lnl) (Entered: 10/13/2022)
10/11/2022(MOTION) VERIFIED MOTION FOR EXTENSION OF TIME TO FILE BRIEF IN SUPPORT FOR MOTION TO VACATE UNDER 28 U.S.C. 2255. Document filed by (16-Cr-91-2) Timothy Muir. Dated: October 4, 2022. (bw) (Entered: 10/13/2022)
10/7/2022SECOND PRELIMINARY ORDER OF FORFEITURE AS TO SUBSTITUTE ASSETS as to Scott Tucker. (Signed by Judge P. Kevin Castel on 10/7/2022) (ap) (Entered: 10/07/2022)
10/7/2022STIPULATION AND ORDER as to Scott Tucker. IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Damian Williams, United States Attorney, Assistant United States Attorney, Sagar K. Ravi of counsel; the Feingold Petitioners by and through their counsel Carol Lee, Esq.; the Kim Tucker Parties and their counsel, Richard Finneran, Esq.; and Paul C. Ray, pro se, that: 1. The Government shall release and transfer $686,417 of the Subject Property (the "Feingold Settlement") to the Feingold Petitioners. 2. The Government shall release and transfer $213,822.38 (the "Kim Tucker Parties" Settlement") to Kim Tucker. 3. The Government shall release and transfer $20,000 of the Subject Property (the "Ray Settlement") to Paul C. Ray. (Signed by Judge P. Kevin Castel on 10/7/2022) (See ORDER set forth)(ap) (Entered: 10/07/2022)
10/7/2022 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Sagar K. Ravi dated October 7, 2022 re: Stipulation and Order in connection David Feingold Petition. . Document filed by USA as to Scott Tucker. (Ravi, Sagar) (Entered: 10/07/2022)
2/23/2022AS PER MOTION 2255 Document # 486, Civil case 1:22-cv-1470 (PKC) FILED as to Scott Tucker. NO FURTHER ENTRIES SHOULD BE MADE IN THE CIVIL CASE. (gp) (gp) (Entered: 02/23/2022)
2/22/2022MEMORANDUM in Support by Scott Tucker re 486 FIRST MOTION to Vacate under 28 U.S.C. 2255 Defendant Scott Tucker's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 USC 2255. (Attachments: # 1 Affidavit Ex A: Affidavit of Scott Tucker, # 2 Exhibit Ex B: Paul Shechtman Biography, # 3 Exhibit Ex C: Paula Junghan Biography, # 4 Affidavit Ex D: Nadjia Limani Affidavit, # 5 Exhibit Ex E: Tucker's Appeal Brief to Second Circuit)(Sherer-Kohlburn, Sarah) (Entered: 02/22/2022)
2/22/2022FIRST MOTION to Vacate under 28 U.S.C. 2255 Defendant Scott Tucker's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 USC 2255 Document filed by Scott Tucker. (Sherer-Kohlburn, Sarah) (Entered: 02/22/2022)
2/22/2022 FILING ERROR - PDF ERROR - MEMORANDUM in Support by Scott Tucker re 484 FIRST MOTION to Vacate under 28 U.S.C. 2255 Defendant Scott Tucker's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 USC 2255. (Attachments: # 1 Affidavit Exhibit A: Scott Tucker Affidavit, # 2 Exhibit Exhibit B: Paul Shechtman Biography, # 3 Exhibit Exhibit C: Paula Junghan Biography, # 4 Affidavit Exhibit D: Nadjia Limani Affidavit, # 5 Exhibit Exhibit E: Scott Tucker's Appeal Brief to Second Circuit)(Sherer-Kohlburn, Sarah) Modified on 2/23/2022 (gp). (Entered: 02/22/2022)
2/22/2022 FILING ERROR - PDF ERROR - FIRST MOTION to Vacate under 28 U.S.C. 2255 Defendant Scott Tucker's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 USC 2255 Document filed by Scott Tucker. (Sherer-Kohlburn, Sarah) Modified on 2/23/2022 (gp). (Entered: 02/22/2022)
2/22/2022NOTICE OF ATTORNEY APPEARANCE: Sarah Pamela Sherer-Kohlburn appearing for Scott Tucker, Timothy Muir, Crystal Grote. Appearance Type: Retained. Appearing for Scott Tucker. (Sherer-Kohlburn, Sarah) (Entered: 02/22/2022)
11/9/2021STIPULATION AND ORDER as to Scott Tucker: IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Damian Williams, United States Attorney, Assistant United States Attorney, Sagar K. Ravi of counsel; MoloLamken, by and through its counsel Seetha Ramachandran, Esq.; and the Kim Tucker Parties, by and through their counsel, Richard Finneran, Esq., that: 1. The Government acknowledges, pursuant to Title 21, United States Code, Section 853(n)(6)(A), MoloLamken's superior interest in $3,338,217.10 of the Subject Assets. ENDORSEMENT: Letter motion, (Doc 481) should be terminated. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/9/2021) (lnl) (Entered: 11/09/2021)
11/4/2021 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Sagar K. Ravi dated November 4, 2021 re: Stipulation and Order in connection with MoloLamken LLP Petition (ECF No. 458) . Document filed by USA as to Scott Tucker, Timothy Muir, Crystal Grote. (Ravi, Sagar) (Entered: 11/04/2021)
9/22/2021NOTICE of Appearance on behalf of David Feingold, individually and as Trustee for the David B. Feingold Trust dated February 1996, the Chad M.Feingold Grantor Trust #2 dated November 1999, and the Erika Feingold Grantor Trust #2 dated November 1999; Dylan, Jagger Investment Co.; Homeowners Realty, LLC; UMR Building LLC; United Material Recovery, LLC; EVAS Investments, LLC. as to Scott Tucker, Timothy Muir, Crystal Grote as to Scott Tucker, Timothy Muir, Crystal Grote (Lee, Carol) (Entered: 09/22/2021)
8/24/2021ORDER FOR ADMISSION PRO HAC VICE on 474 Motion for Phillip G. Greenfield to Appear Pro Hac Vice as to Scott Tucker (1). (Signed by Judge P. Kevin Castel on 8/24/2021) (ap) (Entered: 08/24/2021)
8/24/2021>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 474 MOTION for Phillip G. Greenfield to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24968986. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 08/24/2021)
8/23/2021 PETITION IN RESPONSE TO FORFEITURE ORDER by Kim C. Tucker as to Scott Tucker, Timothy Muir, Crystal Grote re: 447 Order,,,,,,, pertaining to Petitioner Level 5 Motorsports' interests. (Spektor, Andrey) (Entered: 08/23/2021)
8/23/2021CONSENT TO ELECTRONIC SERVICE. Document filed by Paul C. Ray as to Scott Tucker. Dated: August 22, 2021. (bw) (Entered: 08/23/2021)
8/23/2021THIRD-PARTY PETITION OF PETITIONER PAUL C. RAY. Petitioner Paul C. Ray, appearing Pro Se, petitions this Court, pursuant to Title 21, United States Code, Section 853(n) and Federal Rule of Criminal Procedure 32.2(c), to amend its Preliminary Order of Forfeiture and vacate any such order with respect to particular property in order to recognize Petitioner's interest in certain property the Government seeks to forfeit as substitute property ("Claimed Assets"). In support of the Petition, Petitioner states the following. Document filed by Paul C. Ray as to Scott Tucker. Dated: August 22, 2021. (bw) (Entered: 08/23/2021)
8/23/2021NOTICE of Appearance on behalf of David Feingold, individually and as Trustee for the David B. Feingold Trust dated February 1996, the Chad M.Feingold Grantor Trust #2 dated November 1999, and the Erika Feingold Grantor Trust #2 dated November 1999; Dylan, Jagger Investment Co.; Homeowners Realty, LLC; UMR Building LLC; United Material Recovery, LLC; EVAS Investments, LLC as to Scott Tucker, Timothy Muir, Crystal Grote (Epstein, Eric) (Entered: 08/23/2021)
8/23/2021 MOTION for Phillip G. Greenfield to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-24968986. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by EVAS Investments, LLC, United Material Recovery, LLC, UMR Building LLC, Homeowners Realty, LLC, Dylan, Jagger Investment Co., David Feingold, David Feingold, David Feingold, David Feingold as to Scott Tucker, Timothy Muir, Crystal Grote. (Attachments: # 1 Affidavit Affidavit of Phil Greenfield, # 2 Exhibit Missouri Certification, # 3 Exhibit Kansas Certification, # 4 Proposed Order)(Greenfield, Phillip) (Entered: 08/23/2021)
8/23/2021ORDER FOR ADMISSION PRO HAC VICE granting 467 Motion for Carrie Phillips to Appear Pro Hac Vice as to Scott Tucker (1), Timothy Muir (2), Crystal Grote (3) (Signed by Judge P. Kevin Castel on 8/23/2021) (ap) (Entered: 08/23/2021)
8/20/2021 PETITION IN RESPONSE TO FORFEITURE ORDER by Lili Tucker as to Scott Tucker, Timothy Muir, Crystal Grote re: 447 Order,,,,,,, . (Attachments: # 1 Exhibit A Quit Claim Deed)(Spektor, Andrey) (Entered: 08/20/2021)
8/20/2021NOTICE of of Appearance on behalf of Lili Tucker by Richard E. Finneran and Andrey Spektor as to Scott Tucker, Timothy Muir, Crystal Grote (Spektor, Andrey) (Entered: 08/20/2021)
8/20/2021 RULE 12.4 CORPORATE DISCLOSURE STATEMENT. by United Material Recovery, LLC as to Scott Tucker, Timothy Muir, Crystal Grote. (Epstein, Eric) (Entered: 08/20/2021)
8/20/2021 RULE 12.4 CORPORATE DISCLOSURE STATEMENT. by UMR Building LLC as to Scott Tucker, Timothy Muir, Crystal Grote. (Epstein, Eric) (Entered: 08/20/2021)
8/20/2021 RULE 12.4 CORPORATE DISCLOSURE STATEMENT. identifying Dylan, Jagger Investment Co as Corporate Parent by Homeowners Realty, LLC as to Scott Tucker, Timothy Muir, Crystal Grote. (Epstein, Eric) (Entered: 08/20/2021)
8/20/2021>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 467 MOTION for Carrie Phillips to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24960960. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 08/20/2021)
8/20/2021 MOTION for Carrie Phillips to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-24960960. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by EVAS Investments, LLC, United Material Recovery, LLC, UMR Building LLC, Homeowners Realty, LLC, Dylan, Jagger Investment Co., David Feingold, David Feingold, David Feingold, David Feingold as to Scott Tucker, Timothy Muir, Crystal Grote. (Attachments: # 1 Affidavit Affidavit, # 2 Exhibit MO Certification, # 3 Exhibit KS Certification, # 4 Exhibit OK Certification, # 5 Proposed Order)(Phillips, Carrie) (Entered: 08/20/2021)
8/20/2021 RULE 12.4 CORPORATE DISCLOSURE STATEMENT. identifying Homeowners Realty, LLC as Corporate Parent by EVAS Investments, LLC as to Scott Tucker, Timothy Muir, Crystal Grote. (Epstein, Eric) (Entered: 08/20/2021)
8/20/2021 RULE 12.4 CORPORATE DISCLOSURE STATEMENT. by Dylan, Jagger Investment Co. as to Scott Tucker, Timothy Muir, Crystal Grote. (Epstein, Eric) (Entered: 08/20/2021)
8/20/2021 PETITION IN RESPONSE TO FORFEITURE ORDER by EVAS Investments, LLC, United Material Recovery, LLC, UMR Building LLC, Homeowners Realty, LLC, Dylan, Jagger Investment Co., David Feingold as to Scott Tucker, Timothy Muir, Crystal Grote . (Attachments: # 1 Verification, # 2 Exhibit A to Petition)(Epstein, Eric) (Entered: 08/20/2021)
8/16/2021SECOND PETITION IN RESPONSE TO FORFEITURE ORDER by Kim C. Tucker as to Scott Tucker, Timothy Muir, Crystal Grote re: 447 Order,,,,,,, . (Spektor, Andrey) (Entered: 08/16/2021)
8/16/2021NOTICE of of Appearance on Behalf of Kim Tucker, personally and as trustee of the Kim C. Tucker Living Trust; AMG Capital Management, LLC; BA Services, LLC; Black Creek Capital Corporation; Black Creek Capital, LLC; Broadmoor Capital Partners, LLC; Eclipse Renewable Holdings LLC; Level 5 Motorsports, LLC; Park 269, LLC; N.M. Service Corp.; Polo Real Estate Holding, LLC; Real Estate Capital Services LLC; and Westfund LLC. as to Scott Tucker, Timothy Muir, Crystal Grote (Spektor, Andrey) (Entered: 08/16/2021)
8/12/2021FIRST MOTION to Continue Deadline to File Certain Petitions From August 14, 2021 to August 21, 2021 (on consent). Document filed by Kim C. Tucker as to Scott Tucker, Timothy Muir, Crystal Grote. (Spektor, Andrey) Modified on 11/9/2021 (lnl). (Entered: 08/12/2021)
8/3/2021 RULE 12.4 CORPORATE DISCLOSURE STATEMENT. identifying None as Corporate Parent by MoloLamken LLP as to Scott Tucker. (Ramachandran, Seetha) (Entered: 08/03/2021)
8/3/2021NOTICE of Appearance On Behalf of MoloLamken LLP as to Scott Tucker re: 458 Petition in Response to Forfeiture Order. (Ramachandran, Seetha) (Entered: 08/03/2021)
8/3/2021 PETITION IN RESPONSE TO FORFEITURE ORDER by MoloLamken LLP as to Scott Tucker . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Ramachandran, Seetha) (Entered: 08/03/2021)
8/2/2021ORDER FOR ADMISSION PRO HAC VICE as to Scott Tucker (1). on 456 Motion for Richard E. Finneran to Appear Pro Hac Vice. (Signed by Judge P. Kevin Castel on 8/2/2021) (ap) (Entered: 08/02/2021)
8/2/2021>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 456 MOTION for Richard Edmond Finneran to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 08/02/2021)
7/30/2021 MOTION for Richard Edmond Finneran to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kim C. Tucker as to Scott Tucker, Timothy Muir, Crystal Grote. (Attachments: # 1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing (MO), # 3 Exhibit Certificate of Good Standing (IL), # 4 Exhibit Order for Admission Pro Hac Vice)(Finneran, Richard) (Entered: 07/30/2021)
7/27/2021>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice as to Scott Tucker, Timothy Muir, Crystal Grote to RE-FILE Document No. 455 MOTION for Richard E. Finneran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24838979. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba) (Entered: 07/27/2021)
7/26/2021 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Richard E. Finneran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-24838979. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kim C. Tucker as to Scott Tucker, Timothy Muir, Crystal Grote. (Attachments: # 1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing (MO), # 3 Exhibit Certificate of Good Standing (IL), # 4 Text of Proposed Order Order for Admission Pro Hac Vice)(Finneran, Richard) Modified on 7/27/2021 (vba). (Entered: 07/26/2021)
7/19/2021 REPLY TO RESPONSE to Motion by Kim C. Tucker as to Scott Tucker, Timothy Muir, Crystal Grote re 448 SECOND MOTION for Forfeiture of Property Substitute Assets.. , in response to 453 Letter by USA, and in further support of 450 Petition by Kim C. Tucker (Spektor, Andrey) (Entered: 07/19/2021)
7/13/2021 LETTER by USA as to Scott Tucker addressed to Judge P. Kevin Castel from AUSA Sagar K. Ravi dated July 13, 2021 re: Response in Opposition to Kim Tuckers Petition (ECF No. 450). Document filed by USA. (Ravi, Sagar) (Entered: 07/13/2021)
7/7/2021SCOTT TUCKER'S PRO SE SUBMISSION re: I have been advised that my ex-wife, Kim Tucker, is asserting her interest in property previously forfeited by the government. My wife and I divorced in 2019. I am presently incarcerated in the federal detention facility in Lansing, Kansas. I have a 200-month sentence imposed in the Southern District of New York. I have a pending criminal tax case in the District of Kansas. I write to confirm the following: 1. My wife obtained all rights to property as a result of our 2019 divorce; 2. I oppose the preliminary order of forfeiture proposed by the government and opposed by my wife for the reasons set forth in her pleading; 3. I make no claim, but support my ex-wife's right to assert a claim. Document filed by (16-Cr-91-1) Scott Tucker. (bw) (Entered: 07/07/2021)
7/6/2021MEMORANDUM in Opposition by Kim C. Tucker as to Scott Tucker re 448 SECOND MOTION for Forfeiture of Property Substitute Assets.. (Attachments: # 1 Exhibit A - Decree of Divorce dated 10-28-19)(Spektor, Andrey) (Entered: 07/06/2021)
7/6/2021 PETITION IN RESPONSE TO FORFEITURE ORDER by Kim C. Tucker as to Scott Tucker re: 448 SECOND MOTION for Forfeiture of Property Substitute Assets. filed by USA, 447 Order,,,,,,, . (Spektor, Andrey) (Entered: 07/06/2021)
7/6/2021NOTICE of Appearance for Petitioner Kim C. Tucker as to Scott Tucker (Spektor, Andrey) (Entered: 07/06/2021)
6/23/2021SECOND MOTION for Forfeiture of Property Substitute Assets. Document filed by USA as to Scott Tucker. (Attachments: # 1 Affidavit Declaration of Agent Whitten, # 2 Text of Proposed Order Second Preliminary Order of Forfeiture as to Substitute Assets)(Ravi, Sagar) (Entered: 06/23/2021)
6/9/2021PRELIMINARY ORDER OF FORFEITURE AS TO SUBSTITUTE ASSETS as to (S1 16-Cr-91-1) Scott Tucker....[*** See this Preliminary Order of Forfeiture As To Substitute Assets ***]... WHEREAS, the Government is seeking the forfeiture of all of the Defendant's right, title and interest in the Substitute Assets. NOW IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT: 1. All of the Defendant's right, title and interest in the Substitute Assets is hereby forfeited to the United States of America, for disposition in accordance with the law, subject to the provisions of Title 21, United States Code, Section 853(n). 2. Upon entry of this Preliminary Order of Forfeiture of Substitute Assets, to the extent the Substitute Assets are ordered released in the FTC Action or the FTC Monitor is terminated prior to entry of the Final Order of Forfeiture, the United States (or its designee) is hereby authorized to take possession of the Substitute Assets and to keep them in its secure, custody and control. 3. Upon entry of a Final Order of Forfeiture, the Substitute Assets shall be applied towards the satisfaction of the Money Judgment entered against the Defendant....[*** See this Preliminary Order of Forfeiture As To Substitute Assets ***]... 9. The Clerk of the Court shall forward four certified copies of this Preliminary Order of Forfeiture as to Substitute Assets to Assistant United States Attorney Alexander J. Wilson, Co-Chief of the Money Laundering and Transnational Criminal Enterprises Unit, United States Attorney's Office, One St. Andrew's Plaza, New York, New York, 10007. The Clerk shall terminate the Motion (DE 446). SO ORDERED: (Signed by Judge P. Kevin Castel on 6/9/2021) [*** NOTE: The Clerk of the Court has forwarded four certified copies of this Preliminary Order of Forfeiture as to Substitute Assets to AUSA Alexander J. Wilson, via interoffice mail on 6/9/2021. ***] (bw) (Entered: 06/09/2021)
5/24/2021 MOTION for Forfeiture of Property Substitute Assets. Document filed by USA as to Scott Tucker. (Attachments: # 1 Affidavit Declaration of Agent Whitten, # 2 Text of Proposed Order Preliminary Order of Forfeiture as to Substitute Assets)(Ravi, Sagar) (Entered: 05/24/2021)
4/7/2021THIRD FINAL ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY as to Scott Tucker. (Signed by Judge P. Kevin Castel on 4/7/2021) (See ORDER set forth. Forwarded four certified copies of this Order to AUSA Alexander Wilson via interoffice mail) (ap) Modified on 4/7/2021 (ap). (Entered: 04/07/2021)
4/7/2021DECLARATION of AUSA Sagar K. Ravi in Support by USA as to Scott Tucker re: 443 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Sagar K. Ravi dated April 7, 2021 re: Third Final Order of Forfeiture as to Specific Property .. (Ravi, Sagar) (Entered: 04/07/2021)
4/7/2021 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Sagar K. Ravi dated April 7, 2021 re: Third Final Order of Forfeiture as to Specific Property . Document filed by USA as to Scott Tucker. (Attachments: # 1 Text of Proposed Order Third Final Order of Forfeiture as to Specific Property)(Ravi, Sagar) (Entered: 04/07/2021)
12/9/2020INTERNET CITATION NOTE as to Scott Tucker, Timothy Muir, Crystal Grote: Material from decision with Internet citation re: 441 Memorandum & Opinion, Terminate Motions. (sjo) (Entered: 12/09/2020)
11/24/2020 OPINION AND ORDER as to Scott Tucker. The government's motion is GRANTED in its entirety. The petitions of Kim Tucker are dismissed. The Clerk is directed to terminate the motion and the amended petition. (Docket # 424, 431.) (Signed by Judge P. Kevin Castel on 11/24/2020) (See ORDER set forth) (ap) (Entered: 11/24/2020)
10/22/2020Transmission of USCA Mandate to the District Judge re: 440 USCA Mandate. (nd) (Entered: 10/22/2020)
10/22/2020MANDATE of USCA (Certified Copy) as to Scott Tucker, Timothy Muir re: 326 Notice of Appeal, 325 Notice of Appeal. USCA Case Number 18-181(L), 18-184(CON). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/22/2020. (Attachments: # 1 Opinion)(nd) (Entered: 10/22/2020)
6/25/2020Transmission of USCA Mandate to the District Judge re: 439 USCA Mandate. (nd) (Entered: 06/25/2020)
6/24/2020MANDATE of USCA (Certified Copy) as to Scott Tucker re: 359 Notice of Appeal. USCA Case Number 18-1802. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the decision of the district court is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/24/2020. (Attachments: # 1 Opinion)(nd) (Entered: 06/25/2020)
4/22/2020 LETTER by Kim C. Tucker as to Scott Tucker addressed to [Not Addressed] from Kim Tucker dated [Not Dated] re: PETITIONER'S RULE 56.1 STATEMENT IN SUPPORT OF HER MOTION FOR A HEARING Document filed by Kim C. Tucker. (ap) (Entered: 04/23/2020)
3/16/2020TRANSFER OF JURISDICTION as to Crystal Grote. (Signed by Judge P. Kevin Castel on 3/16/2020) (Unsigned by Accepting Court) (lnl) (Entered: 03/16/2020)
3/16/2020JUDICIAL RESPONSE as to Crystal Grote. The Court Orders: Transfer of Jurisdiction to the Western District of Missouri APPROVED. (Signed by Judge P. Kevin Castel on 3/16/2020) (lnl) (Entered: 03/16/2020)
3/3/2020NOTICE of Rule 56.1 Statement in Support of Government's Motion for Summary Judgment on Third-Party Petitions of Kim Tucker. as to Scott Tucker, Timothy Muir, Crystal Grote (Ravi, Sagar) (Entered: 03/03/2020)
3/3/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Scott Tucker, Timothy Muir, Crystal Grote: Notice to Attorney Ravi, Sagar to RE-FILE Document 434 Affirmation in Support of Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. (ka) (Entered: 03/03/2020)
3/3/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIRMATION of Sagar K. Ravi in Support by USA as to Scott Tucker, Timothy Muir, Crystal Grote re 431 MOTION to Dismiss and for Summary Judgment as to Third-Party Petitions filed by Kim Tucker.. Rule 56.1 Statement. (Ravi, Sagar) Modified on 3/3/2020 (ka). (Entered: 03/03/2020)
3/3/2020MEMORANDUM in Support by USA as to Scott Tucker, Timothy Muir, Crystal Grote re 431 MOTION to Dismiss and for Summary Judgment as to Third-Party Petitions filed by Kim Tucker.. (Ravi, Sagar) (Entered: 03/03/2020)
3/3/2020DECLARATION of Sagar K. Ravi in Support by USA as to Scott Tucker, Timothy Muir, Crystal Grote re: 431 MOTION to Dismiss and for Summary Judgment as to Third-Party Petitions filed by Kim Tucker.. (Ravi, Sagar) (Entered: 03/03/2020)
3/3/2020 MOTION to Dismiss and for Summary Judgment as to Third-Party Petitions filed by Kim Tucker. Document filed by USA as to Scott Tucker, Timothy Muir, Crystal Grote. (Ravi, Sagar) (Entered: 03/03/2020)
3/3/2020***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Scott Tucker, Timothy Muir, Crystal Grote: Notice to Attorney Ravi, Sagar to RE-FILE Document 430 Memorandum in Support of Motion. ERROR(S): Link to incorrect filing of document#429. (ka) (Entered: 03/03/2020)
3/3/2020***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Scott Tucker, Timothy Muir, Crystal Grote: Notice to Attorney Ravi, Sagar to RE-FILE Document 429 MOTION to Dismiss and for Summary Judgment. ERROR(S): Filing Error of Attachments. Supporting Declaration and Rule 56.1 Statement must be filed separately.***NOTE: Separate docket entry for each. (ka) (Entered: 03/03/2020)
3/2/2020 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM in Support by USA as to Scott Tucker, Timothy Muir, Crystal Grote re 429 MOTION to Dismiss and for Summary Judgment.. (Ravi, Sagar) Modified on 3/3/2020 (ka). (Entered: 03/02/2020)
3/2/2020 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss and for Summary Judgment. Document filed by USA as to Scott Tucker, Timothy Muir, Crystal Grote. (Attachments: # 1 Affidavit Declaration of Sagar K. Ravi, # 2 Exhibit Rule 56.1 Statement)(Ravi, Sagar) Modified on 3/3/2020 (ka). (Entered: 03/02/2020)
2/10/2020SATISFACTION OF JUDGMENT as to (16-Cr-91-03) Crystal Grote re 416 Judgment. Satisfaction is acknowledged between United States of America, plaintiff, and Crystal Grote, defendant, for the fine in the amount of $10,000.00 and the special assessment in the amount of $100.00, amounting in all to the sum of $10,100.00. Judgment entered in the Judgment Book of the United States District Court for the Southern District of New York on the 12th day of September 2019. (bw) (Entered: 02/12/2020)
1/29/2020Set/Reset Deadlines as to Scott Tucker: Motions due by 3/2/2020. (jbo) (Entered: 01/29/2020)
1/29/2020MEMO ENDORSED granting 425 LETTER MOTION Extension until March 2, 2020 to file motions in response to Kim Tucker's Amended Petition as to Scott Tucker (1)...Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/29/20) (jbo) (Entered: 01/29/2020)
1/29/2020 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Sagar Ravi dated January 29, 2020 re: Extension until March 2, 2020 to file motions in response to Kim Tucker's Amended Petition. . Document filed by USA as to Scott Tucker. (Ravi, Sagar) (Entered: 01/29/2020)
1/24/2020 MOTION Amended Document filed by Scott Tucker. (jw) (Entered: 01/24/2020)
12/19/2019MEMO ENDORSEMENT as to Scott Tucker re: Mr. Ravi, informed me that I would need to amend my motion on my original hearing request as the amount I am seeking in the matter of my share of marital assets has changed. The reason is set forth below beginning in paragraph two...ENDORSEMENT...Leave to amend motion is GRANTED. File amended motion by January 15, 2020. (Signed by Judge P. Kevin Castel on 12/12/2019)(jw) (Entered: 12/20/2019)
10/18/2019ENDORSED LETTER as to Scott Tucker addressed to Judge P. Kevin Castel from Kim Tucker dated 10/17/19 re: Requesting a 60-day extension...ENDORSEMENT: Application DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/18/19)(jbo) (Entered: 10/21/2019)
10/9/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Crystal Grote. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/11/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/09/2019)
10/9/2019TRANSCRIPT of Proceedings as to Crystal Grote re: Sentence held on 9/11/19 before Judge P. Kevin Castel. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/30/2019. Redacted Transcript Deadline set for 11/12/2019. Release of Transcript Restriction set for 1/7/2020. (McGuirk, Kelly) (Entered: 10/09/2019)
10/1/2019ORDER denying 418 Motion as to Scott Tucker. Kim Tucker, spouse of defendant Scott Tucker, seeks to modify the terms of the forfeiture orders entered in this case and/or a case brought by the Federal Trade Commission to allow her to hire a lawyer to challenge the forfeiture orders in this case. The Court is without jurisdiction to modify any forfeiture ordered in the Federal Trade Commission action pending in another court. On the record presented, there is no basis to modify the forfeiture order in the present case. Ms. Tucker is pursuing a challenge to the forfeiture order in this case, but there is no constitutional or statutory right to counsel in this case. (Signed by Judge P. Kevin Castel on 9/27/2019) (jw) (Entered: 10/01/2019)
9/16/2019LETTER MOTION For The Release Of Funds To Engage Qualified Counsel. Document filed by Kim C. Tucker as to Scott Tucker. (lnl) (Entered: 09/17/2019)
9/16/2019417SEALED DOCUMENT placed in vault. (mhe) (Entered: 09/16/2019)
9/12/2019JUDGMENT IN A CRIMINAL CASE as to Crystal Grote (3), Pleaded guilty to Count(s) 1, Probation for a term of 2 Years. You may be supervised in the Western District of Missouri. Special Assessment of $100 which is due immediately. Fine of $10,000.00 (Signed by Judge P. Kevin Castel on 9/12/2019)(jw) (Entered: 09/12/2019)
9/11/2019Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 9/11/2019 for Crystal Grote (3) Count 1. Defendant, Crystal Grote present with attorney, Barry Bohrer and Andrew Gladstein. AUSA, Hagan Scotten, present. Court Reporter: Kelly Surina. Defendant is sentenced to 2 years of Probation, the fine of $10,000, and a special assessment of $100. (lnl) (Entered: 09/11/2019)
9/5/2019LETTER by Kim C. Tucker as to Scott Tucker addressed to Judge P. Kevin Castel from Kim Tucker dated August 30, 2019 re: Please disregard my letter dated August 29, 2019, regarding an extension request for interrogatory submission. The government has granted an extension. (bw) (Entered: 09/05/2019)
9/1/2019SENTENCING SUBMISSION by USA as to Crystal Grote. (Scotten, Hagan) (Entered: 09/01/2019)
8/28/2019SENTENCING SUBMISSION by Crystal Grote. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bohrer, Barry) (Entered: 08/28/2019)
8/27/2019SECOND FINAL ORDER OF FORFEITURE as to Scott Tucker. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. All right, title, and interest in the Specific Property is hereby forfeited and vested in the United States of America, and shall be disposed of according to law. 2. Pursuant to Title 21, United States Code, Section 853(n)(7), the United States of America shall and is hereby deemed to have clear title to the Specific Property. 3. The United Department of Treasury (or its designee) shall take possession of the Specific Property and dispose of the same according to law, in accordance with Title 21, United States Code, Section 853(h). 4. The Clerk of the Court shall forward four certified copies of this Final Order of Forfeiture to Assistant United States Attorney Alexander Wilson, Co-Chief, Money Laundering and Transnational Criminal Enterprises Unit, United States Attorney's Office, Southern District of New York, One St. Andrew's Plaza, New York, New York 10007. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/27/19) [Certified copies sent to AUSA.] (jbo) (Entered: 08/27/2019)
8/16/2019SECOND FINAL ORDER OF FORFEITURE as to (S1-16-Cr-91-01) Scott Tucker....[See this Second Final Order of Forfeiture]... NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. All right, title, and interest in the Specific Property is hereby forfeited and vested in the United States of America, and shall be disposed of according to law and the court orders referenced above. 2.Pursuant to Title 21, United States Code, Section 853(n)(7), the United States of America shall and is hereby deemed to have clear title to the Specific Property. 3. The United Department of Treasury (or its designee) shall take possession of the Specific Prope1iy and dispose of the same according to law, in accordance with Title 21, United States Code, Section 853(h). 4. The Clerk of the Court shall forward four certified copies of this Final Order of Forfeiture to Assistant United States Attorney Alexander Wilson, Co-Chief, Money Laundering and Transnational Criminal Enterprises Unit, United States Attorney's Office, Southern District of New York, One St. Andrew's Plaza, New York, New York 10007. SO ORDERED: (Signed by Judge P. Kevin Castel on 8/16/2019) [*** NOTE: The Clerk of the Court has forwarded four certified copies of this Final Order of Forfeiture to AUSA Alexander Wilson, by interoffice mail on 8/16/2019. ***](bw) (Entered: 08/16/2019)
8/9/2019 LETTER MOTION addressed to Judge P. Kevin Castel from Assistant United States Attorney Sagar Ravi dated August 9, 2019 . Document filed by USA as to Scott Tucker. (Attachments: # 1 Text of Proposed Order Second Final Order of Forfeiture)(Ravi, Sagar) (Entered: 08/09/2019)
7/26/2019MEMO ENDORSEMENT granting 407 LETTER MOTION To request that Ms. Grote's bail conditions be modified to permit her to travel from her home in Cleveland, Missouri to Denver, Colorado during the days between August 4, 2019 and August 10, 2019 for business matters...ENDORSEMENT..Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/26/19) (jw) (Entered: 07/26/2019)
7/26/2019 LETTER MOTION addressed to Judge P. Kevin Castel from Barry A. Bohrer dated July 26, 2019 re: Modifying Crystal Grote's Bail Conditions . Document filed by Crystal Grote. (Bohrer, Barry) (Entered: 07/26/2019)
7/24/2019STIPULATION AND ORDER as to Scott Tucker re: 405 Letter filed by USA. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: The Government acknowledges that FFS has a first priority secured lien on the Subject Vehicle and consents to the sale of the Subject Vehicle and distribution of proceeds in accordance with the terms of this Stipulation and Order. Upon the sale of the Subject Vehicle, the Internal Revenue Service (the "IRS") and/or its designee shall transfer the sum of $338,842.09 from the Net Proceeds (as defined below) from the sale of the Subject Vehicle (the "Settlement Amount") to FFS in a manner consistent with the ACH Vendor Enrollment Form to be completed by FFS through its attorney, Cliff A. Katz, Esq. The Settlement Amount shall be payable from the Net Proceeds (as defined below) from the sale of the Subject Vehicle and shall have priority in distribution before any amounts are paid to the Government, IRS or any other party assetting an interest in the Net Proceeds from the sale of the Subject Vehicle. (Signed by Judge P. Kevin Castel on 7/22/19)(jw) (Entered: 07/24/2019)
7/19/2019Set/Reset Deadlines as to Scott Tucker: Deposition due by 1/3/2020. Discovery due by 1/3/2020. Interrogatories due by 8/2/2019. Request for Production of Documents due by 8/2/2019. (jbo) (Entered: 07/19/2019)
7/19/2019 LETTER by USA as to Scott Tucker addressed to Judge P. Kevin Castel from AUSA Sagar K. Ravi dated July 19, 2019 re: Stipulation and Order re Petition of Ferrari Financial Services. Document filed by USA. (Ravi, Sagar) (Entered: 07/19/2019)
7/19/2019MEMO ENDORSEMENT on 400 Letter re: Government Response to Kim Tucker Petition as to Scott Tucker...ENDORSEMENT: The schedule is APPROVED. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/19/19)(jbo) (Entered: 07/19/2019)
7/11/2019STIPULATION AND ORDER as to (S1-16-Cr-91-01) Scott Tucker, Defendant; SpiritJets LLC, Petitioner....[See this Stipulation and Order]... WHEREAS, the Government and SpiritJets have agreed to settle the Petition without further litigation; NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. The Internal Revenue Service (the "IRS") and/or its designee shall transfer $100,390.88 of the Substitute Res (the "Settlement Amount") to SpiritJets in a manner consistent with the ACH Vendor Enrollment Form to be completed by SpiritJets through its attorney, Thomas E. Lowther, Esq.; 2. SpiritJets hereby withdraws any claims to the Substitute Res. 3. SpiritJets is hereby barred from assertting, or assisting others in asserting, any claim against the United States of America ("USA"), the IRS, the Department of Justice ("DOJ"), the U.S. Attorney's Office for the Southern District of New York ("USAO-SDNY"), or any agents and employees of the USA, the IRS, the DOJ, or the USAO-SDNY, in connection with or arising out of the seizure, restraint, and/or constructive possession of the Learjet, including, but not limited to, any claim that there was no probable cause to seize and/or forfeit the Learjet, that SpiritJets is a prevailing party, or that SpiritJets is entitled to attorney's fees or any award of interest. 4.SpiritJets agrees to hold harmless the USA, the IRS, the DOJ, and the USAO-SDNY, as well as any and all employees, officers, and agents of the USA, the IRS, the DOJ, and the USAO-SDNY, from any and all claims in connection with or arising out of the seizure, restraint, and/or constructive possession of the Learjet. 5.SpiritJets hereby agrees to waive all rights to appeal or otherwise challenge or contest the validity of this Stipulation and Order. 6. Each patty shall bear its own costs and attorney's fees. 7. This Stipulation and Order may be executed in counterparts, each of which shall constitute an original as against the patty whose signature appears on it. All executed counterparts shall be deemed to be one and the same instrument. This Stipulation and Order shall become binding when one or more counterparts, individually or taken together, bears the signature of all parties. 8. A facsimile or electronic image of the original signature of any party executing this Stipulation and Order shall be deemed an original signature and shall constitute an original as against the party whose signature appears in the facsimile or electronic image. SO ORDERED: (Signed by Judge P. Kevin Castel on 7/10/2019)(bw) (Entered: 07/11/2019)
7/10/2019 LETTER by Kim C. Tucker as to Scott Tucker addressed to Judge P. Kevin Castel dated 7/6/19 re: Letter from Kim Tucker (jw) (Entered: 07/10/2019)
7/5/2019 LETTER by USA as to Scott Tucker addressed to Judge P. Kevin Castel from AUSA Sagar K. Ravi dated July 5, 2019 re: Entry of Stipulation and Order to Resolve SpiritJets Petition. Document filed by USA. (Ravi, Sagar) (Entered: 07/05/2019)
7/3/2019 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from AUSA Sagar K. Ravi dated July 2, 2019 re: Government Response to Kim Tucker Petition. Document filed by USA. (Ravi, Sagar) (Entered: 07/03/2019)
6/26/2019ORDER of USCA (Certified Copy) as to Scott Tucker, Timothy Muir re: 325 Notice of Appeal, 326 Notice of Appeal. USCA Case Number 18-181 (L), 18-184 (Con). Defendant-Appellant Timothy Muir, pro se, moves for bail pending appeal. The Government opposes the motion. Upon due consideration, it is hereby ORDERED that the motion for bail is DENIED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 06/26/2019. (nd) (Entered: 06/26/2019)
6/10/2019ORDER as to Scott Tucker. The Court received a "Notice of Motion To Request Forfeiture Hearing" (the "Motion") from Kim C. Tucker which was dated March 26, 2019. On April 3, 2019, the Court reviewed the Motion and noticed that the exhibits and some of the content of the text of the attached "Petition" contained financial and personal information of Ms. Tucker's that need not be on the public record; accordingly, in deference to Ms. Tucker's privacy interests, the Court redacted certain information from the text and ordered all of the exhibits sealed. (Doc 388.) Ms. Tucker states that her "petition letter and exhibits" were previously "submitted" to the U.S. Attorney's Office. It does not appear, however, that Ms. Tucker served the one page Motion on the government. The government shall respond to the Motion within 21 days stating whether it consents to a hearing and its view of the appropriate scope and burden of proof at such a hearing. Ms. Tucker may reply within 7 days thereafter. MS. KIM C. TUCKER SHOULD CONSIDER RETAINING AN ATTORNEY TO REPRESENT HER ON THIS MATTER. SHE IS INVITED TO CONTACT THE COURT'S PRO SE OFFICE FOR CERTAIN ASSISTANCE ON THE MANNER OF FILING PAPERS. The Clerk shall note Ms. Tucker's appearance on the docket (contact information appears on Doc. 388.) SO ORDERED. (Signed by Judge P. Kevin Castel on 6/10/19)(jbo) (Entered: 06/11/2019)
6/10/2019Set/Reset Deadlines/Hearings as to Crystal Grote: Sentencing set for 9/11/2019 at 11:00 AM before Judge P. Kevin Castel (jw) (Entered: 06/10/2019)
6/10/2019MEMO ENDORSEMENT granting 396 LETTER MOTION Reschedule Sentencing as to Crystal Grote...ENDORSEMENT...Sentencing adjourned from July 3 to September 11, 2019 at 11:00am. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/10/19) (jw) (Entered: 06/10/2019)
6/5/2019 LETTER MOTION addressed to Judge P. Kevin Castel from Barry A. Bohrer dated June 5, 2019 re: Adjournment of Sentencing Date . Document filed by Crystal Grote. (Bohrer, Barry) (Entered: 06/05/2019)
5/21/2019STIPULATION AND ORDER as to Scott Tucker: I. The Internal Revenue Service (the "IRS") and/or its designee shall transfer $12,315.02 of the Substitute Res (the "Settlement Amount") to TAC Air in a manner consistent with the ACH Vendor Enrollment Form to be completed by TAC Air through its attorney, William S. Hackney, Esq. (Signed by Judge P. Kevin Castel on 5/21/2019) (See STIPULATION AND ORDER as set forth) (lnl) (Entered: 05/22/2019)
5/21/2019STIPULATION AND ORDER as to Scott Tucker: 1. The Internal Revenue Service (th "IRS") and/or its designee shall transfer $72, 1J2. 76 of the Substitute Res (the "Settlement Amount") to Jetcorp in a manner consistent with the ACH Vendor Enrollment Form to be completed by Jetcorp through its attorney, William S. Hackney, Esq. (Signed by Judge P. Kevin Castel on 5/21/2019) (See STIPULATION AND ORDER as set forth) (lnl) (Entered: 05/22/2019)
5/20/2019 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Sagar K. Ravi dated May 20, 2019 re: Entry of Stipulation and Order to Resolve TAC Air Petition . Document filed by USA as to Scott Tucker, Timothy Muir, Crystal Grote. (Ravi, Sagar) (Entered: 05/20/2019)
5/20/2019 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Sagar K. Ravi dated May 20, 2019 re: Entry of Stipulation and Order to Resolve JetCorp Petition . Document filed by USA as to Scott Tucker, Timothy Muir, Crystal Grote. (Ravi, Sagar) (Entered: 05/20/2019)
5/6/2019MEMO ENDORSEMENT granting 390 LETTER MOTION filed by Crystal Grote (3), addressed to Judge P. Kevin Castel from Attorney Barry A. Bohrer dated May 3, 2019 re: Modifying Crystal Grote's Bail Conditions. We write to respectfully request that Ms. Grote's bail conditions be modified to permit her and her husband and children to travel from her home in Cleveland, Missouri to to Ft. Lauderdale, Orlando and Clearwater, Florida during the days between May 28,2019 and June 8, 2019 for personal and family-related matters. ENDORSEMENT: Application Granted. So Ordered: (Signed by Judge P. Kevin Castel on 5/6/2019) (bw) (Entered: 05/06/2019)
5/3/2019 LETTER MOTION addressed to Judge P. Kevin Castel from Barry A. Bohrer dated May 3, 2019 re: Modifying Crystal Grote's Bail Conditions . Document filed by Crystal Grote. (Bohrer, Barry) (Entered: 05/03/2019)
4/9/2019389SEALED DOCUMENT placed in vault. (rz) (Entered: 04/09/2019)
4/3/2019MEMO ENDORSEMENT as to Scott Tucker re: Notice of Motion To Request Forfeiture Hearing...ENDORSEMENT...All exhibits are redacted and are filed under seal. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/3/2019)(jw) (Entered: 04/03/2019)
3/27/2019ORDER 385 Motion as to Timothy Muir. By motion filed March 15, 2019, Defendant Timothy Muir has moved for bail pending appeal. Muir was convicted by the jury on all 14 counts of the indictment. The Court imposed a sentence of principally 84 months imprisonment. Muir was permitted to self-surrender to serve his sentence. The motion (Doc 385) is DENIED. (Signed by Judge P. Kevin Castel on 3/27/19) (jw) (Entered: 03/27/2019)
3/26/2019MEMO ENDORSEMENT granting 372 Motion to Withdraw as Attorney. Marc Antony Agnifilo withdrawn from case as to Timothy Muir...ENDORSEMENT...Motion Granted. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/26/19) (jw) (Entered: 03/26/2019)
3/15/2019 MOTION For Release Pending Appeal Document filed by Timothy Muir. (jw) (Entered: 03/18/2019)
3/13/2019ORDER of USCA (Certified Copy) as to Timothy Muir re: 325 Notice of Appeal. USCA Case Number 18-181(L). Defendant-Appellant Timothy Muir, pro se, moves for bail pending appeal. The Government opposes the motion. Upon due consideration, it is hereby ORDERED that the motion for bail is DENIED without prejudice to a bail motion in the district court in the first instance. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 03/13/2019. (nd) (Entered: 03/13/2019)
3/8/2019Set/Reset Deadlines/Hearings as to Crystal Grote: Sentencing set for 7/3/2019 at 11:00 AM before Judge P. Kevin Castel (jw) (Entered: 03/08/2019)
3/8/2019MEMO ENDORSEMENT granting 381 LETTER MOTION Reschedule Sentencing as to Crystal Grote....ENDORSEMENT...Sentencing set for July 3, 2019 at 11:00am. SO ORDERED.. (Signed by Judge P. Kevin Castel on 3/8/2019) (jw) (Entered: 03/08/2019)
3/8/2019STIPULATION AND ORDER as to Scott Tucker. IT IS HEREBY STIPULATED AND AGREED, by and between Geoffrey S. Berman, United States Attorney for the Southern District of New York, by and through Assistant United States Attorney Sagar K. Ravi, and the defendant Scott Tucker and his wife, Kim C. Tucker, by and through their attorney, James Roth, Esq., that the United States (or its designee) is hereby authorized to take possession of the Subject Property and to hold such property in its secure custody and control. The United States (or its designee) is hereby permitted to rent the Subject Property on a month-to month basis, pending the outcome of the Appeal. (Signed by Judge P. Kevin Castel on 3/8/2019)(jw) (Entered: 03/08/2019)
3/7/2019 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated March 8, 2019 re: Request to Order PSR and Set Sentencing Date . Document filed by USA as to Crystal Grote. (Scotten, Hagan) (Entered: 03/07/2019)
3/7/2019 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Sagar K. Ravi dated March 7, 2019 re: Entry of Stipulation and Order Regarding Real Property. . Document filed by USA as to Scott Tucker. (Ravi, Sagar) (Entered: 03/07/2019)
3/6/2019ORDER as to (S1-16-Cr-91-01) Scott Tucker. Defendant Tucker has moved for bail pending appeal by letter dated February 26, 2019. Tucker was convicted on all 14 counts of the indictment. The guideline range in the presentence report was 2,200 months imprisonment, which was adopted by the Court. Probation recommended a sentence of principally 336 months imprisonment. The Court imposed a sentence of principally 200 months imprisonment. He was remanded at the time of sentencing on January 5, 2018. I have examined Tucker's present application through the lens of the requirements of 18 U.S.C. § 3143(b)(1) and controlling precedents interpreting section 3143(b)(1). See, e.g. United States v. Randell, 761 F.2d 122, 124 (2d Cir. 1985). For the purpose of the motion, I assume without deciding that he is not likely to flee or pose a danger to the safety of any other person or the community if released and that his appeal is not for the purpose of delay. There remains the question of whether his appeal raises a substantial question of law or fact. Tucker's appellate counsel has submitted his briefs and the brief of the government to the Court for review. Having reviewed the briefing in the Court of Appeals in light of the record of the proceedings in the district court, I conclude the appeal does not raise a substantial question of fact or law. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/6/2019)(bw) (Entered: 03/06/2019)
2/27/2019 LETTER MOTION addressed to Judge P. Kevin Castel from Beverly Van Ness dated 02/26/2019 re: release on bail pending appeal . Document filed by Scott Tucker. (Attachments: # 1 Exhibit Tucker brief on appeal, # 2 Exhibit Government brief on appeal, # 3 Exhibit Tucker reply brief)(Van Ness, Beverly) (Entered: 02/27/2019)
2/27/2019NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Scott Tucker: Notice to Attorney Van Ness, Beverly to RE-FILE Document 377 MOTION for Release from Custody. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 02/27/2019)
2/26/2019 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Release from Custody . Document filed by Scott Tucker. (Attachments: # 1 Exhibit Tucker appeal brief, # 2 Exhibit Government opposing brief, # 3 Exhibit Tucker reply brief)(Van Ness, Beverly) Modified on 2/27/2019 (ka). (Entered: 02/26/2019)
2/22/2019FIRST FINAL ORDER OF FORFEITURE as to Scott Tucker. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT All right, title, and interest in the Specific Properties are hereby forfeited and vested in the United States of America, and shall be disposed of according to law. Pursuant to Title 21, United States Code, Section 853(n)(7) the United States of America shall and is hereby deemed to have clear title to the Specific Properties. The United States Department of Treasury (or its designee) shall take possession of the Specific Properties and dispose of the same according to law, in accordance with Title 21, United States Code, Section 853(h). (Signed by Judge P. Kevin Castel on 2/21/19)(jw) (Entered: 02/22/2019)
2/20/2019 LETTER MOTION addressed to Judge P. Kevin Castel from Assistant United States Attorney Sagar Ravi dated February 20, 2019 . Document filed by USA as to Scott Tucker. (Attachments: # 1 Text of Proposed Order First Final Order of Forfeiture)(Ravi, Sagar) (Entered: 02/20/2019)
2/20/2019SERVICE BY PUBLICATION as to Scott Tucker. A Notice of Criminal Forfeiture was published in the www.forfeiture.gov on April 24, 2018 through May 23, 2018. Document filed by USA as to Scott Tucker. (Ravi, Sagar) (Entered: 02/20/2019)
12/18/2018AFFIRMATION of Marc Agnifilo in Support as to Timothy Muir re 372 MOTION for Marc Agnifilo to Withdraw as Attorney .. (Agnifilo, Marc) (Entered: 12/18/2018)
12/18/2018 MOTION for Marc Agnifilo to Withdraw as Attorney . Document filed by Timothy Muir. (Agnifilo, Marc) (Entered: 12/18/2018)
12/18/2018***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Timothy Muir: Notice to Attorney Agnifilo, Marc to RE-FILE Document 371 MOTION for Marc Agnifilo to Withdraw as Attorney. ERROR(S): Filing Error of Attachment#1 Affirmation. Affirmation must be filed individually. Event code located under Replies, Opposition & Supporting Documents or Other Documents***SEPARATE DOCKET ENTRY FOR EACH. (ka) (Entered: 12/18/2018)
12/17/2018 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Marc Agnifilo to Withdraw as Attorney . Document filed by Timothy Muir. (Attachments: # 1 Affidavit)(Agnifilo, Marc) Modified on 12/18/2018 (ka). (Entered: 12/17/2018)
11/16/2018 MEMORANDUM OF LAW in Support by Ferrari Financial Services Inc. as to Scott Tucker With Respect To Its Petition In Response to Forfeiture Order. (Katz, Clifford) (Entered: 11/16/2018)
11/16/2018 PETITION IN RESPONSE TO FORFEITURE ORDER by Ferrari Financial Services Inc. as to Scott Tucker . (Attachments: # 1 Exhibit "A" Retail Installment Contract, # 2 Exhibit "B" UCC, # 3 Exhibit "C" Petition)(Katz, Clifford) (Entered: 11/16/2018)
11/16/2018ENDORSED LETTER as to (16-Cr-91-01) Scott Tucker addressed to Judge P. Kevin Castel from Clifford A. Katz dated November 13, 2018 re: This firm represents Ferrari Financial Services, Inc. ("Ferrari") a creditor of Scott Tucker, defendant in the above referenced criminal case. Ferrari wishes to submit a Petition for Hearing to Adjudicate an Interest in Response to this Court's Forfeiture Order (the "Petition"). Ferrari has been identified and included as an interested party on this Court's ECF filing system with respect to this criminal case and respectfully applies to this Court for authority to file the above referenced Petition. ENDORSEMENT: File petition within 14 days. SO ORDERED: (Signed by Judge P. Kevin Castel on 11/16/2018)(bw) (Entered: 11/16/2018)
11/13/2018Attorney update in case as to Timothy Muir (2). Attorney Thomas J. Bath terminated. (bw) (Entered: 11/14/2018)
11/13/2018MEMO ENDORSEMENT as to Timothy Muir (2) granting 365 MOTION for Thomas J. Bath, Jr. to Withdraw as Attorney. Document filed by Timothy Muir. ENDORSEMENT: Without the opposition, the motion is GRANTED. SO ORDERED: (Signed by Judge P. Kevin Castel on 11/13/2018) (bw) (Entered: 11/14/2018)
11/13/2018 LETTER MOTION addressed to Judge P. Kevin Castel from Clifford A. Katz dated November 13, 2018 re: Authority to File A Petition for Hearing to Adjudicate an Interest in Response to Forfeiture Order . Document filed by Ferrari Financial Services Inc. as to Scott Tucker. (Katz, Clifford) (Entered: 11/13/2018)
10/23/2018 MOTION for Thomas J. Bath, Jr. to Withdraw as Attorney . Document filed by Timothy Muir. (Bath, Thomas) (Entered: 10/23/2018)
9/4/2018MEMO ENDORSEMENT as to (S2-16-Cr-91-03) Crystal Grote on re: 363 LETTER MOTION filed by USA, addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated September 2, 2018 re: Adjournment of Sentencing Date. ENDORSEMENT: Sentencing Adjourned from 9/4/18 to 3/8/19 at 11 a.m. SO ORDERED: (Signed by Judge P. Kevin Castel on 9/4/2018)(bw) (Entered: 09/04/2018)
9/2/2018 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated September 2, 2018 re: Adjournment of Sentencing Date . Document filed by USA as to Crystal Grote. (Scotten, Hagan) (Entered: 09/02/2018)
7/19/2018 MEMORANDUM OF LAW in Support by SpiritJets LLC as to Scott Tucker, Timothy Muir, Crystal Grote re: 361 Petition in Response to Forfeiture Order, filed by SpiritJets LLC . (Braswell, David) (Entered: 07/19/2018)
7/19/2018 PETITION IN RESPONSE TO FORFEITURE ORDER by SpiritJets LLC as to Scott Tucker, Timothy Muir, Crystal Grote . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Braswell, David) (Entered: 07/19/2018)
6/14/2018NOTICE OF ATTORNEY APPEARANCE: William Silas Hackney appearing for Truman Arnold Companies Associates. Appearance Type: Retained. (Hackney, William) Modified on 6/14/2018 (ft). (Entered: 06/14/2018)
6/14/2018Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Scott Tucker re: 359 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 06/14/2018)
6/14/2018Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Scott Tucker to US Court of Appeals re: 359 Notice of Appeal. (nd) (Entered: 06/14/2018)
6/14/2018NOTICE OF APPEAL by Scott Tucker from 358 Order on Motion to Stay,. (nd) (Entered: 06/14/2018)
6/11/2018ORDER denying 355 Motion to Stay as to Scott Tucker (1). The Court, applying the factors in United States v. Silver, as well as the balance of the equities concludes that the likelihood of success on appeal is low. The stay is DENIED, except forfeiture of the residence at 2405 W. 114th Street, Leawood, KS which is STAYED pending the outcome of the appeal. (Signed by Judge P. Kevin Castel on 6/11/2018) (ft) (Entered: 06/12/2018)
6/8/2018 PETITION IN RESPONSE TO FORFEITURE ORDER by Truman Arnold Companies as to Scott Tucker, Timothy Muir, Crystal Grote and United States. (Attachments: # 1 Supplement Memorandum of Law in Support of Petition for Hearing, # 2 Exhibit Exhibit A - SpiritJets Agreement, # 3 Exhibit Exhibit B - Spirit Jets Invoices, # 4 Exhibit Exhibit C - TAC Air Storage Invoices, # 5 Exhibit Exhibit D - TAC Air Notice of Lien to Federal Aviation Administration)(Hackney, William) (Entered: 06/08/2018)
6/6/2018AFFIRMATION in Support as to Scott Tucker re 355 MOTION to Stay Execution of Forfeiture Order.. (Ginsberg, Lee) (Entered: 06/06/2018)
6/6/2018 MOTION to Stay Execution of Forfeiture Order. Document filed by Scott Tucker. (Ginsberg, Lee) (Entered: 06/06/2018)
6/6/2018NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Scott Tucker: Notice to Attorney Ginsberg, Lee to RE-FILE Document 354 Affidavit in Support of Motion. Use the event type Affirmation in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ka) (Entered: 06/06/2018)
6/6/2018 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT in Support as to Scott Tucker re 353 MOTION to Stay Execution of Forfeiture Order.. (Ginsberg, Lee) Modified on 6/6/2018 (ka). (Entered: 06/06/2018)
6/6/2018 MOTION to Stay Execution of Forfeiture Order. Document filed by Scott Tucker. (Ginsberg, Lee) (Entered: 06/06/2018)
6/6/2018***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Scott Tucker: Notice to Attorney Ginsberg, Lee to RE-FILE Document 352 MOTION to Stay Execution of Forfeiture Order.. ERROR(S): Filing Error Attachment#1. Supporting Affirmation must be filed individually. Event code located under Replies, Opposition and Supporting documents. ***NOTE: Separate docket entry for each. (ka) (Entered: 06/06/2018)
6/5/2018 MOTION to Stay Execution of Forfeiture Order. Document filed by Scott Tucker. (Attachments: # 1 Affirmation of Lee Ginsberg)(Ginsberg, Lee) (Entered: 06/05/2018)
6/4/2018 PETITION IN RESPONSE TO FORFEITURE ORDER by Jetcorp Technical Services, Inc. as to Scott Tucker, Timothy Muir, Crystal Grote and USA. (Attachments: # 1 Supplement Memorandum of Law In Support of Petition in Response to Preliminary Order of Forfeiture, # 2 Exhibit Exhibit A - Invoices, # 3 Exhibit Exhibit B - Standard Terms and Conditions, # 4 Exhibit Exhibit C - Invoices with Interest and Fees, # 5 Exhibit Exhibit D - Written Acknowledgment, # 6 Exhibit Exhibit E - Johnson County, Kansas Notice of Lien, # 7 Exhibit Exhibit F - St. Louis County, Missouri Notice of Lien, # 8 Exhibit Exhibit G - Federal Aviation Administration Notice of Lien)(Hackney, William) (Entered: 06/04/2018)
5/30/2018ENDORSED LETTER as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from Zachary R. McMichael dated 5/25/2018 re: Adding of parties. ENDORSEMENT: Application to file is GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/30/2018)(ft) (Entered: 05/30/2018)
5/25/2018ENDORSED LETTER as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from Zachary R. McMichael dated 5/25/2018 re: Adding of parties. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/24/2018)(ft) (Entered: 05/25/2018)
5/14/2018Set/Reset Deadlines/Hearings as to Crystal Grote: Sentencing set for 9/4/2018 at 03:00 PM before Judge P. Kevin Castel (jw) (Entered: 05/14/2018)
5/14/2018MEMO ENDORSEMENT 347 LETTER MOTION Reschedule Sentencing as to Crystal Grote...ENDORSEMENT...Sentencing adjourned from May 17, 2018 to September 4, 2018 at 3:00pm. (Signed by Judge P. Kevin Castel on 5/11/18) (jw) (Entered: 05/14/2018)
5/10/2018 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated May 10, 2018 re: Adjournment of Sentencing . Document filed by USA as to Crystal Grote. (Scotten, Hagan) (Entered: 05/10/2018)
5/3/2018NOTICE of Change of Address as to Crystal Grote. New Address: Schulte Roth & Zabel LLP, 919 Third Avenue, New York, NY, USA 10022, 2127562000. (Yaeger, Michael) (Entered: 05/03/2018)
4/25/2018MEMO ENDORSEMENT as to Scott Tucker, Timothy Muir, Crystal Grote on 343 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from AUSA Niketh Velamoor dated March 26, 2018 re: Tucker Forfeiture. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge P. Kevin Castel on 4/25/2018) (lnl) (Entered: 04/25/2018)
4/17/2018AMENDED PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Scott Tucker. (Signed by Judge P. Kevin Castel on 4/16/2018) (See ORDER as set forth) (Three (3) certified copies of this ORDER have been forwarded to AUSA Alexander J. Wilson via interoffice mail) (lnl) (Entered: 04/17/2018)
3/26/2018 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from AUSA Niketh Velamoor dated March 26, 2018 re: Tucker Forfeiture Document filed by USA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Velamoor, Niketh) (Entered: 03/26/2018)
3/16/2018 LETTER by Scott Tucker addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 03/16/2018 re: Response to the Government's Forfeiture Submission (Ginsberg, Lee) (Entered: 03/16/2018)
3/2/2018ORDER granting 340 LETTER MOTION as to Scott Tucker (1). Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/2/2018) (ft) (Entered: 03/02/2018)
3/1/2018 LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 3/1/2018 re: Extension of time to file Response . Document filed by Scott Tucker. (Ginsberg, Lee) (Entered: 03/01/2018)
2/14/2018ENDORSED LETTER as to Scott Tucker addressed to Judge P. Kevin Castel from Attorney Lee A. Ginsberg dated February 13, 2018 re: We write to request an opportunity to respond to the Government's submission of Friday, February 9, 2018, D.E. 334. ENDORSEMENT: The Preliminary Orders of Forfeiture entered February 13, 2018 ( 336 and 337 ) are stayed. Defense response due March 2, any reply by the government due March 9. SO ORDERED: (Signed by Judge P. Kevin Castel on 2/13/2018)(bw) (Entered: 02/14/2018)
2/13/2018 LETTER MOTION addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 02/13/2018 re: Permission to file response to Government's forfeiture submission . Document filed by Scott Tucker. (Ginsberg, Lee) (Entered: 02/13/2018)
2/13/2018PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Timothy Muir. (Signed by Judge P. Kevin Castel on 2/12/2018) (See ORDER as set forth) (Three (3) certified copies of this ORDER have been forwarded to AUSA Alexander J. Wilson via interoffice mail) (lnl) (Entered: 02/13/2018)
2/13/2018PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Scott Tucker. (Signed by Judge P. Kevin Castel on 2/12/2018) (See ORDER as set forth) (Three (3) certified copies of this ORDER have been forwarded to AUSA Alexander J. Wilson via interoffice mail) (lnl) (Entered: 02/13/2018)
2/13/2018MEMO ENDORSEMENT on 334 LETTER MOTION addressed to Judge P. Kevin Castel from Niketh Velamoor dated February 9, 2018 re: Restitution and Forfeiture Orders. ENDORSEMENT: For the reasons stated in the government's letter of February 9, 2018, the Court will not enter an order of restitution but will enter the two (Ex A and B) forfeiture orders. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/12/2018) (lnl) (Entered: 02/13/2018)
2/9/2018 LETTER MOTION addressed to Judge P. Kevin Castel from Niketh Velamoor dated February 9, 2018 re: Restitution and Forfeiture Orders . Document filed by USA as to Scott Tucker, Timothy Muir, Crystal Grote. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Velamoor, Niketh) (Entered: 02/09/2018)
2/2/2018TRANSCRIPT REQUEST by Scott Tucker for a Trial proceeding held on 10/13/17 before Judge P. Kevin Castel re: 326 Notice of Appeal - Final Judgment. Transcript due by 2/12/2018. (Ginsberg, Lee) (Entered: 02/02/2018)
1/31/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Sentence proceeding held on 1/5/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/31/2018)
1/31/2018TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Sentence held on 1/5/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/21/2018. Redacted Transcript Deadline set for 3/5/2018. Release of Transcript Restriction set for 5/1/2018. (McGuirk, Kelly) (Entered: 01/31/2018)
1/29/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Sentence proceeding held on 1/5/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/29/2018)
1/29/2018TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Sentence held on 1/5/18 before Judge P. Kevin Castel. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2018. Redacted Transcript Deadline set for 3/1/2018. Release of Transcript Restriction set for 4/30/2018. (McGuirk, Kelly) (Entered: 01/29/2018)
1/24/2018MEMO ENDORSEMENT as to (16-Cr-91-01) Scott Tucker on re: 327 LETTER MOTION filed by Scott Tucker, addressed to Judge P. Kevin Castel from Attorney Lee A. Ginsberg dated 01/23/2018 re: Amend Judgment to Include Recommendation to BOP. We write to request that the Court amend the Judgment in a Criminal Case as to Scott Tucker to include a recommendation to the Bureau of Prisons to have Mr. Tucker designated to FCI Englewood in Littleton, Colorado. ENDORSEMENT: OK. The Court so recommends to the Bureau of Prisons. Defense counsel may communicate to the BOP the Court's adoption of its revised recommendation proposal. SO ORDERED: (Signed by Judge P. Kevin Castel on 1/23/2018)(bw) (Entered: 01/24/2018)
1/23/2018 LETTER MOTION addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 01/23/2018 re: Amend Judgment to Include Recommendation to BOP . Document filed by Scott Tucker. (Ginsberg, Lee) (Entered: 01/23/2018)
1/19/2018Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Scott Tucker re: 326 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (nd) (Entered: 01/19/2018)
1/19/2018Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Scott Tucker to US Court of Appeals re: 326 Notice of Appeal - Final Judgment. (nd) (Entered: 01/19/2018)
1/19/2018NOTICE OF APPEAL by Scott Tucker from 322 Judgment. [CJA appointed counsel].(nd) (Entered: 01/19/2018)
1/19/2018Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Timothy Muir re: 325 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (nd) (Entered: 01/19/2018)
1/19/2018Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Timothy Muir to US Court of Appeals re: 325 Notice of Appeal - Final Judgment. (nd) (Entered: 01/19/2018)
1/19/2018NOTICE OF APPEAL by Timothy Muir from 323 Judgment. Filing fee $ 505.00, receipt number 465401200022. (nd) (Entered: 01/19/2018)
1/5/2018JUDGMENT IN A CRIMINAL CASE as to Timothy Muir (2). IMPRISONMENT: 84 months on Counts 1-9 and 12 months on Counts 10-14, to run concurrently. The court makes the following recommendations to the Bureau of Prisons: the defendant serve in sentence at Leavenworth Camp in Leavenworth, Kansas. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 2/27/2018, or if none designated to the District of Kansas. SUPERVISED RELEASE: 3 years. SPECIAL ASSESSMENT: $100.00 due immediately. The defendant shall forfeit the defendant's interest in the following property to the United States: Ordered. (Signed by Judge P. Kevin Castel on 1/5/2018) (lnl) (Entered: 01/08/2018)
1/5/2018DISMISSAL OF COUNTS on Government Motion as to Timothy Muir (2) Count 1,2,3,4,5-9. (lnl) (Entered: 01/08/2018)
1/5/2018Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 1/5/2018 for Timothy Muir (2) Count 1s,2s-4s,5s,6s,7s,8s-9s,10s-14s. Defendant Timothy Muir is present with atty. Thomas Bath. AUSA, Niketh Velamoor, Hagan Scotten and Sagar Ravi, present. Randy Praiswater Special Agent IRS present. Court Reporter: Karen Gorlaski. Court Deputy: Florence Nacanther. Defendant Timothy Muir is sentenced to 84 months imprisonment, 3 years supervised release, the fine is waived, restitution and forfeiture ordered to be submitted within (90 days) and a special assessment of $1,025. Surrender Date: to the designated institution or if none, to the District of Kansas. (lnl) (Entered: 01/08/2018)
1/5/2018JUDGMENT IN A CRIMINAL CASE as to Scott Tucker (1). The defendant was found guilty on counts: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14. IMPRISONMENT: 200 months on Counts 1-9 and 12 months on Counts 10-14, to run concurrently. The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 3 years. SPECIAL ASSESSMENT: $1,025.00 due immediately. FINE: $25,000.00. (Signed by Judge P. Kevin Castel on 1/5/2018) (lnl) (Entered: 01/08/2018)
1/5/2018DISMISSAL OF COUNTS on Government Motion as to Scott Tucker (1) Count 1,2,3,4,5-9. (lnl) (Entered: 01/08/2018)
1/5/2018Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 1/5/2018 for Scott Tucker (1) Count 1s,2s-4s,5s,6s,7s,8s-9s,10s-14s. Defendant Scott Tucker is present with attys, Lee Ginsberg and James Roth. AUSA, Niketh Velamoor, Hagan Scotten and Sagar Ravi, present. Randy Praiswater Special Agent IRS present. Court Reporter: Karen Gorlaski. Court Deputy: Florence Nacanther. Defendant Scott Tucker is sentenced to 200 months imprisonment, 3 years supervised release, the fine of $25,000, restitution and forfeiture ordered (to be submitted within 90 days) and a special assessment of $1,025. Defendant Scott Tucker is remanded into custody. (lnl) (Entered: 01/08/2018)
12/29/2017SENTENCING SUBMISSION by USA as to Scott Tucker, Timothy Muir, Crystal Grote. (Velamoor, Niketh) (Entered: 12/29/2017)
12/29/2017Sentencing Letter by Scott Tucker addressed to Judge P. Kevin Castel from James Roth dated 12/29/2017 re: United States V. Scott Tucker. (Roth, James) (Entered: 12/29/2017)
12/22/2017SENTENCING SUBMISSION by Scott Tucker. (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, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Ginsberg, Lee) (Entered: 12/22/2017)
12/22/2017SENTENCING SUBMISSION by Timothy Muir. (Ginsberg, Lee) (Entered: 12/22/2017)
12/6/2017MEMORANDUM AND ORDER as to Scott Tucker, Timothy Muir. Defendants Scott Tucker and Timothy Muir were tried and convicted on all 14 counts of the indictment for crimes relating the operation of several payday loan businesses. Crystal Grote testified as a cooperator at the trial of Tucker and Muir and had entered a plea of guilty before this Court to an information charging her with making false statements in a deposition before the Federal Trade Commission ("FTC"). (Minute Entry, Aug. 29, 2017.) Presently, there are no open counts against any defendant. The government now renews its "application for an order finding that the crime fraud exception applies to all documents and communications relating to the preparation of Crystal Grote for her deposition by the [FTC] on or about August 28, 2013." In denying without prejudice the governments initial application, the Court wrote "In what context do you ask this Court to adjudicate the question? The Court is not accustomed to deciding questions in the abstract without notice to persons who may be affected." (Order of Nov. 28, 2017; Doc 313.)...[See this Memorandum And Order]... The question presented on the government's application has not been shown to arise in the context of any case or controversy over which this Court has jurisdiction. Also, in the absence of a context, the application presents an abstract and hypothetical question. Accordingly, the government's application is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/6/2017)(bw) (Entered: 12/06/2017)
12/5/2017 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated December 5, 2017 re: Order that Crime Fraud Exception Applies . Document filed by USA as to Scott Tucker, Timothy Muir, Crystal Grote. (Scotten, Hagan) (Entered: 12/05/2017)
11/28/2017MEMO ENDORSEMENT as to Scott Tucker (1), Timothy Muir (2), Crystal Grote (3)denying 312 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated November 28, 2017 re: Motion for Order Concerning Crime Fraud Exception. ENDORSEMENT: In what context do you ask the Court to adjudicate the question? The Court is not accustomed to deciding questions in the abstract without notice to persons who may be affected by its ruling. Application DENIED without prejudice. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/28/2017) (lnl) (Entered: 11/28/2017)
11/28/2017 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated November 28, 2017 re: Motion for Order Concerning Crime Fraud Exception . Document filed by USA as to Scott Tucker, Timothy Muir, Crystal Grote. (Scotten, Hagan) (Entered: 11/28/2017)
11/2/2017MEMO ENDORSEMENT as to Scott Tucker (1) granting 310 LETTER MOTION addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 11/01/2017 re: Approval for Printing Expenses. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge P. Kevin Castel on 11/1/2017) (lnl) (Entered: 11/02/2017)
11/1/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 11/01/2017 re: Approval for Printing Expenses . Document filed by Scott Tucker. (Ginsberg, Lee) (Entered: 11/01/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 10/13/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 10/13/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 10/12/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 10/11/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 10/12/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 10/11/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 10/10/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 10/10/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 10/5/17 trial corrected has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 10/5/17 trial corrected before Judge P. Kevin Castel. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 10/5/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 10/5/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 10/4/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 10/4/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 10/3/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 10/3/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 10/2/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 10/2/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 9/28/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 9/28/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 9/27/17 CORRECTED TRIAL has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 9/27/17 CORRECTED TRIAL before Judge P. Kevin Castel. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 9/27/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 9/27/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 9/26/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 9/26/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 9/25/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 9/25/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 9/20/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 9/20/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 9/19/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 9/19/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 9/18/17 CORRECTED TRIAL has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 9/18/17 CORRECTED TRIAL before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 9/18/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 9/18/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 9/14/17 CORRECTED TRIAL before Judge P. Kevin Castel. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 9/14/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 9/14/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 9/13/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 9/13/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 9/12/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 9/12/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Trial proceeding held on 9/11/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/27/2017)
10/27/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Trial held on 9/11/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/17/2017. Redacted Transcript Deadline set for 11/27/2017. Release of Transcript Restriction set for 1/25/2018. (McGuirk, Kelly) (Entered: 10/27/2017)
10/20/2017MEMO ENDORSEMENT as to (S2-16-Cr-91-03) Crystal Grote on re: 262 LETTER by USA as to Crystal Grote addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated October 19, 2017 re: Grote Sentencing Adjournment. ENDORSEMENT: Sentencing adjourned from Feb. 16, 2018 to May 17, 2018 at 11:00 a.m. SO ORDERED: (Signed by Judge P. Kevin Castel on 10/20/2017)(bw) (Entered: 10/20/2017)
10/20/2017ENDORSED LETTER as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from Darren T. Kaplan, dated 10/16/2017, re: Counsel representing a a putative class of payday loan borrowers in a case entitled Moss v. First Premier Bank, Case No. l3-cv-5438, currently pending in the Eastern District of New York before the Honorable Joseph F. Bianco writes to request the opportunity to examine the exhibits placed into evidence to locate documents relevant to the claims and defenses in Moss. ENDORSEMENT: Exhibits received in evidence are available for public inspection through the undersigned's Deputy Clerk. Neither the Court nor the Court's deputy clerk is in a position to point the public towards any particular document or category of documents. So Ordered. (Signed by Judge P. Kevin Castel on 10/19/2017) (lnl) (Entered: 10/20/2017)
10/19/2017 LETTER by USA as to Crystal Grote addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated October 19, 2017 re: Grote Sentencing Adjournment Document filed by USA. (Scotten, Hagan) (Entered: 10/19/2017)
10/16/2017MEMO ENDORSEMENT granting 258 LETTER MOTION To request that she be allowed to go on a family driving trip for her mother's birthday to Estes Park, Colorado from October 25, 2017 through October 29, 2017...ENDORSEMENT....Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/13/17) (jw) (Entered: 10/16/2017)
10/13/2017Set/Reset Deadlines/Hearings as to Scott Tucker: Sentencing set for 1/5/2018 at 03:00 PM before Judge P. Kevin Castel (jw) (Entered: 10/17/2017)
10/13/2017Set/Reset Deadlines/Hearings as to Timothy Muir: Sentencing set for 1/5/2018 at 02:00 PM before Judge P. Kevin Castel (jw) (Entered: 10/17/2017)
10/13/2017JURY VERDICT as to Scott Tucker (1) Guilty on Count 1s,2s-4s,5s,6s,7s,8s-9s,10s-14s and Timothy Muir (2) Guilty on Count 1s,2s-4s,5s,6s,7s,8s-9s,10s-14s. (jw) (Entered: 10/17/2017)
10/13/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 10/13/2017. Court Jury Instructions continues. Jury deliberates. Jury reaches verdict. Scott Tucker found guilty on all Counts 1-14. Timothy Muir found guilty on all Counts 1-14. Existing bail conditions continue with modification: home confinement and electronic monitoring to be implemented by PTS by October 17, 2017. Sentencing set for January 5, 2018 at 2:00 p.m. for Timothy Muir. Sentencing set for January 5, 2018 at 3:00 p.m. for Scott Tucker. (jw) (Entered: 10/17/2017)
10/13/2017Minute Entry for proceedings held before Judge P. Kevin Castel: Bond Hearing as to Scott Tucker (1), Timothy Muir (2) held on 10/13/2017. AUSA Velamoor. Defense Counsel: Roth, Ginsberg, Bath, for Defendant Tucker and Defendant Muir. BAIL DISPOSITION: Existing Bail conditions for Scott Tucker and Timothy Muir continue with home confinement (eff. immediately) and electronic monitoring to be implemented by PTS by Oct. 17, 2017. (bw) (Entered: 10/16/2017)
10/13/2017 VERDICT FORM as to Scott Tucker and Timothy Muir. (lnl) (Entered: 10/16/2017)
10/13/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Michael L. Yaeger dated October 13, 2017 re: Permission to Travel . Document filed by Crystal Grote. (Yaeger, Michael) (Entered: 10/13/2017)
10/12/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 10/12/2017. Government Summation. Defendant, Scott Tucker Summation. Defendant, Timothy Muir Summation. Government Rebuttal. Court Jury Instructions begins. (jw) (Entered: 10/17/2017)
10/11/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 10/11/2017. Charging conference. Defense Testimony continues. Defendant Timothy Muir rests. Defendant Scott Tucker rests (jw) (Entered: 10/17/2017)
10/11/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Beverly Van Ness dated 10/11/2017 re: jury charge Document filed by Scott Tucker. (Van Ness, Beverly) (Entered: 10/11/2017)
10/10/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 10/10/2017. Defendant Scott Tucker is present with attys, Lee Ginsberg and Nadjia Limani and James Roth. Beverly Van Ness, Esq. present. Thomas OToole Jury Consultant, present. Defendant Timothy Muir is present with atty. Thomas Bath. Ely Solomon-Abrams paralegal. AUSA, Niketh Velamoor, Hagan Scotten and Sagar Ravi, present. Randy Praiswater Special Agent IRS and Jerry Whitten Special Agent IRS, present. Emily Grant and Alex Beer, paralegals, present. Court Reporter: Court Reporters: Eve Giniger and Carol Ganley. Court Deputy: Florence Nacanther Defense Testimony continues. (jw) (Entered: 10/17/2017)
10/10/2017 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated October 10, 2017 re: Elements of Substantive Racketeering Counts Document filed by USA. (Scotten, Hagan) (Entered: 10/10/2017)
10/10/2017ENDORSED LETTER as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Attorney William C. Cagney, Attorney Rodman E. Honecker dated October 9, 2017 re: We represent Fredericks Peebles & Morgan LLP, including its partner Conly J. Schulte, which has represented the Santee tribe and tribal entities (Santee) and the Modoc tribe and tribal entities (Modoc) as the record before you demonstrates. James E. Nesland has represented the Santee and Modoc tribes and tribal entities in connection with the referenced matter and the underlying grand jury investigation. He joins in the below request. I have shared a copy of this letter with the prosecuting Assistant United States Attorneys and requested that the government consent to the granting of the below request. ENDORSEMENT: The production by Mr. Muir pursuant to the trial subpoena shall not constitute a waiver of privilege or work product production in this or any other federal or state proceeding. Nothing herein alters the scope or efficacy of the Court's ruling on the crime-fraud exception. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/10/2017)(bw) (Entered: 10/10/2017)
10/9/2017NOTICE of of Appearance on behalf of Conly J. Schulte as to Scott Tucker, Timothy Muir, Crystal Grote (Honecker, Rodman) (Entered: 10/09/2017)
10/9/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Beverly Van Ness dated 10/09/2017 re: jury charge Document filed by Scott Tucker. (Van Ness, Beverly) (Entered: 10/09/2017)
10/6/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Beverly Van Ness dated 10/06/2017 re: jury charge Document filed by Scott Tucker. (Van Ness, Beverly) (Entered: 10/06/2017)
10/6/2017 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated October 6, 2017 re: Special Interrogatory Document filed by USA. (Scotten, Hagan) (Entered: 10/06/2017)
10/5/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 10/5/2017. Defense testimony continues. Charging Conference (jw) (Entered: 10/11/2017)
10/4/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 10/4/2017. Defense testimony continues (jw) (Entered: 10/11/2017)
10/4/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Beverly Van Ness dated 10/04/2017 re: court's 10.4.17 draft charge Document filed by Scott Tucker. (Van Ness, Beverly) (Entered: 10/04/2017)
10/4/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Beverly Van Ness dated 10/04/2017 re: jury charge Document filed by Scott Tucker. (Van Ness, Beverly) (Entered: 10/04/2017)
10/3/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 10/3/2017. Defense testimony continues (jw) (Entered: 10/11/2017)
10/2/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 10/2/2017. Defendant Scott Tucker is present with attys, Lee Ginsberg and Nadjia Limani and James Roth. Beverly Van Ness, Esq. present. Thomas OToole Jury Consultant, present. Defendant Timothy Muir is present with atty. Thomas Bath. Ely Solomon-Abrams paralegal. AUSA, Niketh Velamoor, Hagan Scotten and Sagar Ravi, present. Randy Praiswater Special Agent IRS and Jerry Whitten Special Agent IRS, present. Emily Grant and Alex Beer, paralegals, present. Court Reporter: Court Reporters: Eve Giniger and Carol Ganley. Court Deputy: Florence Nacanther. Defense testimony continues. (jw) (Entered: 10/11/2017)
10/2/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Niketh Velamoor dated October 2, 2017 re: Muir Subpoena . Document filed by USA as to Scott Tucker, Timothy Muir, Crystal Grote. (Velamoor, Niketh) (Entered: 10/02/2017)
10/2/2017SUPPLEMENTAL ORDER as to Scott Tucker. It is hereby ORDERED (1) that the U.S. Marshal furnish Derek Douglas of Independence, Missouri with subsistence from October 2, 2017 until October 3, 2017, to include overnight lodging and meals in the New York City area from October 2, 2017 to October 3, 2017. (2) that the U.S. Marshal furnish Clifford A. Cohen of Overland Park, Kansas with subsistence from October 2, 2017 until October 3, 2017, to include overnight lodging and meals in the New York City area from October 2, 2017 to October 3, 2017. (3) that the U.S. Marshal furnish Douglas Lankford of Miami, Oklahoma withsubsistence from October 2, 2017 until October 3, 2017, to include overnight lodging and meals in the New York City area from October 2, 2017 to October 3, 2017. (4) that the U.S. Marshal furnish Conly Schulte of Louisville, Colorado with subsistence from October 2, 2017 until October 3, 2017, to include overnight lodging and meals in the New York City area from October 2, 2017 toOctober 3, 2017. (5) that the U.S. Marshal furnish Lance Morgan of Winnebago, Nebraska with subsistence from October 2, 2017 until October 3, 2017, to include overnight lodging and meals in the New York City area from October 2, 2017 to October 3, 2017. (Signed by Judge P. Kevin Castel on 10/2/2017)(ft) (Entered: 10/02/2017)
10/2/2017 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 10/2/17 re: Transportation . Document filed by Scott Tucker. (Ginsberg, Lee) Modified on 10/3/2017 (ka). (Entered: 10/02/2017)
10/2/2017 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated October 2, 2017 re: Defendant's Motion to Reconsider Schulte Ruling Document filed by USA. (Scotten, Hagan) (Entered: 10/02/2017)
10/1/2017 LETTER by Timothy Muir as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from Tom Bath dated 10/1/2017 re: Timothy Muir Subpoena (filed by Lee Ginsberg on behalf of Tom Bath) Document filed by Timothy Muir. (Ginsberg, Lee) (Entered: 10/01/2017)
10/1/2017 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated October 1, 2017 re: Defense Objections to Jury Instructions Document filed by USA. (Scotten, Hagan) (Entered: 10/01/2017)
10/1/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Lee Ginsberg dated 10/01/2017 re: letter re legal advice by Mr. Schulte Document filed by Scott Tucker. (Van Ness, Beverly) (Entered: 10/01/2017)
9/29/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 09/29/17 re: Defendants Joint Submission re: 09/25/17 Charge Document filed by Scott Tucker. (Ginsberg, Lee) (Entered: 09/29/2017)
9/29/2017 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated September 29, 2017 re: Jury Instructions Document filed by USA. (Scotten, Hagan) (Entered: 09/29/2017)
9/28/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 9/28/2017. Testimony continues. Government rests. Defense testimony begins. (jw) (Entered: 10/02/2017)
9/28/2017ORDER as to Scott Tucker (1): it is hereby ORDERED (1) that the U.S. Marshal furnish Derek Douglas of Independence, Missouri with transportation and subsistence from October 1, 2017 until October 2, 2017, with a flight from Independence, Missouri to New York, NY on Sunday, October 1, 2017, overnight lodging and meals in the New York City area on Sunday, October 1, 2017, transportation to court on October 2, 2017, transportation from court to the airport on October 2, 2017 and a return flight from New York, New York to Independence, Missouri on October 2, 2017. (2) that the U.S. Marshal furnish Clifford A. Cohen of Overland Park, Kansas with transportation and subsistence from October 1, 2017 until October 2, 2017, with a flight from Overland Park, Kansas to New York, NY on Sunday, October 1, 2017, overnight lodging and meals in the New York City area on Sunday, October 1, 2017, transportation to court on October 2, 2017, transportation from court to the airport on October 2, 2017 and a return flight from New York, New York to Overland Park, Kansas on October 2, 2017. (3) that the U.S. Marshal furnish Douglas Lankford of Miami, Oklahoma with transportation and subsistence from October 1, 2017 until October 3, 2017, with a flight from Indianapolis, Indiana to New York, NY on Sunday, October 1, 2017, overnight lodging and meals in the New York City area on Sunday, October 1, 2017, Case 1:16-cr-00091-PKC Document 238 Filed 09/28/17 Page 2 of 2 and Monday, October 2, 2017, transportation to court on October 2, 2017, transportation from court to his hotel on October 2, 2017, transportation from his hotel to the airport on October 3, 2017, and a return flight from New York, New York to Miami, Oklahoma on October 3, 2017. (4) that the U.S. Marshal furnish Conly Schulte of Louisville, Colorado with transportation and subsistence from October 1, 2017 until October 2, 2017, with a flight from Denver, CO to New York, NY on Sunday, October 1, 2017, overnight lodging and meals in the New York City area on Sunday, October 1, 2017, transportation to court on October 2, 2017, transportation from court to the airport on October 2, 2017 and a return flight from New York, New York to Denver, CO on October 2, 2017. (5) that the U.S. Marshal furnish Lance Morgan of Winnebago, Nebraska with transportation and subsistence from October 1, 2017 until October 2, 2017, with a flight from Omaha, Nebraska to New York, NY on Sunday, October 1, 2017, overnight lodging and meals in the New York City area on Sunday, October 1, 2017, transportation to court on October 2, 2017, transportation from court to the airport on October 2, 2017 and a return flight from New York, New York to Omaha, Nebraska on October 2, 2017. (Signed by Judge P. Kevin Castel on 9/28/2017) (lnl) (Entered: 09/29/2017)
9/28/2017 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 9/28/17 re: Witness Transportation Order . Document filed by Scott Tucker. (Ginsberg, Lee) Modified on 10/2/2017 (ka). (Entered: 09/28/2017)
9/28/2017ORDER as to (S1-16-Cr-91) Scott Tucker, Timothy Muir. Upon the annexed application of Joon H. Kim, Acting United States Attorney for the Southern District of New York, for an order pursuant to Title 18, United States Code, Sections 6002 and 6003, compelling Thomas Gamble to testify and to provide other information in United States v. Scott Tucker et al., in the United States District Court for the Southern District of New York, and upon the declaration of Assistant United States Attorney Niketh Velamoor, submitted in support thereof; and it appearing that, 1. Thomas Gamble is scheduled to appear as a witness in United States v. Scott Tucker et al; and, 2. It is expected that Thomas Gamble may refuse to testify on the basis of his privilege against self-incrimination; and, 3. It is the judgment of the Acting United States Attorney that the testimony and other information that Thomas Gamble could give in United States v. Scott Tucker et al., may be necessary to the public interest; and, 4. Upon the approval of the aforesaid application by the Department of Justice, by the Assistant Attorney General, pursuant to the authority vested in him by Title 18, United States Code, Section 6003 and 28 C.F.R. 0.175; it is hereby: ORDERED that, pursuant to Title 18, United States Code, Sections 6002 and 6003, Thomas Gamble give testimony and provide other information as to all matters about which she may be questioned in United States v. Scott Tucker et al; and IT IS FURTHER ORDERED that, pursuant to Title 18, United States Code, Sections 6002 and 6003, no testimony or other information compelled under this Order, or any information directly or indirectly derived from such testimony or other information, may be used against Thomas Gamble in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this Order. This Order shall become effective only if, after the date of this Order, Thomas Gamble refuses to testify or provide other information on the basis of his privilege against self-incrimination. (Signed by Judge P. Kevin Castel on 9/28/2017)(bw) (Entered: 09/28/2017)
9/28/2017LETTER concerning USA v Scott Tucker and Timothy Muir, addressed to Mr. Joon Kim, Acting United States Attorney/SDNY from Trevor N. McFadden, Deputy Assistant Attorney General/Criminal Division dated SEP 06, 2017 re: Pursuant to the authority vested in me by 18 U.S.C. § 6003(b) and 28 C.F.R. § 0.175(a), I hereby approve your request for authority to apply to the United States District Court for the Southern District of New York for an order, pursuant to 18 U.S.C. §§ 6002-6003, requiring Thomas Gamble to give testimony or provide other information in the above matter and in any further proceedings resulting therefrom or ancillary thereto. (bw) (Entered: 09/28/2017)
9/27/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 9/27/2017. Testimony continues (jw) (Entered: 10/02/2017)
9/27/2017 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated September 27, 2017 re: Schulte and Morgan Document filed by USA. (Scotten, Hagan) (Entered: 09/27/2017)
9/27/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Lee Ginsberg dated 09/27/2017 re: reply to govt. letter ECF 229 Document filed by Scott Tucker. (Van Ness, Beverly) (Entered: 09/27/2017)
9/27/2017ORDER as to (S1-16-Cr-91) Scott Tucker, Timothy Muir. Upon the annexed application of Joon H. Kim, Acting United States Attorney for the Southern District of New York, for an order pursuant to Title 18, United States Code, Sections 6002 and 6003, compelling Troy LittleAxe to testify and to provide other information in United States v. Scott Tucker et al., in the United States District Court for the Southern District of New York, and upon the declaration of Assistant United States Attorney Hagan Scotten, submitted in support thereof; and it appearing that, 1. Troy LittleAxe is scheduled to appear as a witness in United States v. Scott Tucker et al; and, 2. It is expected that Troy LittleAxe may refuse to testify on the basis of his p1ivilege against self-incriniination; and, 3.It is the judgment of the United States Attorney that the testimony and other information that Troy LittleAxe could give in United States v. Scott Tucker et al., may be necessary to the public interest; and, 4.Upon the approval of the aforesaid application by the Department of Justice, by the Assistant Attorney General, pursuant to the authority vested in him by Title 18, United States Code, Section 6003 and 28 C.F.R. 0.175; it is hereby: ORDERED that, pursuant to Title 18, United States Code, Sections 6002 and 6003, Troy LittleAxe give testimony and provide other information as to all matters about which he may be questioned in United States v. Scott Tucker et al; and IT IS FURTHER ORDERED that, pursuant to Title 18, United States Code, Sections 6002 and 6003, no testimony or other information compelled under this Order, or any information directly or indirectly derived from such testimony or other information, may be used against Troy LittleAxe in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this Order. This Order shall become effective only if, after the date of this Order, Troy LittleAxe refuses to testify or provide other information on the basis of his privilege against self-incrimination. (Signed by Judge P. Kevin Castel on 9/27/2017)(bw) (Entered: 09/27/2017)
9/27/2017LETTER concerning USA v. Scott Tucker, Timothy Muir addressed to Mr. Preet Bharara, United States Attorney/SDNY from Kenneth A. Blanco, Deputy Assistant Attorney General/Criminal Division, dated JAN 06, 2016 Attention: Niketh Velamoor, Assistant U.S. Attorney Re: Scott Tucker/In re Payday Loans. Pursuant to the authority vested in me by 18 U.S.C. § 6003(b) and 28 C.F.R. § 0.175(a), I hereby approve your request for authority to apply to the United States District Court for the Southern District of New York for an order, pursuant to 18 U.S.C. §§ 6002-6003, requiring Troy LittleAxe to give testimony or provide other information in the above matter and in any further proceedings resulting therefrom or ancillary thereto. (bw) (Entered: 09/27/2017)
9/26/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 9/26/2017. Testimony continues (jw) (Entered: 10/02/2017)
9/26/2017ORDER as to (S1-16-Cr-91-) Scott Tucker, Timothy Muir. Upon the annexed application of Joon H. Kim, Acting United States Attorney for the Southern District of New York, for an order pursuant to Title 18, United States Code, Sections 6002 and 6003, compelling Mary Porting to testify and to provide other information in United States v. Scott Tucker et al., in the United States District Court for the Southern District of New York, and upon the declaration of Assistant United States Attorney Niketh Velamoor, submitted in support thereof; and it appearing that, 1. Mary Porting is scheduled to appear as a witness in United States v. Scott Tucker et al; and, 2.It is expected that Mary Porting may refuse to testify on the basis of her privilege of her privilege against self-incrimination; and, 3. It is the judgment of the Acting United States Attorney that the testimony and other information that Mary Porting could give in United States v. Scott Tucker et al., may be necessary to the public interest; and, 4. Upon the approval of the aforesaid application by the Department of Justice, by the Assistant Attorney General, pursuant to the authority vested in him by Title 18, United States Code, Section 6003 and 28 C.F.R. 0.175; it is hereby: ORDERED that, pursuant to Title 18, United States Code, Sections 6002 and 6003, Mary Porting give testimony and provide other information as to all matters about which she may be questioned in United States v. Scott Tucker et al; and IT IS FURTHER ORDERED that, pursuant to Title 18, United States Code, Sections 6002 and 6003, no testimony or other information compelled under this Order, or any information directly or indirectly derived from such testimony or other information, may be used against Mary Porting in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this Order. This Order shall become effective only if, after the date of this Order, Mary Porting refuses to testify or provide other infom1ation on the basis of his privilege against self-incrimination. (Signed by Judge P. Kevin Castel on 9/26/2017)(bw) (Entered: 09/26/2017)
9/26/2017LETTER concerning USA v. Scott Tucker and Timothy Muir addressed to Mr. Joon Kim, Acting United States Attorney/SDNY from Kenneth A. Blanco, Acting Assistant Attorney General dated SEP 14, 2017 Attention: Michael Ferrara, Assistant United States Attorney re: Pursuant to the authority vested in me by 18 U.S.C. § 6003(b) and 28 C.F.R. § 0.175(a), I hereby approve your request for authority to apply to the United States District Court for the Southern District of New York for an order, pursuant to 18 U.S.C. §§ 6002-6003, requiring Mary Porting to give testimony or provide other information in the above matter and in any further proceedings resulting therefrom or ancillary thereto.(bw) (Entered: 09/26/2017)
9/25/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 9/25/2017. Defendant Scott Tucker is present with attys, Lee Ginsberg and Nadjia Limani and James Roth. Beverly Van Ness, Esq. present. Thomas OToole Jury Consultant, present. Defendant Timothy Muir is present with atty. Thomas Bath. Ely Solomon-Abrams paralegal. AUSA, Niketh Velamoor, Hagan Scotten and Sagar Ravi, present. Randy Praiswater Special Agent IRS and Jerry Whitten Special Agent IRS, present. Emily Grant and Alex Beer, paralegals, present. Court Reporter: Court Reporters: Eve Giniger and Carol Ganley. Court Deputy: Florence Nacanther (jw) (Entered: 10/02/2017)
9/25/2017 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated September 25, 2017 re: Exclusion of Testimony of Conly Schulte and Lance Morgan . Document filed by USA as to Scott Tucker, Timothy Muir. (Ravi, Sagar) (Entered: 09/25/2017)
9/25/2017 LETTER by USA as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from AUSA Sagar K. Ravi dated September 25, 2017 re: Length of Trial and Cumulativeness. Document filed by USA. (Ravi, Sagar) (Entered: 09/25/2017)
9/24/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Lee Ginsberg dated 09/24/2017 re: reply to govt. letter, ECF 226 Document filed by Scott Tucker. (Van Ness, Beverly) (Entered: 09/24/2017)
9/20/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 9/20/2017. Testimony continues (jw) (Entered: 09/21/2017)
9/19/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 9/19/2017. Testimony continues (jw) (Entered: 09/21/2017)
9/19/2017 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated September 19, 2017 re: Defense Exhibits Document filed by USA. (Scotten, Hagan) (Entered: 09/19/2017)
9/18/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Jury Trial as to Scott Tucker, Timothy Muir held on 9/18/2017. Defendant Scott Tucker is present with attys, Lee Ginsberg and Nadjia Limani and James Roth. Beverly Van Ness, Esq. present. Thomas OToole Jury Consultant, present.Defendant Timothy Muir is present with atty. Thomas Bath. Ely Solomon-Abrams paralegal. AUSA, Niketh Velamoor, Hagan Scotten and Sagar Ravi, present. Randy Praiswater Special Agent IRS and Jerry Whitten Special Agent IRS, present. Emily Grant and Alex Beer, paralegals, present. Court Reporter: Court Reporters: Eve Giniger and Carol Ganley. Court Deputy: Florence Nacanther. Testimony continues. (jw) (Entered: 09/21/2017)
9/14/2017Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Scott Tucker, Timothy Muir held on 9/14/2017. Testimony continues. Court adjourned. Trial resumes Monday, September 18, 2017 at 10:00 a.m. (jbo) (Entered: 09/15/2017)
9/13/2017Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Scott Tucker, Timothy Muir held on 9/13/2017. Testimony continues. (jbo) (Entered: 09/15/2017)
9/12/2017Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial as to Scott Tucker, Timothy Muir held on 9/12/2017. Jury Selection continues. Jury empaneled (18 jurors); Selection Oath. Court instructs jury. Opening statements by AUSA Hagan Scotten. Opening statements on behalf of Defendant, Scott Tucker by James Roth. Opening statements on behalf of Defendant, Timothy Muir by Thomas Bath. Testimony begins. (jbo) (Entered: 09/15/2017)
9/12/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Conference proceeding held on 9/6/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 09/12/2017)
9/12/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Conference held on 9/6/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/3/2017. Redacted Transcript Deadline set for 10/13/2017. Release of Transcript Restriction set for 12/11/2017. (McGuirk, Kelly) (Entered: 09/12/2017)
9/11/2017Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Selection as to Scott Tucker, Timothy Muir held on 9/11/2017. Defendant Scott Tucker is present with attys, Lee Ginsberg and Nadjia Limani and James Roth. Beverly Van Ness, Esq. present. Thomas OToole Jury Consultant, present. Defendant Timothy Muir is present with atty. Thomas Bath. Ely Solomon-Abrams paralegal. AUSA, Niketh Velamoor, Hagan Scotten and Sagar Ravi, present. Randy Praiswater Special Agent IRS and Jerry Whitten Special Agent IRS, present. Emily Grant and Alex Beer, paralegals, present. Court Reporter: Court Reporters: Eve Giniger, Carol Ganley and Khristine Sellin. Court Deputy: Florence Nacanther. Trial begins, Proclamation, Qualification Oath, Jury Selection begins. (jbo) (Entered: 09/15/2017)
9/11/2017Minute Entry for proceedings held before Judge P. Kevin Castel: Voir Dire held on 9/11/2017 as to Scott Tucker, Timothy Muir. (jbo) (Entered: 09/15/2017)
9/10/2017 LETTER by USA as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Sagar K. Ravi dated September 10, 2017 re: Recordings by Carolyn Williams. Document filed by USA. (Ravi, Sagar) (Entered: 09/10/2017)
9/7/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Tom Bath dated 09/07/2017 re: Electronic Devices Order (filed by Lee Ginsberg on behalf of Mr. Bath). Document filed by Timothy Muir as to Scott Tucker, Timothy Muir, Crystal Grote. (Attachments: # 1 Text of Proposed Order)(Ginsberg, Lee) (Entered: 09/07/2017)
9/7/2017LETTER concerning Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from Attorneys Edward D. Greim and Lee Ginsberg dated September 7, 2017 re: On August 31, 2017, I, on behalf of Donald E. Brady, wrote to you requesting that a subpoena that had been issued to Mr. Brady in the above-referenced case be quashed. On that same date, defense counsel filed a response letter, and on September 2, 2017, the United States filed a response as well. Today, September 7, 2017, defense counsel notified us that Mr. Brady was being released of his obligations under the subpoena. Thus, the August 31, 2011 motion letter and the attendant filings need not be ruled upon by the Court at this time. (bw) (Entered: 09/07/2017)
9/6/2017Minute Entry for proceedings held before Judge P. Kevin Castel: Pretrial Conference as to Scott Tucker (1), Timothy Muir (2) held on 9/6/2017. Final Pretrial Conference. Defendant Scott Tucker is present with attorneys, Lee Ginsberg and Nadjia Limani and James Roth. Defendant Timothy Muir is present with attorney Thomas Bath. AUSA, Niketh Velamoor, Hagan Scotten and Sagar Ravi, present. Randy Praiswater Special Agent IRS and Jerry Whitten Special Agent IRS, present. Emily Grant and Alex Beer, paralegals, present. Court Reporter: Kristen Carannante. Court rules on pending motions in limine and other pretrial matters. Motions 129, 130, 133, 136, 197, 211, 217 and 220 are terminated as ruled upon, moot or abandoned. See transcript. (bw) (Entered: 09/07/2017)
9/6/2017Minute Entry for proceedings held before Judge P. Kevin Castel: Pretrial Conference as to Scott Tucker (1), Timothy Muir (2) held on 9/6/2017. Final Pretrial Conference. Defendant Scott Tucker is present with attys, Lee Ginsberg and Nadjia Limani and James Roth. Defendant Timothy Muir is present with atty. Thomas Bath. AUSA, Niketh Velamoor, Hagan Scotten and Sagar Ravi, present. Randy Praiswater Special Agent IRS and Jerry Whitten Special Agent IRS, present. Emily Grant and Alex Beer, paralegals, present. Court Reporter: Kristen Carannante. (bw) (Entered: 09/07/2017)
9/6/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 9/6/2017 re: Electronic Device Order . Document filed by Scott Tucker. (Attachments: # 1 Order)(Ginsberg, Lee) (Entered: 09/06/2017)
9/6/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Crystal Grote. Notice is hereby given that an official transcript of a Plea proceeding held on 8/29/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 09/06/2017)
9/6/2017TRANSCRIPT of Proceedings as to Crystal Grote re: Plea held on 8/29/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2017. Redacted Transcript Deadline set for 10/10/2017. Release of Transcript Restriction set for 12/5/2017. (McGuirk, Kelly) (Entered: 09/06/2017)
9/5/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 9/5/17 re: 3500 Material Delay . Document filed by Scott Tucker. (Attachments: # 1 Government's Email)(Ginsberg, Lee) (Entered: 09/05/2017)
9/5/2017ORDER as to Scott Tucker, Timothy Muir, Crystal Grote. I hereby authorize Courtroom Connect, a Southern District of New York contracted vendor, to provide Defendants Scott Tucker and Timothy Muir with Internet connectivity for the duration of the trial proceedings in the matter of United States v. Scott Tucker, et al., 16 CR 91 (SDNY), set to begin on September 11, 2017. Courtroom Connect may proceed to make proper arrangements with the District E:x:ecutive Office of the Court. The attorneys and paralegals for Mr. Tucker and Mr. Muir may use personal electronic devices and general purpose computing devices during trial may use such devices to connect to the Courtroom Connect service subject to the Court's approval of Standing Order Ml0-468 applications for such attorneys and paralegals. (Signed by Judge P. Kevin Castel on 9/1/2017)(ft) (Entered: 09/05/2017)
9/5/2017 LETTER by Scott Tucker as to Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from Lee Ginsberg dated 09/05/2017 re: reply to govt. letter ECF 207 Document filed by Scott Tucker. (Attachments: # 1 Exhibit, # 2 Exhibit)(Van Ness, Beverly) (Entered: 09/05/2017)
9/5/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Scott Tucker, Timothy Muir: Notice to Attorney Beverly Van Ness to RE-FILE Document 214 Response. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 09/05/2017)
9/5/2017 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE by Scott Tucker as to Scott Tucker, Timothy Muir re: 207 Letter filed by USA . (Attachments: # 1 Exhibit, # 2 Exhibit)(Van Ness, Beverly) Modified on 9/5/2017 (ka). (Entered: 09/05/2017)
9/4/2017 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated September 4, 2017 re: Gambling Evidence Document filed by USA. (Scotten, Hagan) (Entered: 09/04/2017)
9/4/2017 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from NIketh Velamoor dated September 4, 2017 re: Defense Request to Adjourn the September 11 Trial Date Document filed by USA. (Attachments: # 1 Exhibit A)(Velamoor, Niketh) (Entered: 09/04/2017)
9/2/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Niketh Velamoor dated September 2, 2017 re: Motion to Preclude Testimony by Harry Steinmetz . Document filed by USA as to Scott Tucker, Timothy Muir, Crystal Grote. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Velamoor, Niketh) (Entered: 09/02/2017)
8/31/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from Lee A. Ginsberg and Tom Bath dated 08/31/2017 re: Don Brady Document filed by Scott Tucker. (Ginsberg, Lee) (Entered: 08/31/2017)
8/31/2017ENDORSED LETTER as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from Attorney Edward D. Greim dated August 31, 2017 re: I write on behalf of Don Brady to whom a Subpoena to Testify at a Hearing or Trial in a Criminal Case was issued on August 22, 2017, commanding Mr. Brady's appearance to testify at trial in the above-referenced case. My firm represents Mr. Brady, who is not a party to this action. I respectfully request that this Court grant leave to file this letter as a non-party to this action and quash the Subpoena issued to Mr. Brady on August 22, 2017. ENDORSEMENT: Defendant's counsel should respond to the Court with copy to Mr. Brady's counsel. SO ORDERED: (Signed by Judge P. Kevin Castel on 8/31/2017)(bw) (Entered: 08/31/2017)
8/31/2017 LETTER by USA as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from AUSA Sagar K. Ravi dated August 30, 2017 re: Supplement to Motions in Limine for Admission of Scott Tucker's Prior Convictions and Bankrupty. Document filed by USA. (Ravi, Sagar) (Entered: 08/31/2017)
8/30/2017 LETTER by USA as to Scott Tucker, Timothy Muir, Crystal Grote addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated August 30, 2017 re: Court's August 22, 2017 Order Document filed by USA. (Scotten, Hagan) (Entered: 08/30/2017)
8/30/2017NOTICE OF ATTORNEY APPEARANCE: Michael Lloyd Yaeger appearing for Crystal Grote. Appearance Type: Retained. (Yaeger, Michael) (Entered: 08/30/2017)
8/30/2017NOTICE OF ATTORNEY APPEARANCE: Barry A. Bohrer appearing for Crystal Grote. Appearance Type: Retained. (Bohrer, Barry) (Entered: 08/30/2017)
8/29/2017Minute Entry for proceedings held before Judge P. Kevin Castel as to Crystal Grote; Sentencing set for 2/16/2018 at 11:30 AM before Judge P. Kevin Castel. (jw) (Entered: 08/31/2017)
8/29/2017Minute Entry for proceedings held before Judge P. Kevin Castel: Plea entered by Crystal Grote (3) Guilty as to Count 1. (jw) (Entered: 08/31/2017)
8/29/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Arraignment as to Crystal Grote (3) Count 1 held on 8/29/2017. Defendant, Crystal Grote present with attorney, Michael Yaeger. AUSA, Hagan Scotten, present. Joseph Perry Pretrial Services and Randy Praiswater Special Agent IRS, present. Court Reporter: Jerry Harrison. Defendant arraigned on S2 Information. Defendant waives indictment and pleads guilty to the One-Count, S2 Information. Sentencing is set for February 16, 2018 at 11:30 a.m. Defendant is released on her own recognizance (jw) (Entered: 08/31/2017)
8/29/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Initial Appearance as to Crystal Grote held on 8/29/2017. (jw) (Entered: 08/31/2017)
8/29/2017ORDER as to (16-Cr-91-03) Crystal Grote. Defendant is released on her own recognizance subject to the following conditions: (1) defendant surrender her passport to Pretrial Services and refrain from applying for new travel documents; and (2) travel is restricted to the Western District of Missouri, District of Kansas, Southern and Eastern Districts of New York. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/29/2017)(bw) (Entered: 08/30/2017)
8/29/2017WAIVER OF INDICTMENT by Crystal Grote. (jm) (Entered: 08/30/2017)
8/29/2017 INFORMATION (Felony) filed as to Crystal Grote (3) count(s) 1. (jm) (Entered: 08/30/2017)
8/29/2017MEMO ENDORSEMENT granting 198 LETTER MOTION filed by Scott Tucker (1), addressed to Judge P. Kevin Castel from Attorney Lee Ginsberg dated 8/25/17 re: Budget. We write to request approval for a final budget in the above-referenced matter pursuant to 18 U.S.C. §3006A(e) for trial for James Roth, Lee Ginsberg, Beverly Van Ness, Marie Schembri and Eli Salamon-Abrams. We have submitted this letter to Jerry Tritz, who has no objection to the requests contained herein. ENDORSEMENT: Guided by the review and approval of Mr. Tritz, the application is GRANTED. SO ORDERED: (Signed by Judge P. Kevin Castel on 8/29/2017) (bw) (Entered: 08/29/2017)
8/28/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Lee A. Ginsberg and Tom Bath dated 08/23/2017 re: Supplemental Proposed Examination of Jurors Document filed by Scott Tucker. (Ginsberg, Lee) Modified on 8/28/2017 (ka). (Entered: 08/28/2017)
8/28/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Scott Tucker, Timothy Muir: Notice to Attorney Lee Alan Ginsberg to RE-FILE Document 199 Proposed Examination of Jurors. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 08/28/2017)
8/26/2017 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED EXAMINATION OF JURORS by Scott Tucker as to Scott Tucker, Timothy Muir. (Ginsberg, Lee) Modified on 8/28/2017 (ka). (Entered: 08/26/2017)
8/25/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 8/25/17 re: Budget . Document filed by Scott Tucker. (Ginsberg, Lee) (Entered: 08/25/2017)
8/25/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 8/25/2017 re: Request for Courtroom Connect Services . Document filed by Scott Tucker. (Attachments: # 1 Order)(Ginsberg, Lee) (Entered: 08/25/2017)
8/22/2017ORDER as to Scott Tucker, Timothy Muir. The government shall submit a letter brief in support of its jury instruction Request No. 9 and responding to Defendants' Requests Nos. 28, 32 and 33 by August 30, 2017. Defendants may respond by September 5, 2017. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/22/2017)(bw) (Entered: 08/22/2017)
8/18/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Beverly Van Ness dated 08/18/2017 re: reply to govt. letter ECF 190 Document filed by Scott Tucker. (Van Ness, Beverly) (Entered: 08/18/2017)
8/17/2017MEMO ENDORSEMENT granting 193 LETTER MOTION filed by Scott Tucker (1), addressed to Judge P. Kevin Castel from Attorney James Roth dated 8/16/2016 re: I write with the consent of the government and Mr. Tucker's pre-trial officer to seek permission for Mr. Tucker to travel to Dallas, Texas on August 24, 2017 returning August 27, 2017 to attend a reunion celebration with a longtime family friend. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/17/2017) (bw) (Entered: 08/17/2017)
8/16/2017 LETTER MOTION addressed to Judge P. Kevin Castel from James Roth dated 8/16/2016 re: United States V. Scott Tucker . Document filed by Scott Tucker. (Roth, James) (Entered: 08/16/2017)
8/11/2017MEMO ENDORSEMENT as to Scott Tucker on re: 191 Letter filed by Scott Tucker. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/11/2017)(ft) (Entered: 08/11/2017)
8/10/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Beverly Van Ness dated 08/10/2017 re: time to file response Document filed by Scott Tucker. (Van Ness, Beverly) (Entered: 08/10/2017)
8/7/2017 LETTER by USA as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated August 7, 2017 re: Pretrial Rulings Document filed by USA. (Attachments: # 1 Exhibit Defense Expert Notice)(Scotten, Hagan) (Entered: 08/07/2017)
8/3/2017MEMO ENDORSEMENT granting 188 LETTER MOTION filed by Timothy Muir (2), addressed to Judge P. Kevin Castel from Attorney Thomas J. Bath, Jr. dated 08/02/2017 re: Travel. I request permission for my client, Timothy Muir, to travel to Philadelphia, PA, on Thursday, August 10, 2017, returning Friday, August 11, 2017, to consult with counsel in Philadelphia. ENDORSEMENT: Application granted. So Ordered: (Signed by Judge P. Kevin Castel on 8/3/2017) (bw) (Entered: 08/04/2017)
8/3/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas J. Bath, Jr. dated 08/02/2017 re: Travel . Document filed by Timothy Muir. Return Date set for 8/11/2017 at 11:00 PM. (Bath, Thomas) (Entered: 08/03/2017)
7/24/2017MEMO ENDORSEMENT granting 186 LETTER MOTION as to Timothy Muir (2). ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/21/2017) (ft) (Entered: 07/24/2017)
7/21/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas Bath dated 07/21/2017 re: Request to travel . Document filed by Timothy Muir. Return Date set for 8/5/2017 at 11:00 PM. (Bath, Thomas) (Entered: 07/21/2017)
7/21/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Timothy Muir: Notice to Attorney Thomas J. Bath to RE-FILE Document 185 MOTION to Travel. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 07/21/2017)
7/21/2017 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Travel . Document filed by Timothy Muir. Return Date set for 8/5/2017 at 11:00 PM. (Bath, Thomas) Modified on 7/21/2017 (ka). (Entered: 07/21/2017)
7/18/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Conference proceeding held on 6/16/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 07/18/2017)
7/18/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Conference held on 6/16/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/8/2017. Redacted Transcript Deadline set for 8/18/2017. Release of Transcript Restriction set for 10/16/2017. (McGuirk, Kelly) (Entered: 07/18/2017)
7/7/2017MEMO ENDORSEMENT granting 181 LETTER MOTION as to Scott Tucker (1). ENDORSEMENT: Application Granted. (Signed by Judge P. Kevin Castel on 7/7/2017) (ft) (Entered: 07/07/2017)
7/7/2017 LETTER MOTION addressed to Judge P. Kevin Castel from James Roth dated 7/7/2017 re: United States V. Scott Tucker . Document filed by Scott Tucker. (Roth, James) (Entered: 07/07/2017)
6/26/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 06/26/2017 re: E-Voucher Requests Document filed by Scott Tucker. (Ginsberg, Lee) (Entered: 06/26/2017)
6/22/2017MEMO ENDORSEMENT granting 178 LETTER MOTION as to Scott Tucker (1). ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/22/2017) (ft) (Entered: 06/22/2017)
6/22/2017 LETTER MOTION addressed to Judge P. Kevin Castel from James Roth dated 06/22/2017 re: United States V. Scott Tucker . Document filed by Scott Tucker. (Roth, James) (Entered: 06/22/2017)
6/16/2017Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference as to Scott Tucker, Timothy Muir held on 6/16/2017. Defendant Scott Tucker is present with attys, Lee Ginsberg and Nadjia Limani and James Roth. Defendant Timothy Muir is present with atty. Thomas Bath. AUSA, Niketh Velamoor, Hagan Scotten and Sagar Ravi, present. Court Reporter: Steven Griffing. Application to adjourn trial (DE 174) is DENIED. The next conference is scheduled for September 6, 2017 at 2:30 p.m. (Status Conference set for 9/6/2017 at 02:30 PM before Judge P. Kevin Castel.) (jbo) (Entered: 06/16/2017)
6/15/2017 LETTER by Scott Tucker addressed to Judge P. Kevin Castel from Lee Ginsberg dated 6/15/17 re: Reply to Government's Response (Attachments: # 1 Exhibit)(Ginsberg, Lee) (Entered: 06/15/2017)
6/11/2017LETTER RESPONSE to Motion by USA as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Niketh Velamoor dated June 11, 2017 re: 174 LETTER MOTION addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 05/26/2017 re: Production of New Discovery .. (Velamoor, Niketh) (Entered: 06/11/2017)
6/6/2017MEMORANDUM AND ORDER: as to Scott Tucker, Timothy Muir. The S1 Indictment (the "Indictment") charges defendants Scott Tucker and Timothy Muir with counts of conspiracy to collect unlawful debts, collection of unlawful debts, wire fraud, money laundering and violation of the Truth in Lending Act related to the collection of usurious interest on so-called "payday loans." (See Docket # 114.) Among other things, the Indictment alleges that Tucker managed and controlled several "payday lending" businesses that were nominally owned by American Indian tribes, including the Miami Tribe of Oklahoma. According to the government, Tucker entered into sham relationships with the Indian tribes in order to invoke tribal immunity and continue lending practices that would otherwise be unlawful.The government moves for an Order finding that the crime-fraud exception applies to documents and communications possessed by Tucker's attorneys relating to the state-court action of Tucker v. AMG Services, Inc., 10 Civ. 1084 (Wyandotte County, Kansas) ("Tucker v. AMG"). According to the government, Tucker v. AMG was a "sham" lawsuit masterminded by Muir for the purpose of retroactively filing a merger certificate and invoking tribal immunity. The government argues that documents and communications withheld by Tucker's attorneys at McDowell, Rice, Smith & Buchanan, P.C. ("McDowell Rice"), solely as they pertain to Tucker v. AMG, fall within the crime-fraud exception. For reasons that will be explained, the Court concludes that the government has shown probable cause that such documents and communications possessed by McDowell Rice were made in furtherance of a crime or fraud. The motion is therefore granted, and McDowell Rice is directed to produce such documents and communications....[See this Memorandum And Order]... CONCLUSION: The government's motion is GRANTED. (Docket # 153.) McDowell Rice is directed to produce the documents and communications relating to Tucker v. AMG within 14 days of this Order. The Clerk is directed to terminate the motion. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/6/2017)(bw) (Entered: 06/07/2017)
5/26/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 05/26/2017 re: Production of New Discovery . Document filed by Scott Tucker as to Scott Tucker, Timothy Muir. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ginsberg, Lee) (Entered: 05/26/2017)
5/18/2017ENDORSED LETTER as to (16-Cr-91-01) Scott Tucker addressed to Judge P. Kevin Castel from Attorney Lee A. Ginsberg dated April 13, 2017 re: We write to request approval for a supplemental budgets in the above-referenced matter pursuant to 18 U.S.C. Section 3006A(e) for remaining trial preparation, not including trial hours, for James Roth, Lee Ginsberg, Nadjia Limani, Beverly Van Ness and Eli Salamon-Abrahms. ENDORSEMENT: Having reviewed the application and consulted with Mr. Tritz, it is GRANTED. SO ORDERED: (Signed by Judge P. Kevin Castel on 5/18/2017)(bw) (Entered: 05/18/2017)
5/2/2017MEMO ENDORSEMENT granting 171 LETTER MOTION filed by Timothy Muir (2), addressed to Judge P. Kevin Castel from Attorney Marc Agnifilo dated May 2, 2017 re: Permission to Travel. I request permission for my client, Timothy Muir, to travel for a business trip to Klamath Falls, Oregon from May 9 through May 11, 2017. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/2/2017) (bw) (Entered: 05/02/2017)
5/2/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Marc Agnifilo dated May 2, 2017 re: Permission to Travel . Document filed by Timothy Muir. (Agnifilo, Marc) (Entered: 05/02/2017)
4/24/2017ORDER as to Scott Tucker, Timothy Muir. The annexed subpoenas will be allowed as modified. All other requests for subpoenas are denied. The original signed copies may be picked up in Chambers. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/24/2017)(bw) (Entered: 04/24/2017)
4/21/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 04/21/2017 re: Reply to April 14, 2017 letter by the Government regarding 17(c) subpoenas Document filed by Scott Tucker. (Ginsberg, Lee) (Entered: 04/21/2017)
4/14/2017 REPLY MEMORANDUM OF LAW in Support by USA as to Scott Tucker, Timothy Muir re: 153 MOTION Motion for an Order Finding that the Crime Fraud Exception Applies to Certain Documents and Communications . . (Attachments: # 1 Exhibit H, # 2 Exhibit I, # 3 Exhibit J)(Velamoor, Niketh) (Entered: 04/14/2017)
4/14/2017 LETTER by USA as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from AUSA Niketh Velamoor dated April 14, 2017 re: Defense Request for Rule 17 Subpoenas Document filed by USA. (Velamoor, Niketh) (Entered: 04/14/2017)
4/6/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Conference proceeding held on 3/9/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/06/2017)
4/6/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Conference held on 3/9/17 before Judge P. Kevin Castel. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/27/2017. Redacted Transcript Deadline set for 5/8/2017. Release of Transcript Restriction set for 7/5/2017. (McGuirk, Kelly) (Entered: 04/06/2017)
3/30/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 3/30/17 re: Subpoenas Document filed by Scott Tucker. (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)(Ginsberg, Lee) (Entered: 03/30/2017)
3/30/2017MEMORANDUM in Opposition by Scott Tucker, Timothy Muir re 153 MOTION Motion for an Order Finding that the Crime Fraud Exception Applies to Certain Documents and Communications .. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Van Ness, Beverly) (Entered: 03/30/2017)
3/22/2017ORDER denying 160 LETTER MOTION as to Scott Tucker (1). Mr. Roth is in the best position to know the best course of action for him to take consistent with his professional obligations to clients in each of the cases. The application for judicial "guidance and assistance" is DENIED. If the letter filed March 21 is deemed an application to move the trial date, it is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/22/2017) (ft) (Entered: 03/23/2017)
3/22/2017 LETTER by USA as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from AUSA Sagar K. Ravi dated March 22, 2017 re: 160 FIRST LETTER MOTION addressed to Judge P. Kevin Castel from James Roth dated 03/21/2017 re: Adjournment. Document filed by USA. (Ravi, Sagar) (Entered: 03/22/2017)
3/21/2017FIRST LETTER MOTION addressed to Judge P. Kevin Castel from James Roth dated 03/21/2017 re: Adjournment . Document filed by Scott Tucker. (Roth, James) (Entered: 03/21/2017)
3/17/2017 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Request To Charge by Scott Tucker, Timothy Muir. (Van Ness, Beverly) Modified on 3/20/2017 (ka). (Entered: 03/17/2017)
3/17/2017 REPLY MEMORANDUM OF LAW in Support as to Scott Tucker, Timothy Muir re: 136 MOTION in Limine . . (Van Ness, Beverly) (Entered: 03/17/2017)
3/15/2017MEMO ENDORSEMENT granting 156 LETTER MOTION filed by Timothy Muir (2), addressed to Judge P. Kevin Castel from Attorney Marc Agnifilo dated 03.13.17 re: Permission to Travel. With the consent of the Government (AUSA Niketh Velamoor), I request permission for my client, Timothy Muir, to travel with his family to Marco Island, Florida from March 16, 2017 to March 20, 2017. ENDORSEMENT: Application granted. SO ORDERED: (Signed by Judge P. Kevin Castel on 3/15/2017) (bw) (Entered: 03/16/2017)
3/15/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Marc Agnifilo dated 03.13.17 re: Permission to Travel . Document filed by Timothy Muir. (Agnifilo, Marc) (Entered: 03/15/2017)
3/15/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Timothy Muir: Notice to Attorney Marc Antony Agnifilo to RE-FILE Document 155 MOTION to Travel. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 03/15/2017)
3/13/2017 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Travel . Document filed by Timothy Muir. (Agnifilo, Marc) Modified on 3/15/2017 (ka). (Entered: 03/13/2017)
3/9/2017Minute Entry for proceedings held before Judge P. Kevin Castel:Status Conference as to Scott Tucker, Timothy Muir held on 3/9/2017 as to Scott Tucker, Timothy Muir( Jury Trial set for 9/11/2017 at 10:00 AM before Judge P. Kevin Castel.) Defendant Scott Tucker is present with attorneys, Lee Ginsberg and Nadjia Limani. Defendant Timothy Muir is present with attys. Thomas Bath and Marc Agnifilo. AUSA, Niketh Velamoor, present. Randall Praiswater IRS Special Agent and Jerry Whitten IRS Special Agent, present. Court Reporter: Khristine Sellin.Counsel shall confer through March 22, 2017, on the governments production of documents. Defendants shall submit a letter-brief as to any proposed subpoenas, and any opposition to the governments motion concerning the crime-fraud exception, no later than March 30. The government shall submit its response to any subpoena application and its reply in support of its motion on the crime-fraud exception no later than April 14. Defendants reply on any subpoena application shall be filed no later than April 21. Final pretrial conference of April 7, 2017 is vacated. The trial originally scheduled for April 17, 2017 is adjourned to September 11, 2017 at 10:00 a.m. Next case management conference is set for June 16, 2017 at 2:30 p.m. Time is excluded until the trial date of 9/11/2017. Defendants bail conditions continue (jw) (Entered: 03/10/2017)
3/9/2017***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Scott Tucker, Timothy Muir: Notice to Attorney Niketh Varadaraj Velamoor to RE-FILE Document 153 MOTION Motion for an Order Finding that the Crime Fraud Exception Applies to Certain Documents and Communications. ERROR(S): Incorrect Title of PDF. Title should read "Motion for application of crime fraud exception". (ka) (Entered: 03/09/2017)
3/8/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 03/08/2017 re: Government Letter of March 7, 2017 Document filed by Scott Tucker. (Ginsberg, Lee) (Entered: 03/08/2017)
3/8/2017 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION Motion for an Order Finding that the Crime Fraud Exception Applies to Certain Documents and Communications . Document filed by USA as to Scott Tucker, Timothy Muir. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Velamoor, Niketh) Modified on 3/9/2017 (ka). (Entered: 03/08/2017)
3/7/2017 LETTER by USA as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated March 7, 2017 re: Defense Request for Subpoenas Document filed by USA. (Scotten, Hagan) (Entered: 03/07/2017)
3/7/2017MEMO ENDORSEMENT as to Scott Tucker, Timothy Muir on re: 150 LETTER MOTION filed by Scott Tucker addressed to Judge P. Kevin Castel from Attorney Lee A. Ginsberg dated 03/06/2017 re: 3/9/2017 Conference. We write to seek clarification as to the subject matter of the conference scheduled for Thursday, March 9, 2017 at 11:45AM. In addition, we would like to inform the Court that James Roth will not be in New York on Thursday based on a prior commitment. ENDORSEMENT: Any and all matters of or pertaining to the case may be discussed, including but not limited to subpoenas, schedule, issue that may arise in the course of the trial. The question is not whether the Court requires the presence of any defendant. The question is whether any defendant wishes to knowingly and voluntary waive their presence. That is a matter for a defendant and his counsel to consider and advise the Court. SO ORDERED: (Signed by Judge P. Kevin Castel on 3/7/2017)(bw) (Entered: 03/07/2017)
3/6/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 03/06/2017 re: 3/9/2017 Conference . Document filed by Scott Tucker as to Scott Tucker, Timothy Muir. (Ginsberg, Lee) (Entered: 03/06/2017)
3/6/2017ORDER as to Scott Tucker, Timothy Muir. There will be a conference in the above-captioned case on March 9, 2017 at 11:45 a.m. SO ORDERED. (Status Conference set for 3/9/2017 at 11:45 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/6/2017)(ft) (Entered: 03/06/2017)
3/6/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Scott Tucker, Timothy Muir: Notice to Attorney Hagan Cordell Scotten to RE-FILE Document 148 Memorandum of Law in Opposition. Use the event type Response(non-motion) found under the event list Other Documents. (ka) (Entered: 03/06/2017)
3/3/2017 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Opposition by USA as to Scott Tucker, Timothy Muir re: 137 Request to Charge filed by Scott Tucker . (Scotten, Hagan) Modified on 3/6/2017 (ka). (Entered: 03/03/2017)
3/3/2017MEMORANDUM in Opposition by USA as to Scott Tucker, Timothy Muir re 136 MOTION in Limine .. (Scotten, Hagan) (Entered: 03/03/2017)
3/3/2017 REPLY MEMORANDUM OF LAW in Support by USA as to Scott Tucker, Timothy Muir re: 129 MOTION in Limine . . (Attachments: # 1 Exhibit Ex. A Assignment and Assumption Agreement, # 2 Exhibit Ex. B Goldman Affidavit, # 3 Exhibit Ex. C Cohen Letter, # 4 Exhibit Ex. D Cohen E-mail, # 5 Exhibit Ex. E Schulte E-mail)(Scotten, Hagan) (Entered: 03/03/2017)
3/3/2017ORDER granting 144 LETTER MOTION as to Scott Tucker (1). 1. On December 21, 2016, Your Honor authorized CJA counsel to retain Harry Steinmetz a forensic accountant at the rate of $250 per hour; 2. CJA counsel Lee A. Ginsberg subsequently retained the services of accountant, Harry Steinmetz of Friedman LLP; 3. It is hereby ORDERED that Mr. Steinmetz is permitted to submit vouchers on an interim basis for the duration of this matter. (Signed by Judge P. Kevin Castel on 3/2/2017) (ft) (Entered: 03/03/2017)
3/2/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 3/2/2017 re: Expert Interim Voucher Order . Document filed by Scott Tucker. (Attachments: # 1 Expert Order)(Ginsberg, Lee) (Entered: 03/02/2017)
3/1/2017MEMORANDUM AND ORDER denying 97 Motion as to Scott Tucker (1); denying 39 Motion to Dismiss as to Timothy Muir (2); denying 40 Motion to Dismiss as to Timothy Muir (2); denying 44 Motion to Dismiss as to Timothy Muir (2). For the reasons explained, the defendants motion to dismiss Counts One through Four for failure to allege an unlawful debt is DENIED. The defendants related motions also are DENIED. The Clerk is directed to terminate those motions. (Docket # 39, 40, 44, 97.) SO ORDERED. (Signed by Judge P. Kevin Castel on 3/1/2017) (ft) (Entered: 03/01/2017)
3/1/2017AMENDED ORDER FOR THE INTERLOCUTORY SALE OF THE LEARJET granting 141 LETTER MOTION as to Scott Tucker (1), Timothy Muir (2). The Internal Revenue Service ("IRS"), or its designee, will conduct an interlocutory sale of the Learjet. In furtherance of the interlocutory sale of the Learjet, the Learjet may be seized and retained by the IRS, or its designee pending the interlocutory sale. The IRS, or its designee, is further authorized to seize any and all log books for the Learjet, including, but not limited to, the maintenance log books for the Learjet, the engine log books for the Learjet and the airplane log books for the Learjet. The Clerk of the Court shall fo1ward three ce1tified copies of this Order for the Interlocutory Sale of the Learjet to Assistant United States Attorney Niketh Velatnoor, Assistant United States Attorney, United States Attorney's Office, Money Laundering and Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/1/2017) (ft) (Entered: 03/01/2017)
2/28/2017 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Niketh Velamoor dated February 28, 2017 re: 83 Order,,,, re: Amended Order for the Interlocutory Sale of the Learjet . Document filed by USA as to Scott Tucker, Timothy Muir. (Attachments: # 1 Text of Proposed Order Amended Order for the Interlocutory Sale of the Learjet)(Velamoor, Niketh) (Entered: 02/28/2017)
2/27/2017MEMO ENDORSEMENT as to Scott Tucker, Timothy Muir on re: 134 LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 2/17/2017 re: Motion for Reconsideration filed by Scott Tucker. ENDORSEMENT: The government is directed to respond by March 7, 2017. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/27/2017)(ft) (Entered: 02/27/2017)
2/18/2017PROPOSED EXAMINATION OF JURORS by Scott Tucker as to Scott Tucker, Timothy Muir. (Ginsberg, Lee) (Entered: 02/18/2017)
2/18/2017Request To Charge by Scott Tucker as to Scott Tucker, Timothy Muir. (Ginsberg, Lee) (Entered: 02/18/2017)
2/17/2017MEMO ENDORSEMENT granting 133 LETTER MOTION as to Scott Tucker (1). ENDORSEMENT: I will hear argument on motions in limine to the extent needed or desired at the Final Pretrial Conference on April 7. While I understand the desirability of advance planning, I cannot say for sure whether I will be sitting on Fridays. I have civil conferences on Fridays but depending on the pace of the trial, I may cancel the conferences and hold the trial. I regret I cannot be more precise. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/16/2017) (ft) (Entered: 02/21/2017)
2/17/2017 MOTION in Limine . Document filed by Scott Tucker as to Scott Tucker, Timothy Muir. (Van Ness, Beverly) (Entered: 02/17/2017)
2/17/2017MEMORANDUM in Opposition by Scott Tucker, Timothy Muir re 129 MOTION in Limine .. (Van Ness, Beverly) (Entered: 02/17/2017)
2/17/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 2/17/2017 re: Motion for Reconsideration . Document filed by Scott Tucker. (Ginsberg, Lee) (Entered: 02/17/2017)
2/16/2017 LETTER MOTION addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 02/16/2017 re: Request for Oral Argument on Motions In Limine and Trial Scheduling Inquiry . Document filed by Scott Tucker as to Scott Tucker, Timothy Muir. (Ginsberg, Lee) (Entered: 02/16/2017)
2/16/2017ORDER as to Scott Tucker, Timothy Muir. The indictment charges, among other things, that the two defendants operated a "pay day loan" business in which loans were made at usurious rates to thousands of customers. It further alleges that the defendants tried to shield their business from state scrutiny by engaging in sham transactions that made it appear that the lenders were Native American Tribes immune from state usury laws. It also alleges that the loan disclosures to customers were materially false and misleading in setting forth the overall cost of the loan to the customer. Presently before the Court is an ex parte application by defendant Scott Tucker for the issuance of twenty trial subpoenas, pursuant to Rule 17(c), Fed. Crim. P. The subpoenas are returnable five weeks before trial. The subpoenas were transmitted to the Court under cover of two letters dated February 9 but received by mail today....[See this Order]... The Court is unable to conclude that the sought documents meet the relevancy and evidentiary thresholds of Rules 401 and 402, Fed. R. Evid. Nor has it been demonstrated that the defendant cannot properly prepare for trial without the subpoenaed documents. Finally, the nature of the requests suggest that they are in the nature of a "fishing expedition" because there appears to be only a vague hope that the documents will have something that might be of use in defending the case. It is important to adhere to the Nixon standard in this case because it is foreseeable that the result of the issuance of the subpoenas would be a protracted dispute over the application of sovereign immunity. Compare United States v. James, 980 F.2d 1314 (9th Cir. 1992) and Catskill Development, LLC v. Park Place Entertainment Corp., 206 F.R.D. 78,86 (S.D.N.Y. 2002) with United States v. Juvenile Male 1, 431 F.Supp.2d 1012 (D. Ariz. 2006). If the requirements under Rule 17(c) are fully met, a subpoena should issue, regardless of consequences. But an ill-considered determination of compliance with the standard, including an erroneous finding that the materials were necessary to the defense of the action, could improperly derail the prosecution of the action. Applications denied. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/15/2017)(bw) (Entered: 02/16/2017)
2/7/2017131SEALED DOCUMENT placed in vault. (mps) (Entered: 02/07/2017)
2/1/2017EX PARTE LETTER MOTION addressed to Judge P. Kevin Castel from James Roth dated 02/01/2017 re: United States V. Scott Tucker . Document filed by Scott Tucker. (Roth, James) (Entered: 02/01/2017)
1/19/2017 MOTION in Limine . Document filed by USA as to Scott Tucker, Timothy Muir. (Ravi, Sagar) (Entered: 01/19/2017)
1/18/2017PROPOSED EXAMINATION OF JURORS by USA as to Scott Tucker, Timothy Muir. (Ravi, Sagar) (Entered: 01/18/2017)
1/18/2017Request To Charge by USA as to Scott Tucker, Timothy Muir. (Ravi, Sagar) (Entered: 01/18/2017)
1/6/2017ORDER denying 118 LETTER MOTION. Application for adjournment of trial (Doc 118) is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/5/2017) (ft) (Entered: 01/06/2017)
1/5/2017 LETTER by Scott Tucker as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Beverly Van Ness dated 01/04/2017 re: govt. letter #120 Document filed by Scott Tucker. (Van Ness, Beverly) (Entered: 01/05/2017)
1/5/2017***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Scott Tucker, Timothy Muir: Notice to Attorney Beverly Van Ness to RE-FILE Document 124 Letter. ERROR(S): Attorney s/signature or signature missing from document. (ka) (Entered: 01/05/2017)
1/5/2017 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - LETTER by Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from Beverly Van Ness dated 01/04/2017 re: govt. letter #120 (Van Ness, Beverly) Modified on 1/5/2017 (ka). (Entered: 01/05/2017)
1/5/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Scott Tucker, Timothy Muir: Notice to Attorney Beverly Van Ness to RE-FILE Document 123 Reply. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 01/05/2017)
1/4/2017 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY by Scott Tucker as to Scott Tucker, Timothy Muir re: 120 Letter filed by USA . (Van Ness, Beverly) Modified on 1/5/2017 (ka). (Entered: 01/04/2017)
1/3/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Conference proceeding held on 12/1/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/03/2017)
1/3/2017TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Conference held on 12/1/16 before Judge P. Kevin Castel. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/24/2017. Redacted Transcript Deadline set for 2/3/2017. Release of Transcript Restriction set for 4/3/2017. (McGuirk, Kelly) (Entered: 01/03/2017)
1/3/2017 LETTER by USA as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated January 3, 2017 re: Hallinan Decision Document filed by USA. (Attachments: # 1 Exhibit Hallinan Decision)(Scotten, Hagan) (Entered: 01/03/2017)
12/27/2016LETTER RESPONSE in Opposition by USA as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated December 27, 2016 re: 118 LETTER MOTION addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 12/22/2016 re: Adjournment of Trial Date .. (Scotten, Hagan) (Entered: 12/27/2016)
12/22/2016 LETTER MOTION addressed to Judge P. Kevin Castel from Lee A. Ginsberg dated 12/22/2016 re: Adjournment of Trial Date . Document filed by Scott Tucker as to Scott Tucker, Timothy Muir. (Ginsberg, Lee) (Entered: 12/22/2016)
12/9/2016ORDER as to Scott Tucker. It is HEREBY ORDERED that Mr. Abrahms be permitted to submit interim vouchers in this matter every thirty days. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/9/2016)(ft) (Entered: 12/09/2016)
12/9/2016 LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 12/9/10 . Document filed by Scott Tucker. (Attachments: # 1 Order)(Ginsberg, Lee) (Entered: 12/09/2016)
12/1/2016Minute Entry for proceedings held before Judge P. Kevin Castel: Arraignment as to Scott Tucker (1) Count 1s,2s-4s,5s,6s,7s,8s-9s,10s-14s and Timothy Muir (2) Count 1s,2s-4s,5s,6s,7s,8s-9s,10s-14s held on 12/1/2016. Plea entered by Scott Tucker (1) Count 1s,2s-4s,5s,6s,7s,8s-9s,10s-14s and Timothy Muir (2) Count 1s,2s-4s,5s,6s,7s,8s-9s,10s-14s Not Guilty. Defendant Scott Tucker is present with attorneys, Nadjia Limani and James Roth. Defendant Timothy Muir is present with attys. Marc Agnifilo and Thomas Bath. AUSA, Niketh Velamoor, Hagan Scotten and Sagar Ravi, present. Court Reporter: Jennifer Thun. Defendant Tucker and Muir received, reviewed and discussed the S1 Indictment, waive the public reading and each pleads not guilty to the S1 Indictment. Time is excluded until April 17, 2017. Defendants bail conditions continue. (jbo) (Entered: 12/01/2016)
12/1/2016NOTICE OF ATTORNEY APPEARANCE Sagar Kananur Ravi appearing for USA. (Ravi, Sagar) (Entered: 12/01/2016)
11/30/2016(S1) SUPERSEDING INDICTMENT FILED as to Scott Tucker (1) count(s) 1s, 2s-4s, 5s, 6s, 7s, 8s-9s, 10s-14s, Timothy Muir (2) count(s) 1s, 2s-4s, 5s, 6s, 7s, 8s-9s, 10s-14s. (Attachments: # 1 indictment part 2) (jm) (Entered: 12/01/2016)
11/2/2016MEMO ENDORSEMENT granting 112 LETTER MOTION Permission to Travel as to Timothy Muir (2). ENDORSEMENT: Application granted subject to reasonable restrictions by pretrial services. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/1/2016) (ft) (Entered: 11/02/2016)
11/1/2016 LETTER MOTION addressed to Judge P. Kevin Castel from Marc Agnifilo dated November 1, 2016 re: Request to Travel . Document filed by Timothy Muir. (Agnifilo, Marc) (Entered: 11/01/2016)
10/28/2016 REPLY MEMORANDUM OF LAW in Support as to Timothy Muir re: 44 MOTION to Dismiss Counts 1-4. . (Attachments: # 1 Exhibit Exhibit A)(Bath, Thomas) (Entered: 10/28/2016)
10/28/2016 REPLY MEMORANDUM OF LAW in Support as to Scott Tucker re: 97 MOTION dismissal, strike surplusage, discovery . . (Van Ness, Beverly) (Entered: 10/28/2016)
10/28/2016***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Scott Tucker: Notice to Attorney Beverly Van Ness to RE-FILE Document 109 Reply Memorandum of Law in Support of Motion. ERROR(S): Attorney s/ signature missing from document. (ka) (Entered: 10/28/2016)
10/28/2016 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - REPLY MEMORANDUM OF LAW in Support as to Scott Tucker re: 97 MOTION dismissal, strike surplusage, discovery . (Van Ness, Beverly) Modified on 10/28/2016 (ka). (Entered: 10/28/2016)
10/27/2016NOTICE of Change of Address as to Scott Tucker. New Address: Law Office of Beverly Van Ness, 233 Broadway, Suite 2704, New York, NY, 10279, 2122740402. (Van Ness, Beverly) (Entered: 10/27/2016)
10/17/2016MEMO ENDORSEMENT as to Scott Tucker, Timothy Muir on re: 106 LETTER MOTION addressed to Judge P. Kevin Castel from Attorney James Roth, Counsel for Defendant Scott Tucker, dated 10/14/2016 re: United States V. Scott Tucker. I write on behalf of defendants Tucker and Muir to request with no objection from the Government, for an additional week to reply to the Government's response to our joined motion to dismiss and for miscellaneous relief. If Your Honor grants this request, our reply would be due October 28, 2016 instead of October 21, 2016. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge P. Kevin Castel on 10/17/2016)(bw) (Entered: 10/17/2016)
10/14/2016 LETTER MOTION addressed to Judge P. Kevin Castel from James Roth dated 10/14/2016 re: United States V. Scott Tucker . Document filed by Scott Tucker. (Roth, James) (Entered: 10/14/2016)
10/14/2016***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Scott Tucker: Notice to Attorney James Michael Roth to RE-FILE Document 105 LETTER MOTION addressed to Judge P. Kevin Castel from James Roth dated 10/14/2016 re: United States V. Scott Tucker. ERROR(S): Date of letter missing from PDF. (ka) (Entered: 10/14/2016)
10/14/2016 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION addressed to Judge P. Kevin Castel from James Roth dated 10/14/2016 re: United States V. Scott Tucker . Document filed by Scott Tucker. (Roth, James) Modified on 10/14/2016 (ka). (Entered: 10/14/2016)
10/13/2016MEMO ENDORSEMENT granting 102 LETTER MOTION Permission to Travel as to Scott Tucker (1). ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/12/2016) (ft) (Entered: 10/13/2016)
10/7/2016MEMORANDUM in Opposition by USA as to Scott Tucker, Timothy Muir re 39 MOTION to Dismiss Counts 1-4 of the Indictment for Failure to Establish an "Unlawful Debt" as Required by 18 USC 1961(6)., 40 MOTION to Dismiss Count One and to Sever His Trial from Scott Tucker., 97 MOTION dismissal, strike surplusage, discovery .. (Attachments: # 1 Exhibit A)(Scotten, Hagan) (Entered: 10/07/2016)
10/6/2016 LETTER MOTION addressed to Judge P. Kevin Castel from James Roth dated 10/06/2016 re: Request to travel . Document filed by Scott Tucker. (Roth, James) (Entered: 10/06/2016)
9/30/2016MEMO ENDORSEMENT granting 100 LETTER MOTION Permission to Travel as to Timothy Muir (2). ENDORSEMENT: Application granted. So Ordered. by Judge P. Kevin Castel on 9/29/2016) (ft) (Entered: 09/30/2016)
9/29/2016 LETTER MOTION addressed to Judge P. Kevin Castel from MARC AGNIFILO dated SEPTEMBER 29, 2016 re: TRAVEL REQUEST . Document filed by Timothy Muir. (Agnifilo, Marc) (Entered: 09/29/2016)
9/20/2016MEMO ENDORSEMENT as to Scott Tucker, Timothy Muir on re: 95 LETTER MOTION addressed to Judge P. Kevin Castel from Attorney Lee Ginsberg dated 9/19/2016 re: Voire Dire Juror Questionnaire Form. While the trial in the above matter is still in the distance, we would appreciate it if the court would provide us with any written format that the court is currently utilizing for purposes of voir dire so that we may more efficiently determine what requests we wish to make and whether we wish to request that some type of questionnaire be utilized in this case. ENDORSEMENT: The Court does not have jurors complete written questionnaire, with one unusual exception. The document attached is an example of "Questions for Jurors" used as an aid to memory in the oral questioning of jurors. Often, additional questions are asked and there is extensive extemporaneous follow up. SO ORDERED: (Signed by Judge P. Kevin Castel on 9/20/2016)(bw) (Entered: 09/21/2016)
9/20/2016MEMORANDUM in Support by Scott Tucker re 97 MOTION dismissal, strike surplusage, discovery .. (Van Ness, Beverly) (Entered: 09/20/2016)
9/20/2016 MOTION dismissal, strike surplusage, discovery . Document filed by Scott Tucker. (Van Ness, Beverly) (Entered: 09/20/2016)
9/20/2016***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Scott Tucker: Notice to Attorney Beverly Van Ness to RE-FILE Document 96 Memorandum in Support of Motion. ERROR(S): Link to incorrect filing of document#93.***NOTE: Re-file Motion(doc.#93), then re-file & link supporting Memorandum to re-filed motion. (ka) (Entered: 09/20/2016)
9/20/2016 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM in Support by Scott Tucker re 93 MOTION dismissal, strike surplusage, discovery. (Van Ness, Beverly) Modified on 9/20/2016 (ka). (Entered: 09/20/2016)
9/19/2016 LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 9/19/2016 re: Voire Dire Juror Questionnaire Form . Document filed by Scott Tucker. (Ginsberg, Lee) (Entered: 09/19/2016)
9/19/2016***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Scott Tucker: Notice to Attorney Beverly Van Ness to RE-FILE Document 93 MOTION dismissal, strike surplusage, discovery .. ERROR(S): Filing Error of Attachment#1. Supporting Memorandum must be filed individually. Event code located under Replies, Opposition and Supporting documents.***NOTE: Separate docket entry for each. (ka) (Entered: 09/19/2016)
9/16/2016NOTICE OF ATTORNEY APPEARANCE: Nadjia Limani appearing for Scott Tucker, Timothy Muir. Appearance Type: CJA Appointment. (Limani, Nadjia) (Entered: 09/16/2016)
9/16/2016 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION dismissal, strike surplusage, discovery . Document filed by Scott Tucker. (Attachments: # 1 memorandum of law)(Van Ness, Beverly) Modified on 9/19/2016 (ka). (Entered: 09/16/2016)
9/14/2016MEMO ENDORSEMENT granting 91 LETTER MOTION To travel to Las Vegas, Nevada on Thursday, September 15, 2016 returning Saturday, September 17, 2016 for his wife's work retreat as to Timothy Muir...ENDORSEMENT...Application Granted(Signed by Judge P. Kevin Castel on 9/13/2016) (jw) (Entered: 09/14/2016)
9/13/2016 LETTER MOTION addressed to Judge P. Kevin Castel from MARC AGNIFILO dated SEPTEMBER 13, 2016 re: TRAVEL REQUEST . Document filed by Timothy Muir. (Agnifilo, Marc) (Entered: 09/13/2016)
9/8/2016ORDER as to (16-Cr-91-01) Scott Tucker. On August 17, 2017, by Mega Case- Case Budget and Management Form, the following attorneys were appointed in the representation of Scott Tucker pursuant to 18 U.S.C. § 3006A nunc pro tunc to June 30, 2016: 1) James Roth, as lead counsel; 2) Lee A. Ginsberg, as associate counsel; 3) Beverly Van Ness as legal writing attorney; 4) Nadjia Lirnani, as associate attorney. By the application of Lee A. Ginsberg, it is HEREBY ORDERED that all counsel be permitted to submit interim vouchers in this matter every thirty days. SO ORDERED: (Signed by Judge P. Kevin Castel on 9/8/2016)(bw) (Entered: 09/08/2016)
9/8/2016ORDER as to (16-Cr-91-01) Scott Tucker. On August 17, 2016 Lee A. Ginsberg was appointed as CJA counsel nunc pro tunc to June 30, 2016 via a Case Management and Budget Form to represent Scott Tucker in the above referenced matter. However, Lee Ginsberg's name does not appear on the budget which simply lists "Hours for Associate." It is HEREBY ORDERED that Lee A. Ginsberg is appointed pursuant to the Criminal Justice Act, 18 U.S.C. §3006A via a CJA Form 20, Appointment of and Authority to Pay Counsel, to represent Scott Tucker in 16 CR 91 (PKC) nunc pro tunc to June 30, 2016 and the budget should be amended to reflect that change. SO ORDERED: (Signed by Judge P. Kevin Castel on 9/8/2016)(bw) (Entered: 09/08/2016)
9/7/2016 LETTER MOTION addressed to Judge P. Kevin Castel from Lee A.Ginsberg dated 09/07/2016 re: Request for permission to file interim vouchers for assigned counsel . Document filed by Scott Tucker. (Attachments: # 1 Text of Proposed Order)(Ginsberg, Lee) (Entered: 09/07/2016)
9/7/2016 LETTER MOTION addressed to Judge P. Kevin Castel from Lee Ginsberg dated 9/7/2016 . Document filed by Scott Tucker. (Attachments: # 1 Order)(Ginsberg, Lee) (Entered: 09/07/2016)
9/1/2016NOTICE OF ATTORNEY APPEARANCE: Beverly Van Ness appearing for Scott Tucker. Appearance Type: CJA Appointment. (Van Ness, Beverly) (Entered: 09/01/2016)
9/1/2016***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Scott Tucker: Notice to Attorney Beverly Van Ness to RE-FILE Document 85 Notice of Attorney Appearance - Defendant. ERROR(S): Document has not been fully secured, items can be changed/altered in real time. (ka) (Entered: 09/01/2016)
9/1/2016 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF ATTORNEY APPEARANCE: Beverly Van Ness appearing for Scott Tucker. Appearance Type: CJA Appointment. (Van Ness, Beverly) Modified on 9/1/2016 (ka). (Entered: 09/01/2016)
8/31/2016NOTICE OF ATTORNEY APPEARANCE: Lee Alan Ginsberg appearing for Scott Tucker. Appearance Type: CJA Appointment. (Ginsberg, Lee) (Entered: 08/31/2016)
8/8/2016ORDER FOR THE INTERLOCUTORY SALE OF THE LEARJET as to Scott Tucker, Timothy Muir. WHEREAS the Court has considered the government's motion and the appointment of Scott Tucker thereto (Doc. 80). The Internal Revenue Service ("IRS"), or its designee, will conduct an interlocutory sale of the Learjet. In furtherance of the interlocutory sale of the Learjet, the Learjet may be seized and retained by the IRS, or its designee pending the interlocutory sale. The IRS, or its designee, is further authorized to seize any and all log books for the Learjet, including, but not limited to, the maintenance log books for the Learjet, the engine log books for the Learjet and the airplane log books for the Learjet. The Clerk of the Court shall forward three certified copies of this Order for the Interlocutory Sale of the Learjet to Assistant United States Attorney Niketh Velamoor, Assistant United States Attorney, United States Attorney's Office, Money Laundering and Asset Forfeiture Unit, One St. Andrew's Plaza, New York, New York 10007. (Signed by Judge P. Kevin Castel on 8/8/2016)(ft) (Entered: 08/08/2016)
7/29/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Conference proceeding held on 6/10/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Siwik, Christine) (Entered: 07/29/2016)
7/29/2016TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Conference held on 6/10/16 before Judge P. Kevin Castel. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/22/2016. Redacted Transcript Deadline set for 9/1/2016. Release of Transcript Restriction set for 10/31/2016. (Siwik, Christine) (Entered: 07/29/2016)
7/28/2016 RESPONSE in Opposition by Scott Tucker re: 76 MOTION for an Order for Interlocutory Sale of Property .. (Roth, James) (Entered: 07/28/2016)
7/26/2016MEMO ENDORSEMENT granting 78 LETTER MOTION Permission to Travel as to Timothy Muir (2). ENDORSEMENT: Application granted subject to reasonable restrictions of pre-trial supervision. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/26/2016) (ft) (Entered: 07/26/2016)
7/25/2016 LETTER MOTION addressed to Judge P. Kevin Castel from Marc Agnifilo dated 7-25-2016 re: Travel Request . Document filed by Timothy Muir. (Agnifilo, Marc) (Entered: 07/25/2016)
7/13/2016MEMORANDUM in Support by USA as to Scott Tucker, Timothy Muir re 76 MOTION for an Order for Interlocutory Sale of Property .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Velamoor, Niketh) (Entered: 07/13/2016)
7/13/2016 MOTION for an Order for Interlocutory Sale of Property . Document filed by USA as to Scott Tucker, Timothy Muir. (Attachments: # 1 Text of Proposed Order)(Velamoor, Niketh) (Entered: 07/13/2016)
7/7/2016MEMO ENDORSEMENT as to Scott Tucker, Timothy Muir on re: 74 LETTER MOTION filed by USA, addressed to Judge P. Kevin Castel from AUSA Niketh Velamoor dated July 6, 2016 re: Adjournment of Conference/Oral Argument Scheduled For Sept 1, 2016. ENDORSEMENT: September 1 conference is vacated. SO ORDERED: (Signed by Judge P. Kevin Castel on 7/6/2016)(bw) (Entered: 07/07/2016)
7/6/2016 LETTER MOTION addressed to Judge P. Kevin Castel from AUSA Niketh Velamoor dated July 6, 2016 re: Adjournment of Conference/Oral Argument Scheduled For Sept 1, 2016 . Document filed by USA as to Scott Tucker, Timothy Muir. (Velamoor, Niketh) (Entered: 07/06/2016)
6/30/2016Set/Reset Deadlines/Hearings as to Scott Tucker, Timothy Muir: Jury Trial set for 4/17/2017 at 10:00 AM before Judge P. Kevin Castel. (bw) (Entered: 06/30/2016)
6/30/2016ORDER as to Scott Tucker, Timothy Muir. For good cause shown, I will adjourn the trial of this action to April 17, 2017 at 10:00 a.m. THE UNDERSIGNED DOES NOT ANTICIPATE GRANTING A FURTHER ADJOURNMENT OF THE TRIAL DATE. The following schedule is ORDERED: 1.Any and all motions by a defendant (other than motions in limine) shall be filed no later than September 16, 2016. 2. The government shall respond by October 7, 2016. 3. Defendants may file a reply by October 21, 2016. 4. Government proposed jury instructions, voir dire and in limine motions (including Rule 404(b) notice) shall be filed by January 18, 2017. 5. Defense objections and responses to submissions described in paragraph 4, as well as any proposed instructions and voir dire and any in limine motions of their own shall be filed by February 17, 2017. 6.Response by government to submissions described in paragraph S and reply with regard to their own in limine motions shall be filed by March 3, 2017. 7. Any reply by defendants on their own in limine motions shall be filed by March 17, 2016. 8. A Final Pretrial Conference will be held on April 7, 2017 at 2 p.m. The Court accepts the government's representation that it will produce material covered by 18 U.S.C. § 3500 two weeks prior to trial, i.e. April 3, 2017. The ends of justice will be served by granting a continuance of the trial to April 17, 2017 and that the need for this continuance substantially outweighs the best interests of the public and the defendants in a speedy trial. The reasons for my finding are that the time is needed for newly-appointed defense counsel for Mr. Tucker to adequately prepare for trial given the large volume of documents and to accommodate the trial schedule of counsel for co-defendant Mr. Mr. Muir. Accordingly the time between today and April 17, 2017 is excluded under the Speedy Trial Act. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/30/2016)(bw) (Entered: 06/30/2016)
6/29/2016 LETTER by USA as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from AUSA Niketh Velamoor dated June 29, 2016 re: Schedule Document filed by USA. (Scotten, Hagan) (Entered: 06/29/2016)
6/29/2016MEMO ENDORSEMENT granting 68 LETTER MOTION Request to travel as to Scott Tucker (1). ENDORSEMENT: Application Granted for the period of July 1 to July 31, 2016 to travel from the District of Kansas to the District of Colorado provided that ALL conditions of pre-trial release and directions of pre-trial services shall be complied with. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/29/2016) (ft) (Entered: 06/29/2016)
6/29/2016 LETTER MOTION addressed to Judge P. Kevin Castel from James Roth dated 06/29/2016 re: United States v. Scott Tucker . Document filed by Scott Tucker. (Roth, James) (Entered: 06/29/2016)
6/29/2016 LETTER MOTION addressed to Judge P. Kevin Castel from Thomas J. Bath, Jr. dated 06/29/16 re: Continuance of Trial Date . Document filed by Timothy Muir. (Bath, Thomas) (Entered: 06/29/2016)
6/29/2016 LETTER MOTION addressed to Judge P. Kevin Castel from James Roth dated 06/29/2016 re: United States v. Scott Tucker . Document filed by Scott Tucker. (Roth, James) (Entered: 06/29/2016)
6/20/2016ORDER as to Scott Tucker, Timothy Muir. Mr. Roth, Mr. Tucker's counsel, seeks a continuance of the trial until April 1, 2017. By June 29, 2016, the parties shall file letters responding as follows: 1. Mr. Tucker's position on the exclusion of time under the Speedy Trial Act until April 3, 2017. 2. The positions of Mr. Muir and the government on the issue of an adjournment of trial to April 3, 2017, including the availability of counsel and whether there is consent to the exclusion of time under the Speedy Trial Act until April 3, 2017. The government should include its latest estimate of the length of its case. 3. Any other dates that should be adjusted if the Court adjourns the trial to April 3, 2017 with the proposed new dates. After receiving the foregoing, the Court will decide whether to grant the adjournment. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/17/2016)(ft) Modified on 6/20/2016 (ft). (Entered: 06/20/2016)
6/17/2016 LETTER MOTION addressed to Judge P. Kevin Castel from James Roth dated 06/17/2016 re: United States v. Scott Tucker et al. 16Cr,0091 (PKC) . Document filed by Scott Tucker. (Roth, James) (Entered: 06/17/2016)
6/16/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Conference proceeding held on 6/3/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Siwik, Christine) (Entered: 06/16/2016)
6/16/2016TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Conference held on 6/3/16 before Judge P. Kevin Castel. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016. (Siwik, Christine) (Entered: 06/16/2016)
6/14/2016MEMO ENDORSEMENT as to Scott Tucker on re: 62 Letter filed by Scott Tucker. ENDORSEMENT: Application Granted. (Signed by Judge P. Kevin Castel on 6/14/2016)(ft) (Entered: 06/14/2016)
6/14/2016 LETTER by Scott Tucker addressed to Judge P. Kevin Castel from Paula M. Junghans dated June 14, 2016 re: Request for Order Granting Withdrawal of Paula Junghans & Paul Hynes as Scott Tucker's Counsel (Junghans, Paula) (Entered: 06/14/2016)
6/10/2016Attorney update in case as to Scott Tucker. Attorney James Michael Roth for Scott Tucker added. (jbo) (Entered: 06/10/2016)
6/10/2016Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference as to Scott Tucker, Timothy Muir held on 6/10/2016. Defendant Scott Tucker is present with attorneys, Paul Schechtman. Also present today is CJA attorney, James Roth. Defendant Timothy Muir is present with attys. Marc Agnifilo and Thomas Bath. AUSA, Niketh Velamoor, and Intern: Sara Maldonado, present. Scott Tucker (sworn). Court grants Paul Schechtman application to withdraw as counsel for Scott Tucker and appoints James Roth pursuant to the CJA Plan. Defendant Tucker's motions due July 8, 2016; Gov't consolidated responses due July 29, 2016; defs' replies due August 12, 2016. The next conference is scheduled for September 1, 2016 at 2:00 p.m. Gov't to produce 3500 material by 9/30/2016. Defendants bail conditions continue. (Status Conference set for 9/1/2016 at 02:00 PM before Judge P. Kevin Castel.) (jbo) (Entered: 06/10/2016)
6/10/2016Attorney update in case as to Scott Tucker (1). Attorney James Roth for Scott Tucker added. Attorney Paul Lewis Shechtman terminated. (bw); [*** NOTE: Refer to Staff Note filed on 6/21/2016. ***] Modified on 6/21/2016 (bw). (Entered: 06/10/2016)
6/10/2016ORDER as to (16-Cr-91-01) Scott Tucker. Paul Shecthman, attorney retained in this case, is hereby ordered substituted and the representation of the defendant in the above captioned matter is assigned to JAMES ROTH, pursuant to the terms of the CJA Plan, subject to possible later reimbursement. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/10/2016)(bw); (Main Document 61 replaced on 6/21/2016) (bw). Modified on 6/21/2016 (bw). (Entered: 06/10/2016)
6/9/2016 LETTER by USA as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from AUSA Niketh Velamoor dated June 9, 2016 re: CJA Affidavit Document filed by USA. (Scotten, Hagan) (Entered: 06/09/2016)
6/7/2016 LETTER by Scott Tucker addressed to Judge P. Kevin Castel from Paul Shechtman dated June 7, 2016 re: CJA Counsel (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Supplement)(Shechtman, Paul) (Entered: 06/07/2016)
6/3/2016Minute Entry for proceedings held before Judge P. Kevin Castel:Status Conference as to Scott Tucker, Timothy Muir held on 6/3/2016 as to Scott Tucker, Timothy Muir( Status Conference set for 6/10/2016 at 03:00 PM before Judge P. Kevin Castel) Defendant Scott Tucker is present with attorneys, Paul Schechtman, Paula Junghans. Defendant Timothy Muir is present with attys. Marc Agnifilo and Thomas Bath. AUSAs, Niketh Velamoor and Hagan Scotten, present. The Court denied without prejudice to renewal at trial Timothy Muir's motion to strike portions of the Indictment as surplus. (Dkt. 38). The Court denied with prejudice Timothy Muir's motion for a bill of particulars. (Dkt. 42). Next conference is scheduled for June 10, 2016 at 3:00 p.m. (jw) (Entered: 06/07/2016)
6/3/2016MEMO ENDORSEMENT granting 57 LETTER MOTION filed by Timothy Muir (2), addressed to Judge P. Kevin Castel from Attorney Marc Agnifilo dated 5-31-16 re: Permission to bring phones into courthouse. If the Court is in agreement with the content and form of this request, and as a convenience to the Court, the Court may sign this letter and by so signing, direct the relevant personnel at 500 Pearl Street to allow counsel in this matter to bring their phones into the building at 500 Pearl Street during the conference on Friday, June 3, 2016 at 2:30 PM. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/2/2016) (bw) (Entered: 06/03/2016)
5/31/2016 LETTER MOTION addressed to Judge P. Kevin Castel from Marc Agnifilo dated 5-31-16 re: Permission to bring phones into courthouse . Document filed by Timothy Muir. (Agnifilo, Marc) (Entered: 05/31/2016)
5/31/2016 LETTER MOTION addressed to Judge P. Kevin Castel from Paul Shechtman dated 05/31/2016 re: June 3, 2016 Status Conference . Document filed by Scott Tucker. (Shechtman, Paul) (Entered: 05/31/2016)
5/31/2016NOTICE of Change of Address as to Scott Tucker. New Address: Bracewell LLP, 1251 Avenue of the Americas, 49th Floor, New York, NY, USA 10020, 212 508 6100. (Shechtman, Paul) (Entered: 05/31/2016)
5/24/2016 REPLY TO RESPONSE to Motion by Timothy Muir re 42 MOTION for Bill of Particulars .. (Bath, Thomas) (Entered: 05/24/2016)
5/20/2016ENDORSED LETTER as to Timothy Muir addressed to Judge P. Kevin Castel from Marc Agnifilo, Esq. dated 5/19/2016 re: Permission to Travel. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge P. Kevin Castel on 5/19/2016)(ft) (Entered: 05/20/2016)
5/20/2016ENDORSED LETTER as to Scott Tucker addressed to Judge P. Kevin Castel from Paula M. Junghans dated 5/18/2016 re: Permission to Travel. ENDORSEMENT: Application Granted. (Signed by Judge P. Kevin Castel on 5/19/2016)(ft) (Entered: 05/20/2016)
5/19/2016MEMORANDUM in Opposition by USA as to Timothy Muir re 42 MOTION for Bill of Particulars ., 38 MOTION to Strike Surplusage from Indictment.. (Velamoor, Niketh) (Entered: 05/19/2016)
5/18/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Conference proceeding held on 4/22/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Siwik, Christine) (Entered: 05/18/2016)
5/18/2016TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Conference held on 4/22/16 before Judge P. Kevin Castel. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/13/2016. Redacted Transcript Deadline set for 6/23/2016. Release of Transcript Restriction set for 8/19/2016. (Siwik, Christine) (Entered: 05/18/2016)
5/16/2016MEMO ENDORSEMENT as to Scott Tucker, Timothy Muir on re: 47 LETTER by USA addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated May 12, 2016 re: Schedule for Motions to Dismiss. On May 10, 2016, Muir filed four motions: (1) a motion for a bill of particulars; (2) a motion to strike portions of the indictment as surplus; (3) a motion to dismiss count one of the indictment and sever the defendants' trials, and (4) a motion to dismiss counts one through four of the indictment.The Government will respond to the first two motions on or before May 19, 2016, as already scheuled. With respect to the remaining two motions -- both of which seek to dismiss portions of the indictment -- no schedule for the Government's response has yet been set. The Government proposes to respond to those motions simultaneous with its responses to Tucker's anticipated motion or motions to dismiss, following whatever calendar the Court sets for Tucker's motions at the scheduled June 3, 2016 conference. ENDORSEMENT: The government's proposal is adopted. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/13/2016)(bw) (Entered: 05/16/2016)
5/12/2016 LETTER by USA as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from AUSA Hagan Scotten dated May 12, 2016 re: Schedule for Motions to Dismiss Document filed by USA. (Scotten, Hagan) (Entered: 05/12/2016)
5/11/2016 MOTION to Withdraw Document Doc. #41. Document filed by Timothy Muir. (Bath, Thomas) (Entered: 05/11/2016)
5/11/2016 MOTION to Withdraw Document #39. Document filed by Timothy Muir. (Bath, Thomas) (Entered: 05/11/2016)
5/11/2016 MOTION to Dismiss Counts 1-4. Document filed by Timothy Muir. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Bath, Thomas) (Entered: 05/11/2016)
5/11/2016AFFIDAVIT of Thomas J. Bath, Jr. in Support as to Timothy Muir re 42 MOTION for Bill of Particulars .. (Bath, Thomas) (Entered: 05/11/2016)
5/11/2016 MOTION for Bill of Particulars . Document filed by Timothy Muir. (Bath, Thomas) (Entered: 05/11/2016)
5/11/2016NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Timothy Muir: Notice to Attorney Thomas J. Bath to RE-FILE Document 41 MOTION to Dismiss Counts 1-4 f the Indictment for Failure to Establish an "Unlawful Debt" as Required by 18 USC 1961(6). Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ka) (Entered: 05/11/2016)
5/11/2016***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Timothy Muir: Notice to Attorney Thomas J. Bath to RE-FILE Document 37 MOTION for Bill of Particulars. ERROR(S): Filing Error of Attachment#1. Supporting Affidavit must be individually. Event code located under Replies, Opposition and Supporting Documents. (ka) (Entered: 05/11/2016)
5/10/2016 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Counts 1-4 f the Indictment for Failure to Establish an "Unlawful Debt" as Required by 18 USC 1961(6). Document filed by Timothy Muir. (Attachments: # 1 Exhibit, # 2 Exhibit)(Bath, Thomas) Modified on 5/11/2016 (ka). (Entered: 05/10/2016)
5/10/2016 MOTION to Dismiss Count One and to Sever His Trial from Scott Tucker. Document filed by Timothy Muir. (Bath, Thomas) (Entered: 05/10/2016)
5/10/2016 MOTION to Dismiss Counts 1-4 of the Indictment for Failure to Establish an "Unlawful Debt" as Required by 18 USC 1961(6). Document filed by Timothy Muir. (Attachments: # 1 Exhibit, # 2 Exhibit)(Bath, Thomas) (Entered: 05/10/2016)
5/10/2016 MOTION to Strike Surplusage from Indictment. Document filed by Timothy Muir. (Bath, Thomas) (Entered: 05/10/2016)
5/10/2016 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Bill of Particulars . Document filed by Timothy Muir. (Attachments: # 1 Affidavit)(Bath, Thomas) Modified on 5/11/2016 (ka). (Entered: 05/10/2016)
5/3/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Conference proceeding held on 4/22/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/03/2016)
5/3/2016TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Conference held on 4/22/16 before Judge P. Kevin Castel. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/27/2016. Redacted Transcript Deadline set for 6/6/2016. Release of Transcript Restriction set for 8/4/2016. (McGuirk, Kelly) (Entered: 05/03/2016)
4/25/2016 LETTER by Timothy Muir addressed to Judge P. Kevin Castel from Marc Agnifilo dated 4-25-2016 (Agnifilo, Marc) (Entered: 04/25/2016)
4/22/2016Minute Entry for proceedings held before Judge P. Kevin Castel: Status Conference as to Scott Tucker, Timothy Muir held on 4/22/2016. Defendant Scott Tucker is present with attorneys, Paul Schechtman, Paula Junghans. Defendant Timothy Muir is present with attys. Marc Agnifilo and Thomas Bath. AUSAs, Niketh Velamoor and Hagan Scotten, present. Next conference is scheduled for June 3, 2016 at 2:30 p.m. Gov't submissions due August 19, 2016, Defs' responses and submissions due September 16, 2016, any reply due September 28, 2016. Final pretrial conference set for October 7, 2016 at 11:30 a.m. Trial is set for October 17, 2016 at 10:00 a.m. Time is excluded until 10/17/2016. Defendants' bail conditions continue. (Pretrial Conference set for 10/7/2016 at 11:30 AM, Status Conference set for 6/3/2016 at 02:30 PM before Judge P. Kevin Castel.) (jbo) (Entered: 04/25/2016)
4/20/2016ENDORSED LETTER as to (16-Cr-91-01) Scott Tucker addressed to Judge P. Kevin Castel from Attorney Paul Shechtman dated April 19, 2016 re: Defense counsel in this criminal case spoke yesterday with the FTC about obtaining relief from the Nevada freeze order that has deprived Scott Tucker of funds with which to pay us to defend him. There is still no resolution. Under the circumstances, I write to make the following request: (i) would the Court consider adjourning Friday's status conference for three weeks so that we can continue discussions with the FTC and be in a better position to inform the Court about Mr. Tucker's ability to afford retained counsel? Or (ii) would the Court waive Mr. Tucker's appearance at Friday's conference to save him the cost of flying from St. Louis and back? ENDORSEMENT: The conference starts as scheduled. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/18/2016)(bw) (Entered: 04/20/2016)
4/18/2016NOTICE OF ATTORNEY APPEARANCE Hagan Cordell Scotten appearing for USA. (Scotten, Hagan) (Entered: 04/18/2016)
4/18/2016 LETTER by Scott Tucker addressed to Judge P. Kevin Castel from Paul Shechtman dated April 18, 2016 re: Scott Tucker (Attachments: # 1 Asset Freeze Order)(Shechtman, Paul) (Entered: 04/18/2016)
4/8/2016POST-INDICTMENT RESTRAINING ORDER as to Scott Tucker, Timothy Muir. IT IS HEREBY ORDERED that SCOTT TUCKER AND TIMOTHY MUIR (collectively, the "Defendants"), and all attorneys, agents, and employees, and anyone acting on the behalf of either or both, and all persons or entities in active concert or participation with any of the above, and all persons or entities having knowledge of this Order, shall not take any action prohibited by this Order. (Signed by Judge J. Paul Oetken on 2/9/2016)(jw) (Entered: 04/12/2016)
4/8/2016Transmission to Sealed Records Clerk: as to Scott Tucker, Timothy Muir. Transmitted re: 29 Endorsed Letter, to the Sealed Records Clerk for the unsealing of document. (bw) (Entered: 04/08/2016)
4/8/2016ENDORSED LETTER as to Scott Tucker, Timothy Muir addressed to Judge P. Kevin Castel from AUSA Niketh Velamoor dated April 7, 2016 re: The Government writes with respect to the Post Indictment Restraining Order in the above referenced case that was signed by the Honorable J. Paul Oetken on February 9, 2016 (the "PIRO"). A copy of the PIRO is attached to this letter. It has come to the Government's attention that the PIRO is still under seal and has not been entered onto the docket. Pursuant to the terms of the PIRO, the PIRO was to remain under seal until the unsealing of the criminal Indictment. (1) Since the Indictment has already been unsealed, the Government respectfully requests that the PIRO also be unsealed. (2) In order to avoid any confusion and ensure that the Subject Vehicle is properly restrained, the Government respectfully requests that Your Honor order that the VIN number listed in item "k" of the PIRO be modified to reflect the correct VIN for the Subject Vehicle: ZFF69PXX000170883. ENDORSEMENT: The government's two applications are granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/7/2016)(bw) (Entered: 04/08/2016)
3/22/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Scott Tucker, Timothy Muir. Notice is hereby given that an official transcript of a Arraignment proceeding held on 2/23/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/22/2016)
3/22/2016TRANSCRIPT of Proceedings as to Scott Tucker, Timothy Muir re: Arraignment held on 2/23/16 before Judge P. Kevin Castel. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/15/2016. Redacted Transcript Deadline set for 4/25/2016. Release of Transcript Restriction set for 6/23/2016. (McGuirk, Kelly) (Entered: 03/22/2016)
3/17/2016ENDORSED LETTER as to Scott Tucker addressed to Judge P. Kevin Castel from Paul Shechtman dated 3/17/2016 re: Extension of Deadline. ENDORSEMENT: Defendant Tucker is placed on pretrial supervision. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/17/2016)(ft) (Entered: 03/17/2016)
3/17/2016ORDER ADMITTING PAUL B. HYNES, JR., PRO HAC VICE granting 23 Motion for Paul B. Hynes, Jr. to Appear Pro Hac Vice as to Scott Tucker (1). It is hereby ordered that Paul B. Hynes, Jr., is admitted to practice Pro Hac Vice in the above-captioned action in the United States District Court for the Southern District of New York. (Signed by Judge P. Kevin Castel on 3/17/2016) (ft) (Entered: 03/17/2016)
3/14/2016>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 AMENDED MOTION for Paul Bernard Hynes, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 03/14/2016)
3/14/2016AMENDED MOTION for Paul Bernard Hynes, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scott Tucker. (Attachments: # 1 Exhibit Certificate of Good Standing from D.C. Court of Appeals, # 2 Exhibit Certificate of Good Standing from Supreme Court of Virginia, # 3 Text of Proposed Order)(Hynes, Paul) (Entered: 03/14/2016)
3/10/2016ENDORSED LETTER as to Timothy Muir addressed to Judge P. Kevin Castel from Marc Agnifilo, Esq. dated 3/9/2016 re: Permission to Travel. ENDORSEMENT: Application granted. The terms of pre-trial release are MODIFIED to include pretrial supervision...Mr. Muir shall contact pretrial services within 72 hours. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/9/2016)(ft) (Entered: 03/10/2016)
3/7/2016ENDORSED LETTER as to Scott Tucker addressed to Judge P. Kevin Castel from Paul Shechtrnan dated 3/4/2016 re: Modification of bail. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/4/2016)(ft) (Entered: 03/07/2016)
3/7/2016 PROTECTIVE ORDER as to Scott Tucker, Timothy Muir...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge P. Kevin Castel on 3/4/2016)(ft) (Entered: 03/07/2016)
3/7/2016ORDER ADMITTING PAULA M. JUNGHANS PRO HAC VICE: as to (16-Cr-91-01) Scott Tucker. The motion of Paula M. Junghans for admission to practice Pro Hac Vice in the above-captioned action is hereby GRANTED. Application has declared that she is a member in good standing of the bars of the District of Columbia and the State of Maryland and that her contact information is as follows:...[See this Order]... Applicant having requested admission Pro Hac Vice to appear for all purposes as counsel for Defendant Scott Tucker in the above-captioned action; IT IS HEREBY ORDERED that Paula M. Junghans is admitted to practice Pro Hac Vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Riders governing the discipline of attorneys. (Signed by Judge P. Kevin Castel on 3/7/2016)(bw) (Entered: 03/07/2016)
3/4/2016>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for Paula M. Junghans to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12030122. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 03/04/2016)
3/4/2016 MOTION for Paula M. Junghans to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12030122. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scott Tucker. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Junghans, Paula) (Entered: 03/04/2016)
3/4/2016NOTICE OF ATTORNEY APPEARANCE: Paul Lewis Shechtman appearing for Scott Tucker. Appearance Type: Retained. (Shechtman, Paul) (Entered: 03/04/2016)
3/4/2016>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice as to Scott Tucker, Timothy Muir to RE-FILE Document No. 15 MOTION for Paul Bernard Hynes, Jr. to Appear Pro Hac Vice for Defendant Scott Tucker. Filing fee $ 200.00, receipt number 0208-12029406. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi) (Entered: 03/04/2016)
3/4/2016 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Paul Bernard Hynes, Jr. to Appear Pro Hac Vice for Defendant Scott Tucker. Filing fee $ 200.00, receipt number 0208-12029406. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scott Tucker as to Scott Tucker, Timothy Muir. (Attachments: # 1 Exhibit Ex. A, D.C. Bar Certificate of Good Standing, # 2 Exhibit Ex. B, Virginia Bar Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Hynes, Paul) Modified on 3/4/2016 (sdi). (Entered: 03/04/2016)
3/1/2016Minute Entry on "District Judge Bail Disposition Sheet" for proceedings held before Judge P. Kevin Castel: Bond Hearing as to (16-Cr-91-01) Scott Tucker held on 3/1/2016. For the Government, Niketh Velamoor. Defense Counsel Paul Shechtman. BAIL DISPOSITION: $2,000,000 bond to be signed by February 23, 2016; Co-signed by 3 FRPs by March 5, 2016; Secured by defendant's and defendant's wife's interest in 2405 W. 114th St., Leawood, KS 66211; Surrender passport and make no new applications; Travel to District of Kansas and Western District of Missouri and SDNY and EDNY; defendant will not use any private plane and will transfer control and custody of any private plane to 3rd party acceptable to Government. Defendant to be released on own signature. Remaining conditions to be met by March 5, 2016. (Signed by Judge P. Kevin Castel on 2/23/2016) (bw) (Entered: 03/01/2016)
2/26/2016ENDORSED LETTER as to Scott Tucker addressed to Judge P. Kevin Castel from Paul Shechtman dated 2/26/2016 re: Modification of that travel limit to permit. ENDORSEMENT: Application granted subject to reasonable restrictions by pretrial services. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/26/2016)(ft) (Entered: 02/26/2016)
2/24/2016***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Scott Tucker: Notice to Attorney Paul Lewis Shechtman to RE-FILE Document 11 Notice of Attorney Appearance - Defendant. ERROR(S): Document has not been fully secured, items can be changed/altered in real time. (ka) (Entered: 02/24/2016)
2/23/2016PRB Bond Entered as to Timothy Muir in amount of $ 400,000. To be signed by 2/23/2016 and co-signed by deft's wife by 3/5/16; and secured by property at 13411 W. 120th St, Overland, Park, KS owned by deft and his wife; Surrender passport and make no new applications; Travel restricted to Dist of Kansas, WD Missouri and SDNY/EDNY; Deft to be released on own signature. Remaining conditions to be met by 3/5/16. (jw) (Entered: 03/22/2016)
2/23/2016PRB Bond Entered as to Scott Tucker in amount of $2,000,000. To be signed by 2/23/2016 and co-signed by three financially responsible persons by 3/5/16; and secured by property at 2405 W 114 st., Leawood, KS 66211 owned by deft and his wife; Surrender passport and make no new applications; Travel restricted to Dist of Kansas; WD Missouri and SDNY/EDNY; Deft will not use any private plane and will transfer control and custody of any private plane to a third party acceptable to the Government. Deft to be released on own signature with remaining conditions to be met by 3/5/16. (jw) (Entered: 03/09/2016)
2/23/2016Minute Entry for proceedings held before Judge P. Kevin Castel:Bond Hearing on disposition sheet as to Timothy Muir held on 2/23/2016. Deft present with atty Marc Agnifilo and Tom Bath. AUSA Niketh Velamoor present. $400,000 bond to be signed by February 23, 2016. Co-signed by defendant's wife by March 5, 2016. Secured by defendant's and defendant's wife interest in Overland Park, KS. Surrender passport and make no new applications. Travel to District of Kansas, West Dist of Missouri, SDNY, EDNY. Deft to be released on their own signature. Remaining conditions to be met by March 5, 2016. (jw) (Entered: 02/24/2016)
2/23/2016Minute Entry for proceedings held before Judge P. Kevin Castel: Arraignment as to Scott Tucker (1) Count 1,2,3,4,5-9 and Timothy Muir (2) Count 1,2,3,4,5-9 held on 2/23/2016. Plea entered by Scott Tucker (1) Count 1,2,3,4,5-9 and Timothy Muir (2) Count 1,2,3,4,5-9 Not Guilty. Defendant Scott Tucker is present with attorney, Paul Schechtman, Jeff Morris, Paula Junghans. Defendant Timothy Muir is present with attys. Marc Agnifilo and Thomas Bath. AUSA, Niketh Velamoor, present. Defendants Scott Tucker and Timothy Muir plead not guilty to the Indictment. The next conference is scheduled for April 22, 2016 at 2:00 p.m. Time is excluded until 4/22/2016. Bail and bond conditions set. Defendants' bail conditions continue. (Pretrial Conference set for 4/22/2016 at 02:00 PM before Judge P. Kevin Castel.) (jbo) (Entered: 02/23/2016)
2/23/2016Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Appearance as to Scott Tucker, Timothy Muir held on 2/23/2016. (jbo) (Entered: 02/23/2016)
2/23/2016 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF ATTORNEY APPEARANCE: Paul Lewis Shechtman appearing for Scott Tucker. Appearance Type: Retained. (Shechtman, Paul) Modified on 2/24/2016 (ka). (Entered: 02/23/2016)
2/23/2016Attorney update in case as to Timothy Muir (2). Attorney Thomas J. Bath for Timothy Muir added. (bw) (Entered: 02/23/2016)
2/23/2016ORDER granting 8 Motion for Thomas J. Bath, Jr. to Appear Pro Hac Vice as to Timothy Muir (2). ENDORSEMENT: Application GRANTED. Counsel should be area that he will be required to appear in person at all conferences in this matter. Counsel should be fully familiar with the Local Rules of this Court and this Court's individual practices. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/23/2016) (bw) (Entered: 02/23/2016)
2/23/20169Rule 5(c)(3) Documents Received as to Scott Tucker, Timothy Muir from the United States District Court - District of Kansas (Kansas City), Case Number: 16-8021-DJW. Documents received as to Scott Tucker: Waiver of Rule 5 & 5.1 Hearings, Order Setting Conditions of Release, Appearance Bond. Documents received as to Timothy Muir: Waiver of Rule 5 & 5.1 Hearings, Order Setting Conditions of Release, Appearance Bond. (bw) (Entered: 02/23/2016)
2/22/2016>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Thomas Joseph Bath, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11981303. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) (Entered: 02/22/2016)
2/22/2016 MOTION for Thomas Joseph Bath, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11981303. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Timothy Muir. (Attachments: # 1 Text of Proposed Order, # 2 Supplement)(Agnifilo, Marc) (Entered: 02/22/2016)
2/19/2016NOTICE OF CASE REASSIGNMENT as to Scott Tucker, Timothy Muir, to Judge Judge P. Kevin Castel. Judge Judge Kimba M. Wood no longer assigned to the case. (wb) (Entered: 02/19/2016)
2/18/2016NOTICE OF ATTORNEY APPEARANCE: Marc Antony Agnifilo appearing for Timothy Muir. Appearance Type: Retained. (Agnifilo, Marc) (Entered: 02/18/2016)
2/18/2016ORDER as to Scott Tucker, Timothy Muir. Time excluded from 2/18/16 until 2/23/16. Upon the application of the government, consented to by defense counsel, an arraignment for defendants is scheduled for February 23, 2016 at 2:30 p.m. in Courtroom 11D. I find that the ends of justice will be served by granting a continuance and that taking such action outweighs the best interest of the public and the defendant in a speedy trial. My reasons for this finding are that the grant of the continuance is needed to accommodate the schedules of counsel. Accordingly, the time between today and February 23, 2016 is excluded (Signed by Judge P. Kevin Castel on 2/18/2016)(jw) (Entered: 02/18/2016)
2/17/2016NOTICE OF CASE REASSIGNMENT as to Scott Tucker, Timothy Muir, to Judge Judge Kimba M. Wood. Judge Judge Katherine B. Forrest no longer assigned to the case. (wb) (Entered: 02/17/2016)
2/10/20165SEALED DOCUMENT placed in vault. (mps) (Entered: 02/10/2016)
2/9/2016INDICTMENT UNSEALED as to Scott Tucker, Timothy Muir. (jbo) (Entered: 02/10/2016)
2/9/2016Case Designated ECF as to Scott Tucker, Timothy Muir. (jbo) (Entered: 02/10/2016)
2/9/2016Order to Unseal Indictment as to Scott Tucker, Timothy Muir. (Signed by Magistrate Judge Frank Maas on 2/9/16)(jbo) (Entered: 02/10/2016)
2/8/2016SEALED INDICTMENT FILED as to Scott Tucker (1) count(s) 1, 2, 3, 4, 5-9, Timothy Muir (2) count(s) 1, 2, 3, 4, 5-9. (jbo) (Entered: 02/10/2016)