USA v. Percoco et al

1:16-cr-00776 | New York Southern District Court

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Division Foley Square
Judge Judge Valerie E. Caproni
Filed Nov. 22, 2016
Terminated March 15, 2019
Case Flags CLOSED, APPEAL, and ECF
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5 Weeks
  • 5/7/2025
First, a REAL ID-compliant travel document (such as an enhanced driver license or passport), will be required for even domestic air travel within the United States beginning on May 7, 2025.
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3 Months
  • 7/17/2025
(Status Conference set for 7/17/2025 at 02:30 PM in Courtroom 20C, 500 Pearl Street
IT IS FURTHER ORDER ED that, if the Court has not already had a status conference pursuant to the paragraph above, the parties appear for a status conference on July 17, 2025 at 2:30 P.M. in Courtroom 20C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street
IT IS FURTHER ORDERED that the period between March 14, 2025, and July 17, 2025, is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A).
New York, NY 10007 before Judge Valerie E. Caproni) (Time excluded from 3/14/2025 until 7/17/2025) (Signed by Judge Valerie E. Caproni on 3/14/2025) (lnl)
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Filing Date # Docket Text
3/14/2025Status Conference, Status Conference, Status Conference, Status Conference
3/14/2025 ORDER as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli: IT IS HEREBY ORDERED that the parties must meet and confer and file a joint letter proposing next steps within one week of the Supreme Court's decision in Kousisis v. United States, No. 23-909, and if it appears that this case will proceed, that letter must propose three mutually convenient dates for a status conference to be held not later than three weeks after the date of the decision. IT IS FURTHER ORDER ED that, if the Court has not already had a status conference pursuant to the paragraph above, the parties appear for a status conference on July 17, 2025 at 2:30 P.M. in Courtroom 20C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, N ew York, New York, 10007. IT IS FURTHER ORDERED that the period between March 14, 2025, and July 17, 2025, is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A). As stated on the record at the Conference, the Court finds that the e nds of justice outweigh the interest of the public and the Defendants in a speedy trial, as the parties agree that the Supreme Court's decision in Kousisis v. United States, No. 23-909, will affect the Government's next steps in this case . SO ORDERED. (Status Conference set for 7/17/2025 at 02:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Valerie E. Caproni) (Time excluded from 3/14/2025 until 7/17/2025) (Signed by Judge Valerie E. Caproni on 3/14/2025) (lnl)
3/7/2025Memo Endorsement, Memo Endorsement, Memo Endorsement, Memo Endorsement
3/7/2025 ORDER TO RETURN CRIMINAL FINE AND SPECIAL ASSESSMENT as to Alain Kaloyeros. IT IS HEREBY ORDERED THAT: 1. The Clerk of Court is directed to return $100,300 to Dr. Kaloyeros, representing the sum he paid to the Court in satisfaction of his f ine and special assessment, by Electronic Funds Transfer using the banking information on the Form AO 213P Dr. Kaloyeros will provide to the Finance/Cashier Department. (Signed by Judge Valerie E. Caproni on 3/7/2025) (See ORDER set forth) (Forwarded to Financia Unit via email on 3/7/2025) (ap)
3/7/2025 ORDER TO RETURN CRIMINAL FINE, SPECIAL ASSESSMENT, AND FORFEITURE as to Joseph Gerardi. IT IS HEREBY ORDERED THAT: 1. The Consent Preliminary Order of Forfeiture/Money Judgment (Dkt. 982) is vacated. 2. The Clerk of Court is directed to ret urn $250,200 to Mr. Gerardi, representing the sum he paid to the Court in satisfaction of his fine and special assessment with respect to Counts One and Two, by Electronic Funds Transfer using the banking information on the Form AO 213P Mr. G erardi will provide to the Finance/Cashier Department. 3. The Government is directed to return the $898,954.20 forfeiture amount to Mr. Gerardi in accordance with the ACH form Mr. Gerardi will submit to the United States Attorney's Office. (Signed by Judge Valerie E. Caproni on 3/7/2025) (See ORDER set forth) (Forwarded to Financia Unit via email on 3/7/2025) (ap)
3/7/2025 ORDER TO RETURN CRIMINAL FINE, SPECIAL ASSESSMENT, AND FORFEITURE as to Louis Ciminelli. IT IS HEREBY ORDERED THAT: 1. The Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment (Dkt. 980) is vacated. 2. The Clerk of Court is respectfully directed to return $500,200 to Mr. Ciminelli, representing the sum he paid to the Court in satisfaction of his fine and special assessment, by Electronic Funds Transfer using the banking information on the Form AO 213P Mr . Ciminelli will provide to the Finance/Cashier Department. 3. The Government is directed to return the $1,600,000 money judgment forfeiture amount to Mr. Ciminelli in accordance with the ACH form Mr. Ciminelli will submit to the United States Attorney's Office. (Signed by Judge Valerie E. Caproni on 3/7/2025) (See ORDER set forth) (Forwarded to Finance Unit via email on 3/7/2025) (ap)
3/7/2025 ORDER TO RETURN CRIMINAL FINE, SPECIAL ASSESSMENT, AND AND FORFEITURE as to Steven Aiello. IT IS HEREBY ORDERED THAT: 1. The Consent Preliminary Order of Forfeiture/Money Judgment (Dkt. 981) is vacated. 2. The Clerk of Court is directed to retur n $500,300 to Mr. Aiello, representing the sum he paid to the Court in satisfaction of his fine and special assessment, by Electronic Funds Transfer using the banking information on the Form AO 213P Mr. Aiello will provide to the Finance/Cas hier Department. 3. The Government is directed to return the $898,954.20 forfeiture amount to Mr. Aiello in accordance with the ACH form Mr. Aiello will submit to the United States Attorney's Office. (Signed by Judge Valerie E. Caproni on 3/7/2025) (See ORDER set forth) (Forwarded to Finance Unit via email on 3/7/2025) (ap)
3/7/2025 MEMO ENDORSEMENT as to Louis Ciminelli (6) granting 1070 LETTER MOTION addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 03/06/2025 re: 34 Bond re: Modify conditions of release. ENDORSEMENT: Application GRANTED. Mr. Cimine lli's conditions of supervised release are modified to eliminate condition 7(d), (e), and (s). Mr. Ciminelli may obtain new travel documents (including a passport and/or enhanced driver license); however, any international travel must be authorized by Probation and consent of the U. S. Attorney's Office for the Southern District of New York. (Signed by Judge Valerie E. Caproni on 3/7/2025) (ap)
3/6/2025Letter Motion
3/6/2025Letter, Letter, Letter, Letter
2/14/2025Memo Endorsement, Order to Continue - Interest of Justice, 1 - Terminate Deadlines and Hearings, ~Util - Set/Reset Deadlines/Hearings, ~Util - Terminate Motions, ~Util - Terminate Motions, 1 - Terminate Deadlines and Hearings, ~Util - Set/Reset Deadlines/Hearings, Memo Endorsement, Order to Continue - Interest of Justice, ~Util - Set/Reset Deadlines/Hearings, ~Util - Terminate Motions, 1 - Terminate Deadlines and Hearings, Order to Continue - Interest of Justice, Memo Endorsement, 1 - Terminate Deadlines and Hearings, ~Util - Set/Reset Deadlines/Hearings, Memo Endorsement, ~Util - Terminate Motions, Order to Continue - Interest of Justice
2/14/2025Letter Motion, Letter Motion, Letter Motion, Letter Motion
2/13/2025Letter Motion, Letter Motion, Letter Motion, Letter Motion
2/5/2025Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA
2/4/2025 ORDER as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. IT IS HEREBY ORDERED THAT the parties are required to meet and confer and propose next steps in a letter filed by no later than February 14, 2025. IT IS FURTHER ORDERED th at the parties appear for a status conference on February 21, 2025 at 10:30 A.M. in Courtroom 20C1 of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York, 10007 (Status Conference set for 2/21/2025 at 10:30 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 2/4/25)(jw)
2/3/2025Transmission of USCA Mandate/Order to District Judge, Transmission of USCA Mandate/Order to District Judge, Transmission of USCA Mandate/Order to District Judge, Transmission of USCA Mandate/Order to District Judge, Transmission of USCA Mandate/Order to District Judge
2/3/2025USCA Mandate - Final Judgment Appeal, USCA Mandate - Final Judgment Appeal, USCA Mandate - Final Judgment Appeal, USCA Mandate - Final Judgment Appeal, USCA Mandate - Final Judgment Appeal
6/20/2024MEMO ENDORSEMENT 1060 Motion to Modify Conditions of Release as to Steven Aiello...ENDORSEMENT...Application GRANTED. All other conditions of bail remain in place. SO ORDERED (Signed by Judge Valerie E. Caproni on 6/20/2024) (jw) (Entered: 06/20/2024)
6/17/2024 MOTION to Modify Conditions of Release . Document filed by Steven Aiello, Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Shapiro, Alexandra) (Entered: 06/17/2024)
10/17/2023AMENDED JUDGMENT IN A CRIMINAL CASE as to Joseph Percoco (1). Date of Original Judgment: 4/15/2019. THE DEFENDANT: was found guilty on counts 9,11 (*Count 10 conviction vacated) after a plea of not guilty. (Signed by Judge Valerie E. Caproni on 10/17/2023)(ap) (Entered: 10/17/2023)
9/26/2023Transmission of USCA Mandate/Order to the District Judge re: 1058 USCA Mandate - Final Judgment Appeal. (tp) (Entered: 09/26/2023)
9/26/2023MANDATE of USCA (Certified Copy) as to Joseph Percoco re: 1001 Notice of Appeal - Final Judgment, 879 Notice of Appeal - Final Judgment, USCA Case Number 18-2990(L); 19-1272(CON). IT IS HEREBY ORDERED, ADJUDGED and DECREED that Percoco's convictions and sentences on Counts Nine and Eleven are AFFIRMED, Percoco's conviction and sentence on Count Ten is VACATED, and the cause is REMANDED to the district court for further proceedings consistent with this Court's opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 9/26/2023. (Attachments: # 1 USCA OPINION) (tp) (Entered: 09/26/2023)
9/5/2023OPINION of USCA (Certified Copy) as to Joseph Percoco re: 1001 Notice of Appeal - Final Judgment, 879 Notice of Appeal - Final Judgment. USCA Case Number 18-2990(L); 19-1272(Con). Accordingly, we AFFIRM Percoco's convictions and sentences on Counts Nine and Eleven, VACATE Percoco's conviction and sentence on Count Ten, and REMAND to the district court for further proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 9/5/2023. (tp) (Entered: 09/05/2023)
8/14/2023Attorney update in case as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (AUSA) Attorney Janis AUSA_Echenberg terminated. (bw) (Entered: 08/14/2023)
8/14/2023MEMO ENDORSEMENT granting 1055 LETTER MOTION filed by USA as to Joseph Percoco (1), Alain Kaloyeros (2), Peter Galbraith Kelly, Jr. (3), Steven Aiello (4), Joseph Gerardi (5), Louis Ciminelli (6), Michael Laipple (7), Kevin Schuler (8), addressed to Judge Valerie E. Caproni from AUSA Janis M. Echenberg dated August 11, 2023 re: Removal as counsel of record.... Please be advised that I am leaving the United States Attorney's Office. Accordingly, please remove me as counsel of record in this case. Thank you very much for the Court's consideration. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Janis M. Echenberg as counsel in this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/14/2023) (bw) (Entered: 08/14/2023)
8/11/2023 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis M. Echenberg dated August 11, 2023 re: Removal as counsel of record . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Echenberg, Janis) (Entered: 08/11/2023)
7/10/2023ORDER of USCA (Certified Copy) as to Joseph Percoco, Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: 1001 Notice of Appeal, 954 Notice of Appeal, 952 Notice of Appeal t, 879 Notice of Appeal, 967 Notice of Appeal, 951 Notice of Appeal. USCA Case Number 18-2990(L), 18-3710(Con), 18-3712(Con), 18-3715(Con), 18-3850(Con), 19-1272(Con). IT IS HEREBY ORDERED that the mandate is recalled, and the above-captioned appeals are reinstated. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 7/10/2023. (nd) (Entered: 07/10/2023)
5/25/2023Return of Sealed Documents 111, 112, 125, 136, 158, 274 & 405 from the Supreme Court of the United States as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. Records returned by Laurie Gray on 05/18/2023. SCUS Case Number 21-1158, 21-1170. (nmo) (Entered: 05/25/2023)
1/20/2023Received acknowledgement of receipt of sealed documents 111, 112, 125, 136, 158, 274 & 405 from the Supreme Court of the United States as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. Records received on 11/7/2022 by Kevin Brown. SCUS Case Number 21-1158, 21-1170. (dn) (Entered: 01/20/2023)
11/1/2022Mailing of sealed documents #111, 112, 125, 136, 158, 274, 405 to the Supreme Court of the United States as per letter request dated October 28, 2022 as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. FedEx #770366437360. (nmo) (Entered: 11/01/2022)
11/1/2022Appeal Record Sent to SCUS (Electronic File). Certified Indexed record on Appeal Electronic Files as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: 1053 Appeal Remark, USCA Case Number 18-3710, 18-3712, 18-3715, 18-3850; SCUS Case Number 21-1170, were transmitted to the Supreme Court of the United States. (tp) (Entered: 11/01/2022)
11/1/2022Appeal Record Sent to SCUS (Electronic File). Certified Indexed record on Appeal Electronic Files as to Joseph Percoco, Steven Aiello re: 1052 Appeal Remark, USCA Case Number 18-2990, 18-3710, 19-1272; SCUS Case Number 21-1158, were transmitted to the Supreme Court of the United States. (tp) Modified on 11/1/2022 (tp). (Entered: 11/01/2022)
10/31/2022Supreme Court of the United States Record Request as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: 954 Notice of Appeal - Final Judgment, 952 Notice of Appeal - Final Judgment, 967 Notice of Appeal - Final Judgment, 951 Notice of Appeal - Final Judgment USCA Case Number 18-3710, 18-3712, 18-3715, 18-3850; SCUS Case Number 21-1170. (tp) (Entered: 11/01/2022)
10/31/2022Supreme Court of the United States Record Request as to Joseph Percoco, Steven Aiello re: 1001 Notice of Appeal - Final Judgment, 879 Notice of Appeal - Final Judgment, 951 Notice of Appeal - Final Judgment. USCA Case Number 18-2990, 18-3710, 19-1272; SCUS Case Number 21-1158. (tp) (tp). (Entered: 11/01/2022)
9/2/2022TRANSFER OUT SUPERVISED RELEASE DOCUMENTS SENT as to Peter Galbraith Kelly, Jr. to the U.S.D.C. District of Connecticut. The following documents were emailed: Transfer of Jurisdiction Form, Indictment, S1 & S2 Indictment and S3 Information, Judgment and Docket Sheet on 9/2/2022. (jw) (Entered: 09/02/2022)
9/2/2022Supervised Release Jurisdiction Transferred Out to the U.S.D.C. District of Connecticut as to Peter Galbraith Kelly, Jr (jw) (Entered: 09/02/2022)
7/8/2022Appearance Bond Entered as to Alain Kaloyeros: $300,000 PRB; To be cosigned by 1 FRP; Additional conditions..... **Bond modified on 7/7/22 by Judge Valerie Caproni granting defendant's requests that the deadline to re-execute his appearance bond be extended to the business day following the Court's ruling on the motion. (jbo) (Entered: 07/13/2022)
7/7/2022Appearance Bond Entered as to Steven Aiello: $100,000 PRB; To be cosigned by 2 FRP; Additional conditions..... **Bond modified on 7/1/22 by Judge Caproni granting to Re-Execute bond. (jbo) (Entered: 07/13/2022)
7/7/2022Appearance Bond Entered as to Joseph Gerardi: $100,000 PRB; To be cosigned by 2 FRP; Additional conditions..... **Bond modified on 7/1/22 by Judge Caproni granting to Re-Execute bond. (jbo) (Entered: 07/13/2022)
7/7/2022MEMO ENDORSEMENT as to Alain Kaloyeros (2) granting 1046 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated 7/7/2022 re: Request to Modify Bond Conditions. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/7/2022) (lnl) (Entered: 07/08/2022)
7/7/2022 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated 7/7/2022 re: Request to Modify Bond Conditions . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 07/07/2022)
7/1/2022ORDER as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli: IT IS, on this 1st day of July 2022: 1. ORDERED that Moving Defendants' Motion for Bail is GRANTED pending disposition of Ciminelli v. United States (No. 21-1170) and Percoco v. United States (No. 21-1158) in the United States Supreme Court and, in the event Moving Defendants' conviction is not affirmed, for such additional time as the case remains on appeal; and it is further 2. ORDERED that, in accordance with the above, the Bureau of Prisons shall release Moving Defendants FORTHWITH; and it is further 3. ORDERED that the conditions of bail in place immediately prior to Moving Defendants' surrender to serve their sentence are reimposed, with Moving Defendants to re-execute their previously entered personal recognizance bonds within seven days of their release, EXCEPT THAT no posting of cash bail shall be required. (Signed by Judge Valerie E. Caproni on 7/1/2022) (See ORDER set forth) (ap) (Entered: 07/05/2022)
7/1/2022ORDER Granting 1043 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated July 1, 2022 re: Request for Forthwith Release on Bail Granted as to Alain Kaloyeros (2), Steven Aiello (4), Joseph Gerardi (5), Louis Ciminelli (6). ORDERED that Moving Defendants Motion for Bail is GRANTED pending disposition of Ciminelli v. United States (No. 21-1170) and Percoco v. United States (No. 21-1158) in the United States Supreme Court and, in the event Moving Defendants conviction is not affirmed, for such additional time as the case remains on appeal; It is further ORDERED that, in accordance with the above, the Bureau of Prisons shall release Moving Defendants FORTHWITH; and The conditions of bail in place immediately prior to Moving Defendants surrender to serve their sentence are reimposed, with Moving Defendants to re-execute their previously entered personal recognizance bonds within seven days of their release, EXCEPT THAT no posting of cash bail shall be required. (Signed by Judge Valerie E. Caproni on 7/1/22) (vb) (Entered: 07/02/2022)
7/1/2022 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated July 1, 2022 re: Request for Forthwith Release on Bail . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 07/01/2022)
6/9/2022CASH BAIL RETURNED as to Alain Kaloyeros dated 05/09/2022, from Judge Loretta A. Preska, in the amount of $50,000.00, Check No. 36432493, Check Dated 05/25/2022, payable to STEPTOE & JOHNSON LLP. (bwi) (Entered: 06/09/2022)
2/9/2022MEMO ENDORSEMENT as to Alain Kaloyeros (2) granting 1040 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated February 8, 2022 re: Request to Stay Self-Surrender Date. ENDORSEMENT: Application GRANTED. Mr. Kaloyeros's surrender date is adjourned to March 14, 2022. (Signed by Judge Valerie E. Caproni on 2/9/2022) (ap) (Entered: 02/09/2022)
2/8/2022MEMO ENDORSEMENT as to Alain Kaloyeros (2) granting 1039 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated February 8, 2022 re: Request for Leave to File Letter Motion to Stay Self-Surrender Date With Redactions. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 2/8/2022) (ap) (Entered: 02/08/2022)
2/8/2022 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated February 8, 2022 re: Request to Stay Self-Surrender Date . Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 02/08/2022)
2/8/2022 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated February 8, 2022 re: Request for Leave to File Letter Motion to Stay Self-Surrender Date With Redactions . Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 02/08/2022)
2/3/2022STIPULATION AND ORDER OF SETTLEMENT AS TO SUBSTITUTE ASSETS as to (S2 16-Cr-776) Joseph Gerardi. (Signed by Judge Valerie E. Caproni on 2/3/2022) [*** See this Stipulation And Order for complete details. ***] (bw) (Entered: 02/03/2022)
2/3/2022STIPULATION AND ORDER OF SETTLEMENT AS TO SUBSTITUTE ASSETS as to (S2 16-Cr-776) Steven Aiello. (Signed by Judge Valerie E. Caproni on 2/3/2022) [*** See this Stipulation and Order for complete details. ***] (bw) (Entered: 02/03/2022)
2/3/2022 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis M. Echenberg dated 2/3/22 re: 1035 Order on Letter Motion, re: Proposed Stipulation and Order of Settlement as to Substitute Assets . Document filed by USA as to Steven Aiello, Joseph Gerardi. (Attachments: # 1 Exhibit Proposed Order re Aiello, # 2 Exhibit Proposed Order re Gerardi)(Echenberg, Janis) (Entered: 02/03/2022)
1/12/2022MEMO ENDORSED granting 1034 LETTER MOTION Adjournment of Forfeiture Deadline as to Steven Aiello (4), Joseph Gerardi (5)... ENDORSEMENT: Application GRANTED. The deadline for payment of forfeiture by Messrs. Aiello and Gerardi is extended to February 14, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/12/22) (jbo) (Entered: 01/12/2022)
1/11/2022 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated January 11, 2022 re: Adjournment of Forfeiture Deadline . Document filed by USA as to Steven Aiello, Joseph Gerardi. (Podolsky, Matthew) (Entered: 01/11/2022)
1/3/2022MEMO ENDORSEMENT as to Alain Kaloyeros on re: 1032 NOTICE of Withdrawal of Appearance of David B. Hirsch as counsel as to Alain Kaloyeros. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate David Hirsch as counsel for Alain Kaloyeros. SO ORDERED. (Attorney David B. Hirsch terminated in case as to Alain Kaloyeros) (Signed by Judge Valerie E. Caproni on 1/3/2022) (lnl) (Entered: 01/03/2022)
12/30/2021NOTICE of Withdrawal of Appearance of David B. Hirsch as counsel as to Alain Kaloyeros (Hirsch, David) (Entered: 12/30/2021)
12/14/2021Transmission of USCA Mandate/Order to the District Judge re: 1031 USCA Mandate - Final Judgment Appeal. (tp) (Entered: 12/14/2021)
12/14/2021MANDATE of USCA (Certified Copy) as to Steven Aiello re: 951 Notice of Appeal - Final Judgment, USCA Case Number 18-3710(CON), 18-3712(CON), 18-3715(CON), 18-3850(CON). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgments of the district court are AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/14/2021. (Attachments: # 1 Supporting Document) (tp) (Entered: 12/14/2021)
12/14/2021Transmission of USCA Mandate/Order to the District Judge re: 1030 USCA Mandate - Final Judgment Appeal. (tp) (Entered: 12/14/2021)
12/14/2021MANDATE of USCA (Certified Copy) as to Joseph Percoco re: 1001 Notice of Appeal - Final Judgment, 879 Notice of Appeal - Final Judgment, USCA Case Number 18-2990(L), 18-3710(CON), 19-1272(CON). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgments of the district court are AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/14/2021. (Attachments: # 1 Supporting Document) (tp) (Entered: 12/14/2021)
10/21/2021MEMO ENDORSEMENT as to Louis Ciminelli (6) granting 1028 LETTER MOTION addressed to Judge Valerie E. Caproni from Paul Shechtman dated October 21, 2021 re: Request for Bureau of Prisons Recommendation. ENDORSEMENT: Application GRANTED. The Court will request that Mr. Ciminelli be designated to USP Tucson's Satellite Camp. Further requests for a change in the Court's recommendation will be not be entertained. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/21/2021) (lnl) (Entered: 10/21/2021)
10/21/2021 LETTER MOTION addressed to Judge Valerie E. Caproni from Paul Shechtman dated October 21, 2021 re: Request for Bureau of Prisons Recommendation . Document filed by Louis Ciminelli. (Shechtman, Paul) (Entered: 10/21/2021)
9/22/2021MEMO ENDORSEMENT as to Alain Kaloyeros (2) granting 1026 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated September 21, 2021 re: request for BOP designation recommendation. ENDORSEMENT: Application GRANTED. The Court will request that Dr. Kaloyeros be designated to FCI Otisville. (Signed by Judge Valerie E. Caproni on 9/22/2021) (ap) (Entered: 09/22/2021)
9/21/2021 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated September 21, 2021 re: request for BOP designation recommendation . Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 09/21/2021)
9/16/2021MEMO ENDORSEMENT as to Joseph Gerardi on re: 1024 LETTER by Joseph Gerardi addressed to Judge Valerie E. Caproni from Milton L. Williams dated September 16, 2021 re: Request for Bureau of Prisons Recommendation. ENDORSEMENT: Application GRANTED. The Court will request that Mr. Gerardi be designated to FCI Otisville. (Signed by Judge Valerie E. Caproni on 9/16/2021) (ap) (Entered: 09/16/2021)
9/16/2021 LETTER by Joseph Gerardi addressed to Judge Valerie E. Caproni from Milton L. Williams dated September 16, 2021 re: Request for Bureau of Prisons Recommendation (Williams, Milton) (Entered: 09/16/2021)
9/10/2021NOTICE of Withdrawal of Appearance as to Joseph Percoco re: 142 Notice of Attorney Appearance - Defendant. (Coster, Abigail) (Entered: 09/10/2021)
9/9/2021MEMO ENDORSEMENT granting 1021 LETTER MOTION filed by Steven Aiello (4), addressed to Judge Valerie E. Caproni from Attorney Alexandra A.E. Shapiro dated Sept. 9, 2021 re: surrender date and prison facility recommendation. ENDORSEMENT: Application GRANTED. Mr. Aiello must surrender 60 days after the Court of Appeals' mandate. The Court will request that Mr. Aiello be designated to FCI Otisville. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/9/2021) (bw) (Entered: 09/10/2021)
9/9/2021 LETTER MOTION addressed to Judge Valerie E. Caproni from Alexandra A.E. Shapiro dated Sept. 9, 2021 re: surrender date and prison facility recommendation . Document filed by Steven Aiello. (Shapiro, Alexandra) (Entered: 09/09/2021)
6/8/2020ORDER of USCA (Certified Copy) as to Joseph Percoco re: 1001 Notice of Appeal - Final Judgment, 879 Notice of Appeal - Final Judgment USCA Case Number 18-2990(L), 18-3710(Con), 18-3712(Con), 18-3715(Con), 18-3850(Con), 19-1272(Con). Appellant Joseph Percoco moves the Court for an order directing the Bureau of Prisons to release him to home confinement. The Government opposes the motion. IT IS HEREBY ORDERED that Appellant's motion is DENIED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 6/8/2020. (tp) (Entered: 06/09/2020)
5/19/2020ORDER as to Joseph Percoco: IT IS HEREBY ORDERED THAT: 1. Mr. Percoco's furlough request is DENIED without prejudice to make the request to the Bureau of Prisons. The Bureau of Prisons has sole authority to release a prisoner under the furlough statute. United States of America v. Roberts, No. 18-CR-528, 2020 WL 1700032, at *3 (S.D.N.Y. Apr. 8, 2020) (collecting cases); 2. Mr. Percoco's now-disclaimed motion for compassionate release is DENIED for lack of jurisdiction. Because the filing of a notice of appeal "confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal," Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982), this Court lacks jurisdiction to modify Percoco's sentence. See United States v. Martin, No. 18-CR-834, 2020 WL 1819961, at *2 (S.D.N.Y. Apr. 10, 2020) ("Once [defendant] filed his notice of appeal challenging the Court's sentence, jurisdiction over the question raised in his § 3582(c) motion transferred to the Second Circuit."). SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/18/2020) (lnl) (Entered: 05/19/2020)
5/18/2020 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated May 18, 2020 re: reply to the Governments opposition to motion for compassionate release to supervised home confinement (Attachments: # 1 Furlough Application, # 2 BOP Memorandum, # 3 Landman Letter)(Loughlin, Walter) (Entered: 05/18/2020)
5/13/2020LETTER RESPONSE in Opposition by USA as to Joseph Percoco addressed to Judge Valerie E. Caproni dated May 13, 2020 re: 1008 MOTION for Reconsideration re 1006 LETTER MOTION addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated May 4, 2020 re: supervised home confinement pursuant to the compassionate release statute . filed by Joseph Perco, 1006 LETTER MOTION addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated May 4, 2020 re: supervised home confinement pursuant to the compassionate release statute .. (Attachments: # 1 Exhibit A, # 2 Exhibit C)(Podolsky, Matthew) (Entered: 05/13/2020)
5/13/2020Set/Reset Deadlines as to Joseph Percoco: Replies due by 5/18/2020. (jbo) (Entered: 05/13/2020)
5/13/2020MEMO ENDORSED as to Joseph Percoco re: 1015 Letter motion for compassionate release to supervised home confinement...ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/13/2020)(jbo) (Entered: 05/13/2020)
5/13/2020 LETTER by Joseph Percoco as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated May 13, 2020 re: motion for compassionate release to supervised home confinement Document filed by Joseph Percoco. (Loughlin, Walter) (Entered: 05/13/2020)
5/11/2020MEMO ENDORSEMENT as to Joseph Percoco on re: 1013 LETTER by Joseph Percoco as to Joseph Percoco addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated May 11, 2020 re: application for home confinement. ENDORSEMENT: Application DENIED without prejudice. Defendant must explain why any of these facts is relevant to the criteria for compassionate release. (Signed by Judge Valerie E. Caproni on 5/11/2020) (ap) (Entered: 05/11/2020)
5/11/2020 LETTER by Joseph Percoco as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated May 11, 2020 re: application for home confinement Document filed by Joseph Percoco. (Loughlin, Walter) (Entered: 05/11/2020)
5/7/2020 LETTER by Joseph Percoco as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated May 7, 2020 re: motion for compassionate release Document filed by Joseph Percoco. (Loughlin, Walter) (Entered: 05/07/2020)
5/6/2020Set/Reset Deadlines/Hearings as to Joseph Percoco:Government Responses due by 5/13/2020. (jw) (Entered: 05/06/2020)
5/6/2020MEMO ENDORSEMENT 1008 Motion for Reconsideration for compassionate release as to Joseph Percoco....ENDORSEMENT...Application GRANTED. The Government is directed to respond to Defendant's motion by May 13, 2020. In its response, the Government must provide (i) Mr. Percoco's medical and disciplinary records from Otisville, (ii) current data on how many COVID cases Otisville has had (both inmates and staff), and (iii) how many inmates at Otisville have been tested for COVID. (Signed by Judge Valerie E. Caproni on 5/6/2020) (jw) (Entered: 05/06/2020)
5/6/2020 LETTER by Joseph Percoco as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated May 5, 2020 re: reconsideration supervised home confinement pursuant to the compassionate release statute Document filed by Joseph Percoco. (Attachments: # 1 Supporting Letters)(Loughlin, Walter) (Entered: 05/06/2020)
5/6/2020LETTER RESPONSE in Support of Motion by Joseph Percoco as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated May 6, 2020 re: 1008 MOTION for Reconsideration re 1006 LETTER MOTION addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated May 4, 2020 re: supervised home confinement pursuant to the compassionate release statute . filed by Joseph Perco. (Loughlin, Walter) (Entered: 05/06/2020)
5/5/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: Notice to Attorney Loughlin, Walter to RE-FILE Document 1008 MOTION for Reconsideration re 1006 LETTER MOTION addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated May 4, 2020 re: supervised home confinement pursuant to the compassionate release statute . filed by Joseph Perco. Use the event type Letter found under the event list Other documents. (ka) (Entered: 05/05/2020)
5/5/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Reconsideration re 1006 LETTER MOTION addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated May 4, 2020 re: supervised home confinement pursuant to the compassionate release statute . filed by Joseph Percoco . Document filed by Joseph Percoco as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Letters)(Loughlin, Walter) Modified on 5/5/2020 (ka). (Entered: 05/05/2020)
5/5/2020MEMO ENDORSEMENT 1006 LETTER MOTION To request that his sentence be modified to supervised home confinement as to Joseph Percoco....ENDORSEMENT...Application DENIED. The confusion at Otisville does not excuse Defendant's failure to file a motion for compassionate release with the BOP. The Court also notes that although Defendant's letter motion references "annexed letters," no attachments were filed. (Signed by Judge Valerie E. Caproni on 5/5/20) (jw) (Entered: 05/05/2020)
5/4/2020 LETTER MOTION addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated May 4, 2020 re: supervised home confinement pursuant to the compassionate release statute . Document filed by Joseph Percoco as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Loughlin, Walter) (Entered: 05/04/2020)
3/13/2020ORDER of USCA (Certified Copy) as to Steven Aiello re: 951 Notice of Appeal. USCA Case Number 18-3710-cr. On March 7, 2019, a motions panel stayed Defendant-Appellant Steven Aiello.s surrender date and granted his request for release pending appeal. The order provided that the stay was to expire seven days after the merits panel advised counsel that the matter had been submitted for decision. The matter having been argued yesterday, it is hereby ORDERED that the stay is continued pending a decision by the panel on the merits. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Issued As Order: 03/13/2020. (nd) (Entered: 03/13/2020)
12/18/2019SATISFACTION OF JUDGMENT as to (16-Cr-776-06) Louis Ciminelli re 939 Judgment. Satisfaction is acknowledged between United States of America, plaintiff, and Louis Ciminelli, defendant, for the fine in the amount of $500,000.00 and the special assessment in the amount of $200.00, amounting in all to the sum of $500,200.00. Judgment entered in the Judgment Book of the United States District Court for the Southern District of New York on the 3rd day of December 2018.(bw) (Entered: 12/19/2019)
4/29/2019SATISFACTION OF JUDGMENT as to (16-Cr-776-08) Kevin Schuler re 992 Judgment. Satisfaction is acknowledged between United States of America, plaintiff, and Kevin Schuler, defendant, for the fine in the amount of $5,000.00 and the special assessment in the amount of $200.00, amounting in all to the sum of $5,200.00. Judgment entered in the Judgment Book of the United States District Court for the Southern District of New York on the 15th day of March, 2019. (bw) (Entered: 05/07/2019)
4/29/2019Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Joseph Percoco re: 1001 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 04/29/2019)
4/29/2019Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Joseph Percoco to US Court of Appeals re: 1001 Notice of Appeal. (nd) (Entered: 04/29/2019)
4/29/2019NOTICE OF APPEAL by Joseph Percoco from 999 PRELIMINARY ORDER OF FORFEITURE / MONEY JUDGMENT. Filing fee $ 505.00, receipt number 465401234382. (nd) (Entered: 04/29/2019)
4/29/2019First Supplemental ROA Sent to USCA (Electronic File). USCA Case Number 18-2990. Certified Supplemental Indexed record on Appeal Electronic Files as to Joseph Percoco re: 880 Revised Final Presentence Investigation Report,, 978 Memorandum & Opinion, Set Deadlines/Hearings,,,,,, 908 Sentencing Submission, 895 Letter, 964 LETTER MOTION addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated December 18, 2018 re: request for an adjournment of the surrender date ., 883 MOTION to Continue Bail Pending Appeal., 997 Memorandum & Opinion,,,,, 924 Memo Endorsement,,, 974 Order, 884 Memorandum in Support of Motion, 943 Letter, 898 Reply Memorandum of Law in Support of Motion, 998 Amended Judgment,,,,,, 914 Sentencing Submission, 897 Memorandum in Opposition to Motion, 889 Order on Letter Motion,, 1000 Amended Notice of Appeal - Final Judgment, 887 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated October 16, 2018 re: 867 Judgment,,,,, re: Requesting that the Court correct the Judgment ., 947 Letter, 891 Letter, 921 Letter - Sentencing, 925 Letter, 936 Letter, 901 Sentencing Submission, 935 Letter, 968 Letter, 929 Memo Endorsement,,, 907 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated November 19, 2018 re: Requesting Permission to File Sentencing Submission with Redactions ., 986 USCA Order - Other, 938 Letter, 909 Sentencing Submission, 991 USCA Order - Other,,, 941 Letter, 999 Order,,,,,,,,,, 975 LETTER MOTION addressed to Judge Valerie E. Caproni from Milton Williams dated January 9, 2019 re: Fine Extension ., 965 Memo Endorsement,, were transmitted to the U.S. Court of Appeals. (nd) (Entered: 04/29/2019)
4/29/2019Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet as to Joseph Percoco to US Court of Appeals re: 1000 Amended Notice of Appeal. (nd) (Entered: 04/29/2019)
4/29/2019AMENDED NOTICE OF APPEAL by Joseph Percoco re 998 Amended Judgment. (nd) (Entered: 04/29/2019)
4/15/2019PRELIMINARY ORDER OF FORFEITURE / MONEY JUDGMENT: as to (S2-16-Cr-776-01) Joseph Percoco....[See this Preliminary Order of Forfeiture/Money Judgment]... WHEREAS, on or about September 20, 2018, the defendant was sentenced and the Court entered a general order of forfeiture; and WHEREAS on April 15, 2019, the Court ordered the defendant to forfeit to the Government a money judgment in the amount of $320,000 in United States currency representing property constituting, or derived from, proceeds traceable to the commission of the offenses alleged in Counts Nine, Ten and Eleven of the Indictment; NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. As a result of the offenses charged in Counts Nine, Ten and Eleven of the Indictment, for which the defendant was convicted following a jury trial, a money judgment in the amount of $320,000 in United States currency (the "Money Judgment") representing the amount of proceeds traceable to the offenses charged in Counts Nine, Ten and Eleven of the Indictment that the defendant personally obtained, shall be entered against the defendant. 2. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, upon entry of this Preliminary Order of Forfeiture/Money Judgment at sentencing, this Preliminary Order of Forfeiture /Money Judgment is final as to the defendant, JOSEPH PERCOCO and shall be deemed part of the sentence of the defendant, and shall be included in the judgment of conviction therewith....[See this Preliminary Order of Forfeiture/Money Judgment]... 7. The Court shall retain jurisdiction to enforce this Preliminary Order of Forfeiture/Money Judgment, and to amend it as necessary, pursuant to Rule 32.2(e) of the Federal Rules of Criminal Procedure. 8. The Clerk of the Court shall forward three certified copies of this Preliminary Order of Forfeiture as to Specific Property/Money Judgment to Assistant United States Attorney Alexander J. Wilson, Chief of the Money Laundering and Asset Forfeiture Unit, One Saint Andrew's Plaza, New York, New York, 10007. 9. The signature page of this Consent Preliminary Order of Forfeiture/Money Judgment may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. SO ORDERED: (Signed by Judge Valerie E. Caproni on 4/15/2019) [*** NOTE: The Clerk of the Court has forwarded three certified copies of this Preliminary Order of Forfeiture as to Specific Property/Money Judgment to AUSA Alexander J. Wilson, by interoffice mail on 4/15/2019. ***] (bw) (Entered: 04/15/2019)
4/15/2019AMENDED JUDGMENT In A Criminal Case (S2 16-Cr-776-1). Date of Imposition of Judgment: 4/15/2019. Date of Original Judgment: 9/25/2018. Reason for Amendment: Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36). Defendant Joseph Percoco (1) was found guilty on Count(s) 9ss, 10ss, 11ss, after a plea of not guilty. The defendant has been found not guilty on count(s) 6ss, 7ss, 12ss. Count(s) Open and Underlying are dismissed on the motion of the United States. IMPRISONMENT: Seventy-Two (72) Months on each count to run concurrently. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in the camp at FCI Otisville. -The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 12/28/2018. ***If the defendant has not been designated to a facility by 12/28/2018, he shall surrender to the US Marshal for this district. SUPERVISED RELEASE: Three (3) Years on each count to run concurrently. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). ASSESSMENT: $300.00, due immediately. Additional Terms For Criminal Monetary Penalties: Forfeiture traceable to the offense in the amount of $320,000.00 is Ordered. -Special instructions regarding the payment of criminal monetary penalties: Payment of forfeiture during supervised release will be in amounts not less than 15% of defendant's gross income from all sources. (Signed by Judge Valerie E. Caproni on 4/15/2019)(bw) (Entered: 04/15/2019)
4/15/2019OPINION AND ORDER as to Joseph Percoco. Defendant Joseph Percoco was convicted at trial of bribery and related corruption offenses. The Government seeks an order requiring Defendant to forfeit $320,000, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c). See Gov.'s First Ltr. (Sept. 14, 2018), Dkt. 851; Gov.'s Second Ltr. (Oct. 18, 2018), Dkt. 891. Defendant argues that he should be ordered to forfeit no more than $225,000. See Def.'s First Ltr. (Sept. 17, 2018), Dkt. 854; Def.'s Second Ltr. (Oct. 4, 2018), Dkt. 875; Def.'s Third Ltr. (Oct. 25, 2018), Dkt. 895. For the following reasons, the Government's motion for $320,000 in forfeiture is GRANTED....[See this Opinion And Order]... CONCLUSION: For all the foregoing reasons, the Government's application for an order requiring Defendant Joseph Percoco to forfeit $320,000 is GRANTED. In separate docket entries, the Court will sign the Government's proposed order of forfeiture, see Dkt. 851-1, and will enter an Amended Judgment.(See Footnote 14 on this Opinion And Order). Defendant is advised that he may need to file a new notice of appeal from the Amended Judgment if he wishes to appeal the Court's order of forfeiture. See Fed. R. Crim. P. 32.2(b)(4)(C). SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/15/2019)(bw) (Entered: 04/15/2019)
4/12/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kevin Schuler. Notice is hereby given that an official transcript of a Sentence proceeding held on 3/15/19 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: 04/12/2019)
4/12/2019TRANSCRIPT of Proceedings as to Kevin Schuler re: Sentence held on 3/15/19 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Andrew Walker, (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 5/3/2019. Redacted Transcript Deadline set for 5/13/2019. Release of Transcript Restriction set for 7/11/2019. (McGuirk, Kelly) (Entered: 04/12/2019)
3/27/2019MEMO ENDORSEMENT as to Kevin Schuler on 993 MOTION to Modify Conditions of Release Travel Request April 17-April 22. ENDORSEMENT: The application to travel is GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/27/2019) (lnl) (Entered: 03/28/2019)
3/27/2019NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Kevin Schuler: Notice to Attorney Connors, Terrence to RE-FILE Document 993 MOTION to Modify Conditions of Release Travel Request April 17-April 22. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 03/27/2019)
3/27/2019 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Modify Conditions of Release Travel Request April 17-April 22. Document filed by Kevin Schuler. (Connors, Terrence) Modified on 3/27/2019 (ka). (Entered: 03/27/2019)
3/15/2019JUDGMENT IN A CRIMINAL CASE as to Kevin Schuler (8), Count(s) 1, 1s, 4, 4s, 5, 5s, 5ss are dismissed on the motion of the US. Pleaded guilty to Count(s) 1ss, 4ss, Imprisonment for a total term of Time Served on both counts to counts to run concurrently. Supervised release for a term of Two Years on both counts to run concurrently. The Defendant must provide 200 hours of community service for every year of supervised release. At least 1/3 of that time should be spent talking to college students, law students, or business groups about business ethics and the risks of failing to adhere to principle of integrity and honesty in government. Special Assessment of $200 which is due immediately. Fine of $5,000. A fine in the amount of $5,000.00 on all counts to run concurrently is Ordered to be paid not later than thirty (30) days from the entry of this Judgment. (Signed by Judge Valerie E. Caproni on 3/15/19)(jw) (Entered: 03/15/2019)
3/15/2019DISMISSAL OF COUNTS on Government Motion as to Kevin Schuler (8) Count 1,1s,4,4s,5,5s. (jw) (Entered: 03/15/2019)
3/15/2019Minute Entry for proceedings held before Judge Valerie E. Caproni:Sentencing held on 3/15/2019 for Kevin Schuler (8) Count 1ss,4ss. (jp) (Entered: 03/15/2019)
3/7/2019ORDER of USCA (Certified Copy) as to Joseph Percoco re: 879 Notice of Appeal. USCA Case Number 18-2990-cr. Defendant-Appellant Joseph Percoco moves for a stay of his surrender date and bail pending appeal pursuant to Fed. R. App. P. 9(b). The Government opposes the motion. On February 22, 2019, the Court entered a temporary stay of surrender pending consideration of the motion by this panel. Upon due consideration, it is hereby ORDERED that the motion is DENIED. The temporary stay of surrender entered on February 22, 2019, is VACATED. Mr. Percoco is ordered to surrender to begin serving his term of imprisonment no later than March 14, 2019. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Issued As Order: 3/7/2019. Certified: 3/7/2019. (nd) (Entered: 03/07/2019)
3/7/2019ORDER of USCA (Certified Copy) as to Steven Aiello re: 951 Notice of Appeal. USCA Case Number 18-3710-cr. Defendant-Appellant Steven Aiello moves for a stay of his surrender date and bail pending appeal pursuant to Fed. R. App. P. 9(b). The Government opposes the motion. On February 22, 2019, the Court entered a temporary stay of surrender pending consideration of the motion by this panel. Upon due consideration, it is hereby ORDERED that the motion is GRANTED. Aiello's surrender date is stayed and his request for release pending appeal is GRANTED, under the conditions of release set by the District Court before conviction. This stay shall expire seven days after the merits panel advises counsel that the matter has been submitted for decision, without prejudice to any other action on the matter by the merits panel at that time. Action on this motion is not intended to, and does not, intimate any view concerning the merits of this appeal. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Issued As Order: 3/7/2019. Certified: 3/7/2019. (nd) (Entered: 03/07/2019)
3/1/2019SENTENCING SUBMISSION by Kevin Schuler. (Attachments: # 1 Exhibit Character Letters)(Connors, Terrence) (Entered: 03/01/2019)
3/1/2019Sentencing Letter by USA as to Kevin Schuler dated March 1, 2019. (Podolsky, Matthew) (Entered: 03/01/2019)
2/25/2019SATISFACTION OF JUDGMENT as to Joseph Gerardi re 945 Judgment in the amount of $500,300.00. Judgment satisfied on 2/25/19. (jw) (Entered: 02/28/2019)
2/22/2019ORDER of USCA (Certified Copy) as to Joseph Percoco, Steven Aiello re: 879 Notice of Appeal - Final Judgment, 951 Notice of Appeal - Final Judgment USCA Case Number 18-2990(L), 18-3710(Con), 18-3712(Con), 18-3715(Con), 18-3850(Con). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 2/22/2019. (tp) (Entered: 02/25/2019)
2/12/2019SATISFACTION OF JUDGMENT as to Alain Kaloyeros re 953 Judgment in the amount of $100,300.00. Judgment satisfied on 2/12/19. (jw) (Entered: 02/14/2019)
2/12/2019SATISFACTION OF JUDGMENT as to Steven Aiello re 946 Judgment in the amount of $500,300.00. Judgment satisfied on 2/12/19. (jw) (Entered: 02/14/2019)
2/11/2019CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Joseph Gerardi. (Signed by Judge Valerie E. Caproni on 2/11/2019) (See ORDER as set forth) (Three (3) certified copies of this ORDER have been forwarded to AUSA Alexander J. Wilson via interoffice mail) (ap) (Entered: 02/11/2019)
2/11/2019CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Steven Aiello. (Signed by Judge Valerie E. Caproni on 2/11/2019) (See ORDER as set forth) (Three (3) certified copies of this ORDER have been forwarded to AUSA Alexander J. Wilson via interoffice mail) (ap) (Entered: 02/11/2019)
2/11/2019CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Louis Ciminelli. (Signed by Judge Valerie E. Caproni on 2/11/2019) (See ORDER as set forth) (Three (3) certified copies of this ORDER have been forwarded to AUSA Alexander J. Wilson via interoffice mail) (ap) (Entered: 02/11/2019)
2/8/2019 LETTER by USA as to Steven Aiello, Joseph Gerardi, Louis Ciminelli addressed to Judge Valerie E. Caproni from the Government dated February 8, 2019 re: Consent Preliminary Orders of Forfeiture Document filed by USA. (Attachments: # 1 Text of Proposed Order Ciminelli Order, # 2 Text of Proposed Order Aiello Order, # 3 Text of Proposed Order Gerardi Order)(Zhou, David) (Entered: 02/08/2019)
2/8/2019OPINION AND ORDER: as to Joseph Percoco, Steven Aiello. Defendants Joseph Percoco and Steven Aiello were convicted at trial of bribery and related corruption offenses. They have moved for bail pending appeal, pursuant to 18 U.S.C. § 3143(b). For the following reasons, the motions are DENIED. Percoco and Aiello must surrender to begin serving their sentences of imprisonment no later than March 1, 2019 at 2:00 p.m. See Order (Jan. 7, 2019), Dkt. 974; Aiello Judgment (Dec. 11, 2018), Dkt. 946; Percoco Judgment (Sept. 25, 2018), Dkt. 867.... [See this Opinion And Order]... CONCLUSION: For all the foregoing reasons, Percoco's and Aiello's motions for bail pending appeal are DENIED. Percoco and Aiello must surrender to begin serving their sentences of imprisonment no later than March 1, 2019 at 2:00 p.m. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/8/2019)(bw) (Entered: 02/08/2019)
2/6/2019USCA Case Number 18-3715 from the U.S.C.A. - 2nd Circ. as to Joseph Gerardi, assigned to 954 Notice of Appeal - Final Judgment filed by Joseph Gerardi. (nd) (Entered: 02/06/2019)
2/6/2019USCA Case Number 18-3710 from the U.S.C.A. - 2nd Circ. as to Steven Aiello, assigned to 951 Notice of Appeal - Final Judgment filed by Steven Aiello. (nd) (Entered: 02/06/2019)
2/6/2019USCA Case Number 18-3850 from the U.S.C.A. - 2nd Circ. as to Alain Kaloyeros, assigned to 967 Notice of Appeal filed by Alain Kaloyeros. (nd) (Entered: 02/06/2019)
2/6/2019USCA Case Number 18-3712 from the Ciminelli as to Louis Ciminelli, assigned to 952 Notice of Appeal filed by Louis Ciminelli. (nd) (Entered: 02/06/2019)
1/9/2019MEMO ENDORSED granting 975 LETTER MOTION requesting extension as to Joseph Gerardi (5)...ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Richard M. Berman on 1/9/19) (jbo) (Entered: 01/09/2019)
1/9/2019 LETTER MOTION addressed to Judge Valerie E. Caproni from Milton Williams dated January 9, 2019 re: Fine Extension . Document filed by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Williams, Milton) (Entered: 01/09/2019)
1/7/2019ORDER as to Joseph Percoco. WHEREAS Defendants Joseph Percoco and Steven Aiello have moved for bail pending appeal; and WHEREAS Mr. Percoco's deadline to surrender for service of his sentence is January 31, 2019, and Mr. Aiello's deadline to surrender is March 1, 2019 (see Dkts. 946, 965); IT IS HEREBY ORDERED THAT Mr. Percoco's deadline to self-surrender is ADJOURNED to March 1, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/7/2019)(bw) (Entered: 01/07/2019)
1/4/2019ORDER as to Joseph Gerardi: Mr. Gerardis motion for bail pending appeal is GRANTED. If Mr. Gerardi's and his co-Defendants' convictions for wire fraud and conspiracy to commit wire fraud were to be reversed, there is a substantial question whether his conviction for false statements would require a new trial, due to the risk of prejudicial spillover from the fraud counts. Accordingly, bail pending appeal is appropriate. The Court does not, however, find that any of the other arguments that Mr. Gerardi made in support of his motion would have warranted bail pending appeal. If any of Mr. Gerardi's convictions are affirmed on appeal, Mr. Gerardi must surrender to his designated facility within 60 days of the issuance of the appellate mandate. If no facility has been designated by that time, Mr. Gerardi must surrender to the U.S. Marshal for the Southern District of New York. See Judgment, Dkt. 945; Gerardi Sentencing Tr. (Dec. 6, 2018), Dkt. 956, at 33. (Signed by Judge Valerie E. Caproni on 1/4/2019) (lnl) (Entered: 01/07/2019)
12/28/2018Set/Reset Deadlines as to Steven Aiello, Joseph Gerardi, Louis Ciminelli: Motions due by 2/8/2019. Responses due by 2/22/2019. Replies due by 3/1/2019. (ap) (Entered: 12/28/2018)
12/28/2018MEMO ENDORSEMENT as to Steven Aiello (4), Joseph Gerardi (5), Louis Ciminelli (6) granting 970 LETTER MOTION addressed to Judge Valerie E. Caproni dated December 21, 2018 re: Forfeiture Briefing Deadlines. ENDORSEMENT: This application is GRANTED. The Court adopts the briefing schedule proposed by the parties. Further extensions of this schedule are not likely to be granted. (Signed by Judge Valerie E. Caproni on 12/28/2018) (ap) (Entered: 12/28/2018)
12/28/2018Set/Reset Hearings as to Kevin Schuler: Sentencing set for 3/15/2019 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (ap) (Entered: 12/28/2018)
12/28/2018MEMO ENDORSEMENT as to Kevin Schuler (8) on 969 LETTER MOTION addressed to Judge Valerie E. Caproni dated December 21, 2018 re: 955 Order, Set Deadlines/Hearings re: Sentencing Schedule. ENDORSEMENT: Sentencing for Mr. Schuler will be held on March 15, 2019 at 2:00 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse. The parties' objections to Mr. Schuler's PSR must be submitted to the Probation Office no later than January 28, 2019. The final PSR must be disclosed to the Court no later than February 18, 2019. The parties' sentencing submissions must be filed no later than March 1, 2019. (Signed by Judge Valerie E. Caproni on 12/28/2018) (ap) (Entered: 12/28/2018)
12/21/2018 LETTER MOTION addressed to Judge Valerie E. Caproni dated December 21, 2018 re: Forfeiture Briefing Deadlines . Document filed by USA as to Steven Aiello, Joseph Gerardi, Louis Ciminelli. (Podolsky, Matthew) (Entered: 12/21/2018)
12/21/2018 LETTER MOTION addressed to Judge Valerie E. Caproni dated December 21, 2018 re: 955 Order, Set Deadlines/Hearings,,,,,, re: Sentencing Schedule . Document filed by USA as to Kevin Schuler. (Podolsky, Matthew) (Entered: 12/21/2018)
12/21/2018 LETTER by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Milton Williams dated December 21, 2018 re: Reply Regarding Bail Pending Appeal Document filed by Joseph Gerardi. (Williams, Milton) (Entered: 12/21/2018)
12/21/2018Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Alain Kaloyeros re: 967 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 12/21/2018)
12/21/2018Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Alain Kaloyeros to US Court of Appeals re: 967 Notice of Appeal - Final Judgment. (tp) (Entered: 12/21/2018)
12/21/2018NOTICE OF APPEAL by Alain Kaloyeros from 953 Judgment. Filing fee $ 505.00, receipt number 465401225289. (tp) (Entered: 12/21/2018)
12/20/2018 LETTER by Steven Aiello addressed to Judge Valerie E. Caproni from Alexandra A.E. Shapiro dated 12/20/2018 re: Reply to Government's 12/14/18 letter opposing bail pending appeal (Shapiro, Alexandra) (Entered: 12/20/2018)
12/19/2018MEMO ENDORSEMENT as to (16-Cr-776-01) Joseph Percoco on re: 964 LETTER MOTION filed by Joseph Percoco addressed to Judge Valerie E. Caproni from Attorney Walter P. Loughlin dated December 18, 2018 re: request for an adjournment of the surrender date. ENDORSEMENT: Mr. Percoco's December 28, 2018 deadline to surrender for service of his sentence of imprisonment is adjourned to January 31, 2019 at 2:00 p.m. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/19/2018)(bw) (Entered: 12/19/2018)
12/18/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated December 18, 2018 re: request for an adjournment of the surrender date . Document filed by Joseph Percoco. (Loughlin, Walter) (Entered: 12/18/2018)
12/18/2018***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Joseph Percoco: Notice to Attorney Loughlin, Walter to RE-FILE Document 963 LETTER MOTION addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated December 18, 2018 re: request for an adjournment of the surrender date. ERROR(S): Letter Date missing from document & docket entry. (ka) (Entered: 12/18/2018)
12/18/2018 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION addressed to Judge Valerie E. Caproni from Walter P. Loughlin dated December 18, 2018 re: request for an adjournment of the surrender date . Document filed by Joseph Percoco. (Loughlin, Walter) Modified on 12/18/2018 (ka). (Entered: 12/18/2018)
12/17/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros. Notice is hereby given that an official transcript of a Sentence proceeding held on 12/11/18 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: 12/17/2018)
12/17/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros re: Sentence held on 12/11/18 before Judge Valerie E. Caproni. 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 1/7/2019. Redacted Transcript Deadline set for 1/17/2019. Release of Transcript Restriction set for 3/18/2019. (McGuirk, Kelly) (Entered: 12/17/2018)
12/17/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Steven Aiello. Notice is hereby given that an official transcript of a Sentence proceeding held on 12/7/18 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: 12/17/2018)
12/17/2018TRANSCRIPT of Proceedings as to Steven Aiello re: Sentence held on 12/7/18 before Judge Valerie E. Caproni. 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 1/7/2019. Redacted Transcript Deadline set for 1/17/2019. Release of Transcript Restriction set for 3/18/2019. (McGuirk, Kelly) (Entered: 12/17/2018)
12/14/2018 LETTER by USA as to Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from the Government dated December 14, 2018 re: Opposition to Gerardi and Aiello's Motions for Bail Pending Appeal Document filed by USA. (Zhou, David) (Entered: 12/14/2018)
12/14/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Gerardi. Notice is hereby given that an official transcript of a Sentence proceeding held on 12/6/18 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: 12/14/2018)
12/14/2018TRANSCRIPT of Proceedings as to Joseph Gerardi re: Sentence held on 12/6/18 before Judge Valerie E. Caproni. 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 1/4/2019. Redacted Transcript Deadline set for 1/14/2019. Release of Transcript Restriction set for 3/14/2019. (McGuirk, Kelly) (Entered: 12/14/2018)
12/13/2018***DELETED DOCUMENT. Deleted document number 956. ORDER as to Kevin Schuler. The document was incorrectly filed in this case. [*** NOTE: Already docketed as Doc.# 955. ***] (bw) (Entered: 12/13/2018)
12/13/2018ORDER as to Kevin Schuler. WHEREAS on September 17, 2018 (Dkt. 853), the Court set January 4, 2019 as a control date for Defendant Kevin Schuler's sentencing, and the Court adjourned sine die the deadlines for Mr. Schuler's sentencing submissions and PSR disclosure; IT IS HEREBY ORDERED THAT the January 4, 2019 control date is cancelled. No later than December 21, 2018, the Government must submit a letter stating whether Mr. Schuler is ready to be sentenced and, if so, proposing three possible dates for sentencing. All proposed dates should be later than February 1, 2019, and at least two proposed dates should be on Fridays. The Government's letter must also propose a schedule for first disclosure, objections, and final disclosure of Mr. Schuler's PSR. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/13/2018)(bw) (Entered: 12/13/2018)
12/13/2018Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Joseph Gerardi re: 954 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 12/13/2018)
12/13/2018Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Joseph Gerardi to US Court of Appeals re: 954 Notice of Appeal - Final Judgment. (tp) (Entered: 12/13/2018)
12/13/2018NOTICE OF APPEAL by Joseph Gerardi from 945 Judgment. Filing fee $ 505.00, receipt number 465401224685. (tp) (Entered: 12/13/2018)
12/12/2018JUDGMENT In A Criminal Case (S2 16-Cr-776-2). Date of Imposition of Judgment: 12/11/2018. Defendant Alain Kaloyeros (2) was found guilty on Count(s) 1ss, 2ss, and 4ss, after a plea of not guilty. Count(s) Open and Underlying are dismissed on the motion of the United States. IMPRISONMENT: Forty-Two (42) Months on all counts to run concurrently. -The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in the minimum security camp located at USP Canaan. -The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: ***The defendant has been granted bail, pending appeal. If the defendant's conviction is not reversed on appeal, he must surrender to his designated facility not later that 12:00 pm, sixty (60) days after the issuance of the appellate mandate. If a facility has not been designated by that time, the defendant shall surrender to the United States Marshal for this district. SUPERVISED RELEASE: Two (2) Years on each count to run concurrently. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). ASSESSMENT: $300.00, due immediately. FINE: $100,000.00. Special instructions regarding the payment of criminal monetary penalties: A fine in the amount of $100,000.00 on all counts to run concurrently is Ordered to be paid not later than thirty (30) days from the entry of this Judgment. (Signed by Judge Valerie E. Caproni on 12/12/2018)(bw) (Entered: 12/12/2018)
12/12/2018Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Louis Ciminelli re: 952 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (nd) (Entered: 12/12/2018)
12/12/2018Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Louis Ciminelli to US Court of Appeals re: 952 Notice of Appeal - Final Judgment. (nd) (Entered: 12/12/2018)
12/12/2018NOTICE OF APPEAL by Louis Ciminelli from 939 Judgment. Filing fee $ 505.00, receipt number 465401224586. (nd) (Entered: 12/12/2018)
12/12/2018Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Steven Aiello re: 951 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 12/12/2018)
12/12/2018Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Steven Aiello to US Court of Appeals re: 951 Notice of Appeal - Final Judgment. (tp) (Entered: 12/12/2018)
12/12/2018NOTICE OF APPEAL by Steven Aiello from 946 Judgment. Filing fee $ 505.00, receipt number 465401224574. (tp) (Entered: 12/12/2018)
12/12/2018ORDER as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. WHEREAS the Court has sentenced Defendants Steven Aiello, Louis Ciminelli, Joseph Gerardi, and Alain Kaloyeros; IT IS HEREBY ORDERED THAT: 1. If the Government and Messrs. Aiello, Ciminelli, and Gerardi are unable to come to a resolution regarding forfeiture, the Government must submit a brief in support of its application for forfeiture no later than January 11, 2019. Messrs. Aiello, Ciminelli, and Gerardi must respond no later than January 25, 2019. The Government must reply no later than February 1, 2019. 2. No later than December 14, 2018, the Government must respond to Messrs.' Aiello's and Gerardi's applications for bail pending appeal. Messrs. Aiello's and Gerardi's replies must be filed no later than December 28, 2018. (This order supersedes the December 20, 2018 deadline that the Court set orally for Mr. Gerardi's reply.) SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/12/2018)(bw) (Entered: 12/12/2018)
12/12/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Louis Ciminelli. Notice is hereby given that an official transcript of a Sentence proceeding held on 12/3/18 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: 12/12/2018)
12/12/2018TRANSCRIPT of Proceedings as to Louis Ciminelli re: Sentence held on 12/3/18 before Judge Valerie E. Caproni. 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 1/2/2019. Redacted Transcript Deadline set for 1/14/2019. Release of Transcript Restriction set for 3/12/2019. (McGuirk, Kelly) (Entered: 12/12/2018)
12/11/2018DISMISSAL OF COUNTS on Government Motion as to Alain Kaloyeros (2) Count 1,1s,2,2s,4,4s. (bw) (Entered: 12/12/2018)
12/11/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Sentencing held on 12/11/2018 for Alain Kaloyeros (2) Count 1ss,2ss,4ss. (jp) (Entered: 12/12/2018)
12/11/2018 LETTER by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Milton Williams dated December 11, 2018 re: Clarification regarding requested designated facility. Document filed by Joseph Gerardi. (Williams, Milton) (Entered: 12/11/2018)
12/11/2018Set/Reset Deadlines/Hearings as to Steven Aiello (4): Brief (by Government) due by 1/11/2019. Responses (by Defendant) to Brief due by 1/25/2019. Reply (by Government) to Response to Brief due by 2/1/2019. [*** NOTE: See page 7 of Judgment filed on 12/11/2018. ***] (bw) (Entered: 12/11/2018)
12/11/2018JUDGMENT In A Criminal Case (S2 16-Cr-776-4). Date of Imposition of Judgment: 12/7/2018. Defendant Steven Aiello (4) was found guilty on Count(s) 1ss, 2ss, and 10ss, after a plea of not guilty. The defendant has been found not guilty on count(s) 14ss and 17ss. Count(s) Open and Underlying are dismissed on the motion of the United States. IMPRISONMENT: Thirty-Six (36) Months on counts 1ss, 2ss, and 10ss, to run concurrently. -The court makes the following recommendations to the Bureau of Prisons: The Court recommends defendant be housed in the Canaan Facility in Waymart, PA. -The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 3/1/2019. ***If the defendant has not been designated to a facility by 3/1/2019, he shall surrender to the U.S. Marshal for this district. ***The defendant's motion for bail pending appeal will be briefed. If bail pending appeal is denied, defendant must surrender by 3/1/2019. If bail pending appeal is granted, and if the conviction is affirmed, the defendant must surrender within 60 days of the issuance of the appellate mandate. SUPERVISED RELEASE: Two (2) Years. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). ASSESSMENT: $300.00, due immediately. FINE: $500,000.00. -Special instructions regarding the payment of criminal monetary penalties: A fine in the amount of $250,000.00 on counts one (1ss) and two (2ss) to run concurrent with $250,000.00 on count ten (10ss), for a total amount of $500,000.00 is Ordered to be paid not later than thirty (30) days from the entry of this Judgment. -The defendant shall forfeit the defendant's interest in the following property to the United States: Forfeiture is Ordered. The parties shall confer regarding forfeiture. If an agreement cannot be reached, the Govt's brief in support of its position is due 1/11/2019. Defendant's response is due 1/25/2019. Govt's reply, if any, is due 2/1/2019. (Signed by Judge Valerie E. Caproni on 12/11/2018)(bw) (Entered: 12/11/2018)
12/11/2018Set/Reset Deadlines/Hearings as to Joseph Gerardi (5): Brief (by Government) due by 1/11/2019. Responses (by Defendant) to Brief due by 1/25/2019. Reply (by Government) to Response to Brief due by 2/1/2019. [*** NOTE Refer to page 7 of Judgment filed on 12/11/2018. ***] (bw) (Entered: 12/11/2018)
12/11/2018JUDGMENT In A Criminal Case (S2 16-Cr-776-05). Date of Imposition of Judgment: 12/6/2018. Defendant Joseph Gerardi (5) was found guilty on Count(s) 1ss, 2ss, and 16ss, after a plea of not guilty. The defendant has been found not guilty on count(s) Ten (10ss), Fourteen (14ss), and Eighteen (18ss). Count(s) All open counts are dismissed on the motion of the United States. IMPRISONMENT: Thirty (30) Months on Counts 1ss, 2ss, and 16ss, to run concurrently. -The court makes the following recommendations to the Bureau of Prisons: The Court recommends defendant be housed in the Canaan Facility in Waymart, PA. -The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 3/1/2019. ***If the defendant has not been designated to a facility by 3/1/2019, he shall surrender to the U.S. Marshal for this district. ***The defendant's motion for bail pending appeal will be briefed. If bail pending appeal is denied, defendant must surrender by 3/1/2019. If bail pending appeal is granted, and if the conviction is affirmed, the defendant must surrender within 60 days of the issuance of the appellate mandate. SUPERVISED RELEASE: Two (2) Years. Standard Conditions of Supervision (See page 4 of Judgment). Additional Supervised Release Terms (See page 5 of Judgment). ASSESSMENT: $300.00, due immediately. FINE: $500,000.00. Special instructions regarding the payment of criminal monetary penalties: A fine in the amount of $500,000 is Ordered ($250,000 on Counts 1ss and 2ss, concurrent, and $250,000 on Count 16ss, consecutive) to be paid not later than thirty (30) days from the entry of this Judgment. -The defendant shall forfeit the defendant's interest in the following property to the United States: Forfeiture is Ordered. The parties shall confer regarding forfeiture. If an agreement cannot be reached, the Govt's brief in support of its position is due 1/11/2019. Defendant's response is due 1/25/2019. Govt's reply, if any, is due 2/1/2019. (Signed by Judge Valerie E. Caproni on 12/11/2018)(bw) (Entered: 12/11/2018)
12/11/2018Sentencing Letters Re: Louis Ciminelli addressed to Judge Valerie E. Caproni. (bw) (Entered: 12/11/2018)
12/7/2018DISMISSAL OF COUNTS on Government Motion as to Steven Aiello (4) Count 1,1s,2,2s,3,3s,3ss,9,10s,13,14,14s,15s,15ss. (bw) (Entered: 12/11/2018)
12/7/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Sentencing held on 12/7/2018 for Steven Aiello (4) Count 1ss,2ss,10ss. (jp) (Entered: 12/10/2018)
12/7/2018 LETTER by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Milton Williams dated December 7, 2018 re: Clarification of Facility Request Document filed by Joseph Gerardi. (Williams, Milton) (Entered: 12/07/2018)
12/6/2018DISMISSAL OF COUNTS on Government Motion as to Joseph Gerardi (5) Count 1,1s,2,2s,3,3s,3ss,9,10s,13,14,14s,15s. (bw) (Entered: 12/11/2018)
12/6/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Sentencing held on 12/6/2018 for Joseph Gerardi (5) Count 1ss,2ss,16ss. Defendant Joseph Gerardi present with counsels Milton Williams Jr., Avni Patel, and Jacob Gardener. Legal Assistant Arielle Gerber present; AUSAs David Zhou, Matthew Podolsky, Robert Boone, and Janis Echenberg present. Special Agent Deleassa Penland Present. Paralegal Jonathan Concepcion present. Court Reporter Karen Gorlaski present. Defendant Joseph Gerardi is sentenced as follows: 30 Months imprisonment on Count 1ss and Count 2ss and 16ss to run concurrently, 2 Years Supervised Release on each count to run concurrently. $500,000 Fine ($250,000 on Counts 1ss and 2ss, and $250,000 on Count 16ss) (Due 30 days from today). Special Assessment of $300. Voluntary surrender at noon, March 1, 2019 at designated prison, if none designated then surrender to U.S. Marshal. If appeal filed, voluntary surrender 60 days after issuance of mandate. The Court recommends to the Bureau of Prison that defendant be housed at the Cannan Facility located in Walmart, PA. The Mandatory, Standard, and Special conditions of the PSR applies. The Court dismisses any open counts. (bw) (Entered: 12/11/2018)
12/5/2018Sentencing Letters as to (16-Cr-776-04) Steven Aiello addressed to Judge Valerie E. Caproni. (bw) (Entered: 12/06/2018)
12/4/2018 LETTER by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Milton Williams dated December 4, 2018 re: Bail Pending Appeal Document filed by Joseph Gerardi. (Williams, Milton) (Entered: 12/04/2018)
12/4/2018MEMO ENDORSEMENT as to (S2-16-Cr-776-04) Steven Aiello on re: 938 LETTER by Steven Aiello addressed to Judge Valerie E. Caproni from Scott Iseman, Esq. dated December 4, 2018 re: Courtroom accommodations. ENDORSEMENT: This application is DENIED. The Court has read the sentencing letters submitted on behalf of Mr. Aiello and appreciates the number of people who wish to support him. Sentencing will take place in Courtroom 443, and the Defense must share the gallery space with the Government, the press, and the public. A room with a live video feed will be available for any overflow. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/4/2018)(bw) (Entered: 12/04/2018)
12/4/2018Set/Reset Deadlines/Hearings as to Louis Ciminelli (6): Brief (by Government re Forfeiture) due by 1/11/2019. Responses (by Defendant) to Brief due by 1/25/2019. Reply (by Government) to Response to Brief due by 2/1/2019. [*** NOTE: Refer to Page 7 of Judgment. ***] (bw) (Entered: 12/04/2018)
12/4/2018JUDGMENT In A Criminal Case (S2-16-Cr-776-6). Date of Imposition of Judgment: 12/3/2018. Defendant Louis Ciminelli (6) was found guilty to Count(s) 1ss, 4ss, after a plea of not guilty. Count(s) Open and Underlying are dismissed on the motion of the United States. IMPRISONMENT: Twenty-Eight (28) Months on Counts One and Four to run concurrently. -The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in the camp at FMC Devens. -The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: ***The defendant is granted permission to remain on bail pending appeal. The defendant shall surrender to his designated facility not later than noon, sixty (60) days after the mandate issues on his appeal. SUPERVISED RELEASE: Two (2) Years on each count to run concurrently. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $200.00, due immediately. FINE: $500,000.00. Special instructions regarding the payment of criminal monetary penalties: A fine in the amount of $500,000.00 is Ordered to be paid not later than 30 days from the entry of this judgment. -The defendant shall forfeit the defendant's interest in the following property to the United States: Forfeiture is Ordered. The parties shall confer regarding forfeiture. If an agreement cannot be reached, the Govt's brief in support of its position is due 1/11/2019. Defendant's response is due 1/25/2019. Govt's reply, if any, is due 2/1/2019. (Signed by Judge Valerie E. Caproni on 12/4/2018)(bw) (Entered: 12/04/2018)
12/4/2018 LETTER by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Scott Iseman, Esq. dated December 4, 2018 re: Courtroom accommodations Document filed by Steven Aiello. (Iseman, Scott) (Entered: 12/04/2018)
12/3/2018DISMISSAL OF COUNTS on Government Motion as to Louis Ciminelli (6) Count 1,1s,4,4s,5,5s,5ss. (bw) (Entered: 12/04/2018)
12/3/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Sentencing held on 12/3/2018 for Louis Ciminelli (6) Count 1ss,4ss. (jp) (Entered: 12/03/2018)
12/3/2018 LETTER by Louis Ciminelli addressed to Judge Valerie E. Caproni from Paul Shechtman dated December 3, 2018 re: Joining Letters of Messrs. Aeillo and Gerardi (Shechtman, Paul) (Entered: 12/03/2018)
12/3/2018 LETTER by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Scott Iseman, Esq. dated December 3, 2018 re: Court's Order Regarding Forfeiture Document filed by Steven Aiello. (Iseman, Scott) (Entered: 12/03/2018)
12/2/2018 LETTER by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Milton Williams dated December 2, 2018 re: Forfeiture Document filed by Joseph Gerardi. (Williams, Milton) (Entered: 12/02/2018)
11/30/2018 LETTER (email) by Louis Ciminelli addressed to Judge Valerie E. Caproni, from Carl Paladino dated 11/30/2018 re: Sentencing of Lou Ciminelli. (ap) (Entered: 11/30/2018)
11/30/2018MEMO ENDORSEMENT as to Steven Aiello, Joseph Gerardi, Louis Ciminelli on re: 931 LETTER by USA addressed to Judge Valerie E. Caproni from the Government dated November 29, 2018 re: Forfeiture. ENDORSEMENT: If Messrs. Aiello, Ciminelli, or Gerardi object to the Court entering a general order of forfeiture at his sentencing proceeding, with the amount to be determined at a later date, he must submit a letter explaining the basis for his objection no later than December 3, 2018 at 9:00 a.m. (Signed by Judge Valerie E. Caproni on 11/30/2018) (ap) (Entered: 11/30/2018)
11/30/2018 LETTER by Louis Ciminelli addressed to Judge Valerie E. Caproni from Paul Shechtman dated November 30, 2018 re: Briefing and Briefing Schedule for Bail Pendind Appeal (Shechtman, Paul) (Entered: 11/30/2018)
11/29/2018 LETTER by USA as to Steven Aiello, Joseph Gerardi, Louis Ciminelli addressed to Judge Valerie E. Caproni from the Government dated November 29, 2018 re: Forfeiture Document filed by USA. (Zhou, David) (Entered: 11/29/2018)
11/29/2018MEMO ENDORSEMENT as to Peter Galbraith Kelly, Jr. on re: 926 NOTICE of Withdrawal of Appearance of Jun Xiang of Lankler Siffert & Wohl LLP as counsel for defendant Peter Galbraith Kelly, Jr. ENDORSEMENT: SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/29/2018) (ap) Modified on 11/30/2018 (ap). (Entered: 11/29/2018)
11/29/2018MEMO ENDORSEMENT as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler on re: 925 LETTER by Steven Aiello addressed to Judge Valerie E. Caproni from Scott Iseman, Esq. dated November 28, 2018 re: Reply to Government's Sentencing Memorandum. ENDORSEMENT: If, as this letter suggests, the Government is seeking forfeiture from any of the June Defendants, it must notify the Court by letter no later than November 30, 2018 at 9:00 a.m. The letter must show good cause for failing to raise this issue in a more timely fashion and must explain in sufficient detail the basis for forfeiture in this case. (Signed by Judge Valerie E. Caproni on 11/29/2018) (ap) (Entered: 11/29/2018)
11/29/2018NOTICE OF ATTORNEY APPEARANCE: Alexandra A. E. Shapiro appearing for Steven Aiello. Appearance Type: Retained. (Shapiro, Alexandra) (Entered: 11/29/2018)
11/29/2018Sentencing Letter by USA as to Louis Ciminelli addressed to Judge Valerie E. Caproni dated November 28, 2018 re: Impact of Health Condition. (Podolsky, Matthew) (Entered: 11/29/2018)
11/28/2018NOTICE of of Withdrawal of Appearance of Jun Xiang of Lankler Siffert & Wohl LLP as counsel for defendant Peter Galbraith Kelly, Jr. as to Peter Galbraith Kelly, Jr. (Xiang, Jun) (Entered: 11/28/2018)
11/28/2018 LETTER by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Scott Iseman, Esq. dated November 28, 2018 re: Reply to Government's Sentencing Memorandum Document filed by Steven Aiello. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Iseman, Scott) (Entered: 11/28/2018)
11/28/2018Set/Reset Hearings as to Steven Aiello: Sentencing set for 12/7/2018 at 11:15 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (ap) (Entered: 11/28/2018)
11/28/2018Set/Reset Hearings as to Louis Ciminelli: Sentencing set for 12/3/2018 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (ap) (Entered: 11/28/2018)
11/28/2018MEMO ENDORSEMENT as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler on re: 921 Sentencing Letter by Steven Aiello addressed to Judge Caproni from Stephen R. Coffey, Esq. dated November 27, 2018 re: Sentencing. ENDORSEMENT: This application is GRANTED. Mr. Ciminelli's sentencing is moved to December 3 at 2:00 p.m. Mr. Aiello's sentencing is moved to December 7 at 11:15 a.m. As the Court previously ordered (see Dkt. 853), Mr. Gerardi's sentencing will be held on December 6 at 2:00 p.m., and Mr. Kaloyeros's sentencing will be held on December 11 at 2:00 p.m. All sentencings will take place in Courtroom 443 of the Thurgood Marshall U.S. Courthouse. (Signed by Judge Valerie E. Caproni on 11/28/2018)(ap) (Entered: 11/28/2018)
11/27/2018 LETTER by Louis Ciminelli addressed to Judge Valerie E. Caproni from Jeanne Burke re: Letter from Jeanne Burke (jw) (Entered: 11/27/2018)
11/27/2018ORDER as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. THE PARTIES ARE HEREBY NOTIFIED THAT if the Court determines that the loss enhancement does not apply to one or more of the June Defendantswhether because the Government has failed to prove the existence or the amount of the lossthe Court may vary upward from the applicable Guidelines range when determining an appropriate term of imprisonment or fine. Additionally, in the event that the Court imposes a term of imprisonment for more than one of the June Defendants, and in the event that more than one of these Defendants intend to move for bail pending appeal, the Court will set all such motions on a single, omnibus briefing schedule. Accordingly, the June Defendants are ORDERED to confer with the Government on a reasonable briefing schedule for possible motions for bail pending appeal. The parties must be prepared to discuss this schedule at the upcoming sentencing proceedings. (Signed by Judge Valerie E. Caproni on 11/27/18)(jw) (Entered: 11/27/2018)
11/27/2018Sentencing Letter by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Caproni from Stephen R. Coffey, Esq. dated November 27, 2018 re: Sentencing. (Coffey, Stephen) (Entered: 11/27/2018)
11/27/2018 LETTER by Steven Aiello addressed to Judge Valerie E. Caproni from Michael R. Franklin re: Letter from Michael R. Franklin about defendant Steve Aiello (jw) (Entered: 11/27/2018)
11/27/2018 LETTER by Joseph Gerardi addressed to Judge Valerie E. Caproni from Milton L. Williams dated November 27, 2018 re: the Government's sentencing submission for J. Gerardi (Williams, Milton) (Entered: 11/27/2018)
11/26/2018ORDER as to Louis Ciminelli: IT IS HEREBY ORDERED THAT Mr. Ciminelli's sentencing proceeding is ADJOURNED to December 7, 2018 at 11:15 a.m., in Courtroom 443 of the Thurgood Marshall U.S. Courthouse. (Sentencing set for 12/7/2018 at 11:15 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 11/26/2018) (lnl) (Entered: 11/27/2018)
11/26/2018 LETTER by Louis Ciminelli addressed to Judge Valerie E. Caproni from Albert S. Sam dated 11/16/18 re: Letter from Albert S. Sam re: Louis Ciminelli (jw) (Entered: 11/26/2018)
11/26/2018 LETTER by Louis Ciminelli addressed to Judge Valerie E. Caproni from Paul Shechtman dated November 26, 2018 re: Response to Government's November 19, 2018 Letter (Attachments: # 1 Exhibit Letters of Support)(Shechtman, Paul) (Entered: 11/26/2018)
11/26/2018ORDER as to Steven Aiello ( Sentencing set for 12/3/2018 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni) IT IS HEREBY ORDERED that Mr. Aiellos sentencing proceeding is ADJOURNED to December 3, 2018 at 2:00 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse (Signed by Judge Valerie E. Caproni on 11/26/18)(jw) (Entered: 11/26/2018)
11/19/2018SENTENCING SUBMISSION by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit 1 to 16, # 2 Exhibit 17 to 32, # 3 Exhibit 33 to 48, # 4 Exhibit 49, # 5 Exhibit 50, # 6 Exhibit 51)(Miller, Michael) (Entered: 11/19/2018)
11/19/2018Sentencing Letter by USA as to Alain Kaloyeros addressed to Judge Valerie E. Caproni dated November 19, 2018. (Podolsky, Matthew) (Entered: 11/19/2018)
11/19/2018Sentencing Letter by USA as to Joseph Gerardi addressed to Judge Valerie E. Caproni dated November 19, 2018. (Podolsky, Matthew) (Entered: 11/19/2018)
11/19/2018Sentencing Letter by USA as to Steven Aiello addressed to Judge Valerie E. Caproni dated November 19, 2018. (Podolsky, Matthew) (Entered: 11/19/2018)
11/19/2018Sentencing Letter by USA as to Louis Ciminelli addressed to Judge Valerie E. Caproni dated November 19, 2018. (Podolsky, Matthew) (Entered: 11/19/2018)
11/19/2018SENTENCING SUBMISSION by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Appendix Character Letters A-C, # 2 Appendix Character Letters D-H, # 3 Appendix Character Letters I-M, # 4 Appendix Character Letters N-Z)(Iseman, Scott) (Entered: 11/19/2018)
11/19/2018SENTENCING SUBMISSION by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Appendix)(Williams, Milton) (Entered: 11/19/2018)
11/19/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated November 19, 2018 re: Requesting Permission to File Sentencing Submission with Redactions . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 11/19/2018)
11/16/2018Sentencing Letters as to (16-Cr-776-06) Louis Ciminelli addressed to Judge Valerie E. Caproni re: Louis P. Ciminelli. (bw) (Entered: 11/16/2018)
11/12/2018SENTENCING SUBMISSION by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Appendix Letters from Friends and Family, # 2 Appendix Letters from Friends and Family, # 3 Appendix Letters from Doctors)(Shechtman, Paul) (Entered: 11/12/2018)
11/9/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Peter Galbraith Kelly, Jr.. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/16/18 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: 11/09/2018)
11/9/2018TRANSCRIPT of Proceedings as to Peter Galbraith Kelly, Jr. re: Sentence held on 10/16/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Adrienne Mignano (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 11/30/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/7/2019. (McGuirk, Kelly) (Entered: 11/09/2018)
11/8/2018 REPLY MEMORANDUM OF LAW in Support as to Joseph Percoco re: 883 MOTION to Continue Bail Pending Appeal. . (Attachments: # 1 Exhibit A-Transcript)(Bohrer, Barry) (Entered: 11/08/2018)
11/2/2018MEMORANDUM in Opposition by USA as to Joseph Percoco re 883 MOTION to Continue Bail Pending Appeal.. (Boone, Robert) (Entered: 11/02/2018)
10/25/2018ORDER OF RESTITUTION as to Peter Galbraith Kelly, Jr. (Signed by Judge Valerie E. Caproni on 10/25/2018) (See ORDER set forth) (ap) (Entered: 10/25/2018)
10/25/2018 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated October 25, 2018 re: in reply to Docket No. 891 and in further support of a forfeiture amount of $225,000. (Bohrer, Barry) (Entered: 10/25/2018)
10/25/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 10-25-18 re: 892 Order, Set Deadlines/Hearings,,,, re: Restitution Order . Document filed by USA as to Peter Galbraith Kelly, Jr.. (Attachments: # 1 Exhibit Proposed Restitution Order)(Echenberg, Janis) (Entered: 10/25/2018)
10/18/2018Sentencing Letter addressed to Judge Valerie E. Caproni from Pietro V. Giovenco dated September 6, 2018 re: Letter of Support for Joseph Gerardi. (bw) (Entered: 10/19/2018)
10/18/2018ORDER as to (16-Cr-776-3) Peter Galbraith Kelly, Jr. WHEREAS on October 16, 2018, the Court sentenced Defendant Peter Galbraith Kelly, Jr.; and WHEREAS as part of Mr. Kelly's sentence, the Court ordered Mr. Kelly to pay $247,000 in restitution to CPV; IT IS HEREBY ORDERED THAT no later than October 25, 2018, the Government must submit a proposed order of restitution to the Court (both on ECF and via email in Microsoft Word format). SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/18/2018)(bw) (Entered: 10/18/2018)
10/18/2018 LETTER by USA as to Joseph Percoco addressed to Judge Valerie E. Caproni from the Government dated October 18, 2018 re: Government's Opposition to Percoco's letter requesting lower forfeiture amount (Dkt. No. 875) Document filed by USA. (Zhou, David) Modified on 10/18/2018 (ka). (Entered: 10/18/2018)
10/17/2018JUDGMENT In A Criminal Case (S3-16-Cr-776-3). Date of Imposition of Judgment: 10/16/2018. Defendant as to Peter Galbraith Kelly, Jr. (3) pleaded guilty to Count(s) 1sss. Count(s) Open and Underlying are dismissed on the motion of the United States. IMPRISONMENT: Fourteen (14) Months. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be designated to the camp at FCI Schuylkill. -The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 1/22/2019. ***If the defendant has not been designated to a facility by 1/22/2019, he shall surrender to the USMS for this district. SUPERVISED RELEASE: Three (3) Years. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release Terms (see page 5 of Judgment). ASSESSMENT: $100.00, due immediately. RESTITUTION: $247,000.00. Additional Terms For Criminal Monetary Penalties: Restitution in the amount of $247,000.00 is Ordered. While incarcerated, if the defendant is engaged in a non-UNICOR work program, he must pay at least $25/ quarter towards restitution. If the defendant participates in a UNICOR program as a grade 1-4, he must pay 50% of your earnings towards restitution. After the defendant is released from prison, if there is a balance due and owing, he must pay at least 15% of his gross monthly income towards restitution. (Signed by Judge Valerie E. Caproni on 10/17/2018)(bw) (Entered: 10/17/2018)
10/17/2018MEMO ENDORSEMENT granting 887 LETTER MOTION filed by Joseph Percoco (1), addressed to Judge Valerie E. Caproni from Attorney Barry A. Bohrer dated October 16, 2018 re: 867 Judgment, re: Requesting that the Court correct the Judgment. ENDORSEMENT: Application GRANTED. The Court will file an Amended Judgment with this change after deciding the amount of Mr. Percoco's forfeiture (which would otherwise require its own Amended Judgment). SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/17/2018) (bw) (Entered: 10/17/2018)
10/16/2018DISMISSAL OF COUNTS on Government Motion as to Peter Galbraith Kelly, Jr. (3) Count 9,9s,9ss,12,13s,13ss. (bw) (Entered: 10/17/2018)
10/16/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Sentencing held on 10/16/2018 for Peter Galbraith Kelly, Jr. (3) Count 1sss. (jp) (Entered: 10/17/2018)
10/16/2018Sentencing Letters addressed to Judge Valerie Caproni re: Sentencing of Peter Galbraith Kelly, Jr. (bw) (Entered: 10/16/2018)
10/16/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated October 16, 2018 re: 867 Judgment,,,,, re: Requesting that the Court correct the Judgment . Document filed by Joseph Percoco. (Bohrer, Barry) (Entered: 10/16/2018)
10/16/2018Sentencing Letters addressed to Judge Valerie Caproni Re: Sentencing of Peter Galbraith Kelly, Jr. (bw) (Entered: 10/16/2018)
10/11/2018Set/Reset Hearings as to Peter Galbraith Kelly, Jr.: Curcio Hearing set for 10/16/2018 at 03:00 PM before Judge Valerie E. Caproni. (lnl) (Entered: 10/12/2018)
10/11/2018MEMO ENDORSEMENT as to Peter Galbraith Kelly, Jr. (3) granting 882 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 10-11-18 re: Request for Curcio hearing. ENDORSEMENT: Application GRANTED. The Court will hold a Curcio hearing on October 16, 2018 at 3:00 p.m. prior to sentencing. (Signed by Judge Valerie E. Caproni on 10/11/2018) (lnl) (Entered: 10/12/2018)
10/11/2018MEMORANDUM in Support by Joseph Percoco re 883 MOTION to Continue Bail Pending Appeal.. (Bohrer, Barry) (Entered: 10/11/2018)
10/11/2018 MOTION to Continue Bail Pending Appeal. Document filed by Joseph Percoco. (Bohrer, Barry) (Entered: 10/11/2018)
10/11/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 10-11-18 re: Request for Curcio hearing . Document filed by USA as to Peter Galbraith Kelly, Jr.. (Echenberg, Janis) (Entered: 10/11/2018)
10/11/2018***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Peter Galbraith Kelly, Jr.: Notice to Attorney Echenberg, Janis to RE-FILE Document 881 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 10-11-18 re: Request for a Curcio hearing. ERROR(S): Attorney signature missing from document. (ka) (Entered: 10/11/2018)
10/11/2018 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 10-11-18 re: Request for a Curcio hearing . Document filed by USA as to Peter Galbraith Kelly, Jr.. (Echenberg, Janis) Modified on 10/11/2018 (ka). (Entered: 10/11/2018)
10/9/2018Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Joseph Percoco re: 879 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 10/09/2018)
10/9/2018Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Joseph Percoco to US Court of Appeals re: 879 Notice of Appeal. (nd) (Entered: 10/09/2018)
10/9/2018NOTICE OF APPEAL by Joseph Percoco from 867 Judgment. Filing fee $ 505.00, receipt number 465401219863. (nd) (Entered: 10/09/2018)
10/5/2018 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 10/5/2018 re: proposed revisions to the Presentence Investigation Report (Gitner, Daniel) (Entered: 10/05/2018)
10/5/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco. Notice is hereby given that an official transcript of a Sentence proceeding held on 9/20/18 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: 10/05/2018)
10/5/2018TRANSCRIPT of Proceedings as to Joseph Percoco re: Sentence held on 9/20/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Sonya Ketter Moore, (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 10/26/2018. Redacted Transcript Deadline set for 11/5/2018. Release of Transcript Restriction set for 1/3/2019. (McGuirk, Kelly) (Entered: 10/05/2018)
10/4/2018 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated October 4, 2018 re: in further support of a forfeiture amount of $225,000. (Bohrer, Barry) (Entered: 10/04/2018)
10/3/2018MEMO ENDORSEMENT granting 873 LETTER MOTION filed by Joseph Percoco (1), addressed to Judge Valerie E. Caproni from Attorney Andrew D. Gladstein dated October 3, 2018 re: bail conditions. We write to respectfully request that Mr. Percoco's bail conditions be modified to permit him to travel during the month of October 2018 to the District of Massachusetts, where Mr. Percoco is planning to take his daughter on several college tours. Pretrial Services is fully apprised of his travel plans. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/3/2018) (bw) (Entered: 10/03/2018)
10/3/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Andrew D. Gladstein dated October 3, 2018 re: bail conditions . Document filed by Joseph Percoco. (Gladstein, Andrew) (Entered: 10/03/2018)
10/1/2018SENTENCING SUBMISSION by Peter Galbraith Kelly, Jr.. (Attachments: # 1 Exhibit 1 to 6, # 2 Exhibit 7 to 12, # 3 Exhibit 13 to 18, # 4 Exhibit 19 to 24, # 5 Exhibit 25 to 30, # 6 Exhibit 31 to 36, # 7 Exhibit 37 to 42, # 8 Exhibit 43 to 50)(Gitner, Daniel) (Entered: 10/01/2018)
10/1/2018SENTENCING SUBMISSION by USA as to Peter Galbraith Kelly, Jr.. (Attachments: # 1 Exhibit A)(Echenberg, Janis) (Entered: 10/01/2018)
9/27/2018MEMO ENDORSEMENT 789 LETTER MOTION we respectfully request permission to file certain of the letters in support of Mr. Percocos sentencing submission with redactions, all of which have been filed as exhibits to our sentencing submission on ECF. We will email the Court separately with a complete set of the unredacted letters...ENDORSEMENT..The redactions to Mr. Percoco's sentencing submissions are APPROVED. The Court will file the unredacted versions under seal. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/27/18) (jw) (Entered: 09/28/2018)
9/26/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 9/26/2018 re: permission to electronically file redacted versions of certain letters . Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 09/26/2018)
9/26/2018 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 9/26/2018 re: amount of restitution (Gitner, Daniel) (Entered: 09/26/2018)
9/25/2018JUDGMENT In A Criminal Case (S2-16-Cr-776-1). Date of Imposition of Judgment: 9/20/2018. Defendant Joseph Percoco (1) was found guilty on Count(s) 9ss, 10ss, 11ss, after a plea of not guilty. Count(s) Open and Underlying are dismissed on the motion of the United States. IMPRISONMENT: Seventy-Two (72) Months on each count to run concurrently. The court makes the following recommendations to the Bureau of Prisons: It is recommended that the defendant be housed in the camp at FCI Otisville. -The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 12/28/2018. ***If the defendant has not been designated to a facility by 12/28/2018, he shall surrender to the US Marshal for this district. SUPERVISED RELEASE: Three (3) Years on each count to run concurrently. Standard Conditions of Supervision (see page 4 of Judgment). Additional Supervised Release (see page 5 of Judgment). ASSESSMENT: $300.00, due immediately. Additional Terms For Criminal Monetary Penalties: Forfeiture traceable to the offense is Ordered. The parties are to submit to the Court their positions with respect to forfeiture and a final Order will follow. Special instructions regarding the payment of criminal monetary penalties: Payment of forfeiture during supervised release will be in amounts not less than 15% of defendant's gross income from all sources. (Signed by Judge Valerie E. Caproni on 9/25/2018)(bw) (Entered: 09/25/2018)
9/25/2018Sentencing Letter as to Joseph Percoco addressed to Judge Valerie Caproni from A Citizen dated September 21, 2018. (bw) (Entered: 09/25/2018)
9/24/2018ENDORSED LETTER as to (16-Cr-776-01) Joseph Percoco addressed to Judge Valerie E. Caproni from Attorney Andrew D. Gladstein dated Septembet 19, 2018 re: We write to respectfully request that paragraph 155 of the PSR be removed prior to the transmittal of the PSR to the Bureau of Prisons ("BOP"). ENDORSEMENT: The application to strike paragraph 155 of the PSR is GRANTED. The application to file this letter under seal is DENIED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/24/2018)(bw) (Entered: 09/24/2018)
9/21/2018ORDER as to (16-Cr-776-03) Peter Galbraith Kelly, Jr. WHEREAS Defendant Kelly is scheduled to be sentenced on October 16, 2018 at 3:00 p.m., with sentencing submissions due October 1, 2018 (see Dkts. 843, 853); and WHEREAS in Mr. Kelly's plea agreement, the Government and Mr. Kelly agreed that the appropriate amount of restitution to CPV is $190,000; IT IS HEREBY ORDERED THAT the Government's and Mr. Kelly's sentencing submissions must address how the parties arrived at this amount and why it appropriately values the pecuniary loss to CPV. If the basis for this amount is CPV's payments to Lisa Percoco minus the value of her services to CPV (as measured by Keri Hamm's salary), the parties must address why Ms. Hamm's salary is an accurate measure of the value of Ms. Percoco's services. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/21/2018)(bw) (Entered: 09/21/2018)
9/21/2018ORDER as to (16-Cr-776-01) Joseph Percoco. WHEREAS on September 20, 2018, Defendant Percoco appeared before this Court for sentencing; IT IS HEREBY ORDERED THAT: 1. Mr. Percoco must voluntarily surrender to his designated facility by noon on December 28, 2018. All bail conditions are continued until that time. If no facility has been designated by that time, Mr. Percoco must surrender to the United States Marshal for the Southern District of New York. 2. No later than October 4, 2018, Mr. Percoco may submit a brief in support of his position on forfeiture. The Government must respond no later than October 18, 2018. Mr. Percoco may submit a reply brief no later than October 25, 2018. 3. No later than October 11, 2018, Mr. Percoco may move for bail pending appeal. The Government must respond no later than November 1, 2018. Mr. Percoco may submit areply no later than November 8, 2018. 4. Each party must submit two courtesy copies of its submissions no later than the date that each motion's reply brief is due. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/21/2018)(bw) (Entered: 09/21/2018)
9/20/2018DISMISSAL OF COUNTS on Government Motion as to Joseph Percoco (1) Count 6,6s,7-8,7s-8s,9,9s-10s,10-11,11s-12s. (bw) (Entered: 09/25/2018)
9/20/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Sentencing held on 9/20/2018 for Joseph Percoco (1) Count 9ss,10ss,11ss. (jp) (Entered: 09/25/2018)
9/20/2018Sentencing Letter as to Joseph Percoco addressed to Judge Valerie Caproni from Lisa Harrison dated 9/20/2018 re: Sentencing of Joseph Percoco. (bw) (Entered: 09/20/2018)
9/19/2018Sentencing Letters as to Joseph Percoco addressed to Judge Valerie Caproni re: Sentencing of Joseph Percoco. (bw) (Entered: 09/20/2018)
9/19/2018Sentencing Letter as to Joseph Percoco addressed to Judge Valerie Caproni from Natalia Dasraj, Victim of CPV crimes!, dated 09/19/2018. (bw) (Entered: 09/20/2018)
9/19/2018Sentencing Letter as to Joseph Percoco addressed to Judge Valerie Caproni from A Concerned Citizen dated September 17, 2018. (bw) (Entered: 09/19/2018)
9/18/2018Sentencing Letters addressed to Judge Caproni from Sally G., Tom O'Keefe, Lucy Koteen, James Cromwell, Paul Dunn, Tiffany Butler, Kenneth Baer; dated 9/18/2018 re: Sentencing of Joseph Percoco. (lnl) (Entered: 09/19/2018)
9/18/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 6/6/18 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: 09/18/2018)
9/18/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 6/6/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Alena Lynch, (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 10/9/2018. Redacted Transcript Deadline set for 10/19/2018. Release of Transcript Restriction set for 12/17/2018. (McGuirk, Kelly) (Entered: 09/18/2018)
9/18/2018Sentencing Letters Re: United States v. Joseph Percoco addressed to Judge Valerie Caproni. (bw) (Entered: 09/18/2018)
9/17/2018 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated September 17, 2018 re: Writing in Response to the Court's Order Dated September 14, 2018 (Attachments: # 1 Text of Proposed Order)(Bohrer, Barry) (Entered: 09/17/2018)
9/17/2018Set/Reset Deadlines/Hearings as to Alain Kaloyeros: Sentencing set for 12/11/2018 at 02:00 PM before Judge Valerie E. Caproni (jw) (Entered: 09/17/2018)
9/17/2018Set/Reset Deadlines/Hearings as to Joseph Gerardi: Sentencing set for 12/6/2018 at 02:00 PM before Judge Valerie E. Caproni (jw) (Entered: 09/17/2018)
9/17/2018Set/Reset Deadlines/Hearings as to Louis Ciminelli: Sentencing set for 11/28/2018 at 02:00 PM before Judge Valerie E. Caproni (jw) (Entered: 09/17/2018)
9/17/2018ORDER as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. IT IS HEREBY ORDERED THAT Sentencing for Mr. Ciminelli is adjourned to November 28, 2018 at 2:00 p.m. Sentencing for Mr. Gerardi is adjourned to December 6, 2018 at 2:00 p.m. Sentencing for Mr. Kaloyeros is adjourned to December 11, 2018 at 2:00 p.m. All sentencing submissions for Messrs. Aiello, Ciminelli, Gerardi, and Kaloyeros must be filed no later than November 19, 2018. By the same date, each party must submit two courtesy copies of its submissions (including letters and exhibits) to Chambers. The final PSRs for Messrs. Aiello, Ciminelli, Gerardi, and Kaloyeros must be disclosed to the Court no later than November 15, 2018. All objections to the PSRs for these Defendants must be submitted to the Probation Office by October 18, 2018. The December 7, 2018 sentencing for Mr. Schuler, the November 9, 2018 deadline for final disclosure of Mr. Schulers PSR, and the November 21, 2018 deadline for Mr. Schulers sentencing submissions (see Dkt. 794), are adjourned sine die. The Court hereby schedules January 4, 2019 as a control date for Mr. Schuler. The parties need not appear on that date unless otherwise ordered. Mr. Kellys October 16, 2018 (5:00 p.m.) sentencing is moved to October 16, 2018 at 3:00 p.m. All other deadlines pertaining to Mr. Kellys sentencing remain in effect. Pursuant to the order at Dkt. 786, Messrs. Aiello, Ciminelli, Gerardi, and Kaloyeros are reminded that no later than September 20, 2018, they must submit to the Court electronic copies of any exhibits that were identified/admitted at trial but that have not yet been produced to the Court. The Defendants may do so in CD format. All sentencing will take place in Courtroom 443 of the Thurgood Marshall U.S. Courthouse. The Clerk of Court is respectfully directed to close the open motions at Dkts. 847, 848, and 849. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/17/18)(jw) (Entered: 09/17/2018)
9/14/2018MEMO ENDORSEMENT as to Joseph Percoco on 851 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 9-14-18 re: 788 Sentencing Submission re: Order of Forfeiture. ENDORSEMENT: No later than September 17, 2018 at 4:00 p.m., Mr. Percoco must respond with a letter explaining his position and a proposed order of forfeiture. (Signed by Judge Valerie E. Caproni on 9/14/2018) (lnl) (Entered: 09/17/2018)
9/14/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 9-14-18 re: 788 Sentencing Submission re: Order of Forfeiture . Document filed by USA as to Joseph Percoco. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Echenberg, Janis) (Entered: 09/14/2018)
9/13/2018 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Andrew D. Gladstein dated September 13, 2018 re: attaching a letter from Joseph Percoco submitted in anticipation of his September 20, 2018 sentencing date (Attachments: # 1 Exhibit A)(Gladstein, Andrew) (Entered: 09/13/2018)
9/13/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Paul Shechtman dated September 13, 2018 re: Request to Adjourn Sentencing Hearing . Document filed by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Shechtman, Paul) (Entered: 09/13/2018)
9/13/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated September 13, 2018 re: Request to Adjourn Sentencing Hearing . Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 09/13/2018)
9/13/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Milton Williams dated September 13, 2018 re: Request for Adjournment of Sentencing . Document filed by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Williams, Milton) (Entered: 09/13/2018)
9/11/2018Set/Reset Hearings as to Steven Aiello: Sentencing set for 11/29/2018 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (ap) (Entered: 09/11/2018)
9/11/2018ORDER as to Steven Aiello (4) granting in part 845 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated September 10, 2018 re: Adjournment of Sentencing date. Application GRANTED in part. Sentencing for Mr. Aiello is adjourned to November 29, 2018 at 2:00 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse. The deadline for final disclosure of Mr. Aiello's PSR is extended to November 15, 2018. All objections to the PSR must be submitted to the Probation Office by October 18, 2018. (Signed by Judge Valerie E. Caproni on 9/11/2018) (ap) (Entered: 09/11/2018)
9/10/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated September 10, 2018 re: Adjournment of Sentencing date . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Coffey, Stephen) (Entered: 09/10/2018)
9/7/2018LETTER RESPONSE in Opposition by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli addressed to Judge Valerie E. Caproni from the Government re: 837 LETTER MOTION addressed to Judge Valerie E. Caproni from Paul Shechtman dated September 7, 2018 re: Renew Motion ., 840 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated August 9, 2018 re: Renewal of Rule 29 ., 838 LETTER MOTION addressed to Judge Valerie E. Caproni from Milton Williams dated 8/9/2018 re: Renewal of Rule 29 Motion .. (Podolsky, Matthew) Modified on 9/7/2018 (ka). (Entered: 09/07/2018)
8/21/2018Set/Reset Hearings as to Peter Galbraith Kelly, Jr.: Sentencing set for 10/16/2018 at 05:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (lnl) (Entered: 08/22/2018)
8/21/2018ORDER as to Peter Galbraith Kelly, Jr. (3) granting 842 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner dated 8/20/18 re: Sentencing Adjournment. Sentencing for Mr. Kelly is adjourned to October 16, 2018 at 5:00 p.m., Courtroom 443, Thurgood Marshall U.S. Courthouse. The deadline for sentencing submissions is adjourned to October 1, 2018. (Signed by Judge Valerie E. Caproni on 8/21/2018) (lnl) (Entered: 08/22/2018)
8/20/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner dated 8/20/18 re: Sentencing Adjournment . Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 08/20/2018)
8/9/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated August 9, 2018 re: Renewal of Rule 29 . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Coffey, Stephen) (Entered: 08/09/2018)
8/9/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated 8/9/2018 re: Renewed Motion for Judgment of Acquittal . Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 08/09/2018)
8/9/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Milton Williams dated 8/9/2018 re: Renewal of Rule 29 Motion . Document filed by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Williams, Milton) (Entered: 08/09/2018)
8/3/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Paul Shechtman dated August 3, 2018 re: Renew Motion . Document filed by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Shechtman, Paul) (Entered: 08/03/2018)
8/3/2018NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Louis Ciminelli: Notice to Attorney Shechtman, Paul to RE-FILE Document 836 MOTION for Acquittal. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 08/03/2018)
8/3/2018 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Acquittal . Document filed by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Shechtman, Paul) Modified on 8/3/2018 (ka). (Entered: 08/03/2018)
7/27/2018LETTER (E-Mail) as to USA v. Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Debra Slattery dated 07/26/2018 10:44 AM re: Percoco Sentencing. (bw) (Entered: 07/27/2018)
7/27/2018LETTER as to USA v. Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Peter J. Hogan dated July 25, 2018 re: I am writing to offer my perspective on the type of person, husband and father that I know Steven F. Aiello to be. (bw) (Entered: 07/27/2018)
7/27/2018LETTER (E-Mail) as to USA v. Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Mary Beth Sbaraglia dated 07/23/2018 08:45 PM re: Corruption (bw) (Entered: 07/27/2018)
7/27/2018LETTER as to USA v. Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Robert F. Kirchner dated July 20, 2018. (bw) (Entered: 07/27/2018)
7/26/2018MEMO ENDORSEMENT as to (S2-16-Cr-776-07) Michael Laipple on re: 829 LETTER by Michael Laipple addressed to Judge Valerie E. Caproni from Herbert L. Greenman, Esq. dated 7/25/18 re: Michael Laipple, defendant. By this letter I am respectfully requesting that the Court order the return of Mr. Laipple's passport and passport card which were surrendered to the United States District Court for the Western District of New York. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to return Mr. Laipple's travel documents to him. Mr. Laipple is advised that his travel documents may have been transferred to the Clerk of Court in the SDNY. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/26/2018)(bw) (Entered: 07/26/2018)
7/26/2018ORDER as to (16-Cr-776-01) Joseph Percoco. WHEREAS sentencing for Defendant Joseph Percoco is currently scheduled for August 10, 2018 (see Dkt. 782); IT IS HEREBY ORDERED that sentencing for Mr. Percoco is adjourned to September 20, 2018 at 2:00 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/26/2018)(bw) (Entered: 07/26/2018)
7/25/2018 LETTER by Michael Laipple addressed to Judge Valerie E. Caproni from Herbert L. Greenman, Esq. dated 7/25/18 re: Michael Laipple, defendant (Greenman, Herbert) (Entered: 07/25/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 7/12/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 7/12/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 7/12/18 CORRECTED TRANSCRIPT 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 7/12/18 CORRECTED TRIAL before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 7/11/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 7/11/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Conference proceeding held on 7/10/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 7/10/18 before Judge Valerie E. Caproni. 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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 7/9/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 7/9/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 7/9/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 7/9/18 CORRECTED TRIAL before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 7/2/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 7/2/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 7/2/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 7/2/18 corrected trial before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 6/28/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 6/28/18 corrected trial before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 6/27/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 6/27/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Thomas Murray, (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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 6/26/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 6/26/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Thomas Murray, (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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 6/25/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 6/25/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 6/21/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 6/21/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 6/20/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 6/20/18 before Judge Valerie E. Caproni. 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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 6/20/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 6/20/18 CORRECTED TRIAL before Judge Valerie E. Caproni. 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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 6/19/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 6/19/18 before Judge Valerie E. Caproni. 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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/24/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Notice is hereby given that an official transcript of a Trial proceeding held on 6/18/18 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: 07/24/2018)
7/24/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli re: Trial held on 6/18/18 CORRECTED TRIAL before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (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 8/14/2018. Redacted Transcript Deadline set for 8/24/2018. Release of Transcript Restriction set for 10/22/2018. (McGuirk, Kelly) (Entered: 07/24/2018)
7/23/2018ORDER as to Kevin Schuler. IT IS HEREBY ORDERED THAT the Court will sentence Mr. Schuler on December 7,2018 at 2:00 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. Sentencing submissions from Mr. Schuler and the Government must be filed by November 21, 2018.The Court directs the Probation Office to prepare a PSR for Mr. Schuler. Mr. Schuler must schedule his interview with the Probation Office within two weeks of this order. The final PSR must be disclosed to the Court by November 9, 2018. SO ORDERED. (Brief due by 11/21/2018, Sentencing set for 12/7/2018 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/23/2018)(ft) (Entered: 07/23/2018)
7/20/2018MEMO ENDORSEMENT as to (S2-16-Cr-776-03) Peter Galbraith Kelly, Jr. on re: 791 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 7/20/2018 re: Pre-Sentence Report. We respectfully ask that the due date for objections be adjourned one week, to July 31, 2018. ENDORSEMENT: Application GRANTED. Both the deadline for objections and the deadline for final disclosure of the PSR are extended by one week. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/20/2018)(bw) (Entered: 07/20/2018)
7/20/2018 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Mike Ziolkowski, dated 7/20/2018, re: Mr. Ziolkowski writes to request the maximum sentence for Joseph Percoco. (lnl) (Entered: 07/20/2018)
7/20/2018 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 7/20/2018 re: Pre-Sentence Report (Gitner, Daniel) (Entered: 07/20/2018)
7/18/2018SENTENCING SUBMISSION by Joseph Percoco. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2)(Bohrer, Barry) (Entered: 07/19/2018)
7/18/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Andrew D. Gladstein dated July 18, 2018 re: Requesting Permission to File Certain Letters in Support of Mr. Percoco's Sentencing Submission with Redactions . Document filed by Joseph Percoco. (Gladstein, Andrew) (Entered: 07/18/2018)
7/18/2018SENTENCING SUBMISSION by USA as to Joseph Percoco. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Echenberg, Janis) (Entered: 07/18/2018)
7/18/2018ORDER as to Kevin Schuler: IT IS HEREBY ORDERED THAT if either party objects to the Court ordering a presentence investigation and setting a sentencing date in mid-November, it must submit a letter on ECF stating its objection no later than close of business July 20, 2018. The August 1, 2018 sentencing control date is ADJOURNED. (Signed by Judge Valerie E. Caproni on 7/18/2018) (lnl) (Entered: 07/18/2018)
7/17/2018Set/Reset Deadlines/Hearings as to Louis Ciminelli (6): Brief (Sentencing submissions) due by 10/10/2018. Sentencing set for 10/17/2018 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (bw) (Entered: 07/17/2018)
7/17/2018Set/Reset Deadlines/Hearings as to Joseph Gerardi (5): Brief (Sentencing submissions) due by 10/8/2018. Sentencing set for 10/15/2018 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (bw) (Entered: 07/17/2018)
7/17/2018Set/Reset Deadlines/Hearings as to Steven Aiello (4): Brief (Sentencing submissions) due by 10/5/2018. Sentencing set for 10/12/2018 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (bw) (Entered: 07/17/2018)
7/17/2018Set/Reset Deadlines/Hearings as to Alain Kaloyeros (2): Brief (Sentencing submissions) due by 10/4/2018. Sentencing set for 10/11/2018 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (bw) (Entered: 07/17/2018)
7/17/2018ORDER as to Alain Kaloyeros (2), Steven Aiello (4), Joseph Gerardi (5), Louis Ciminelli (6). WHEREAS on July 12, 2018 (Dkt. 785), a jury returned a verdict of guilty against Defendants Kaloyeros, Aiello, Gerardi, and Ciminelli; IT IS HEREBY ORDERED THAT: 1. Briefing in support of Defendants' post-trial motions is due August 9, 2018. The Government's response is due September 6, 2018. The Government must respond to all post-trial motions in a single omnibus brief. Defendants' replies are due September 20, 2018. Each party must submit two courtesy copies (in tabbed, three-ring binders) to the Court in support of its motion papers. Additionally, if any party has not submitted to the Court electronic copies of exhibits that were identified or admitted at trial, that party must do so no later than September 20, 2018. 2. Sentencing for Mr. Kaloyeros will be held on October 11, 2018 at 2:00 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. The Government's and Mr. Kaloyeros's sentencing submissions must be filed by October 4, 2018. 3. Sentencing for Mr. Aiello (on the charges from both the January Trial and the June Trial) will be held on October 12, 2018 at 2:00 p.m. in Courtroom 443. Sentencing submissions must be filed by October 5, 2018. 4. Sentencing for Mr. Gerardi will be held on October 15, 2018 at 2:00 p.m. in Courtroom 443. Sentencing submissions must be filed by October 8, 2018. 5. Sentencing for Mr. Ciminelli will be held on October 17, 2018 at 2:00 p.m. in Courtroom 443. Sentencing submissions must be filed on October 10, 2018. 6. No later than July 31, 2018, the Defendants must contact the Probation Office to schedule interviews as part of their presentence investigations. The Government must provide its statement of the case to the Probation Office by the same time. Each Defendant's Final Presentence Report must be disclosed to the Court no later than one week prior to his sentencing date. 7. All bail conditions are continued. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/17/2018)(bw) (Entered: 07/17/2018)
7/12/2018Set/Reset Hearings as to Louis Ciminelli: Sentencing set for 10/17/2018 at 02:00 PM before Judge Valerie E. Caproni. (jbo) (Entered: 07/13/2018)
7/12/2018Set/Reset Hearings as to Joseph Gerardi: Sentencing set for 10/15/2018 at 02:00 PM before Judge Valerie E. Caproni. (jbo) (Entered: 07/13/2018)
7/12/2018Set/Reset Hearings as to Steven Aiello: Sentencing set for 10/12/2018 at 02:00 PM before Judge Valerie E. Caproni. (jbo) (Entered: 07/13/2018)
7/12/2018Set/Reset Hearings as to Alain Kaloyeros: Sentencing set for 10/11/2018 at 02:00 PM before Judge Valerie E. Caproni. (jbo) (Entered: 07/13/2018)
7/12/2018Order of Referral to Probation for Presentence Investigation and Report as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. (Signed by Judge Valerie E. Caproni on 7/12/18)(jbo) (Entered: 07/13/2018)
7/12/2018JURY VERDICT as to Alain Kaloyeros (2) Guilty on Count 1ss,2ss,4ss and Steven Aiello (4) Guilty on Count 1ss,2ss,3ss,10ss,15ss and Joseph Gerardi (5) Guilty on Count 1ss,2ss,3ss,16ss and Louis Ciminelli (6) Guilty on Count 1ss,4ss,5ss. (jbo) (Entered: 07/13/2018)
7/12/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 7/12/2018. Jury trial continued and held. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten, Michael G. Scavelli, David B. Hirsh and Katherine M. Dubak. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Jonathan Concepcion and Sylvia Lee appeared on behalf of the U.S. Government. Court Reporters Rebecca Forman present. Jury deliberations continued and concluded. A note from the jury marked as Court Exhibit # 8 "we have reached a verdict." Verdict read by foreperson indicating that the jury has found the all of the defendants guilty on all counts as charged in the Indictment (see Court Exhibit #9 Verdict Sheet). Jury polled; verdict is unanimous. The Court discharged the jury. Motion schedule set by court (see transcript). Pre-sentence investigation referrals are ordered as to all of the defendants. Date and time of sentencing(s) for the defendants are as follow: Alain Kaloyeros, 10/11/18 @ 2pm; Steven Aiello, 10/12/18 @ 2pm, Joseph Gerardi, 10/15/18 @ 2pm, Louis Ciminelli, 10/17/18 @ 2pm. Bail is continued as to all defendants. (jbo) (Entered: 07/13/2018)
7/12/2018 VERDICT FORM. as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. (ft) (Entered: 07/12/2018)
7/12/2018 JURY INSTRUCTIONS as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. (ft) (Entered: 07/12/2018)
7/11/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 7/11/2018. Jury trial continued and held. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten, Michael G. Scavelli, David B. Hirsh and Katherine M. Dubak. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Jonathan Concepcion and Sylvia Lee appeared on behalf of the U.S. Government. Court Reporters Rebecca Forman present. Jury deliberations begun. Trial adjourned until 7/12/18 @ 9:30am. Bail is continued as to all defendants. (jbo) (Entered: 07/12/2018)
7/11/2018ORDER as to Joseph Percoco: IT IS HEREBY ORDERED THAT: 1. Sentencing for Mr. Percoco is adjourned to August 10, 2018 at 2:00 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. 2. The deadline for disclosure of the final PSR will remain July 13, 2018. 3. The deadline for the Government's and Mr. Percoco's sentencing submissions is adjourned to July 18, 2018. (Sentencing set for 8/10/2018 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 7/11/2018) (lnl) (Entered: 07/11/2018)
7/10/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 7/10/2018. Jury trial continued and held. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten, Michael G. Scavelli, David B. Hirsh and Katherine M. Dubak. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Jonathan Concepcion and Sylvia Lee appeared on behalf of the U.S. Government. Court Reporters Rebecca Forman and Kristen Carannante present. Defense counsel rested. Government and defense counsel closing arguments concluded. Court's charge to the jury concluded. Trial adjourned until 7/11/18 @ 9:00am. Bail is continued as to all defendants. (jbo) (Entered: 07/11/2018)
7/9/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 7/9/2018. Jury trial continued and held. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten, Michael G. Scavelli, David B. Hirsh and Katherine M. Dubak. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Jonathan Concepcion and Sylvia Lee appeared on behalf of the U.S. Government. Court Reporters Rebecca Forman and Kristen Carannante present. Defense counsel rested. Government and defense counsel closing arguments begun. Trial adjourned until 7/10/18 @ 9:00am. Bail is continued as to all defendants. (jbo) (Entered: 07/10/2018)
7/8/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated 7/8/2018 re: Objections to Jury Charge . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 07/08/2018)
7/7/2018 LETTER by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli addressed to Judge Valerie E. Caproni from the Government dated July 7, 2018 re: Trial Indictment and Responses to Dkt. Nos. 778 and 779 Document filed by USA. (Attachments: # 1 Trial Indictment)(Zhou, David) (Entered: 07/07/2018)
7/6/2018 LETTER by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Paul Shechtman dated July 6, 2018 re: Constructive Amendment Document filed by Louis Ciminelli. (Shechtman, Paul) (Entered: 07/06/2018)
7/6/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Milton Williams dated July 6, 2018 re: False Statement Count . Document filed by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Williams, Milton) (Entered: 07/06/2018)
7/5/2018 LETTER by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli addressed to Judge Valerie E. Caproni from the Government dated July 5, 2018 re: Response to Dkt. Nos. 773, 774, 775, and 776 Document filed by USA. (Attachments: # 1 Exhibit A - Wires for Counts Two and Three)(Zhou, David) (Entered: 07/05/2018)
7/3/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated 7/3/2018 re: Requests re Jury Instructions . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 07/03/2018)
7/3/2018 LETTER by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Paul Shechtman dated July 3, 2018 re: Venue Charge Document filed by Louis Ciminelli. (Shechtman, Paul) (Entered: 07/03/2018)
7/3/2018ORDER as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli., as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli(Government Responses due by 7/5/2018) IT IS HEREBY ORDERED that the Governments deadline to respond is 2:00 p.m. on July 5, 2018. If the Government chooses to respond it must address why for purposes of Rule 18 of the Federal Rules of Criminal Procedure the offense may be defined to include interstate wire transmissions which the jury does not find to be a part of the essential elements of the offense. (Signed by Judge Valerie E. Caproni on 7/3/18)(jw) (Entered: 07/03/2018)
7/3/2018 LETTER by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Paul Shechtman dated July 3, 2018 re: Special Interrogatory Document filed by Louis Ciminelli. (Shechtman, Paul) (Entered: 07/03/2018)
7/3/2018 LETTER by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Paul Shechtman dated June 3, 2018 re: Proposed Jury Instruction and Venue Charge Document filed by Louis Ciminelli. (Attachments: # 1 Text of Proposed Order Proposed Re-Opening, # 2 Text of Proposed Order Proposed Venue Charge)(Shechtman, Paul) (Entered: 07/03/2018)
7/2/2018ORAL ORDER as to Alain Kaloyeros (2), Steven Aiello (4), Joseph Gerardi (5), Louis Ciminelli (6). Jury Trial set (adjourned until) for 7/9/2018 at 09:00 AM before Judge Valerie E. Caproni. (bw) (Entered: 07/03/2018)
7/2/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 7/2/2018. Jury trial continued and held. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten, Michael G. Scavelli, David B. Hirsh and Katherine M. Dubak. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Jonathan Concepcion and Sylvia Lee appeared on behalf of the U.S. Government. Court Reporters Rebecca Forman and Kristen Carannante present. The Government rested for a second time. Defense counsel renewed their motions pursuant to Rule 29, for a judgment of acquittal. The Court reserved its decision on counts 2 and 3 of the Indictment. Charge conference held. Trial adjourned until 7/9/18 at 9:00am. Bail is continued as to all defendants. (bw) (Entered: 07/03/2018)
7/2/2018MEMO ENDORSEMENT granting 768 LETTER MOTION filed by Joseph Percoco (1), addressed to Judge Valerie E. Caproni from Attorney Andrew D. Gladstein dated July 2, 2018 re: to Modify Joseph Percoco's Conditions of Release. We write to respectfully request that Mr. Percoco's bail conditions be modified to permit him to travel by car to Washington, DC and Charlottesville, Virginia during the month of July 2018. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/2/2018) (bw) (Entered: 07/02/2018)
7/2/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Peter Galbraith Kelly, Jr.. Notice is hereby given that an official transcript of a Plea proceeding held on 5/11/18 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: 07/02/2018)
7/2/2018TRANSCRIPT of Proceedings as to Peter Galbraith Kelly, Jr. re: Plea held on 5/11/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Thomas Murray, (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 7/23/2018. Redacted Transcript Deadline set for 8/2/2018. Release of Transcript Restriction set for 10/1/2018. (McGuirk, Kelly) (Entered: 07/02/2018)
7/2/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Andrew D. Gladstein dated July 2, 2018 re: to Modify Joseph Percoco's Conditions of Release . Document filed by Joseph Percoco. (Gladstein, Andrew) (Entered: 07/02/2018)
7/1/2018 LETTER by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli addressed to Judge Valerie E. Caproni from the Government dated July 1, 2018 re: Multiple Conspiracies Charge Document filed by USA. (Zhou, David) (Entered: 07/01/2018)
7/1/2018 LETTER by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli addressed to Judge Valerie E. Caproni from the Government dated July 1, 2018 Document filed by USA. (Podolsky, Matthew) (Entered: 07/01/2018)
6/30/2018 LETTER by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli addressed to Judge Valerie E. Caproni from the Government dated June 30, 2018 re: Government's Proof of Venue on Counts Two and Three Document filed by USA. (Zhou, David) (Entered: 06/30/2018)
6/30/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated 6/30/2018 re: Disclosure of Legal Instructions to the Grand Jury . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 06/30/2018)
6/30/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated 6/30/2018 re: Supplemental Argument in Support of Rule 29(a) Motion . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 06/30/2018)
6/30/2018 LETTER by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Milton L. Williams dated 06/30/2018 re: Venue Document filed by Joseph Gerardi. (Williams, Milton) (Entered: 06/30/2018)
6/30/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Scott W. Iseman dated 6/30/2018 re: To Dismiss Count Two, Preclude Gx 1119, S8 and strike the reading of S8 from the record . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit Gx 1185, # 2 Exhibit Verizon Phone Record Demonstrative, # 3 Exhibit August 15, 2013 State Fair Emails)(Iseman, Scott) (Entered: 06/30/2018)
6/30/2018 LETTER by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Paul Shechtman dated June 30, 2018 re: Venue Document filed by Louis Ciminelli. (Shechtman, Paul) (Entered: 06/30/2018)
6/29/2018 LETTER by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Paul Shechtman dated June 29, 2018 re: Additional Jury Instructions Document filed by Louis Ciminelli. (Shechtman, Paul) (Entered: 06/29/2018)
6/28/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 6/28/2018 ( Jury Trial set for 7/2/2018 at 09:00 AM before Judge Valerie E. Caproni.) Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten, Michael G. Scavelli, David B. Hirsh and Katherine M. Dubak. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Jonathan Concepcion and Sylvia Lee appeared on behalf of the U.S. Government. Court Reporters Rebecca Forman and Thomas Murray present. The Government rested. Defense counsel made a motion pursuant to Rule 29, for a judgment of acquittal. The Court reserved its decision. Defense counsels witness called for testimony. Trial adjourned until 7/2/18 at 9:00am. Bail is continued as to all defendants. (jw) (Entered: 07/02/2018)
6/28/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated 6/28/2018 re: NYS Procurement Guidelines for State Agencies . Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 06/28/2018)
6/27/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 6/27/2018. Jury trial continued and held. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten, Michael G. Scavelli, David B. Hirsh and Katherine M. Dubak. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Jonathan Concepcion and Sylvia Lee appeared on behalf of the U.S. Government. Court Reporters Rebecca Forman and Thomas Murray present. Government's witnesses called for testimony. Trial adjourned until 6/28/18 @ 10:00am. Bail is continued as to all defendants. (jbo) (Entered: 06/27/2018)
6/26/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 6/26/2018. Jury trial continued and held. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten, Michael G. Scavelli, David B. Hirsh and Katherine M. Dubak. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Jonathan Concepcion and Sylvia Lee appeared on behalf of the U.S. Government. Court Reporters Kristen Carannante, Tom Murray and Rebecca Forman present. Government's witnesses called for testimony. Trial adjourned until 6/27/18 @ 9:30am. Bail is continued as to all defendants. (jbo) (Entered: 06/27/2018)
6/26/2018 LETTER by Alain Kaloyeros addressed to Judge Valerie E. Caproni from Michael C. Miller dated 4/26/2018 re: Defense Theory Instruction (Miller, Michael) (Entered: 06/26/2018)
6/26/2018 LETTER by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Paul Shechtman dated June 26, 2018 re: Jury Instructions Document filed by Louis Ciminelli. (Shechtman, Paul) (Entered: 06/26/2018)
6/25/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 6/25/2018. Jury trial continued and held. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten, Michael G. Scavelli, David B. Hirsh and Katherine M. Dubak. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Jonathan Concepcion and Sylvia Lee appeared on behalf of the U.S. Government. Court Reporters Kristen Carannante, Tom Murray and Rebecca Forman present. Government's witnesses called for testimony. Trial adjourned until 6/26/18 at 9:30am. Bail is continued as to all defendants. (bw) (Entered: 06/26/2018)
6/25/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Kevin Schuler. IT IS HEREBY ORDERED that if any of the Defendants intend to submit requests to charge regarding a theory or theories of defense, they must do so by 5:00 p.m. on June 25, 2018. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/22/2018)(bw) (Entered: 06/25/2018)
6/24/2018 LETTER by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Paul Shechtman dated June 24, 2018 re: Venue Document filed by Louis Ciminelli. (Shechtman, Paul) (Entered: 06/24/2018)
6/24/2018 LETTER by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Paul Shechtman dated June 24, 2018 re: Right to Control Theory Document filed by Louis Ciminelli. (Shechtman, Paul) (Entered: 06/24/2018)
6/24/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Paul Shechtman dated Jue 24, 2018 re: Preclude Mr. Schuler from certain testimony. . Document filed by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Shechtman, Paul) (Entered: 06/24/2018)
6/24/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Paul Shechtman dated June 24, 2018 re: Preclude Mr. Bills and Mr. Balling from giving certain testimony. . Document filed by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Shechtman, Paul) (Entered: 06/24/2018)
6/23/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated June 23, 2018 re: Offering ESD and Verizon Stips into Evidence . Document filed by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. (Attachments: # 1 Exhibit ESD Stipulation, # 2 Exhibit Verizon Stipulation)(Zhou, David) (Entered: 06/23/2018)
6/22/2018INTERNET CITATION NOTE as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: Material from decision with Internet citation re: 487 Memorandum & Opinion. (Attachments: # 1 Internet Citation) (dnh) (Entered: 06/22/2018)
6/21/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 6/21/2018. Jury trial continued and held. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten, Michael G. Scavelli, David B. Hirsh and Katherine M. Dubak. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Jonathan Concepcion and Sylvia Lee appeared on behalf of the U.S. Government. Court Reporters Kristen Carannante and Anita Trombetta present. Government's witnesses called for testimony. Trial adjourned until 6/25/18 at 9:30am. Bail is continued as to all defendants. (bw) (Entered: 06/26/2018)
6/20/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 6/20/2018. Jury trial continued and held. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten, Michael G. Scavelli, David B. Hirsh and Katherine M. Dubak. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Jonathan Concepcion and Sylvia Lee appeared on behalf of the U.S. Government. Court Reporters Kristen Carannante and Anita Trombetta present. Government's witnesses called for testimony. Trial adjourned until 6/21/18 at 9:15am. Bail is continued as to all defendants. (bw) (Entered: 06/26/2018)
6/20/2018 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Robert L. Boone dated June 20, 2018 re: Objections to Emails re Government Witness Anthony Giattino Document filed by USA. (Boone, Robert) (Entered: 06/20/2018)
6/19/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 6/19/2018. Jury trial continued and held. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten, Michael G. Scavelli, David B. Hirsh and Katherine M. Dubak. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Jonathan Concepcion and Sylvia Lee appeared on behalf of the U.S. Government. Court Reporters Rebecca Foreman and Kristen Carannante present. Government's witnesses called for testimony. Trial adjourned until 6/20/18 @ 9:15am. Bail is continued as to all defendants. (jbo) (Entered: 06/21/2018)
6/19/2018NOTICE of Change of Address as to Louis Ciminelli. New Address: DLA Piper LLP (US), 1251 Avenue of the Annerica, New York, NY, 10020, (212) 335-4500. (Masella, Jessica) (Entered: 06/19/2018)
6/19/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey dated 6/19/18 re: Motion to preclude Gx 1501 . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Iseman, Scott) (Entered: 06/19/2018)
6/18/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 6/18/2018. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten, Michael G. Scavelli, David B. Hirsh and Katherine M. Dubak. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, FBI and Paralegals Jonathan Concepcion and Sylvia Lee appeared on behalf of the U.S. Government. Court Reporters Rebecca Foreman and Kristen Carannante present. Jury sworn and empaneled. Government and defense counsel opening statements begun and concluded. Trial adjourned until 6/19/1. Bail is continued as to all of the defendants. (jw) (Entered: 06/19/2018)
6/18/2018LETTER RESPONSE in Opposition by USA as to Alain Kaloyeros addressed to Judge Valerie E. Caproni from the Government dated June 18, 2018 re: 741 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated June 16, 2018 re: Motion to Exclude Testimony Regarding Email Setting Request.. (Zhou, David) (Entered: 06/18/2018)
6/18/2018LETTER RESPONSE in Opposition by USA as to Alain Kaloyeros addressed to Judge Valerie E. Caproni from the Government dated June 17, 2018 re: 742 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated June 17, 2018 re: Motion Preclude Reference in Opening Statements or to Adjourn.. (Zhou, David) (Entered: 06/18/2018)
6/18/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated June 17, 2018 re: Motion Preclude Reference in Opening Statements or to Adjourn. Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 06/18/2018)
6/18/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated June 16, 2018 re: Motion to Exclude Testimony Regarding Email Setting Request. Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 06/18/2018)
6/18/2018Proposed Jury Instructions by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 06/18/2018)
6/18/2018NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Alain Kaloyeros: Notice to Attorney Miller, Michael to RE-FILE Document 734 Request to Charge. Use the event type Proposed Jury Instructions found under the event list Trial Documents. (ka) (Entered: 06/18/2018)
6/17/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated June 17, 2018 re: Request to File Under Seal . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 06/17/2018)
6/17/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey dated 6/17/2018 re: Motion to preclude testimony of John Andrew Breuer . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Iseman, Scott) (Entered: 06/17/2018)
6/17/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey dated 6/17/2018 re: Motion to preclude evidence of payments to Howe . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Iseman, Scott) (Entered: 06/17/2018)
6/17/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey dated 6/17/2018 re: Request for a James Hearing . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Iseman, Scott) (Entered: 06/17/2018)
6/16/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated June 16, 2018 re: file under seal . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 06/16/2018)
6/15/2018ENDORSED LETTER as to Alain Kaloyeros addressed to Judge Valerie E. Caproni, from Michael C. Miller dated 6/15/2018 re: Defense counsel requests that the Court allow Dr. Kaloyeros' Counsel and legal team to enter the Daniel Patrick Moynihan courthouse through the loading dock entrance at 500 Pearl Street, New York, NY 10007, between June 18, 2018 and July 31, 2018. ENDORSEMENT: Application GRANTED as to June 18, 2018. The Court will address this issue further at trial on June 18, 2018. (Signed by Judge Valerie E. Caproni on 6/15/2018) (ap) (Entered: 06/18/2018)
6/15/2018 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Request To Charge by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) Modified on 6/18/2018 (ka). (Entered: 06/15/2018)
6/15/2018 LETTER by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli addressed to Judge Valerie E. Caproni from the Government dated June 15, 2018 re: Response to Ciminelli Letter Dkt. No. 727 Document filed by USA. (Zhou, David) (Entered: 06/15/2018)
6/15/2018 LETTER by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Stephen R. Coffey dated 6/15/2018 re: Request to charge Document filed by Steven Aiello. (Iseman, Scott) (Entered: 06/15/2018)
6/15/2018Request To Charge by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. (Podolsky, Matthew) (Entered: 06/15/2018)
6/15/2018 LETTER by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Paul Shechtman dated June 15, 2018 re: Jury Instruction Document filed by Louis Ciminelli. (Attachments: # 1 Supplement Proposed Instruction)(Shechtman, Paul) (Entered: 06/15/2018)
6/15/2018MEMO ENDORSEMENT as to Louis Ciminelli on re: 727 Letter, filed by Louis Ciminelli. ENDORSEMENT: By 9:00 p.m. on June 15, 2018, the Government must respond to Mr. Ciminelli's letter and inform the Court specifically whether it objects to the admissibility of the evidence contained in paragraphs 6 and 7 of Mr. Ciminelli's letter and other evidence of the hard-fought nature of the negotiations between FSMC and COR and LPCiminelli after the selection of COR and LPCiminelli as preferred developers. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/15/2018)(ft) (Entered: 06/15/2018)
6/15/2018 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 730 Letter) - LETTER by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Paul Shechtman dated June 15, 2018 re: Jury Instruction Document filed by Louis Ciminelli. (Shechtman, Paul) Modified on 6/15/2018 (db). (Entered: 06/15/2018)
6/15/2018 LETTER by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Paul Shechtman dated June 15, 2018 re: Fed. R. Evid. 103(a)(2) Document filed by Louis Ciminelli. (Shechtman, Paul) (Entered: 06/15/2018)
6/14/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. as to Kevin Schuler (8) denying 718 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey dated 6/10/2018 re: Dismiss Remaining Counts for lack of venue. Mr. Aiello's argument is indistinguishable from the venue argument made previously by the Buffalo Defendants and rejected by the Court on December 11, 2017, see Dkt. 390 at 29, and the venue allegations in the trial indictment are substantively identical to the venue allegations in the operative superseding indictment, compare S2 16-Cr-776 (VEC) (Dkt. 321) para. 26, with Trial Indictment (Dkt. 716 Ex. 1) para. 18. While Mr. Aiello disputes whether the Government can prove by a preponderance that the Defendants communicated with individuals in this district in furtherance of the charged conspiracy, that argument is better addressed to the jury. Accordingly, this motion is DENIED. (Signed by Judge Valerie E. Caproni on 6/14/2018) (ap) (Entered: 06/14/2018)
6/14/2018ORDER granting 711 Motion to Quash as to Alain Kaloyeros. On May 17, 2018, counsel for defendant Alain Kaloyeros served a subpoena duces tecum on the Metropolitan Correction Center in downtown Manhattan (the Subpoena, and the MCC, respectively). The Subpoena seeks documents and correspondence regarding visits, statements, monitored telephone conversations, emails, and other communications of Todd R. Howe, a cooperating witness who is detained at the MCC. See Dkt. 711 Ex. 1 at 3-4. The Subpoena demands the production of all such records in the MCCs possession. Dkt. 711 Ex. 1 at 2. Accordingly, it is HEREBY ORDERED that the Governments motion to quash is GRANTED. The Clerk of Court is respectfully requested to close the open motion at docket entry 711. SO ORDERED (Signed by Judge Valerie E. Caproni on 6/14/18) (jw) (Entered: 06/14/2018)
6/13/2018MEMO ENDORSEMENT as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler on re: 723 LETTER by Steven Aiello addressed to Judge Valerie E. Caproni from Stephen R. Coffey dated 6/12/18 re: Withdrawing Expert Witness The government's Daubert motion is denied as MOOT. as MOOT. The Defense's Daubert motion is denied as MOOT. The Government and Mr. Kaloyeros are directed to inform the Court of the status of their discussions regarding Mr. Kaloyeros's in limine motion to admit extrinsic evidence of Todd Howe's prior bad acts by 5:00 p.m. on June 15, 2018. If the parties are unable to reach a consensual resolution, the Court will hold a conference to resolve the issue before trial at 9:00 a.m. on June 18, 2018. (Status Conference set for 6/18/2018 at 09:00 AM before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 6/13/2018) (ap) (Entered: 06/13/2018)
6/12/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 6/12/2018. Jury Selection held and concluded on 6-12-18. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten and Michael G. Scavelli. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, FBI and Paralegals Jonathan Concepcion and Sylvia Lee appeared on behalf of the U.S. Government. Court Reporters Rebecca Forman, Kristen Carante and Elena Lynch present. Tweleve (12 ) jurors and four (4) alternates empaneled. Opening statements will commence on 6/18/18 at 9:30am in courtroom 26B. Bail is continued as to all of the defendants. (jbo) (Entered: 06/14/2018)
6/12/2018 LETTER by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Stephen R. Coffey dated 6/12/18 re: Withdrawing Expert Witness Document filed by Steven Aiello. (Iseman, Scott) (Entered: 06/12/2018)
6/12/2018MEMORANDUM in Opposition by Alain Kaloyeros re 711 MOTION to Quash Kaloyeros's Subpoena to the MCC.. (Miller, Michael) (Entered: 06/12/2018)
6/11/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Selection as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 6/11/2018. Jury selection adjourned until 6/12/18. Bail is continued as to all of the defendants (jw) (Entered: 06/13/2018)
6/11/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Voir Dire held on 6/11/2018 as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. Jury Selection held on 6-11-18. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten and Michael G. Scavelli. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou and Matthew Podolsky appeared on behalf of the U.S. Government. Court Reporter Rebecca Forman, Kristen Carante and Elena Lynch present. Prospective jurors sworn, Voir Dire begun; thirty(30) jurors qualified. Jury selection adjourned until 6/12/18. Bail is continued as to all of the defendants. (jw) (Entered: 06/13/2018)
6/11/2018LETTER RESPONSE in Opposition by USA as to Alain Kaloyeros, Steven Aiello addressed to Judge Valerie E. Caproni from the Government dated June 11, 2018 re: 715 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated June 8, 2018 re: Rule 806 Impeachment ., 718 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey dated 6/10/2018 re: Dismiss Remaining Counts for lack of venue .. (Zhou, David) (Entered: 06/11/2018)
6/11/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple. Notice is hereby given that an official transcript of a Conference proceeding held on 5/29/18 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: 06/11/2018)
6/11/2018TRANSCRIPT of Proceedings as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple re: Conference held on 5/29/18 before Judge Valerie E. Caproni. 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 7/2/2018. Redacted Transcript Deadline set for 7/12/2018. Release of Transcript Restriction set for 9/10/2018. (McGuirk, Kelly) (Entered: 06/11/2018)
6/10/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey dated 6/10/2018 re: Dismiss Remaining Counts for lack of venue . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Iseman, Scott) (Entered: 06/10/2018)
6/10/2018 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Robert L. Boone dated June 10, 2018 re: Government Expert Dr. George Harris Document filed by USA. (Boone, Robert) (Entered: 06/10/2018)
6/9/2018 LETTER by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli addressed to Judge Valerie E. Caproni from the Government dated June 9, 2018 re: Updated Trial Indictment Document filed by USA. (Attachments: # 1 Trial Indictment)(Zhou, David) (Entered: 06/09/2018)
6/8/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated June 8, 2018 re: Rule 806 Impeachment . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 06/08/2018)
6/7/2018ORDER granting 712 LETTER MOTION as to Alain Kaloyeros (2), Steven Aiello (4), Joseph Gerardi (5), Louis Ciminelli (6). IT IS HEREBY ORDERED THAT Courtroom Connect, a Southen District of New York contracted vendor, may provide the Government in United States v. Kaloyeros, et al., S2 16 Cr. 776 (VEC), with an Internet connectivity feed for the duration of the trial proceedings, set to begin on Monday, June 18, 2018. Courtroom Connect should make proper arrangements with the District Executive Office of the Court and the official court reporter. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/7/2018) (ft) (Entered: 06/08/2018)
6/7/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Kevin Schuler. IT IS HEREBY ORDERED that Mr. Kaloyeross deadline to file a response to the Governments motion to quash is 5:00 p.m. on June 11, 2018. Mr. Kaloyeross response should be no more than ten pages double-spaced. SO ORDERED. (Responses due by 6/11/2018) (Signed by Judge Valerie E. Caproni on 6/7/2018)(ft) (Entered: 06/07/2018)
6/7/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated June 7, 2018 re: Courtroom Connect . Document filed by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli. (Attachments: # 1 Text of Proposed Order)(Zhou, David) (Entered: 06/07/2018)
6/6/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Pretrial Conference as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli held on 6/6/2018. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten and Michael G. Scavelli. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman, Jessica A. Masella and Tim Hoover. AUSAs Robert Boone, David Zhou and Matthew Podolsky appeared on behalf of the U.S. Government. Court Reporter Karen Gorlawski and Elena Lynch present. The court went over its trial procedures with the parties.The government and defense counsel reviewed the jurors questionnaires for cause. The Court ruled on pretrial motions (see transcript). Jury Selection is set for 6/11/18 at 9:30am in courtroom 26B. A Daubert Hearing is scheduled for 6/13/18 at 10am in courtroom 443. Bail is continued as to all of the defendants. (Daubert Hearing set for 6/13/2018 at 10:00 AM, Jury Trial set for 6/11/2018 at 09:30 AM before Judge Valerie E. Caproni.) (jbo) (Entered: 06/07/2018)
6/6/2018 MOTION to Quash Kaloyeros's Subpoena to the MCC. Document filed by USA as to Alain Kaloyeros. (Attachments: # 1 Exhibit A)(Zhou, David) (Entered: 06/06/2018)
6/6/2018ORDER granting 709 LETTER MOTION as to Joseph Percoco (1). Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/6/2018) (ft) (Entered: 06/06/2018)
6/6/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Andrew D. Gladstein dated June 6, 2018 re: to Modify Joseph Percoco's Conditions of Release . Document filed by Joseph Percoco. (Gladstein, Andrew) (Entered: 06/06/2018)
6/5/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated June 5, 2018 re: Government's Discovery Obligations . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Miller, Michael) (Entered: 06/05/2018)
6/5/2018LETTER RESPONSE in Opposition by USA as to Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from the Government dated June 5, 2018 re: 702 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated June 4, 2018 re: Renew Severance .. (Zhou, David) (Entered: 06/05/2018)
6/5/2018 LETTER by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Paul Shechtman dated June 5, 2018 re: Response to the Government's June 1, 2018 Letter Document filed by Louis Ciminelli. (Shechtman, Paul) (Entered: 06/05/2018)
6/5/2018NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Steven Aiello: Notice to Attorney Boone, Robert to RE-FILE Document 703 Reply Memorandum of Law in Support of Motion. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 06/05/2018)
6/4/2018ENDORSED LETTER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from John Riley dated 6/1/2018 re: Request for documents. ENDORSEMENT: The Court will address this matter at the final pre-trial conference on June 6, 2018. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/4/2018)(ft) (Entered: 06/05/2018)
6/4/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated June 4, 2018 re: Reply to Government's Response to Motion in Limine to Preclude George Harris [ECF 667] and in Further Support of Motion to Preclude Policy Evidence [ECF 637] . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 06/04/2018)
6/4/2018 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REPLY MEMORANDUM OF LAW in Support by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler re: 668 LETTER MOTION addressed to Judge Valerie E. Caproni from Robert L. Boone dated May 21, 2018 re: Motion to Preclude Defense Experts . . (Attachments: # 1 Exhibit A)(Boone, Robert) Modified on 6/5/2018 (ka). (Entered: 06/04/2018)
6/4/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated June 4, 2018 re: Renew Severance . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Iseman, Scott) (Entered: 06/04/2018)
6/4/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated June 4, 2018 re: 688 Response in Opposition to Motion,,, re: Reply to Government's Response to Motion in Limine to Preclude George Harris . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit Exhibit "A")(Iseman, Scott) (Entered: 06/04/2018)
6/4/2018JOINT LETTER by Louis Ciminelli as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 06/04/2018 re: Suggestions as to Extreme Hardship Excusals Document filed by Louis Ciminelli. (Hoover, Timothy) (Entered: 06/04/2018)
6/4/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Peter Galbraith Kelly, Jr.. Notice is hereby given that an official transcript of a Plea proceeding held on 5/11/18 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: 06/04/2018)
6/4/2018TRANSCRIPT of Proceedings as to Peter Galbraith Kelly, Jr. re: Plea held on 5/11/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Thomas Murray, (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 6/25/2018. Redacted Transcript Deadline set for 7/5/2018. Release of Transcript Restriction set for 9/4/2018. (McGuirk, Kelly) (Entered: 06/04/2018)
6/4/2018LETTER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Arvin Ratra dated 05-09-2018 re: Impact of Percoco's Crime on the Population, Society and the Future. (bw) (Entered: 06/04/2018)
6/1/2018NOLLE PROSEQUI ENTERED as to Michael Laipple. Michael Laipple (7) Count 1,1s,1ss,4,4s,4ss,5,5s,5ss. SO ORDERED this 1st day of June 2018. (Signed by Judge Valerie E. Caproni on 6/1/2018)(bw) (Entered: 06/04/2018)
6/1/2018MEMO ENDORSEMENT as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple on re: 690 LETTER MOTION filed by USA addressed to Judge Valerie E. Caproni from the Government (AUSAs Robert Boone, David Zhou, Matthew Podolsky) dated June 1, 2018 re: Renewed Request for One-Week Adjournment. ENDORSEMENT: Application GRANTED IN PART. The Court will proceed with voir dire beginning at 10:00 a.m. on June 11, 2018. Opening statements will be adjourned to 9:30 a.m. on June 18, 2018. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/1/2018)(bw) (Entered: 06/04/2018)
6/1/2018JOINT LETTER by Louis Ciminelli as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 06/01/2018 re: For-cause challenges per the Court's Order Document filed by Louis Ciminelli. (Hoover, Timothy) (Entered: 06/01/2018)
6/1/2018NOLLE PROSEQUI entered as to Michael Laipple. (Zhou, David) (Entered: 06/01/2018)
6/1/2018 LETTER by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple addressed to Judge Valerie E. Caproni from the Government dated June 1, 2018 re: Wire Fraud Theory Document filed by USA. (Podolsky, Matthew) (Entered: 06/01/2018)
6/1/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Herbert L. Greenman, Esq. dated 6/1/2018 re: Asking the Court to consider our letter dated May 29, 2018 (document 686) as a supplement to our previous notice regarding a witness . Document filed by Michael Laipple. (Greenman, Herbert) (Entered: 06/01/2018)
6/1/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated June 1, 2018 re: Renewed Request for One-Week Adjournment . Document filed by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple. (Zhou, David) (Entered: 06/01/2018)
5/31/2018ORDER denying 673 LETTER MOTION as to Joseph Percoco (1), Alain Kaloyeros (2), Peter Galbraith Kelly, Jr. (3), Steven Aiello (4), Joseph Gerardi (5), Louis Ciminelli (6), Michael Laipple (7), Kevin Schuler (8). Application DENIED. Mr. Kaloyeros will have the opportunity to address the Government's arguments on the record at the June 6, 2018 conference. A written reply is unnecessary. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/31/2018) (ft) (Entered: 05/31/2018)
5/29/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple held on 5/29/2018. Defendant Alain Kaloyeros appeared with his attorneys Michael C. Miller, Reid Weingarten and Michael G. Scavelli. Defendant Steven Aiello appeared with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela A. Nichols. Defendant Joseph Gerardi appeared with his attorneys Milton Williams, Jr., Avni P. Patel and Jacob S. Gardner. Defendant Louis Ciminelli appeared with his attorneys Paul L. Shechtman and Jessica A. Masella. Defendant Michael Laipple appeared with his attorney Herbert L. Greenman. AUSAs Robert Boone, David Zhou and Matthew Podolsky appeared on behalf of the U.S. Government. Court Reporter Eve Giniger present. Bail continued as to all of the defendants as previously set. (jw) (Entered: 06/06/2018)
5/29/2018LETTER RESPONSE in Opposition by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Robert L. Boone dated May 29, 2018 re: 669 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated May 21, 2018 re: preclude testimony of Government's rebuttal witness, George Harris ., 667 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated May 21, 2018 re: Preclude Rebuttal Expert ., 666 LETTER MOTION addressed to Judge Valerie E. Caproni from Herbert L. Greenman, Esq. dated May 21, 2018 re: Mr. Laipple's Motion to Preclude .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Boone, Robert) (Entered: 05/29/2018)
5/29/2018LETTER RESPONSE to Motion by Steven Aiello addressed to Judge Valerie E. Caproni from STEPHEN R. COFFEY dated 5/29/2018 re: 668 LETTER MOTION addressed to Judge Valerie E. Caproni from Robert L. Boone dated May 21, 2018 re: Motion to Preclude Defense Experts .. (Iseman, Scott) (Entered: 05/29/2018)
5/29/2018LETTER RESPONSE in Opposition by Michael Laipple addressed to Judge Valerie E. Caproni from Herbert L. Greenman dated May 29, 2018 re: 668 LETTER MOTION addressed to Judge Valerie E. Caproni from Robert L. Boone dated May 21, 2018 re: Motion to Preclude Defense Experts .. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Greenman, Herbert) (Entered: 05/29/2018)
5/29/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. Attached as Exhibit A is the final form of the Court's written juror questionnaire. IT IS HEREBY ORDERED that the parties are directed to follow the procedures for administration of the questionnaire and submission of for-cause strikes provided by the Court at docket entry 674. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/28/2018)(bw) (Entered: 05/29/2018)
5/25/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kevin Schuler. Notice is hereby given that an official transcript of a Plea proceeding held on 5/18/18 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: 05/25/2018)
5/25/2018TRANSCRIPT of Proceedings as to Kevin Schuler re: Plea held on 5/18/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Anita Trombetta, (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 6/15/2018. Redacted Transcript Deadline set for 6/25/2018. Release of Transcript Restriction set for 8/23/2018. (McGuirk, Kelly) (Entered: 05/25/2018)
5/25/2018 LETTER by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple addressed to Judge Valerie E. Caproni from the Government dated May 25, 2018 re: Trial Indictment Document filed by USA. (Attachments: # 1 Trial Indictment)(Zhou, David) (Entered: 05/25/2018)
5/25/2018ORDER denying 679 LETTER MOTION as to Michael Laipple (7). Application DENIED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/25/2018) (ft) (Entered: 05/25/2018)
5/25/2018ORDER denying 678 LETTER MOTION as to Joseph Percoco (1), Alain Kaloyeros (2), Peter Galbraith Kelly, Jr. (3), Steven Aiello (4), Joseph Gerardi (5), Louis Ciminelli (6), Michael Laipple (7), Kevin Schuler (8). Application DENIED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/25/2018) (ft) (Entered: 05/25/2018)
5/25/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Herbert L. Greenman, Esq. dated May 25, 2018 re: Respectfully requesting that defendant Michael Laipple be excused from conference scheduled for May 29, 2018 . Document filed by Michael Laipple. (Greenman, Herbert) (Entered: 05/25/2018)
5/25/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated May 25, 2018 re: 677 Order on Letter Motion,,, re: that defendant Steven Aiello be excused from appearing for May 29, 2018 conference . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Coffey, Stephen) (Entered: 05/25/2018)
5/25/2018Set/Reset Hearings as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: Status Conference set for 5/29/2018 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (ap) (Entered: 05/25/2018)
5/25/2018ORDER with respect to 675 LETTER MOTION as to Joseph Percoco (1), Peter Galbraith Kelly, Jr. (3), Joseph Gerardi (5), Kevin Schuler (8); to Alain Kaloyeros (2), Steven Aiello (4), Louis Ciminelli (6), Michael Laipple (7). The parties are directed to appear for a conference with the Court in Courtroom 443 at 2:00 p.m. on May 29,2018. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/25/2018) (ap) (Entered: 05/25/2018)
5/25/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated May 25, 2018 re: 675 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated May 24, 2018 re: Adjournment Request . re: deny the Government's request for an adjournment of the trial . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Coffey, Stephen) (Entered: 05/25/2018)
5/24/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated May 24, 2018 re: Adjournment Request . Document filed by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple. (Attachments: # 1 Exhibit A)(Podolsky, Matthew) (Entered: 05/24/2018)
5/24/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. IT IS HEREBY ORDERED that no later than noon on May 25, 2018, the parties mustinsert into the written questionnaire the names of individuals and entities that will be mentioned at trial and resubmit the questionnaire to the Court. The Court will post a finalized questionnaire via ECF. IT IS FURTHER ORDERED that by no later than 3:00 p.m. on May 29, 2018, the Government must make at least 130 copies of the final questionnaire posted by the Court and deliver them to the Jury Clerk. Once the questionnaires have been completed by the jury pool, the Government must duplicate them, delivering the originals plus two copies to the Court (in juror-number order) and delivering an agreed-upon number of copies to the Defendants. No later than 5:00 p.m. on June 1, 2018, the parties must submit to the Court a joint list of for-cause challenges based on the jurors responses to the questionnaires. The parties must submit a single document that lists the challenges on which the parties agree and those on which they do not agree.The Court will address any disputed challenges for cause at the final pre-trial conference on June 6, 2018. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/24/2018)(ft) (Entered: 05/24/2018)
5/24/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated May 24, 2018 re: Request for Leave to File Reply . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 05/24/2018)
5/23/2018 LETTER by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Michael C. Miller dated May 23, 2018 re: Juror Questionnaire Document filed by Alain Kaloyeros. (Attachments: # 1 Juror Questionnaire Redline)(Miller, Michael) (Entered: 05/23/2018)
5/23/2018 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Robert L. Boone dated May 23, 2018 re: Jury Questionnaire Document filed by USA. (Boone, Robert) (Entered: 05/23/2018)
5/22/2018Set/Reset Deadlines/Hearings as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: Status Conference set for 5/25/2018 at 03:00 PM in Courtroom 318, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (ft) (Entered: 05/22/2018)
5/22/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. IT IS HEREBY ORDERED that any proposed changes to the Courts proposed questionnaire are due by 5:00 p.m. on May 23, 2018. IT IS FURTHER ORDERED that if the Court determines that a conference is necessary to address the parties comments to the proposed questionnaire, that conference will be in Courtroom 318 at 3:00 p.m. on May 25, 2018. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/22/2018)(ft) Modified on 5/22/2018 (ft). (Entered: 05/22/2018)
5/22/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated May 21, 2018 re: preclude testimony of Government's rebuttal witness, George Harris . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit Exhibit "A", # 2 Exhibit Exhibit "B", # 3 Exhibit Exhibit "C")(Coffey, Stephen) (Entered: 05/22/2018)
5/22/2018NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Steven Aiello: Notice to Attorney Coffey, Stephen to RE-FILE Document 665 MOTION to Preclude. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 05/22/2018)
5/21/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Robert L. Boone dated May 21, 2018 re: Motion to Preclude Defense Experts . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Boone, Robert) (Entered: 05/21/2018)
5/21/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated May 21, 2018 re: Preclude Rebuttal Expert . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Miller, Michael) (Entered: 05/21/2018)
5/21/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Herbert L. Greenman, Esq. dated May 21, 2018 re: Mr. Laipple's Motion to Preclude . Document filed by Michael Laipple. (Attachments: # 1 Exhibit A, B, C)(Greenman, Herbert) (Entered: 05/21/2018)
5/21/2018 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Preclude . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit Exhibit "A", # 2 Exhibit Exhibit "B", # 3 Exhibit Exhibit "C")(Coffey, Stephen) Modified on 5/22/2018 (ka). (Entered: 05/21/2018)
5/18/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Plea entered by Kevin Schuler (8) Guilty as to Count 1ss,4ss. (ap) (Entered: 05/21/2018)
5/18/2018Set/Reset Hearings as to Kevin Schuler: Sentencing set for 8/2/2018 at 04:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (ap) Modified on 5/23/2018 (ap). (Entered: 05/21/2018)
5/18/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Change of Plea Hearing as to Kevin Schuler held on 5/18/2018. Defendant Kevin Schuler appeared with his attorneys Terrence M. Connors and Caitlin Higgins. AUSAs Robert Boone, David Zhou and Matthew Podolsky appeared on behalf of the U.S. Government. Court Reporter Anita Trobetta present. The Court advised the defendant of his rights. Defendant Kevin Schuler withdraws his previously entered plea of not guilty and now pleads guilty to counts 1 and 4 of the Indictment. PSI delayed. A control date for sentencing is set for 8/2/18 @ 4pm before Judge Caproni in courtroom # 443. Bail continued for the defendant. (ap) Modified on 5/23/2018 (ap). (Entered: 05/21/2018)
5/18/2018ORDER FOR ADMISSIONPRO HAC VICE granting 649 Motion for Caitlin M. Higgins to Appear Pro Hac Vice as to Kevin Schuler (8). (Signed by Judge Valerie E. Caproni on 5/18/2018) (lnl) (Entered: 05/21/2018)
5/18/2018LETTER RESPONSE in Opposition by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple addressed to Judge Valerie E. Caproni from the Government dated May 18, 2018 re: 636 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated April 25, 2018 re: Filing Under Seal ., 631 LETTER MOTION addressed to Judge Valerie E. Caproni from Paul Shechtman dated April 25, 2018 re: Precluding the government from utilizing certain arguments and in opposition of the governments request to offer 404(b) evidence. ., 628 LETTER MOTION addressed to Judge Valerie E. Caproni from Milton Williams dated April 24, 2018 re: Mr. Gerardi's motion in limine to introduce facts and evidence in reference to Mr. Gerardi's acquittal in the January Trial ., 632 LETTER MOTION addressed to Judge Valerie E. Caproni from Herbert L. Greenman, Esq. dated April 25, 2018 re: Mr. Laipple's Motion in Limine to Exclude 404(b) Evidence ., 634 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated April 25, 2018 re: preclude campaign contribution evidence ., 627 LETTER MOTION addressed to Judge Valerie E. Caproni from Milton Williams dated April 24, 2018 re: Motion in limine to exclude 404(b) evidence .. (Zhou, David) (Entered: 05/18/2018)
5/18/2018 LETTER by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Michael C. Miller dated May 18, 2018 re: Joint Proposed Jury Questionnaire Document filed by Alain Kaloyeros. (Attachments: # 1 Joint Proposed Jury Questionnaire)(Miller, Michael) (Entered: 05/18/2018)
5/18/2018LETTER RESPONSE in Opposition by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Michael C. Miller dated May 18, 2018 re: 635 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated April 25, 2018 re: Motions in Limine .. (Miller, Michael) (Entered: 05/18/2018)
5/18/2018 LETTER by Louis Ciminelli as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Jessica A. Masella dated May 18, 2018 re: Peremptory Challenges During Jury Selection Document filed by Louis Ciminelli. (Masella, Jessica) (Entered: 05/18/2018)
5/18/2018ENDORSED LETTER as to Kevin Schuler addressed to Judge Valerie E. Caproni from Matthew Podolsky dated 5/18/18 re: Schedule Change of Plea Hearing....ENDORSEMENT: It is hereby ORDERED that the Court will hold a change of plea hearing in respect of Mr Schuler at 3:30pm on May 18, 2018( Change of Plea Hearing set for 5/18/2018 at 03:30 PM before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 5/18/18)(jw) (Entered: 05/18/2018)
5/18/2018 LETTER by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated May 18, 2018 re: Government's motion in limine Document filed by Steven Aiello. (Coffey, Stephen) (Entered: 05/18/2018)
5/15/2018LETTER RESPONSE to Motion by Steven Aiello, Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Milton Williams dated May 15, 2018 re: 635 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated April 25, 2018 re: Motions in Limine .. (Attachments: # 1 Exhibit Government Motion in Limine, # 2 Exhibit January Response to Government Motion in Limine, # 3 Exhibit Dec. 13., 2017 Conf. Tr., 108, # 4 Exhibit Joseph Gerardi's Motion in Limine)(Williams, Milton) (Entered: 05/15/2018)
5/15/2018LETTER RESPONSE to Motion by Louis Ciminelli, Michael Laipple, Kevin Schuler as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Paul Shechtman dated May 15, 2018 re: 635 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated April 25, 2018 re: Motions in Limine .. (Shechtman, Paul) (Entered: 05/15/2018)
5/14/2018ORDER as to (16-Cr-776-03) Peter Galbraith Kelly, Jr. WHEREAS on May 11, 2018 (Dkts. 652, 653), Defendant Kelly waived indictment and entered a plea of guilty to a Superseding Information (marked S3); and WHEREAS on May 11, 2018, the Court accepted Kelly's plea of guilty; IT IS HEREBY ORDERED that sentencing for Kelly will take place on September 28, 2018 at 2:00 p.m. in Courtroom 443, Thurgood Marshall U.S. Courthouse. Sentencing submissions must be filed by September 21, 2018. All bail conditions are continued. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/14/2018)(bw) (Entered: 05/14/2018)
5/14/2018Set/Reset Deadlines/Hearings as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: Motions to preclude expert witnesses due by 5/21/2018. Replies due by 6/4/2018. Opposition due by 5/29/2018. (jw) (Entered: 05/14/2018)
5/14/2018MEMO ENDORSEMENT 651 LETTER MOTION The Government requests that a jury questionnaire not be used in the June Trial...ENDORSEMENT...The Court intends to use a written jury questionnaire in connection with voir dire. This case presents substantially the same circumstances as the January trial, involving multiple defendants and a large number of prospective jurors, and relatively high-profile allegations of corruption. The parties deadline to jointly submit a proposed questionnaire is May 18, 2018. The following schedule shall apply to the parties Daubert motions: Motions to preclude expert witnesses are due by May 21, 2018, oppositions to motions to preclude are due by May 29, 2018; replies are due by June 4, 2018; replies are due by. (Signed by Judge Valerie E. Caproni on 5/14/18) (jw) (Entered: 05/14/2018)
5/13/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Robert L. Boone dated May 13, 2018 re: Jury Questionnaire . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Boone, Robert) (Entered: 05/13/2018)
5/11/2018Set/Reset Hearings as to Peter Galbraith Kelly, Jr.: Sentencing set for 9/28/2018 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (lnl) (Entered: 05/14/2018)
5/11/2018Oral Order of Referral to Probation for Presentence Investigation and Report as to Peter Galbraith Kelly, Jr. (Signed by Judge Valerie E. Caproni on 5/11/2018) (lnl) (Entered: 05/14/2018)
5/11/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Plea entered by Peter Galbraith Kelly, Jr. (3) Guilty as to Count 1sss. (lnl) (Entered: 05/14/2018)
5/11/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Change of Plea Hearing as to Peter Galbraith Kelly, Jr. held on 5/11/2018. Defendant Peter G. Kelly present with his attorneys Daniel Gitner, Jun Xiang, Rachel S. Berkowitz, Samantha J. Reitz. AUSAs Robert L. Boone, Janis Echenberg, David Zhou and Matthew D. Poldosky. Court Reporter Thomas Murray and Eve Giniger present. (S3) Waiver of Indictment and Information filed by U.S.A. Defendant Peter G. Kelly withdraws his previously entered plea of not guilty and now pleads guilty to count 1 of S3 Information. PSI ordered. Sentencing set for 9-28-18 @ 2pm before Judge Caproni in courtroom # 443. Bail continued for the defendant as previously set. (lnl) (Entered: 05/14/2018)
5/11/2018WAIVER OF INDICTMENT by Peter Galbraith Kelly, Jr. (bw) (Entered: 05/14/2018)
5/11/2018(S3) SUPERSEDING INFORMATION (Felony) filed as to Peter Galbraith Kelly, Jr. (3) count(s) 1sss. (bw) (Entered: 05/14/2018)
5/11/2018 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Robert L. Boone dated May 11, 2018 re: Jury Questionnaire/Expert Testimony Document filed by USA. (Boone, Robert) (Entered: 05/11/2018)
5/11/2018>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 649 MOTION for Caitlin Marie Higgins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15058502. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 05/11/2018)
5/11/2018 MOTION for Caitlin Marie Higgins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15058502. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Schuler as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Text of Proposed Order)(Higgins, Caitlin) (Entered: 05/11/2018)
5/10/2018MEMORANDUM OPINION AND ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. The Court is mindful that, if this decision is not correct, and assuming that the jury had accepted the Governments theory that Percoco wielded de facto power, the Government has been deprived of an opportunity to appeal. That appeal could have given the Second Circuit an opportunity to clarify an important issue affecting the prosecution of public corruption. But when the overwhelming authority holds that the conduct charged is, quite simply, not a crime, the defendant cannot be put in jeopardy and is entitled to a judgment of acquittal. For all the foregoing reasons, the Court entered a judgment of acquittal as to Count Eight of the Second Superseding Indictment. See Order (Feb. 28, 2018), Dkt. 515; Tr. 5757. In addition, as discussed in note 7, supra, whereas the Court reserved decision on theRule 29(a) motions that the January Defendants made at the close of the Governments case, Tr. 5141, those motions are now DENIED. There was more than sufficient evidence presented as to every count that was sent to the jury. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/10/2018)(ft) (Entered: 05/10/2018)
5/3/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: IT IS HEREBY ORDERED that by May 11, 2018, the June Defendants and the Government (together, the "Parties") must inform the Court whether they request the use of a written juror questionnaire in connection with the June Trial. In the event the Parties request use of a written juror questionnaire they should be prepared to review questionnaire responses and submit challenges for cause in advance of the Parties' final pre-trial conference, see supra. IT IS FURTHER ORDERED that by May 11, 2018, the Parties must notify the Court if they intend to file any motions to preclude any expert witnesses. IT IS FURTHER ORDERED that, assuming the Parties request the use of a written juror questionnaire, they must confer and submit a joint proposed juror questionnaire by May 18, 2018. The Parties' proposed questionnaire must be filed via ECF and submitted to the Court in both PDF and Microsoft Word format. The Parties are encouraged to rely on the juror questionnaires used by this Court in the previous trial in this matter and in United States v. Silver, 15 Cr. 93 (VEC). IT IS FURTHER ORDERED that by May 18, 2018, the Parties must submit any requests for extra peremptory strikes. IT IS FURTHER ORDERED that by May 25, 2018, the Government must submit a redacted, trial indictment to the June Defendants and to the Court. IT IS FURTHER ORDERED that no later than June 4, 2018, the Parties must submit to the Court their exhibit lists and copies of exhibits they intend to use in their cases-in-chief. The exhibits must be submitted electronically (in the format most convenient for the Parties) and in tabbed, hard-copy binders containing indexes. The exhibit lists must be submitted in both.pdf and Microsoft Word format. Each exhibit list must be a chart with four columns labeled: "Exhibit Number," "Document Description," "Identified," and "Admitted" (with the last two columns left blank). IT IS FURTHER ORDERED that no later than June 4, 2018, the Government must produce to the Court the § 3500 and Giglio materials for the witnesses it intends to call in its case-in-chief. The Government must do so electronically (in the format most convenient) and in tabbed, hard-copy binders with an index. IT IS FURTHER ORDERED that no later than June 4, 2018, the Government must submit to the Court a complete witness list for its case-in-chief. IT IS FURTHER ORDERED that the Court will hold a final pre-trial conference at 10:00 a.m. on June 6, 2018 in Courtroom 318. The Parties are directed to reserve their availability on June 7, 2018 for further conferences with the Court, if necessary. IT IS FURTHER ORDERED that the Parties' proposed Requests to Charge are due by June 11, 2018. SO ORDERED. (Final Pretrial Conference set for 6/6/2018 at 10:00 AM in Courtroom 318, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 5/3/2018) (lnl) (Entered: 05/04/2018)
5/3/2018ORDER denying 645 LETTER MOTION as to Joseph Percoco (1). Request DENIED. The July 20, 2018 sentencing for Defendant Percoco will proceed as scheduled. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/3/2018) (ft) (Entered: 05/03/2018)
5/3/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated May 3, 2018 re: that Percoco sentencing be scheduled for a date after the June trial has completed . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Coffey, Stephen) (Entered: 05/03/2018)
5/2/2018ENDORSED LETTER as to Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner, dated 5/2/2018, re: Counsel writes to request that the hearing currently scheduled for May 4, 2018 be adjourned to Friday, May 11, 2018 at 4:30 p.m. and that the deadline for providing the Court with a copy of the superseding information and the plea agreement be adjourned to Tuesday, May 8, 2018. The Government consents to the requested adjournment. ENDORSEMENT: Application GRANTED. The May 4, 2018 conference (see Dkt. 639) is adjourned to May 11, 2018 at 4:30 p.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse. The deadline for the Government to email the plea agreement and superseding information to the Court is adjourned to May 8, 2018. For the reasons stated in Dkt. 639, time is excluded under the Speedy Trial Act from May 4, 2018 through May 11, 2018. (Status Conference set for 5/11/2018 at 04:30 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 5/2/2018) (lnl) (Entered: 05/03/2018)
5/2/2018Set/Reset Deadlines/Hearings as to Joseph Percoco: Sentencing set for 7/20/2018 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni (jw) (Entered: 05/02/2018)
5/2/2018MEMO ENDORSEMENT granting 642 LETTER MOTION Reschedule Sentencing as to Joseph Percoco...ENDORSEMENT..Sentencing for Defendant Percoco is adjourned to July 20, 2018 at 2:00pm, Courtroom 443, Thurgood Marshall US Courthouse. Sentencing submissions must be filed by July 13, 2018. The applicable scheduled for the Presentence Report is adjourned in accordance with this sentence date. SO ORDERED (Signed by Judge Valerie E. Caproni on 5/2/18) (jw) (Entered: 05/02/2018)
5/1/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated May 1, 2018 re: Sentencing Adjournment . Document filed by Joseph Percoco. (Bohrer, Barry) (Entered: 05/01/2018)
4/30/2018MEMO ENDORSEMENT as to Peter Galbraith Kelly, Jr. (3) granting 640 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 4/30/18. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/30/2018) (lnl) (Entered: 05/01/2018)
4/30/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 4/30/18 re: 639 Endorsed Letter, Set Deadlines/Hearings,,,,,,,, re: Adjournment of deadline to send plea paperwork to Court . Document filed by USA as to Peter Galbraith Kelly, Jr.. (Echenberg, Janis) (Entered: 04/30/2018)
4/26/2018ENDORSED LETTER as to (S2-16-Cr-776-03) Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Attorney Daniel M. Gitner dated April 25, 2018 re: We respectfully submit this letter on behalf of Peter Galbraith Kelly, Jr., to request a hearing for a disposition on a superseding information on Friday, May 4, 2018 at 4:00 p.m. ENDORSEMENT: Application GRANTED. The Government must email the superseding information and plea agreement to the Court by May 1, 2018. The Government and Mr. Kelly must attend a conference on May 4, 2018 at 4:00 p.m., Courtroom 443, Thurgood Marshall U.S. Courthouse, for a waiver of indictment, arraignment on the superseding information, and plea hearing. Pursuant to 18 U.S.C. § 3161(h)(7)(A), time is excluded under the Speedy Trial Act between April 25, 2018 and May 4, 2018. The Court finds that the interests of justice outweigh the interests of the Defendant and of the public in a speedy trial because of the complexity of this case and the possibility of resolving it without a retrial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/26/2018)(bw) (Entered: 04/26/2018)
4/25/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Terrence M. Connors dated April 25, 2018 re: Mr. Schuler's motion in limine re: 404(b) . Document filed by Kevin Schuler as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Connors, Terrence) (Entered: 04/25/2018)
4/25/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated April 25, 2018 re: Motion in Limine . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miller, Michael) (Entered: 04/25/2018)
4/25/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated April 25, 2018 re: Filing Under Seal . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 04/25/2018)
4/25/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated April 25, 2018 re: Motions in Limine . Document filed by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Zhou, David) (Entered: 04/25/2018)
4/25/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated April 25, 2018 re: preclude campaign contribution evidence . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Coffey, Stephen) (Entered: 04/25/2018)
4/25/2018MEMO ENDORSEMENT as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler on re: 629 LETTER MOTION filed by Joseph Gerardi addressed to Judge Valerie E. Caproni from Attorney Milton Williams dated April 24, 2018 re: Mr. Gerardi's request to renew his motion to dismiss the Superseding Indictment. ENDORSEMENT: Insofar as the Court has already ruled on this issue and Mr. Gerardi has presented absolutely no new arguments or facts to support his "renewed" motion, that motion is DENIED for the reasons stated by the Court in its opinion and order on the Defendants' motions to dismiss, Dkt. 390 at 46-47. To the extent Gerardi's renewed motion is construed as a renewed motion to exclude evidence, see Dkt. 371 at 1-2 (Gerardi arguing that the proffer statements must be excluded on the basis of prosecutorial misconduct), that motion is also DENIED for the reasons stated by the Court on the record at the December 13, 2017 pre-trial conference. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/25/2018)(bw) (Entered: 04/25/2018)
4/25/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Herbert L. Greenman, Esq. dated April 25, 2018 re: Mr. Laipple's Motion in Limine to Exclude 404(b) Evidence . Document filed by Michael Laipple. (Attachments: # 1 Exhibit A)(Greenman, Herbert) (Entered: 04/25/2018)
4/25/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Paul Shechtman dated April 25, 2018 re: Precluding the government from utilizing certain arguments and in opposition of the governments request to offer 404(b) evidence. . Document filed by Louis Ciminelli, Michael Laipple, Kevin Schuler as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Shechtman, Paul) (Entered: 04/25/2018)
4/24/2018NOTICE OF ATTORNEY APPEARANCE: Spencer Leeds Durland appearing for Louis Ciminelli. Appearance Type: Retained. (Durland, Spencer) (Entered: 04/24/2018)
4/24/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Milton Williams dated April 24, 2018 re: Mr. Gerardi's request to renew his motion to dismiss the Superseding Indictment . Document filed by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit A - Docket No. 237)(Williams, Milton) (Entered: 04/24/2018)
4/24/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Milton Williams dated April 24, 2018 re: Mr. Gerardi's motion in limine to introduce facts and evidence in reference to Mr. Gerardi's acquittal in the January Trial . Document filed by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit A - Docket No. 264)(Williams, Milton) (Entered: 04/24/2018)
4/24/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Milton Williams dated April 24, 2018 re: Motion in limine to exclude 404(b) evidence . Document filed by Steven Aiello, Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit A - 404(b) Notice, # 2 Exhibit B - Docket No. 279, # 3 Exhibit C - Docket No. 264, # 4 Exhibit D - Docket No. 350, # 5 Exhibit E - 12/13/2017 Tr. 104)(Williams, Milton) (Entered: 04/24/2018)
4/23/2018PROTECTIVE ORDER FOR 3500 MATERIAL as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler....[See this Protective Order For 3500 Material]... WHEREAS, ALAIN KALOYEROS, STEVEN AIELLO, JOSEPH GERARDI, LOUIS CIMINELLI, MICHAEL LAIPPLE, KEVIN SCHULER, the defendants, and their attorneys consent to the entry of this Order; IT IS HEREBY ORDERED THAT: 1. Copies of the 3500 Material produced by the Government in the instant action in relation to the trial that is scheduled to begin on June 11, 2018 (hereinafter, the "June Trial") shall bear stamps with numbers beginning with the numbers 35 __ __ or shall be produced within an electronic folder identified as 3500 Material as defined above. 2. The 3500 Material disclosed to the defendants or to their counsel in relation to the June Trial: (a) Shall be kept in the possession of the defendants or their counsel, and shall not be distributed or disclosed to others except as set forth in paragraph 2(b) below; and (b) May be disclosed by the defendants' counsel only to persons with whom defense counsel is working, formally or informally, on the defense of the June Trial, including the following persons (hereinafter, "Designated Persons"):...[See this Protective Order For 3500 Material]... 4. The defendants and their counsel shall provide a copy of this Order to Designated Persons to whom the 3500 Material is disclosed pursuant to paragraph 2(b). Designated Persons shall be subject to the terms of this Order. 5. The provisions of this Order shall not be construed as preventing the disclosure of any information in relation to the proceedings of the June Trial, including in any motion, hearing, or sentencing proceeding held in relation to the June Trial, to the extent personal identifying information and other law-enforcement-sensitive information is redacted, in consultation with the Government. 6. The restrictions on the use of 3500 material, other than the requirement that the Defendants, their counsel, and Designated Persons protect personally-identifiable information, are null (a) if the witness to whom the material relates previously testified during the trial under this caption that began on January 22, 2018, or (b) as soon as the witness to whom the material relates has testified on direct examination during the June Trial. SO ORDERED: (Signed by Judge Valerie E. Caproni on 4/23/2018)(bw) (Entered: 04/23/2018)
4/20/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated April 20, 2018 re: Proposed Protective Order . Document filed by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Text of Proposed Order)(Podolsky, Matthew) (Entered: 04/20/2018)
4/19/2018NOTICE OF ATTORNEY APPEARANCE: Jacob Samuel Gardener appearing for Joseph Gerardi. Appearance Type: Retained. (Gardener, Jacob) (Entered: 04/19/2018)
4/16/2018MEMO ENDORSEMENT LETTER MOTION as to Joseph Percoco (1), Alain Kaloyeros (2), Peter Galbraith Kelly, Jr. (3), Steven Aiello (4), Joseph Gerardi (5), Louis Ciminelli (6), Michael Laipple (7), Kevin Schuler (8)granting 622 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated April 13, 2018 re: Scheduling. ENDORSEMENT: Application GRANTED. The Court shares the Defendants' concern as to the "tight fit" in Courtroom 443 and has already reserved a larger courtroom, Courtroom 318, for the duration of the trial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/16/2018) (lnl) (Entered: 04/16/2018)
4/13/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated April 13, 2018 re: Scheduling . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 04/13/2018)
4/13/2018MEMO ENDORSEMENT as to Alain Kaloyeros on 619 LETTER by USA as to Alain Kaloyeros addressed to Judge Valerie E. Caproni from the Government dated April 11, 2018 re: Kaloyeros Motion to Suppress iPhone Forensic Image. ENDORSEMENT: In light of the Government's representation that it does not intend to introduce any evidence obtained or derived from the Forensic Image, defendant Kaloyeros's motion to suppress such evidence is DENIED AS MOOT and the suppression hearing scheduled by the Court for 10:00 a.m. on April 26, 2018 is canceled. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/13/2018) (lnl) (Entered: 04/13/2018)
4/11/2018Attorney update in case as to Alain Kaloyeros. Attorney Jeffrey Adam Novack terminated. (lnl) (Entered: 04/12/2018)
4/11/2018MEMO ENDORSEMENT as to Alain Kaloyeros (2) granting 616 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated April 10, 2018 re: Withdrawal of Appearance. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/11/2018) (lnl) (Entered: 04/12/2018)
4/11/2018 LETTER by USA as to Alain Kaloyeros addressed to Judge Valerie E. Caproni from the Government dated April 11, 2018 re: Kaloyeros Motion to Suppress iPhone Forensic Image Document filed by USA. (Zhou, David) (Entered: 04/11/2018)
4/11/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: IT IS HEREBY ORDERED that the Court will hold an evidentiary hearing on April 26, 2018 at 10:00 a.m. The hearing shall be limited to the following issues: 1. The instructions provided to the U.S. Attorney's Office investigators who were responsible for searching the forensic image prior to the issuance of the federal warrant, and the methods and protocols actually applied by the investigators in searching the forensic image both before and after issuance of the federal warrant. 2. The evidence that supports the Government's argument that evidence taken from the forensic image of the iPhone prior to the issuance of the federal warrant is admissible pursuant to the doctrine of inevitable discovery. SO ORDERED. (Evidentiary Hearing set for 4/26/2018 at 10:00 AM before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 4/11/2018) (lnl) (Entered: 04/11/2018)
4/10/2018NOTICE OF ATTORNEY APPEARANCE: Michael Gerard Scavelli appearing for Alain Kaloyeros. Appearance Type: Retained. (Scavelli, Michael) (Entered: 04/10/2018)
4/10/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated April 10, 2018 re: Withdrawal of Appearance . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 04/10/2018)
4/2/2018MEMO ENDORSEMENT granting 614 LETTER MOTION To travel to the Northern District of NY during the month of April 2018 as to Joseph Percoco...ENDORSEMENT...Application Granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/2/18) (jw) (Entered: 04/03/2018)
4/2/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Andrew D. Gladstein dated April 2, 2018 re: to Modify Joseph Percoco's Conditions of Release . Document filed by Joseph Percoco. (Gladstein, Andrew) (Entered: 04/02/2018)
3/27/2018MEMO ENDORSEMENT as to Peter Galbraith Kelly, Jr. (3) granting 612 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated March 26, 2018. ENDORSEMENT: Request GRANTED, but further extensions will not be granted. No later than April 25, 2018, the parties must propose possible dates for a retrial. The period of delay between March 13, 2018 and April 25, 2018 is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A). The Court finds that the ends of justice outweigh the interests of the public and of the Defendant in a speedy trial because of the complexity of this case and the numerous considerations involved in planning a retrial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/27/2018) (lnl) (Entered: 03/28/2018)
3/26/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated March 26, 2018 . Document filed by USA as to Peter Galbraith Kelly, Jr.. (Podolsky, Matthew) (Entered: 03/26/2018)
3/26/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 3/13/18 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: 03/26/2018)
3/26/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 3/13/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/16/2018. Redacted Transcript Deadline set for 4/26/2018. Release of Transcript Restriction set for 6/25/2018. (McGuirk, Kelly) (Entered: 03/26/2018)
3/26/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 3/12/18 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: 03/26/2018)
3/26/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 3/12/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Thomas Murray, (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 4/16/2018. Redacted Transcript Deadline set for 4/26/2018. Release of Transcript Restriction set for 6/25/2018. (McGuirk, Kelly) (Entered: 03/26/2018)
3/26/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 3/9/18 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: 03/26/2018)
3/26/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 3/9/18 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: 03/26/2018)
3/26/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 3/9/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/16/2018. Redacted Transcript Deadline set for 4/26/2018. Release of Transcript Restriction set for 6/25/2018. (McGuirk, Kelly) (Entered: 03/26/2018)
3/26/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 3/8/18 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: 03/26/2018)
3/26/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 3/8/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/16/2018. Redacted Transcript Deadline set for 4/26/2018. Release of Transcript Restriction set for 6/25/2018. (McGuirk, Kelly) (Entered: 03/26/2018)
3/26/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 3/6/18 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: 03/26/2018)
3/26/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 3/6/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/16/2018. Redacted Transcript Deadline set for 4/26/2018. Release of Transcript Restriction set for 6/25/2018. (McGuirk, Kelly) (Entered: 03/26/2018)
3/26/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 3/5/18 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: 03/26/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 3/5/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 3/5/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 3/5/18 corrected trial before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 3/2/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 3/2/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 3/1/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 3/1/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/28/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/28/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/27/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/27/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/26/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/26/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/23/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/23/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/22/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/22/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/21/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/21/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/21/18 CORRECTED TRIAL before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/20/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/20/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/16/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/16/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/15/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/15/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/14/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/14/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/14/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/14/18 CORRECTED TRIAL before Judge Valerie E. Caproni. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/13/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/13/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/12/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/12/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/8/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/8/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/7/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/7/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/6/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/6/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/6/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/6/18 CORRECTED TRIAL before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/5/18 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: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/5/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/5/18 CORRECTED TRIAL before Judge Valerie E. Caproni. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 2/1/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 2/1/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 1/31/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 1/31/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 1/31/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 1/31/18 CORRECTED TRIAL before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 1/30/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 1/30/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 1/30/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 1/30/18 CORRECTED TRIAL before Judge Valerie E. Caproni. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 1/29/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 1/29/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 1/25/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 1/25/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 1/24/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 1/24/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Raquel Robles, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 1/23/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 1/23/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Martha Martin, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Trial proceeding held on 1/22/18 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: 03/23/2018)
3/23/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Trial held on 1/22/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Martha Martin, (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 4/13/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/21/2018. (McGuirk, Kelly) (Entered: 03/23/2018)
3/23/2018MEMO ENDORSEMENT granting 532 LETTER MOTION To travel with his family to Orlando, Florida from March 24 to March 29, 2018 as to Kevin Schuler...ENDORSEMENT..Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/23/18) (jw) (Entered: 03/23/2018)
3/23/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Terrence M. Connors dated March 22, 2018 re: Modify Conditions of Release . Document filed by Kevin Schuler. (Connors, Terrence) (Entered: 03/23/2018)
3/23/2018NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Kevin Schuler: Notice to Attorney Terrence M. Connors to RE-FILE Document 531 MOTION to Modify Conditions of Release Letter Motion Addressed to Judge Caproni. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 03/23/2018)
3/22/2018 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Modify Conditions of Release Letter Motion Addressed to Judge Caproni. Document filed by Kevin Schuler. (Connors, Terrence) Modified on 3/23/2018 (ka). (Entered: 03/22/2018)
3/14/2018NOTICE OF ATTORNEY APPEARANCE: Reid Weingarten appearing for Alain Kaloyeros. Appearance Type: Retained. (Weingarten, Reid) (Entered: 03/14/2018)
3/13/2018Order of Referral to Probation for Presentence Investigation and Report as to Joseph Percoco, Steven Aiello (Signed by Judge Valerie E. Caproni on 3/13/18)(jw) (Entered: 03/16/2018)
3/13/2018Order of Referral to Probation for Presentence Investigation and Report as to Joseph Percoco. (Signed by Judge Valerie E. Caproni on 3/13/18)(jw) (Entered: 03/15/2018)
3/13/2018JURY VERDICT as to Joseph Percoco (1) Guilty on Count 9ss,10ss,11ss and Not Guilty on Count 6ss,7ss,12ss and Steven Aiello (4) Guilty on Count 10ss and Not Guilty on Count 14ss,17ss and Joseph Gerardi (5) Not Guilty on Count 10ss,14ss,18ss. (jw) (Entered: 03/15/2018)
3/13/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 3/13/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger, Nicole P. Geoglis, Abigail F. Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz, and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman, and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Special Agent Deleassa Penland, and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporter Raquel Robles present. Note from jury marked as court exhibit #35, we have reached a verdict Jury deliberations concluded. Verdict sheet marked as court exhibit #36 (see verdict sheet). The jury found Defendant Joseph Percoco guilty on counts 9, 10, 11 of the S2 Indictment (counts 3, 4, 5 of the verdict form) and not guilty on counts 6, 7, 12 of the S2 Indictment (counts 1, 2, 6 of the verdict form). The jury was deadlocked as to Defendant Peter Galbraith Kelly, Jr on counts 9, 13 of the S2 Indictment (counts 3, 7 of the verdict form); mistrial declared by the Court as to Defendant Kelly. The jury found Defendant Steven Aiello guilty on count 10 of the S2 Indictment (count 4 of the verdict form) and not guilty on counts 14, 17 of the S2 Indictment (counts 8, 9 of the verdict form). The jury found Defendant Joseph Gerardi not guilty on counts 10,, 14, 18 of the S2 Indictment (counts 4, 8, 10 of the verdict form). Jury polled; verdict unanimous; Jury discharged. PSI ordered for Defendant Joseph Percoco. Jury trial concluded. (jw) (Entered: 03/15/2018)
3/13/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 3/13/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Special Agent Deleassa Penland, and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporter Raquel Robles present. Note from jury marked as court exhibit #35, we have reached a verdict Jury deliberations concluded. Verdict sheet marked as court exhibit #36 (see verdict sheet). The jury found defendant Joseph Percoco guilty on counts 3, 4, 5 and not guilty on counts 1, 2, and 6; The jury was deadlocked as to defendant Peter Galbraith Kelly, Jr on counts 3 and 7; mistrial declared by the court as to defendant Kelly; The jury found defendant Steven Aiello guilty on count 4 and not guilty on counts 8 and 9. The jury found defendant Joseph Gerardi not guilty on counts 4, 8, and 10. Jury polled; verdict unanimous; Jury discharged. PSI ordered for defendant Joseph Peroco. Jury trial concluded. (jw) (Entered: 03/15/2018)
3/13/2018Set/Reset Deadlines/Hearings as to Joseph Percoco: Sentencing set for 6/6/2018 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (lnl) (Entered: 03/14/2018)
3/13/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: IT IS HEREBY ORDERED THAT: 1. If the Government wishes to retry Defendant Kelly, then no later than March 28, 2018, the Government and Defendant Kelly must file a joint letter proposing four possible dates for a retrial. At least two dates must be after October 1, 2018. The Government and Defendant Kelly must indicate whether they consent to an exclusion of time under the Speedy Trial Act and, if so, must state the reasons that the delay is excludable in this case. 2. Sentencing for Defendant Percoco will take place on June 6, 2018 at 2:00 p.m., Courtroom 443, Thurgood Marshall U.S. Courthouse. This date supersedes the date announced on the record on March 13, 2018. 3. Sentencing for Defendant Aiello will be set after the June Trial concludes. The sentencing date announced on the record on March 13, 2018 is adjourned sine die. 4. No later than March 28, 2018, the Government must provide a statement of the case to the Probation Office for preparation of Defendant Percoco's presentence report. By the same date, Defendant Percoco must schedule an interview with the Probation Office. 5. All bail conditions for the January Defendants are continued. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/13/2018) (lnl) (Entered: 03/14/2018)
3/13/2018VERDICT FORM: as to USA v. Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. [Court Ex. # 36 3-13-2018 12:00 p.m.] (bw) (Entered: 03/13/2018)
3/13/2018NOTICE OF ATTORNEY APPEARANCE: Paul Lewis Shechtman appearing for Louis Ciminelli. Appearance Type: Retained. (Shechtman, Paul) (Entered: 03/13/2018)
3/12/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 3/12/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles present. Jury trial continued and held. Jury deliberations continued. Trial adjourned until 3/13/18 at 9am. Bail continued as to all defendants. (jw) (Entered: 03/14/2018)
3/12/2018Set/Reset Deadlines/Hearings as to Alain Kaloyeros: Motions due by 4/18/2018. Responses due by 5/18/2018. (jw) (Entered: 03/12/2018)
3/12/2018MEMO ENDORSEMENT granting 523 LETTER MOTION The Government respectfully writes, with consent of counsel for all June trial defendants, to request a two-week extension of the deadlines for providing Federal Rule of Evidence 404(b) notices and filing in limine motions and responses for the June trial...ENDORSEMENT...Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/12/18) (jw) (Entered: 03/12/2018)
3/12/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 3/11/2018 re: for reconsideration of ruling with regard to the jurys requests for testimony from Government witness Steve Remillard . Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 03/12/2018)
3/11/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated March 11, 2018 re: Request to Extend 404(b) and Motion in Limine Deadlines by Two Weeks for June Trial . Document filed by USA as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Zhou, David) (Entered: 03/11/2018)
3/9/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 3/9/2018( Jury Trial set for 3/12/2018 at 09:00 AM before Judge Valerie E. Caproni.) Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles present. Jury trial continued and held. Jury deliberations continued. Trial adjourned until 3/12/18 at 9am. Bail continued as to all defendants (jw) (Entered: 03/12/2018)
3/8/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 3/8/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles present. Jury trial continued and held. Jury deliberations continued. Trial adjourned until 3/9/18 at 9:00am. Bail continued as to all defendants. (jw) (Entered: 03/09/2018)
3/6/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 3/6/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles present. Jury trial continued and held. Jury deliberations continued. The trial is adjourned until 3/8/18 at 9:00am due to bad weather. Bail continued as to all defendants. (jw) (Entered: 03/09/2018)
3/6/2018ORDER denying 519 LETTER MOTION as to Steven Aiello (4). For the reasons stated on the record on March 6, 2018, this request is DENIED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/6/2018) (ft) (Entered: 03/06/2018)
3/6/2018MEMO ENDORSEMENT as to Joseph Percoco on re: 520 Letter filed by Joseph Percoco. ENDORSEMENT: For the reasons stated on the record on March 6, 2018, this request is DENIED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/6/2018)(ft) (Entered: 03/06/2018)
3/6/2018 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated March 5, 2018 re: to reconsider the exclusion of certain testimony in response to jury questions five and seven (Bohrer, Barry) (Entered: 03/06/2018)
3/6/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Scott W. Iseman dated March 6, 2018 re: Proposed response to jury question . Document filed by Steven Aiello. (Iseman, Scott) (Entered: 03/06/2018)
3/5/2018 LETTER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni, dated 3/5/2018, re: We are reporters covering the trial in U.S. v Percoco, 16CR776, before you. We are writing to request that, when deliberations are complete, you offer jurors who want to the opportunity to speak to the press in a controlled environment in the courthouse. (lnl) (Entered: 03/14/2018)
3/5/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 3/5/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles present. Jury trial continued and held. Deliberation continued. Note from the jury marked as court exhibit #12 requesting certain exhibits. Jury dismissed at 2pm. Court presided over exhibits requested by the jury with the parties. Trial adjourned until 3/6/18 at 9:00am. Bail continued as to all defendants. (jw) (Entered: 03/06/2018)
3/2/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 3/2/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Note from the jury requesting to deliberate between the hours of 9am-2pm for the duration of the trial. Court granted their application. Trial adjourned until 3/5/18 at 9:00am. Bail continued as to all defendants. (jw) (Entered: 03/05/2018)
3/2/2018 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated March 2, 2018 re: objecting to statements made during the government's rebuttal summation. (Bohrer, Barry) (Entered: 03/02/2018)
3/1/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 3/1/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Court charge to the jury. Marshall sworn and alternate jurors discharged. Jury deliberation begun. Trial adjourned until 3/2/18 at 9:30am. Bail continued as to all defendants (jw) (Entered: 03/02/2018)
2/28/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/28/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Closing arguments by the defense concluded. Governments rebuttal is scheduled for 3-1-18 at 10am. Bail continued as to all defendants. (jw) (Entered: 03/01/2018)
2/28/2018 VERDICT FORM as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. (ft) (Entered: 02/28/2018)
2/28/2018Jury Instructions as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. (ft) (Entered: 02/28/2018)
2/28/2018DISMISSAL OF COUNT as to Joseph Percoco (1): Count 8ss is Dismissed. (See Court Order, DE# 515 ) (lnl) (Entered: 02/28/2018)
2/28/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: IT IS HEREBY ORDERED that Count Eight of the Second Superseding Indictment (Dkt. 321), a charge against Defendant Percoco for extortion under color of official right in relation to the COR Development scheme, is DISMISSED pursuant to Federal Rule of Criminal Procedure 29(a). The Court stated the reasons for this ruling on the record on February 26, 2018. The Court will further explain this ruling in a written opinion after trial concludes. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/28/2018) (lnl) (Entered: 02/28/2018)
2/27/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/27/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Closing arguments by the government and defense held. Summations will continue on 2/28/18 at 9am with Dan Gitner, Barry A. Bohrer and the governments rebuttal. Bail continued as to all defendants. (jw) (Entered: 02/28/2018)
2/27/2018 LETTER by USA as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from the Government dated February 27, 2018 re: Jury Charge Document filed by USA. (Podolsky, Matthew) (Entered: 02/27/2018)
2/27/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. WHEREAS on January 22, 2018, trial began for Defendants Percoco, Kelly, Aiello, and Gerardi (the "January Defendants"); and WHEREAS on February 26, 2018, the Court closed the presentation of evidence; IT IS HEREBY ORDERED that closing arguments will begin on February 27, 2018 at 9:00 a.m. in Courtroom 443, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. A video overflow room will also be available in Courtroom 519 of the Thurgood Marshall U.S. Courthouse. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/27/2018)(bw) (Entered: 02/27/2018)
2/26/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/26/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Charge conference held. Closing arguments set for 2-27-18 at 9:00am. Bail continued as to all defendants. (jw) Modified on 2/28/2018 (jw). (Entered: 02/27/2018)
2/26/2018 LETTER by USA as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from the Government dated February 26, 2018 re: Proposed Jury Charge Document filed by USA. (Podolsky, Matthew) (Entered: 02/26/2018)
2/26/2018ENDORSED LETTER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Laura Nahmias dated 2/22/18 re: We understand the extraordinary constraints on the attorney's time, but ask that you direct attorneys again to make the exhibits available....ENDORSEMENT: As the Court stated on the record on February 22, 2018, this request is GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/26/18)(jw) (Entered: 02/26/2018)
2/26/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated February 26, 2018 re: Striking testimony regarding certain conversations . Document filed by Joseph Percoco. (Bohrer, Barry) (Entered: 02/26/2018)
2/26/2018ORDER: IT IS HEREBY ORDERED THAT: 1. For the reasons stated on the record on February 22 and February 23, 2018, Defendant Aiello and Defendant Gerardi's joint motion to preclude evidence of the Buffalo Billion scheme should either of them testify (Dkts. 498, 499, 501) is DENIED. 2. For the reasons stated on the record on February 22, 2018, Defendant Kelly's motion to admit Exhibits BKX-1670E, BKX-1670G, and BKX-1670H (Dkt. 500) is GRANTED. 3. For the reasons stated on the record on February 20 and February 21, 2018, Defendant Percoco's motion to admit a video of Lisa Percoco (Dkt. 497) is DENIED. 4. For the reasons stated on the record on February 21, 2018: a. Defendant Kelly's motion to admit BKX-653, BKX-690, and BKX-742 (Dkt. 496) is DENIED. b. The Government's motion to admit Exhibit GX-416 (Dkt. 495), is GRANTED. c. Defendant Aiello's motion for reconsideration as to Exhibits GX-1703, GX-1704, GX-1706, and GX-1707 (Dkt. 491) is DENIED. 5. For the reasons stated on the record on February 14, February 15, and February 23, 2018, Defendant Kellys motion for reconsideration (Dkt. 489) is GRANTED as to BKX-162 and DENIED as to 3512-14. 6. For the reasons stated on the record on February 13 and February 14, 2018, Defendant Percoco's motion to admit BKX-1158, BKX-1159, BKX-1167, and BKX-1169 (Dkt. 488) is DENIED. The Clerk is respectfully directed to close the open motions at Dkts. 479, 488, 489, 491, 496, and 500. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/25/2018) (lnl) (Entered: 02/26/2018)
2/26/2018 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated February 24, 2018 re: Summary exhibits submission (Bohrer, Barry) (Entered: 02/26/2018)
2/25/2018 LETTER by USA as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from the Government dated February 25, 2018 Document filed by USA. (Podolsky, Matthew) (Entered: 02/25/2018)
2/25/2018NOTICE OF ATTORNEY APPEARANCE: Gary Stein appearing for Joseph Percoco. Appearance Type: Retained. (Stein, Gary) (Entered: 02/25/2018)
2/25/2018 LETTER by USA as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from the Government dated February 25, 2018 re: Bona Fide Salary Jury Instruction Document filed by USA. (Podolsky, Matthew) (Entered: 02/25/2018)
2/24/2018 LETTER by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Milton Williams dated 2/24/2018 re: Admissibility of testimony of Agent Penland Document filed by Joseph Gerardi. (Williams, Milton) (Entered: 02/24/2018)
2/24/2018 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 2/24/2018 re: regarding silence as a prior inconsistent statement (Gitner, Daniel) (Entered: 02/24/2018)
2/23/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/23/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. The jury was dismissed for the day due to the defense unable to provide witnesses for testimony. Court made evidentiary rulings from the bench on the admissibility of exhibits. Trial adjourned until 2-26-18 at 9:15am. Bail continued as to all defendants. (jbo) (Entered: 02/23/2018)
2/22/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/22/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. The Government rested. The Court reserved its decision on Rule 29 motions made by the defense. Trial adjourned until 2-23-18 at 9:15am. Bail continued as to all defendants. (jw) (Entered: 02/23/2018)
2/22/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 2/22/2018 re: for a judgment of acquittal under Rule 29 . Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 02/22/2018)
2/22/2018 LETTER by Steven Aiello, Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Milton Williams dated 2/22/2018 re: Response to Government's letter dated 2/21/2018 Document filed by Steven Aiello, Joseph Gerardi. (Williams, Milton) (Entered: 02/22/2018)
2/22/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 2/21/2018 re: requesting that the Court reconsider the preclusion of BKX 1670E, G, and H on the ground of hearsay . Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 02/22/2018)
2/22/2018 LETTER by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Scott W. Iseman, Esq. dated February 22, 2018 re: In response to ECF Doc. 498 (LETTER by USA as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from the Government dated February 21, 2018 re: Testimony of Steven Aiello and Joseph Gerardi Document filed by USA.) Document filed by Steven Aiello. (Iseman, Scott) (Entered: 02/22/2018)
2/21/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/21/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein, Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Court ruled on exhibits for admission. (see transcript). Trial adjourned until 2-22-18 at 9:15am. Bail continued as to all defendants (jw) (Entered: 02/23/2018)
2/21/2018 LETTER by USA as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from the Government dated February 21, 2018 re: Testimony of Steven Aiello and Joseph Gerardi Document filed by USA. (Podolsky, Matthew) (Entered: 02/21/2018)
2/21/2018 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated February 21, 2018 re: admissibility of certain video clips raised with the Court during yesterday's proceedings (Bohrer, Barry) (Entered: 02/21/2018)
2/21/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 2/20/2018 re: seeking reconsideration of evidentiary rulings made during the cross-examination of Yanina Daigle . Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 02/21/2018)
2/20/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/20/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Helen Gredd for Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Trial adjourned until 2-21-18 at 9:15am. Bail continued as to all defendants. (jw) (Entered: 02/23/2018)
2/20/2018 LETTER by USA as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from the Government dated February 20, 2018 re: GX 416 Document filed by USA. (Podolsky, Matthew) (Entered: 02/20/2018)
2/20/2018 LETTER by USA as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from the Government dated February 20, 2018 re: Applicability of Section 2(b) Document filed by USA. (Podolsky, Matthew) (Entered: 02/20/2018)
2/19/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Scott Iseman dated 2/19/2018 re: Motion to Reconsider Admission of Certain Summary Exhibits . Document filed by Steven Aiello. (Iseman, Scott) (Entered: 02/19/2018)
2/19/2018 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated February 19, 2018 re: the applicability of 18 U.S.C. § 2(b) in this case (Bohrer, Barry) (Entered: 02/19/2018)
2/18/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. WHEREAS on February 16, 2018, the Court ordered Defendants Percoco, Kelly, Aiello, and Gerardi (the "January Defendants") to produce witness lists and other materials relating to their case-in-chief; IT IS HEREBY ORDERED THAT: 1. No later than February 19, 2018 at 9:30 a.m., the January Defendants must disclose to the Court and to the Government the order of their case-in-chief witnesses for the coming week. The January Defendants must also specify which Defendant will call which witness. Pursuant to the Courts December 29, 2017 order (Dkt. 425), the January Defendants must continue to disclose this information on each Thursday for the remainder of trial. Consistent with the Court's practice, at the end of each trial day, the Court will require the January Defendants to state in open court the names of witnesses who will be called the following day. This order shall not apply to a Defendant who testifies as a witness. 2. No later than February 20, 2018 at 5:30 p.m., the January Defendants must produce to the Court and to the Government tabbed, hard-copy binders of the Rule 26.2 material for their case-in-chief witnesses. 3. For each Defense witness, the January Defendants must provide to the Court and to the Government tabbed, hard-copy binders of exhibits that they intend to offer during that witness's examination. The Defendants may provide these binders at the beginning of the witness's examination. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/18/2018)(bw) (Entered: 02/20/2018)
2/16/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/16/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Helen Gredd for Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Trial adjourned until 2-20-18 at 9:15am. Bail continued as to all defendants. (jw) (Entered: 02/23/2018)
2/16/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. WHEREAS on December 29, 2017 (Dkt. 425), the Court ordered that, on each Thursday during the January Trial, the parties disclose witness lists, Rule 26.2 materials, and exhibit lists for the following week; and WHEREAS on January 22, 2018, trial began for Defendants Percoco, Kelly, Aiello, and Gerardi (the "January Defendants"); and WHEREAS the Court expects the Government to rest its case-in-chief next week; IT IS HEREBY ORDERED THAT: 1. No later than February 17, 2018 at 12:00 p.m., the Government must inform the January Defendants whether it intends to call Robert Burke, John Regan, and/or Brian Lucey as witnesses. 2. No later than February 17, 2018 at 5:00 p.m., the January Defendants must provide to the Court and to the Government (a) lists of their case-in-chief witnesses, (b) Rule 26.2 material for those witnesses, (c) updates to their exhibit lists, and (d) any Rule 16 material that has not already been produced. This order shall not apply to any Defendant who chooses to testify as a witness. 3. Trial will continue February 20, 2018 at 9:30 a.m. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/16/2018)(bw) (Entered: 02/20/2018)
2/15/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/15/2018. Deft Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Stephen R. Coffey, Scott W. Iseman and Pamela Nichols. Defendant Joseph Geradi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Trial adjourned until 2/16/18 at 10:30am. Bail continued as to all defendants. (jw) (Entered: 02/23/2018)
2/14/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/14/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Trial adjourned until 2-15-18 at 9:15am. Bail continued as to all defendants. (jw) (Entered: 02/23/2018)
2/14/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 2/13/2018 re: seeking reconsideration of two evidentiary rulings made during the cross-examination of Todd Howe . Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 02/14/2018)
2/13/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/13/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Pamela Nichols. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Trial adjourned until 2-14-18 at 9:15am. Bail continued as to all defendants. (jbo) Modified on 2/22/2018 (jw). (Entered: 02/14/2018)
2/13/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated February 13, 2018 re: Admissibility of Proof of Goodwill and Friendship . Document filed by Joseph Percoco. (Bohrer, Barry) (Entered: 02/13/2018)
2/13/2018MEMORANDUM OPINION AND ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: For the foregoing reasons, the Government's motion to preclude the expert testimony of Dubravka Tosic is GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/13/2018) (lnl) (Entered: 02/13/2018)
2/13/2018NOTICE OF ATTORNEY APPEARANCE: Pamela A. Nichols appearing for Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. Appearance Type: Retained. (Nichols, Pamela) (Entered: 02/13/2018)
2/12/2018MEMO ENDORSEMENT as to Kevin Schuler on 475 LETTER by Kevin Schuler addressed to Judge Valerie E. Caproni from Terrence M. Connors dated February 9, 2018 re: Trial Schedule Status Update and Request for Postponement of Trial. ENDORSEMENT: While the Court appreciates Mr. Connors's update, the application for an adjournment is DENIED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/12/2018) (lnl) (Entered: 02/13/2018)
2/12/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/12/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith Kelly, Jr. appeared with his attorneys Helen Gredd for Dan M. Gitner (out sick), Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Stephen Coffey. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Defense attorney Mr. Dan Gitner representing defendant Peter G. Kelly was unable appear due to an illness. Jury trial adjourned to 2-13-18 at 1pm. Bail continued as to all defendants. (jbo) (Entered: 02/12/2018)
2/12/2018MEMO ENDORSEMENT as to Joseph Percoco (1), Alain Kaloyeros (2), Peter Galbraith Kelly, Jr. (3), Steven Aiello (4), Joseph Gerardi (5), Louis Ciminelli (6), Michael Laipple (7), Kevin Schuler (8) denying 476 LETTER MOTION addressed to Judge Valerie E. Caproni from Milt Williams dated 2/9/2018 re: Admission of Documentary Evidence. ENDORSEMENT: For the reasons stated on the record on February 12, 2018, this motion to admit exhibits is DENIED as to the following exhibits: SYR-3822, SYR-3793, SYR-3782, SYR-3796, SYR-3772, SYR-3788, and the Eimicke emails. Defendant Gerardi also withdrew his motion to admit SYR-3776 at the Court's February 12, 2018 conference. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/12/2018) (lnl) (Entered: 02/12/2018)
2/12/2018Set/Reset Deadlines/Hearings as to Peter Galbraith Kelly, Jr.: Jury Trial set for 2/13/2018 at 01:00 PM before Judge Valerie E. Caproni. (lnl) (Entered: 02/12/2018)
2/12/2018MEMO ENDORSEMENT as to Peter Galbraith Kelly, Jr. (3)granting 478 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 2/11/2018 re: request that trial be adjourned on Monday. ENDORSEMENT: For the reasons stated on the record on February 12, 2018, trial is adjourned until February 13, 2018 at 1:00 p.m. The Court will also begin sitting on Fridays, usually beginning at 11:00 a.m. The Court will advise the parties and the public of any further changes in schedule. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/12/2018) (lnl) (Entered: 02/12/2018)
2/12/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Hearing proceeding held on 1/19/18 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: 02/12/2018)
2/12/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Hearing held on 1/19/18 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rose Prater, (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 3/5/2018. Redacted Transcript Deadline set for 3/15/2018. Release of Transcript Restriction set for 5/14/2018. (McGuirk, Kelly) (Entered: 02/12/2018)
2/11/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from SCOTT ISEMAN dated 2/11/2018 re: 477 LETTER MOTION addressed to Judge Valerie E. Caproni from Robert L. Boone dated February 10, 2018 re: Todd Howe's Incarceration . re: Opposition to Government's request for an instruction on Howe's recent bail revocation . Document filed by Steven Aiello. (Iseman, Scott) (Entered: 02/11/2018)
2/11/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 2/11/2018 re: request that trial be adjourned on Monday . Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 02/11/2018)
2/10/2018MEMO ENDORSEMENT granting 477 LETTER MOTION addressed to Judge Valerie E. Caproni from Robert L. Boone dated February 10, 2018 re: Todd Howe's Incarceration. ENDORSEMENT: The request to allow Mr. Howe to wear a suit to trial is GRANTED. The Court will discuss the request for an instruction with the parties when trial resumes. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/10/2018) (lnl) (Entered: 02/12/2018)
2/10/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Robert L. Boone dated February 10, 2018 re: Todd Howe's Incarceration . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Boone, Robert) (Entered: 02/10/2018)
2/9/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Milt Williams dated 2/9/2018 re: Admission of Documentary Evidence . Document filed by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit)(Williams, Milton) (Entered: 02/09/2018)
2/9/2018 LETTER by Kevin Schuler addressed to Judge Valerie E. Caproni from Terrence M. Connors dated February 9, 2018 re: Trial Schedule Status Update and Request for Postponement of Trial (Connors, Terrence) (Entered: 02/09/2018)
2/8/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/8/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Stephen Coffey. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. The Jury trial is adjourned until 2-12-18 at 9:15am. Bail continued as to all defendants. (jbo) (Entered: 02/09/2018)
2/8/2018 LETTER by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. dated February 8, 2018 re: an incident that occurred at the close of the proceedings held on Monday, February 5, 2018 Document filed by Steven Aiello. (Attachments: # 1 Exhibit Exhibit "A")(Coffey, Stephen) (Entered: 02/08/2018)
2/8/2018NOTICE OF ATTORNEY APPEARANCE: Deborah E. Landis appearing for Peter Galbraith Kelly, Jr.. Appearance Type: Retained. (Landis, Deborah) (Entered: 02/08/2018)
2/8/2018 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated February 8, 2018 re: Admissibility of Certain "Altered" Emails (Attachments: # 1 Appendix A)(Bohrer, Barry) (Entered: 02/08/2018)
2/8/2018 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated February 7, 2018 re: Cross Examination of Todd Howe (Bohrer, Barry) (Entered: 02/08/2018)
2/7/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/7/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Stephen Coffey. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Governments witnesses called for testimony. Jury trial adjourned to 2-8-18 at 9:15am. Bail continued as to all defendants. (jw) (Entered: 02/08/2018)
2/6/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/6/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Stephen Coffey. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Governments witnesses called for testimony. Jury trial adjourned to 2-7-18 at 10:00am. Bail continued as to all defendants (jw) (Entered: 02/08/2018)
2/6/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/6/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Stephen Coffey. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Governments witnesses called for testimony. Jury trial adjourned to 2-6-18 at 9:15am. Bail continued as to all defendants. (jw) (Entered: 02/08/2018)
2/6/2018MEMO ENDORSEMENT granting 464 LETTER MOTION We request, with the Government's agreement, that the testimony from 1853:1 - 1854:4 of the record be stricken as to Peter Galbraith Kelly, Jr....ENDORSEMENT...Motion GRANTED. As the Court stated on the record on February 5, 2018, this testimony is stricken from the record. The Clerk shall close the open motion at Dkt. 464. SO ORDERED (Signed by Judge Valerie E. Caproni on 2/6/18) (jw) (Entered: 02/06/2018)
2/6/2018ENDORSED LETTER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Towaki Komatsu dated February 2, 2018 re: First & Fourteenth Amendment Abuse. ENDORSEMENT: The request to seal the letters is denied. The request to bring signs into the courthouse is denied. Persons desiring to exercise their First Amendment rights to protest using signs are free to do so outside the courthouse. The request to bring electronic devices is denied. Local rules generally prohibit members of the public other than attorneys from bringing electronic devices into the courthouse [see Standing Order M10-468]. Attorneys who are given permission to bring such devices into the courthouse are doing so in furtherance of their representation of their clients. Members of the regular in-house press, who undergo a clearance procedure, are under limited circumstances allowed to have electronic devices with them. All others are prohibited from bringing electronic devices into the courthouse, but are welcome to exercise their First Amendment rights and write about anything they observe by using electronic devices outside the courthouse. The requests regarding access to the defendant in the US v. Silver matter are denied without prejudice, and may be revisited closer in time to trial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/6/2018)(bw) (Entered: 02/06/2018)
2/5/2018ENDORSED LETTER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Members of the press covering the Peroco trial, dated Feb. 5, 2018 re: We hereby ask that any exhibits entered into evidence at the trial by the defense be made available to us upon our request. ENDORSEMENT: Request GRANTED. Counsel for the January Defendants should make available to the press and public any exhibits that have been received into evidence (with all redactions and limitations that the Court orders). SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/5/2018)(bw) (Entered: 02/06/2018)
2/5/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 2/5/2018 re: seeking reconsideration of two evidentiary rulings made during the cross-examination of Sean Finnerty . Document filed by Peter Galbraith Kelly, Jr.. (Attachments: # 1 Exhibit BKX 812, # 2 Exhibit BKX 535)(Gitner, Daniel) (Entered: 02/05/2018)
2/3/2018 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 2/3/2018 re: on whether the Government should be permitted to elicit testimony relating to the health of Doug Egan (Gitner, Daniel) (Entered: 02/03/2018)
2/3/2018 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 2/3/2018 re: following up on our letter to strike testimony (Gitner, Daniel) (Entered: 02/03/2018)
2/2/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 2/2/2018 re: strike testimony . Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 02/02/2018)
2/2/2018ORDER as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. IT IS HEREBY ORDERED that no later than February 3, 2018 at 8:00 p.m., the Government and Defendant Kelly may each submit a letter, of no more than three pages, further explaining their positions. The Court is particularly interested in better understanding the evidence that will be adduced (by either party) that tends to indicate that Mr. Egan did or did not approve the decision (a) to hire Lisa Percoco or (b) to make payments to her via payments made to Chris Pitts and, if Mr. Egan did approve either, when that approval occurred. The parties may also provide further information regarding whether any other witness will testify that he or she observed changes in Mr. Egans behavior in or around mid-2014. If Defendant Kelly chooses to submit further argument on this issue, he is encouraged to articulate the prejudicial impact of this evidence. (Signed by Judge Valerie E. Caproni on 2/2/18)(jw) (Entered: 02/02/2018)
2/2/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. WHEREAS on January 22, 2018, trial began for Defendants Percoco, Kelly, Aiello, and Gerardi (the "January Defendants"); and WHEREAS on January 28, 2018 (Dkt. 452), Defendant Percoco moved to exclude from the courtroom counsel for Todd Howe, a cooperating witness for the Government; and WHEREAS on January 30, 2018 (Dkt. 457), counsel for Mr. Howe moved to quash a subpoena issued by Defendant Percoco; and WHEREAS on January 30, 2018, Defendant Percoco notified the Court that he would withdraw his subpoena directed to Mr. Howe; and WHEREAS Mr. Howe is expected to begin testimony on February 5, 2018; IT IS HEREBY ORDERED THAT: 1. For the reasons stated on the record on January 29, 2018, the Court DENIES Defendant Percoco's motion to exclude Mr. Howe's counsel from trial. 2. Mr. Howe's motion to quash Defendant Percoco's subpoena is DENIED AS MOOT. 3. The parties must confer on redactions to Mr. Howe's plea agreement and any other Government exhibits that will be offered during Mr. Howe's testimony. If the parties are unable to agree on redactions, each party must submit to the Court (1) a copy of the exhibit in question with that party's proposed redactions and (2) a letter explaining its position on the redactions. The letters may not exceed two pages. These materials must be submitted by February 2, 2018 at 7:00 p.m. 4. The Clerk is respectfully directed to close the open motions at Dkts. 452 and 457. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/2/2018)(bw) (Entered: 02/02/2018)
2/1/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 2/1/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Stephen Coffey. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Government's witnesses called for testimony. Jury trial adjourned to 2-5-18 at 9:15am. Bail continued as to all defendants. (jbo) (Entered: 02/02/2018)
1/31/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 1/31/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Stephen Coffey. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Governments witnesses called for testimony. Jury trial adjourned to 2-1-18 at 9:15am. Bail continued as to all defendants (jw) (Entered: 02/02/2018)
1/31/2018 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 1/30/2018 re: new witnesses (Gitner, Daniel) (Entered: 01/31/2018)
1/30/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 1/30/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Stephen Coffey. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Governments witnesses called for testimony. Jury trial adjourned to 1-31-18 at 9:15am. Bail continued as to all defendants. (jbo) (Entered: 01/31/2018)
1/30/2018MEMORANDUM in Opposition by Joseph Percoco re 457 MOTION to Quash Defendant Percoco's Subpoena to Morvillo LLP.. (Bohrer, Barry) (Entered: 01/30/2018)
1/30/2018DECLARATION of Richard J. Morvillo in Support by Todd R. Howe as to Joseph Percoco re: 457 MOTION to Quash Defendant Percoco's Subpoena to Morvillo LLP.. (Attachments: # 1 Exhibit 1)(Morvillo, Richard) (Entered: 01/30/2018)
1/30/2018MEMORANDUM in Support by Todd R. Howe as to Joseph Percoco re 457 MOTION to Quash Defendant Percoco's Subpoena to Morvillo LLP.. (Morvillo, Richard) (Entered: 01/30/2018)
1/30/2018 MOTION to Quash Defendant Percoco's Subpoena to Morvillo LLP. Document filed by Todd R. Howe as to Joseph Percoco. (Morvillo, Richard) (Entered: 01/30/2018)
1/30/2018LETTER RESPONSE to Motion by Todd R. Howe as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Richard J. Morvillo dated January 28, 2018 re: 452 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated January 28, 2018 re: seeking exclusion of Todd Howe's attorney .. (Morvillo, Richard) (Entered: 01/30/2018)
1/30/2018NOTICE of Appearance on behalf of Todd Howe and Morvillo LLP as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler (Morvillo, Richard) (Entered: 01/30/2018)
1/29/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 1/29/2018 ( Jury Trial set for 1/30/2018 at 09:15 AM before Judge Valerie E. Caproni) Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Stephen Coffey. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Lisa Fellis present. Jury trial continued and held. Government witnesses called for testimony Jury trial adjourned to 1-30-18 at 9:15am. Bail continued as to all defendants (jw) (Entered: 01/30/2018)
1/28/2018MEMO ENDORSEMENT as to Joseph Percoco on 452 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated January 28, 2018 re: seeking exclusion of Todd Howe's attorney. ENDORSEMENT: All parties in the January Trial must appear at 9:15 a.m. on January 29, 2018 to discuss this issue. If counsel for Mr. Howe wishes to be heard on this issue, he must also appear in court at that time. SO ORDERED. (Status Conference set for 1/29/2018 at 09:15 AM before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 1/28/2018) (lnl) (Entered: 01/29/2018)
1/28/2018 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated January 28, 2018 re: seeking exclusion of Todd Howe's attorney . Document filed by Joseph Percoco. (Bohrer, Barry) (Entered: 01/28/2018)
1/28/2018NOTICE OF ATTORNEY APPEARANCE: Nicole Panayota Geoglis appearing for Joseph Percoco. Appearance Type: Retained. (Geoglis, Nicole) (Entered: 01/28/2018)
1/26/2018ENDORSED LETTER addressed to Judge Valerie E. Caproni from Richard J. Morvillo, dated 1/26/2018, re: Counsel writes: We represent Todd R. Howe, a cooperating government witness in this case. On January 16, 2018, defendant Joseph Percoco served a document subpoena on my former law firm, Morvillo LLP, which represented Mr. Howe until January 1 of this year. Effective on January 1, 2018, I and the other lawyers in that firm joined Orrick, Herrington & Sutcliffe LLP and we continue to represent Mr. Howe. We respectfully request to appear and file a motion to quash that subpoena pursuant to Federal Rule of Criminal Procedure 17(c)(2), as it is unreasonable and oppressive. ENDORSEMENT: The Court GRANTS Counsel's request to appear on the ECF docket for this case (16-CR-776) and to file a motion to quash on that docket. Counsel should file the motion as soon as possible. Counsel must also file this order on the docket, once he has the ability to do so. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/26/2018) (lnl) (Entered: 01/29/2018)
1/26/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. WHEREAS on January 22, 2018, trial began for Defendants Percoco, Kelly, Aiello, and Gerardi (the "January Defendants"); IT IS HEREBY ORDERED that no later than January 29, 2018 at 12:00 p.m., the parties must produce to the Court, and to each other, any exhibits that they have so far offered at trial but that are not on their exhibit lists. The parties must do so in hard copies (with numbered tabs for the Court) and electronically (by FTP or CD for the Court). IT IS FURTHER ORDERED that if any party wishes to offer an exhibit at trial that is not on its exhibit list, that party must: a. Bring enough hard copies of the exhibit for the Court (which requires two copies), all other parties, and the witness; and b. Produce an electronic version of the exhibit to the Court and to all other parties by 8:00 p.m. on the same day that the document is identified during trial. The electronic version must include any redactions ordered by the Court at the time that the exhibit was admitted. This order shall apply to all exhibits that the parties identify during trial, even if the exhibit is not admitted. IT IS FURTHER ORDERED that nothing in this order shall modify or supersede the parties' obligations under the Courts December 15, December 20, or December 29, 2017 orders (Dkts. 396, 406, 425). SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/26/2018)(bw) (Entered: 01/26/2018)
1/25/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 1/25/2018, as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi( Jury Trial set for 1/29/2018 at 09:15 AM before Judge Valerie E. Caproni.) Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Stephen Coffey. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Martha Martin present. Jury trial continued and held. Jury trial adjourned to 1-29-18 at 9:15am. Bail continued as to all defendants. (jw) (Entered: 01/29/2018)
1/23/2018Minute Entry for proceedings held before Judge Valerie E. Caproni: Jury Trial as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 1/23/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Stephen Coffey. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Martha Martin present. Jury trial continued and held. Jury sworn in. Opening statements by both sides concluded. Jury trial adjourned to 1-24-18 at 9:15am. Bail continued as to all defendants (jw) (Entered: 01/25/2018)
1/22/2018Set/Reset Deadlines/Hearings as to Joseph Percoco, Peter Galbraith Kelly, Jr. Steven Aiello, Joseph Gerardi: Jury Trial set for 1/23/2018 at 09:30 AM before Judge Valerie E. Caproni (jw) (Entered: 01/23/2018)
1/22/2018Jury Impaneled as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. (jw) (Entered: 01/23/2018)
1/22/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Jury Selection as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 1/22/2018. (jw) (Entered: 01/23/2018)
1/22/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Voir Dire held on 1/22/2018 as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Stephen Coffey. Defendant Joseph Gerardi present with his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporters Raquel Robles and Martha Martin present. Jury selection held. 12 jurors and 4 alternate jurors selected and empanelled. Jury trial adjourned to 1-23-18 at 9:30am. (jw) (Entered: 01/23/2018)
1/22/2018Set/Reset Hearings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi: Voir Dire/Jury Trial set for 1/22/2018 at 09:30 AM before Judge Valerie E. Caproni. (lnl) (Entered: 01/22/2018)
1/20/2018ORDER: IT IS HEREBY ORDERED that the following jurors are stricken for cause: Juror Nos. 7, 9, 11, 14, 18, 20, 21, 22, 23, 26, 28, 37, 38, 39, 41, 48, 50, 56, 58, 59, 62, 65, 67, 68, 70, 72, 76, 78, 80, 87, 90, 93, 94, 97, 99, and 100. The remainder of the jury panel will appear for voir dire on January 22, 2018. IT IS FURTHER ORDERED that trial for the January Defendants will begin with voirdire on January 22, 2018 at 9:30 a.m. The Court will conduct voir dire using the followingprocedures:a. Between 9:00 and 9:30 a.m., the jury panel will assemble in Courtroom 318, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. At 9:30 a.m., the parties must report to Courtroom 318, where the Court will provide a brief introduction to the day's procedures. Members of the press and the public may also observe the Court's introduction in Courtroom 318 at this time. No one (other than jurors) may enter Courtroom 318 prior to 9:30 a.m. b. Following the Courts introduction in Courtroom 318, the parties must report immediately to Courtroom 443 for voir dire. The Court will conduct all voir dire in Courtroom 443. Members of the press and the public may observe voir dire in the gallery of Courtroom 443 during this time. c. All subsequent trial proceedings will take place in Courtroom 443. A closed-circuit video feed of trial and voir dire will be available in Courtroom 519. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/20/2018) (lnl) (Entered: 01/22/2018)
1/19/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Status Conference as to Joseph Percoco, Peter Galbraith Kelly, Jr. held on 1/19/2018 ( Jury Trial set for 1/22/2018 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiellos appearance was waived by his attorneys Scott W. Iseman and Stephen Coffey. Defendant Joseph Gerardi appearance was waived by his attorneys Milton Williams and Avni Patel. AUSAs Janis Echenberg, Robert Boone, David Zhou, Matthew Podolsky, Deleassa Penland, Special Agent and Paralegals Aashna Rao and Sylvia Lee present for the Government. Court Reporter Rose Prague present. Hearing held and concluded. Bail continued as to all defendants as previously set. Jury trial set for 1/22/18 in courtroom 443 at 10am (jw) (Entered: 01/22/2018)
1/19/2018 LETTER from Victoria Bekiempis, dated 1/19/2018, re: I am a reporter for the Daily News, covering the trial of U.S. v. Joseph Percoco, 16-cr-00776. I am writing to request that an unredacted copy of the government's witness list be posted publicly to the docket. (lnl) (Entered: 01/22/2018)
1/18/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Conference proceeding held on 12/13/17 CORRECTED CONFERENCE 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: 01/18/2018)
1/18/2018TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Conference held on 12/13/17 CORRECTED CONFERENCE before Judge Valerie E. Caproni. 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 2/8/2018. Redacted Transcript Deadline set for 2/20/2018. Release of Transcript Restriction set for 4/18/2018. (McGuirk, Kelly) (Entered: 01/18/2018)
1/17/2018MEMO ENDORSEMENT as to (S2-16-Cr-776-03) Peter Galbraith Kelly, Jr. on re: 444 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 1/17/2018 re: logistics. We respectfully request an order granting defense counsel permission to bring into the courthouse for use in the breakout room (Room 530A), from January 19, 2018 through the duration of trial, the following: one trial cart, one set of wire shelving, multiple boxes of documents, and standard office supplies. We will reach out to the District Executive's office to coordinate delivery on January 19, 2018. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/17/2018)(bw) (Entered: 01/17/2018)
1/17/2018 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 1/17/2018 re: logistics (Gitner, Daniel) (Entered: 01/17/2018)
1/16/2018 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Andrew Gladstein dated January 16, 2018 re: in response to the Court's order that the parties submit to the Court their expert discovery no later than today (Gladstein, Andrew) (Entered: 01/16/2018)
1/12/2018LETTER REPLY TO RESPONSE to Motion by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated January 12, 2018 re 418 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated December 27, 2017 re: In Limine Motion to Preclude Defense Experts .. In further support of the Government's in limine motion (Zhou, David) (Entered: 01/12/2018)
1/12/2018ORDER as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. IT IS HEREBY ORDERED that the Court will administer the attached Juror Questionnaire at the trial of the January Defendants. (Signed by Judge Valerie E. Caproni on 1/12/18)(jw) (Entered: 01/12/2018)
1/12/2018 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 1/12/2018 re: in further support of defendant Kelly's motion in limine to preclude certain testimony of the New Teachers (Gitner, Daniel) (Entered: 01/12/2018)
1/9/2018Minute Entry for proceedings held before Judge Valerie E. Caproni:Status Conference as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 1/9/2018. Defendant Joseph Percoco appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein Michael L. Yaeger and Abgail Coster. Defendant Peter Galbraith appeared with his attorneys Dan M. Gitner, Rachel Berkowitz, Samantha Reitz and Jun Xiang. Defendant Steven Aiello present with his attorneys Scott W. Iseman and Stephen Coffey. Defendant Joseph Gerardi appeared with his attorneys Milton Williams and Avni Patel. AUSA Janis Echenberg and Deleassa Penland, Special Agent present for the Government. Court Reporter Rose Prague present. Strike conference held. Bail continued as to all defendants as previously set. (jw) (Entered: 01/22/2018)
1/9/2018ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. WHEREAS on December 27 and December 28, 2017 (Dkts. 418, 420), Defendant Kelly and the Government submitted motions in limine; and WHEREAS on January 9, 2018 (Dkt. 438), the Court issued an order revising pretrial deadlines for the upcoming trial of Defendants Percoco, Kelly, Aiello, and Gerardi (the "January Defendants"); IT IS HEREBY ORDERED THAT: 1. The Government and the January Defendants must appear for argument on the pending motions in limine on January 19, 2018 at 2:00 p.m., Courtroom 443, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. Defendant Kelly must produce Dubravka Tosic for a Daubert hearing at this time. The parties should be prepared to argue the other motions in limine but do not need to produce any other witness at this conference. 2. No later than January 16, 2018 at 10:00 a.m., the January Defendants must submit to the Court their expert discovery relating to Nicholas Allard, Dubravka Tosic, and Michael Kunkel. The parties must do so in electronic format and in tabbed, hard-copy binders. 3. The January 12, 2018 deadline to file replies on the pending motions in limine shall remain in effect (see Dec. 29, 2017 Order, Dkt. 425). 4. All other deadlines remain in effect. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/9/2018)(bw) (Entered: 01/09/2018)
1/9/2018ORDER as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi ( Jury Trial set for 1/22/2018 at 10:00 AM before Judge Valerie E. Caproni., Status Conference set for 1/19/2018 at 12:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) IT IS HEREBY ORDERED that the December 29, 2017 pretrial schedule (Dkt. 425) is MODIFIED as follows: The January 11, 2018 (9:00 a.m.) deadline for the parties to insert names into the Jury Questionnaire and resubmit it to the Court in Microsoft Word format is ADJOURNED to January 12, 2018 at noon. The Court will file the finalized Questionnaire on ECF. The January 12, 2018 (3:00 p.m.) deadline for the Government to make at least 100 copies of the finalized Jury Questionnaire and deliver them to the Jury Clerk is ADJOURNED to January 16, 2018 at 3:00 p.m. The Jury Coordinator will administer the jury questionnaires on January 17, 2018. As previously ordered, the Government must collect the Questionnaires and duplicate them once they have been completed by the jury pool. The January 18, 2018 (3:00 p.m.) deadline for the parties to submit to the Court a joint list of their for-cause challenges is ADJOURNED to January 19, 2018 at 8:00 a.m. The January 18, 2018 (5:00 p.m.) conference to discuss the parties for-cause challenges is ADJOURNED to January 19, 2018 at noon in Courtroom 443. If the Court requires a hearing on the parties pending motions in limine, the Court will hold it at 2:00 p.m. on January 19, 2018. Trial for the January Defendants will PROCEED AS SCHEDULED on January 22, 2018 at 10:00 a.m., Courtroom 443, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. (Signed by Judge Valerie E. Caproni on 1/9/18)(jw) (Entered: 01/09/2018)
1/8/2018LETTER RESPONSE in Opposition by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Robert L. Boone dated January 8, 2018 re: 420 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 12/28/2017 re: motion in limine to preclude certain testimony of the New Teachers .. (Attachments: # 1 Exhibit Corrected Submission)(Boone, Robert) (Entered: 01/08/2018)
1/8/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco. Notice is hereby given that an official transcript of a Conference proceeding held on 12/28/17 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: 01/08/2018)
1/8/2018TRANSCRIPT of Proceedings as to Joseph Percoco re: Conference held on 12/28/17 before Judge Valerie E. Caproni. 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 1/29/2018. Redacted Transcript Deadline set for 2/8/2018. Release of Transcript Restriction set for 4/9/2018. (McGuirk, Kelly) (Entered: 01/08/2018)
1/6/2018 LETTER by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 1/5/2018 re: in response to the Government's December 27, 2017 motion in limine, which seeks to preclude the proffered testimony of two experts noticed by Mr. Kelly - Dr. Dubravka Tosic and Brooklyn Law School Dean Nicholas Allard Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 01/06/2018)
1/5/2018 LETTER by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 1/5/2018 re: in reply to the Governments January 5, 2018 letter regarding the statutory safe harbor at 18 U.S.C. § 666(c) Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 01/05/2018)
1/5/2018LETTER RESPONSE in Opposition by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer of Schulte Roth & Zabel LLP dated January 5, 2018, re: 418 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated December 27, 2017 re: In Limine Motion to Preclude Defense Experts .. (Attachments: # 1 Exhibit A)(Bohrer, Barry) (Entered: 01/05/2018)
1/5/2018LETTER RESPONSE in Opposition by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Robert L. Boone dated January 5, 2018 re: 420 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 12/28/2017 re: motion in limine to preclude certain testimony of the New Teachers .. (Boone, Robert) (Entered: 01/05/2018)
1/5/2018 LETTER by USA as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from the Government dated January 5, 2018 re: Final Jury Instruction Regarding Section 666(c) Document filed by USA. (Podolsky, Matthew) (Entered: 01/05/2018)
1/2/2018ORDER granting 427 LETTER MOTION as to Joseph Percoco (1), Peter Galbraith Kelly, Jr. (3), Steven Aiello (4), Joseph Gerardi (5). IT IS HEREBY ORDERED THAT Courtroom Connect, a Southern District of New York contracted vendor, may provide the Government in United States v. Joseph Percoco et al., S2 16 Cr. 776 (VEC), with an Internet connectivity feed for the duration of the trial proceedings, set to begin on Monday, January 22, 2018. Courtroom Connect should make proper arrangements with the District Executive Office of the Court and the official court reporter. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/2/2018) (ft) (Entered: 01/02/2018)
1/1/2018 LETTER by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 1/1/2018 re: instruction on section 666(c) in the final jury charge Document filed by Peter Galbraith Kelly, Jr.. (Attachments: # 1 Exhibit A)(Gitner, Daniel) (Entered: 01/01/2018)
12/30/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 12-30-17 re: Courtroom Connect . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Echenberg, Janis) (Entered: 12/30/2017)
12/29/2017ORDER as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. IT IS HEREBY ORDERED that the Court will deliver the attached Preliminary Jury Instructions at the trial of the January Defendants. These Instructions will accompany other standard jury instructions not specific to this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/29/2017)(ft) (Entered: 12/29/2017)
12/29/2017ORDER as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi ( Replies due by 1/12/2018., Jury Trial set for 1/22/2018 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni., Motion Hearing set for 1/19/2018 at 02:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni., Pretrial Conference set for 1/18/2018 at 05:00 PM before Judge Valerie E. Caproni.) The December 29, 2017 deadline for the parties to produce copies of their exhibits to each other and to the Court (Dkt. 406) is adjourned to January 12, 2018. The Court will shortly submit a revised Jury Questionnaire to the parties. No later than January 11, 2018 at 9:00 a.m., the parties must insert into the Questionnaire the names of individuals who will be mentioned at trial and resubmit it to the Court. The Court will then file the finalized Questionnaire by ECF. No later than January 12, 2018 at 3:00 p.m., the Government must make at least 100 copies of the Questionnaire and deliver them to the Jury Clerk. Once the Questionnaires have been completed by the jury pool, the Government must duplicate them, delivering the originals plus two copies to the Court (in juror- number order) and delivering an agreed-upon number of copies to the January Defendants. No later than January 18, 2018 at 3:00 p.m., the parties must submit to the Court a joint list of challenges for cause based on the jurors responses to the Questionnaires. The parties must submit a single document that lists the challenges on which the parties agree and those on which they do not agree. The Court will hold a conference on January 18, 2018 at 5:00 p.m., in Courtroom 443, to resolve any disputed challenges for cause. On the Thursday before the start of trial, and on each subsequent Thursday during trial, the Government must disclose to the January Defendants (a) the order of its case-in-chief witnesses for the following week, (b) any Rule 26.2 material for those witnesses that has not already been produced, and (c) any updates to its exhibit list (which must also be provided to the Court). The same rule applies to the Defense. (Signed by Judge Valerie E. Caproni on 12/29/17)(jw) (Entered: 12/29/2017)
12/29/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros. Notice is hereby given that an official transcript of a Conference proceeding held on 12/6/17 corrected transcript 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: 12/29/2017)
12/29/2017TRANSCRIPT of Proceedings as to Alain Kaloyeros re: Conference held on 12/6/17 corrected transcript before Judge Valerie E. Caproni. 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 1/19/2018. Redacted Transcript Deadline set for 1/29/2018. Release of Transcript Restriction set for 3/29/2018. (McGuirk, Kelly) (Entered: 12/29/2017)
12/28/2017MEMO ENDORSEMENT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi on re: 377 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 12/8/2017 re: regarding secure Internet access in the courtroom during trial. ENDORSEMENT: The January Defendants' request for Courtroom Connect services is GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/28/2017)(bw) (Entered: 12/29/2017)
12/28/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 12/28/2017 re: to request a two-week adjournment of the trial date . Document filed by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Gitner, Daniel) (Entered: 12/28/2017)
12/28/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 12/28/2017 re: motion in limine to preclude certain testimony of the New Teachers . Document filed by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Gitner, Daniel) (Entered: 12/28/2017)
12/28/2017MEMO ENDORSEMENT as to Joseph Gerardi on re: 411 Exhibit List filed by Joseph Gerardi, Steven Aiello. We respectfully submit this letter on behalf of Mr. Gerardi and Mr. Steven Aiello regarding the Syracuse Defendant's joint exhibit list submitted to the Court via email on December 22, 2017 pursuant to the Court's orders dated December 15, 2017 and December 20, 2017 (Docket Nos. 396 and 406)...ENDORSEMENT...Request GRANTED. The Clerk is respectfully directed deactivate the hyperlink (but not to delete the docket entry) at Dkt. 411. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/28/17)(jw) (Entered: 12/28/2017)
12/27/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated December 27, 2017 re: In Limine Motion to Preclude Defense Experts . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Zhou, David) (Entered: 12/27/2017)
12/27/2017 LETTER by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 12/27/2017 re: proposed revisions to draft preliminary jury instructions Document filed by Peter Galbraith Kelly, Jr.. (Attachments: # 1 Exhibit A)(Gitner, Daniel) (Entered: 12/27/2017)
12/26/2017MEMO ENDORSEMENT on 409 LETTER by Steven Aiello, Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Scott W. Iseman, Esq. dated December 22, 2017 re: Waiver of appearance at the next pretrial conference scheduled for December 28, 2017 at 2PM Document filed by Steven Aiello, Joseph Gerardi. ENDORSEMENT: Request DENIED. All of the January Defendants must appear at the December 28, 2017 conference. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/26/2017) (lnl) (Entered: 12/26/2017)
12/26/2017MEMO ENDORSEMENT 414 LETTER MOTION Reschedule Conference as to Peter Galbraith Kelly, Jr...ENDORSEMENT...The Court is inclined to entertain a short adjournment under these circumstances. The Court will discuss the application for adjournment and other trial logistics at the December 28, 2017 Pretrial Conference, which will proceed as scheduled. All other deadlines will remain in effect until further notice. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 12/26/17) (jw) (Entered: 12/26/2017)
12/26/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 12/24/2017 re: requesting a short adjournment of the trial date (corrected) . Document filed by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Gitner, Daniel) (Entered: 12/26/2017)
12/22/2017 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 12/22/2017 re: providing the Court with Mr. Kellys draft exhibit list of exhibits we currently intend to offer in our case-in-chief (Gitner, Daniel) (Entered: 12/22/2017)
12/22/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 12-22-17 re: 407 Letter, re: Defense Request for Additional Peremptory Challenges . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Echenberg, Janis) (Entered: 12/22/2017)
12/22/2017411EXHIBIT LIST by Steven Aiello, Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Williams, Milton) (Entered: 12/22/2017)
12/22/2017 LETTER by Steven Aiello, Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Milton Williams dated 12/22/2017 re: Exhibit List Document filed by Steven Aiello, Joseph Gerardi. (Williams, Milton) (Entered: 12/22/2017)
12/22/2017 LETTER by Steven Aiello, Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Scott W. Iseman, Esq. dated December 22, 2017 re: Waiver of appearance at the next pretrial conference scheduled for December 28, 2017 at 2PM Document filed by Steven Aiello, Joseph Gerardi. (Attachments: # 1 Exhibit A)(Iseman, Scott) (Entered: 12/22/2017)
12/20/2017Proposed Voir Dire Questions by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 12/20/2017)
12/20/2017 LETTER by Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi as to Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 12/20/2017 re: to submit a jury questionnaire on behalf of the defendants and the Government, and regarding additional peremptory challenges Document filed by Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. (Gitner, Daniel) (Entered: 12/20/2017)
12/20/2017ENDORSED LETTER as to Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer, Michael L. Yaeger, Andrew D. Gladstein and Abigail F. Coster dated 12/19/17 re: We respectfully submit this letter on behalf of Mr. Percoco and defendants Peter Galbraith Kelly, Jr., Steven Aiello and Joseph Gerardi regarding the Courts December 15, 2017 Order (Dkt. 396) (the Order). The requested extension is necessary to allow us time to prepare copies of the exhibits in the format requested by the Court. Prior to the Courts Order, we had agreed with the government to provide our materials on December 22nd in the same form the government has provided its exhibit list to usby providing a list of exhibit numbers and bate-stamps. As a result, while we had begun identifying the materials, we had not yet begun the task of compiling electronic and hard copy binders of the exhibits we intend to use in our case-in-chief; rather, our primary focus had been the enormous volume of §3500 material and the governments case-inchief....ENDORSEMENT: Request GRANTED IN PART. No later than December 22, 2017, the January Defendants must produce to the Government their exhibit lists (with bates numbers or other markings that allow the Government to easily identify each document) and electronic copies of any exhibits not currently in the Government's possession. This Order applies to all exhibits that the January Defendants intend to use in their cases-in-chief. Failure to comply substantially and in good faith with this Order may result in preclusion of the exhibits at trial. By December 22, 2017, the January Defendants and the Government must submit to the Court their exhibit lists electronically, in the format described in the Court's December 15, 2017 Order (Dkt. 396). By December 29, 2017, the January Defendants must produce to the Government electronic copies and, if the Government wishes, hard copies of all exhibits that they intend to use in their cases-in-chief. By the same date, both the Government and the January Defendants must produce electronic copies and hard copies (in tabbed binders containing indexes) of case-in-chief exhibits to the Court. All other deadlines will remain in effect, and no further extensions will be granted. The Court notes that the Defendants not the Courthouse December 22, 2017 as their deadline to produce exhibits to the Government. (See Dec. 13, 2017 Letter, Dkt. 394, at 2.) (Signed by Judge Valerie E. Caproni on 12/20/17)(jw) (Entered: 12/20/2017)
12/20/2017405SEALED DOCUMENT placed in vault. (rz) (Entered: 12/20/2017)
12/19/2017 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated December 19, 2017 re: the Court's December 15, 2017 Order (Bohrer, Barry) (Entered: 12/19/2017)
12/19/2017MEMO ENDORSEMENT as to Joseph Percoco on re: 399 Letter filed by Joseph Percoco. ENDORSEMENT: Counsel's request to bring a DOAR representative into the courtroom is GRANTED. Counsel should call Chambers to make arrangements. The Court will discuss all other courtroom logistics at the Final Pretrial Conference. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/19/2017)(ft) (Entered: 12/19/2017)
12/19/2017***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Daniel M. Gitner as to Peter Galbraith Kelly, Jr.: to E-MAIL Dcument Document No. 402 Proposed Order. This document is not filed via ECF. (ka) (Entered: 12/19/2017)
12/19/2017 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Proposed Order authorizing attorneys and courtroom technician to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) listed into the Courthouse for use in a proceeding or trial as to Peter Galbraith Kelly, Jr. (Gitner, Daniel) Modified on 12/19/2017 (ka). (Entered: 12/19/2017)
12/19/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Notice is hereby given that an official transcript of a Conference proceeding held on 12/13/17 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: 12/19/2017)
12/19/2017TRANSCRIPT of Proceedings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi re: Conference held on 12/13/17 before Judge Valerie E. Caproni. 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 1/9/2018. Redacted Transcript Deadline set for 1/19/2018. Release of Transcript Restriction set for 3/19/2018. (McGuirk, Kelly) (Entered: 12/19/2017)
12/18/2017 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated December 18, 2017 re: courtroom logistics (Bohrer, Barry) (Entered: 12/18/2017)
12/15/2017 LETTER by USA as to Alain Kaloyeros addressed to Judge Valerie E. Caproni from the Government dated December 15, 2017 re: Motion to Suppress Document filed by USA. (Podolsky, Matthew) (Entered: 12/15/2017)
12/15/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Robert L. Boone dated December 15, 2017 re: Trial Indictment Document filed by USA. (Attachments: # 1 Exhibit Trial Indictment)(Boone, Robert) (Entered: 12/15/2017)
12/15/2017ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. WHEREAS on December 13, 2017, Defendants Percoco, Kelly, Aiello, and Gerardi (the "January Defendants") and the Government appeared for a conference with this Court; and WHEREAS at the December 13, 2017 conference, the Court arraigned the January Defendants on the Second Superseding Indictment; and WHEREAS at the December 13, 2017 conference, the Court ruled orally on the parties' motions in limine and discovery disputes; IT IS HEREBY ORDERED that the Court adopts the following schedule for all remaining pretrial matters. To the extent that this schedule conflicts with any deadlines set orally at the December 13, 2017 conference, this schedule shall control....[See this Order]... V. Final Pretrial Conference: The Government and the January Defendants must appear for a Final Pretrial Conference on December 28, 2017 at 2:00 p.m. in Courtroom 443, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY. The parties are hereby informed that they must be prepared to review juror questionnaires and submit for-cause challenges to the Court during the week of January 2, 2018. The Court will discuss jury selection procedures in further detail at the Final Pretrial Conference. The Clerk is respectfully directed to terminate the open motions at Dkts. 342, 343, 346, 347, 348, 350, and 391. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/15/2017)(bw) (Entered: 12/15/2017)
12/13/2017Minute Entry for proceedings held before Judge Valerie E. Caproni: Pretrial Conference as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 12/13/2017. Final pretrial conference held as to Defendant Joseph Percoco present with his attorneys Barry A. Boher, Andrew D. Gladstein and Michael L. Yaeger. Defendant Peter G. Kelly, Jr. present with his attorneys Daniel M. Gitner, Jun Xiang and Rachel S. Berkowitz, Samantha J. Reitz. Defendant Steven Aiello present with his attorneys Steven R. Coffey and Scott W. Iseman. Defendant Joseph Gerardi present with his attorneys Steven R. Coffey, Scott W. Iseman, Avni P. Patel and Milton L. Williams, Jr. AUSAs David Zhou, Janis Echenberg, Matthew Podolsky and Robert Boone for the Government. Court Reporter Jenifer Thun present. The Court went over its trial procedures with the parties. The trial is adjourned from 1/8/18 to 1/22/18 at 10am. (bw) (Entered: 12/29/2017)
12/13/2017Set/Reset Deadlines/Hearings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi: Jury Trial set for 1/8/2018 at 10:00 AM before Judge Valerie E. Caproni (jw) (Entered: 12/14/2017)
12/13/2017Set/Reset Deadlines/Hearings as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi: Pretrial Conference set for 1/3/2018 at 02:00 PM before Judge Valerie E. Caproni (jw) (Entered: 12/14/2017)
12/13/2017Minute Entry for proceedings held before Judge Valerie E. Caproni: Plea entered by Joseph Percoco (1) Count 6ss,7ss,8ss,9ss,10ss,11ss,12ss and Peter Galbraith Kelly, Jr. (3) Count 9ss,13ss and Steven Aiello (4) Count 1ss,2ss,3ss,10ss,14ss,15ss,17ss and Joseph Gerardi (5) Count 1ss,2ss,3ss,10ss,14ss,16ss,18ss Not Guilty. (jw) (Entered: 12/14/2017)
12/13/2017Minute Entry for proceedings held before Judge Valerie E. Caproni:Arraignment as to Joseph Percoco (1) Count 6ss,7ss,8ss,9ss,10ss,11ss,12ss and Peter Galbraith Kelly, Jr. (3) Count 9ss,13ss and Steven Aiello (4) Count 1ss,2ss,3ss,10ss,14ss,15ss,17ss and Joseph Gerardi (5) Count 1ss,2ss,3ss,10ss,14ss,16ss,18ss held on 12/13/2017. Defendant Joseph Percoco present with his attorneys Barry A. Boher, Andrew D. Gladstein and Michael L. Yaeger. Defendant Peter G. Kelly, Jr. present with his attorneys Daniel M. Gitner, Jun Xiang and Rachel S. Berkowitz, Samantha J. Reitz. Defendant Steven Aiello present with his attorneys Steven R. Coffey and Scott W. Iseman. Defendant Joseph Gerardi present with his attorneys Steven R. Coffey, Scott W. Iseman, Avni P. Patel and Milton L. Williams, Jr. AUSAs David Zhou, Janis Echenberg, Matthew Podolsky and Robert Boone for the Government. Court Reporter Kristen Sellin present. Defendants Percoco, Kelly, Jr., Aiello and Gerardi are arraigned on the S2 Indictment and they all pleaded not guilty to all counts as charged in the (S2) Indictment. Court sets deadlines for trial documents to be submitted by the parties (see order for scheduling and deadlines). A final pretrial conference is set for 1/3/18 at 2pm. Court ruled on pretrial motions (see transcript). Trial set for 1-8-18 at 10am (jw) (Entered: 12/14/2017)
12/13/2017 LETTER by Alain Kaloyeros addressed to Judge Valerie E. Caproni from Michael C. Miller dated December 13, 2017 re: December 6, 2017 Suppression Hearing (Miller, Michael) (Entered: 12/13/2017)
12/13/2017LETTER RESPONSE in Opposition by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated December 13, 2017 re: 391 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 12-12-17 re: Discovery Status and Request for Reciprocal Discovery .. (Bohrer, Barry) (Entered: 12/13/2017)
12/12/2017MEMO ENDORSEMENT as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler on re: 391 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 12-12-17 re: Discovery Status and Request for Reciprocal Discovery filed by USA. ENDORSEMENT: Each Defendant in the January Trial must respond by letter no later than December 13, 2017 at 9:00 a.m. The Court will address these issues at the December 13, 2017 conference. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/12/2017)(ft) (Entered: 12/12/2017)
12/12/2017ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. IT IS HEREBY ORDERED that the December 13, 2017 conference shall proceed asscheduled. All of the January Trial Group Defendants must appear to be arraigned on the Second Superseding Indictment. The Government and the January Trial Group Defendants should be prepared to discuss their pending motions in limine. Additionally, at this conference, the Court will schedule a Final Pretrial Conference; address courtroom logistics and jury selection procedures for the January Trial; set a timeline for any outstanding disclosures; and address any other applications that the parties may have. The June Trial Group Defendants are excused from the December 13, 2017 conference.The Court will arraign these Defendants on the Second Superseding Indictment at a later date. (Signed by Judge Valerie E. Caproni on 12/12/2017)(ft) (Entered: 12/12/2017)
12/12/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 12-12-17 re: Discovery Status and Request for Reciprocal Discovery . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit)(Echenberg, Janis) (Entered: 12/12/2017)
12/11/2017ORDER AND OPINION as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. For the reasons stated above, the Defendants' Motions to Compel Disclosure of Brady Evidence are granted in part and denied in part. The remainder of Defendants' motions, except for Kaloyeros's motion to suppress the search of his cell phone, which is still being briefed, are denied. The Clerk of Court is instructed to terminate Docket Entries 91, 176, 180, 185, 186, 189,192, 194, 198, 200, 205, 209, 212, 214, 216, 219, 221, 223, 225, 229, 231, 233, 236, 340, 363, and 365. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/11/2017)(ft) (Entered: 12/11/2017)
12/11/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Janis Echenberg dated 12/11/17 re: Court Order dated December 6, 2017 Document filed by USA. (Echenberg, Janis) (Entered: 12/11/2017)
12/11/2017 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 12/11/2017 re: regarding striking a/k/a Braith from documents related to Mr. Kelly, including the caption of the Indictment (Gitner, Daniel) (Entered: 12/11/2017)
12/11/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Alain Kaloyeros. Notice is hereby given that an official transcript of a Conference proceeding held on 12/6/17 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: 12/11/2017)
12/11/2017TRANSCRIPT of Proceedings as to Alain Kaloyeros re: Conference held on 12/6/17 before Judge Valerie E. Caproni. 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 1/2/2018. Redacted Transcript Deadline set for 1/11/2018. Release of Transcript Restriction set for 3/12/2018. (McGuirk, Kelly) (Entered: 12/11/2017)
12/11/2017Proposed Voir Dire Questions by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 12/11/2017)
12/11/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Peter Galbraith Kelly, Jr.: Notice to Attorney Daniel M. Gitner to RE-FILE Document 383 Proposed Examination of Jurors. Use the event type Proposed Voir Dire Questions found under the event list Trial Documents. (ka) (Entered: 12/11/2017)
12/11/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: Notice to Attorney Robert Lee Boone to RE-FILE Document 378 Proposed Voir Dire Questions,. Use the event type Proposed Examination of Jurors found under the event list Trial Documents. (ka) Modified on 12/11/2017 (ka). (Entered: 12/11/2017)
12/8/2017Proposed Voir Dire Questions by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 12/08/2017)
12/8/2017 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED EXAMINATION OF JURORS by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) Modified on 12/11/2017 (ka). (Entered: 12/08/2017)
12/8/2017Proposed Final Jury Instructions by Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello and Joseph Gerardi. (Gitner, Daniel) Modified on 12/11/2017 (ka). (Entered: 12/08/2017)
12/8/2017Proposed Jury Instructions by Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello and Joseph Gerardi. (Gitner, Daniel) Modified on 12/11/2017 (ka). (Entered: 12/08/2017)
12/8/2017 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 12/8/2017 re: stating defense is jointly submitting the following proposals: (1) preliminary jury instructions, (2) final jury instructions, (3) a written juror questionnaire, and (4) oral voir dire questions (Gitner, Daniel) (Entered: 12/08/2017)
12/8/2017Request To Charge by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Boone, Robert) (Entered: 12/08/2017)
12/8/2017 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Proposed Voir Dire Questions by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Boone, Robert) Modified on 12/11/2017 (ka). (Entered: 12/08/2017)
12/8/2017 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 12/8/2017 re: regarding secure Internet access in the courtroom during trial (Gitner, Daniel) (Entered: 12/08/2017)
12/7/2017 LETTER by Louis Ciminelli as to Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel C. Oliverio dated 12/07/2017 re: Government's Dismissal of its Appeal in U.S. v. Davis, No. 17-3190 (2d Cir.) (appeal from No. 13-CR-923 (S.D.N.Y.)) Document filed by Louis Ciminelli. (Oliverio, Daniel) (Entered: 12/07/2017)
12/6/2017ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. IT IS HEREBY ORDERED that the parties confer and inform the Court, by letter from the Government not later than December 11, 2017, whether any party objects to this law clerks continued work on this matter. If any party objects, the Government should not inform the Court who objects, but should indicate only that a party in the matter objects. IT IS FURTHER ORDERED that this Order supersedes the instructions given to the parties at todays hearing. The Government and Kaloyeros should confer with the other Defendants and proceed as instructed immediately above. (Signed by Judge Valerie E. Caproni on 12/6/2017)(ft) (Entered: 12/06/2017)
12/6/2017Minute Entry for proceedings held before Judge Valerie E. Caproni:Oral Argument as to Alain Kaloyeros held on 12/6/2017 re: 171 MOTION to Suppress Search Warrant Evidence filed by Alain Kaloyeros. Defendant Alain Kaloyeros appeared with his attorneys Michael Campion Miller and Jeffrey A. Novak. AUSAs David Zhou, Janis Echenberg, Matthew Podolsky and Robert Boone for the Government. Court Reporter Steven Griffin present. Oral argument held as to the defendants motion to suppress. Court reserved its decision. Briefing schedule set (see order). (jw) (Entered: 12/06/2017)
12/1/2017LETTER RESPONSE in Opposition by USA as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from the Government dated December 1, 2017 re: 348 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 11/1/2017 re: motion to sever or preclude the Government from offering in Mr. Kellys trial any evidence relating to the Syracuse RFP Con, 343 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated November 1, 2017 re: Mr. Percoco's motion in limine to exclude 404(b) evidence ., 350 LETTER MOTION addressed to Judge Valerie E. Caproni from Scott W. Iseman, Esq. dated November 1, 2017 re: In Limine Motion ., 347 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 11/1/2017 re: submit this motion in limine to request that the Court exclude any references to a single Percoco Bribery Scheme or Percoc, 344 MOTION in Limine ., 342 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated November 1, 2017 re: Mr. Percoco's motion in limine to exclude RFP allegations and evidence ., 346 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 11/1/2017 re: to join in full Joseph Percocos objection, dated November 1, 2017, to evidence that the Government seeks to admit pursuant. (Podolsky, Matthew) (Entered: 12/01/2017)
12/1/2017 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 12/1/2017 re: in response to the Governments November 1, 2017 motion in limine (Gitner, Daniel) (Entered: 12/01/2017)
12/1/2017LETTER RESPONSE in Opposition by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated December 1, 2017 re: 349 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated November 1, 2017 re: In Limine Rulings .. (Bohrer, Barry) (Entered: 12/01/2017)
11/30/2017LETTER RESPONSE in Opposition by Joseph Gerardi as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Milton Williams dated 11/30/2017 re: 349 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated November 1, 2017 re: In Limine Rulings .. (Williams, Milton) (Entered: 11/30/2017)
11/30/2017 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 11/30/2017 re: reply to the Governments letter, dated November 29, 2017, defending its failure to comply with the Courts April 6, 2017 order requiring prompt disclosure of Brady material (Gitner, Daniel) (Entered: 11/30/2017)
11/29/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated November 29, 2017 re: November 26, 2017 Letter of Peter Galbraith Kelly, Jr. Document filed by USA. (Podolsky, Matthew) (Entered: 11/29/2017)
11/28/2017MEMO ENDORSEMENT as to Peter Galbraith Kelly, Jr. on 365 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 11/26/2017 re: to join in defendant Joseph Percocos application seeking relief due to the Governments failure to disclose Brady material. ENDORSEMENT: The Government is ordered to respond to Kelly's letter by close of business on November 29, 2017. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/28/2017) (lnl) (Entered: 11/29/2017)
11/27/2017ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: IT IS HEREBY ORDERED that these parties appear for oral argument on Kaloyeros's motion to suppress evidence obtained from his cellular telephone on December 6, 2017 at 11:00 A.M. in courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. SO ORDERED. (Oral Argument set for 12/6/2017 at 11:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni) (Signed by Judge Valerie E. Caproni on 11/27/2017) (lnl) (Entered: 11/28/2017)
11/27/2017ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. IT IS HEREBY ORDERED that the parties proposed voir dire questions and requests to charge for the January Trial Group are due December 8, 2017. IT IS FURTHER ORDERED that the Government and January Trial Group Defendants appear for a status conference on December 13, 2017 at 3:00 P.M. in courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. These Defendants will be arraigned on the Second Superseding Indictment at this conference. SO ORDERED. (Status Conference set for 12/13/2017 at 03:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 11/27/2017)(ft) (Entered: 11/27/2017)
11/26/2017 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 11/26/2017 re: to join in defendant Joseph Percocos application seeking relief due to the Governments failure to disclose Brady material (Gitner, Daniel) (Entered: 11/26/2017)
11/26/2017LETTER RESPONSE in Opposition by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated November 26, 2017 re: 363 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated November 22, 2017 re: Brady violation .. (Zhou, David) (Entered: 11/26/2017)
11/22/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated November 22, 2017 re: Brady violation . Document filed by Joseph Percoco. (Bohrer, Barry) (Entered: 11/22/2017)
11/20/2017Transmission to Sealed Records Clerk: as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. Transmitted re: 362 Memo Endorsement, to the Sealed Records Clerk for unsealing of document. (bw) (Entered: 11/20/2017)
11/20/2017MEMO ENDORSEMENT as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi on "AFFIRMATION AND APPLICATION" filed by USA re: 3. I make this Affirmation and Application, pursuant to the All Writs Act, Title 28, United States Code, Section 1651, for an order to unseal the material listed in Paragraph 4 of this application. The material contains relevant information to the prosecution of the above-captioned defendants and the Government intends to produce it to defense counsel in compliance with the Office's obligations under the Federal Rules of Criminal Procedure and Title 18, United States Code, Section 3500, as well as Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and their progeny. 4. Specifically, the Government seeks to unseal the following material for the limited purpose of allowing production to defense counsel and their use at trial in this case: the Grand Jury transcript re: Yanina Daigle, dated October 13, 2016. WHEREFORE, it is respectfully requested that the Court grant this Application for an Order unsealing the material described in Paragraph 4 of this Application for the limited purposes set forth therein. ENDORSEMENT: SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/20/2017)(bw) (Entered: 11/20/2017)
11/20/2017PROTECTIVE ORDER FOR 3500 MATERIAL: as to (S2-16-Cr-776-) Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. WHEREAS, the Government intends to produce materials, referred to hereinafter as the "3500 Material," to JOSEPH PERCOCO, a/k/a "Herb," PETER GALBRAITH KELLY, JR., a/k/a "Braith," STEVEN AIELLO, and JOSEPH GERARDI, the defendants, in compliance with the Government's obligations under the Federal Rules of Criminal Procedure and Title 18, United States Code, Section 3500, as well as Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and their progeny; WHEREAS, the Government desires to protect the information containedin the 3500 Material because such material contains personal identifying information and other sensitive information that witnesses and others have provided to the Government, some of which also relates to ongoing investigations and matters scheduled for trial at a later date; WHEREAS, this Order is intended to supplement the Protective Order entered on or about December 21, 2016 in this matter (Docket No. 74); WHEREAS, JOSEPH PERCOCO, a/k/a "Herb," the defendant, by his attorney, Barry Bohrer, Esq., PETER GALBRAITH KELLY, JR., a/k/a "Braith," the defendant, by his attorney Daniel Gitner, Esq., consent to the entry of this Order; IT IS HEREBY ORDERED THAT:...[See this Protective Order For 3500 Material]... 6. The restrictions on the use of 3500 material, other than the requirement that the Defendants, their counsel, and Designated Persons protect personally-identifiable information, are null as soon as the witness to whom the material relates has testified on direct examination during the January trial. SO ORDERED: (Signed by Judge Valerie E. Caproni on 11/20/2017)(bw) (Entered: 11/20/2017)
11/20/2017MEMO ENDORSEMENT as to Steven Aiello, Joseph Gerardi on re: 358 LETTER MOTION filed by Steven Aiello addressed to Judge Valerie E. Caproni from Scott W. Iseman dated 11/18/2017 re: Letter Brief in Opposition to Proposed Protective Order. ENDORSEMENT: Although the Court believes that the Government is overstating the risk to its June prosecution with regard to defense counsels' use of 3500 material, which it seeks to mitigate with restrictions in the Protective Order, the Government correctly notes that this Court does not have the power to require early production of Jencks Act materials. Accordingly, it does not have the authority to order unfettered use of materials that are produced early. That said, the Court intends to make clear in the Protective Order that restrictions on the use of the produced 3500 material will cease once the witness to whom the 3500 material relates has testified on direct examination. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/20/2017)(bw) (Entered: 11/20/2017)
11/20/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Robert L. Boone dated November 20, 2017 re: 357 LETTER MOTION addressed to Judge Valerie E. Caproni from Robert L. Boone dated November 17, 2017 re: Proposed Protective Order and Unsealing . re: Proposed Protective Order for January Trial . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Boone, Robert) (Entered: 11/20/2017)
11/19/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Scott W. Iseman dated 11/18/2017 re: Letter Brief in Opposition to Proposed Protective Order . Document filed by Steven Aiello. (Iseman, Scott) (Entered: 11/19/2017)
11/17/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Robert L. Boone dated November 17, 2017 re: Proposed Protective Order and Unsealing . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit)(Boone, Robert) (Entered: 11/17/2017)
11/17/2017 LETTER by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Michael C. Miller dated November 17, 2017 re: the Court's November 10, 2017 Order Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 11/17/2017)
11/16/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated November 16, 2017 re: Kaloyeros Search Warrant Document filed by USA. (Zhou, David) (Entered: 11/16/2017)
11/10/2017MEMO ENDORSEMENT as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler on 353 LETTER by USA addressed to Judge Valerie E. Caproni from the Government dated November 9, 2017 re: the Court's November 2 Order Document filed by USA. ENDORSEMENT: Defendants are permitted to respond to the Government's letter, in a letter of no more than three pages, by November 17, 2017. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/10/2017) (lnl) (Entered: 11/13/2017)
11/9/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated November 9, 2017 re: the Court's November 2 Order Document filed by USA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Part 1), # 3 Exhibit 2 (Part 2), # 4 Exhibit 2 (Part 3), # 5 Exhibit 2 (Part 4), # 6 Exhibit 2 (Part 5))(Podolsky, Matthew) (Entered: 11/09/2017)
11/2/2017ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: IT IS HEREBY ORDERED that, if the Government has secured another search warrant for the phone as it stated it intended to do, the Government must produce that warrant to Defendants by November 9, 2017. If the Government produces to the Defendants a new search warrant for the cell telephone at issue, Defendant Kaloyeros must inform the Court not later than November 16, 2017, whether he wishes to make a motion to suppress evidence seized pursuantto the newly-acquired warrant.IT IS FURTHER ORDERED that, if the Government has secured such a warrant, theGovernment must provide this Court, in a letter no longer than three pages, by November 9, 2017, the legal basis for mooting Kaloyeros's motion to suppress by obtaining a new warrant; IT IS FURTHER ORDERED that, if the Government has not yet secured such a warrant, it must, by November 9, 2017, inform the Court when it intends to obtain such a warrant, as well as its legal argument, if any, for mooting Kaloyeros's motion to suppress by obtaining a new warrant. If the Government no longer intends to obtain such a warrant, it must provide its legal argument, if any, why evidence seized pursuant to the New York state warrant should not be suppressed. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/2/2017) (lnl) (Entered: 11/02/2017)
11/2/2017MEMO ENDORSEMENT as to Joseph Percoco (1), Alain Kaloyeros (2), Peter Galbraith Kelly, Jr. (3), Steven Aiello (4), Joseph Gerardi (5), Louis Ciminelli (6), Michael Laipple (7), Kevin Schuler (8) granting in part 349 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated November 1, 2017 re: In Limine Rulings. ENDORSEMENT: Application GRANTED IN PART. Defendants Aiello and Gerardi are ordered to advise the Government and the Court of their intentions to assert an advice-of-counsel defense and the subject matter of such defense by December 1, 2017. The Court reserves its decision on the remainder of this motion until the motion is fully briefed. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/2/2017) (lnl) (Entered: 11/02/2017)
11/2/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Scott W. Iseman, Esq. dated November 1, 2017 re: In Limine Motion . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. Return Date set for 12/1/2017 at 05:00 PM. (Attachments: # 1 Exhibit A)(Iseman, Scott) (Entered: 11/02/2017)
11/2/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Steven Aiello: Notice to Attorney Scott Wendtworth Iseman to RE-FILE Document 344 MOTION in Limine. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 11/02/2017)
11/1/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated November 1, 2017 re: In Limine Rulings . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Podolsky, Matthew) (Entered: 11/01/2017)
11/1/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 11/1/2017 re: motion to sever or preclude the Government from offering in Mr. Kellys trial any evidence relating to the Syracuse RFP Conspiracy . Document filed by Peter Galbraith Kelly, Jr.. (Attachments: # 1 Exhibit A)(Gitner, Daniel) (Entered: 11/01/2017)
11/1/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 11/1/2017 re: submit this motion in limine to request that the Court exclude any references to a single Percoco Bribery Scheme or Percoco Scheme, and to any argument or suggestion that such a scheme existed . Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 11/01/2017)
11/1/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 11/1/2017 re: to join in full Joseph Percocos objection, dated November 1, 2017, to evidence that the Government seeks to admit pursuant to Federal Rule of Evidence 404(b) . Document filed by Peter Galbraith Kelly, Jr.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gitner, Daniel) (Entered: 11/01/2017)
11/1/2017 LETTER by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Scott W. Iseman, Esq. dated November 1, 2017 re: Joining Percoco and Kelly Motions Document filed by Steven Aiello. (Attachments: # 1 Exhibit A)(Iseman, Scott) (Entered: 11/01/2017)
11/1/2017 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine . Document filed by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. Return Date set for 12/1/2018 at 05:00 PM. (Attachments: # 1 Exhibit A)(Iseman, Scott) Modified on 11/2/2017 (ka). (Entered: 11/01/2017)
11/1/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated November 1, 2017 re: Mr. Percoco's motion in limine to exclude 404(b) evidence . Document filed by Joseph Percoco. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bohrer, Barry) (Entered: 11/01/2017)
11/1/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated November 1, 2017 re: Mr. Percoco's motion in limine to exclude RFP allegations and evidence . Document filed by Joseph Percoco. (Bohrer, Barry) (Entered: 11/01/2017)
10/27/2017NOTICE OF ATTORNEY APPEARANCE: Rachel S. Berkowitz appearing for Peter Galbraith Kelly, Jr.. Appearance Type: Retained. (Berkowitz, Rachel) (Entered: 10/27/2017)
10/26/2017 LETTER by Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi as to Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 10/26/2017 re: regarding display on the first floor of the Thurgood Marshall Courthouse Document filed by Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi. (Gitner, Daniel) (Entered: 10/26/2017)
10/19/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated October 19, 2017 re: Discovery Status Document filed by USA. (Zhou, David) (Entered: 10/19/2017)
10/18/2017 LETTER by Alain Kaloyeros addressed to Judge Valerie E. Caproni from Michael C. Miller dated October 18, 2017 re: Court's Order to Address Second Superseding Indictment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F - 1 of 2, # 7 Exhibit F - 2 of 2)(Miller, Michael) (Entered: 10/18/2017)
10/18/2017 LETTER by Louis Ciminelli as to Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel C. Oliverio dated October 18, 2017 re: Letter Reply Brief in Further Support of Dockets 91 and 219. Document filed by Louis Ciminelli. (Oliverio, Daniel) (Entered: 10/18/2017)
10/13/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated October 13, 2017 re: Defendants' October 6, 2017 Letters Document filed by USA. (Podolsky, Matthew) (Entered: 10/13/2017)
10/10/2017 LETTER by Kevin Schuler as to Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Terrence M. Connors dated October 6, 2017 re: Letter Brief in Further Support of Dockets 91 and 219 Document filed by Kevin Schuler. (Connors, Terrence) (Entered: 10/10/2017)
10/10/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Louis Ciminelli, Michael Laipple, Kevin Schuler: Notice to Attorney Terrence M. Connors to RE-FILE Document 332 Response in Support of Motion. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 10/10/2017)
10/6/2017 LETTER by Louis Ciminelli as to Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel C. Oliverio dated October 6, 2017 re: Letter Brief in Further Support of Dockets 91 and 219. Document filed by Louis Ciminelli. (Oliverio, Daniel) (Entered: 10/06/2017)
10/6/2017 LETTER by Alain Kaloyeros addressed to Judge Valerie E. Caproni from Michael C. Miller dated October 6, 2017 re: Court's Order to Address Second Superseding Indictment (Miller, Michael) (Entered: 10/06/2017)
10/6/2017 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Support of Motion by Kevin Schuler as to Louis Ciminelli, Michael Laipple, Kevin Schuler re: 219 JOINT MOTION to Dismiss .. (Connors, Terrence) Modified on 10/10/2017 (ka). (Entered: 10/06/2017)
9/28/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated September 28, 2017 re: United States v. Skelos Document filed by USA. (Podolsky, Matthew) (Entered: 09/28/2017)
9/27/2017ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: IT IS HEREBY ORDERED that on or before October 6, 2017, Defendants may file a supplemental letter brief in support of their motions. The Government must file a letter responding to Defendants' supplemental letter briefs on or before October 13, 2017. Defendants may file a reply letter on or before October 18, 2017. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/27/2017) (lnl) (Entered: 09/28/2017)
9/27/2017 LETTER by Alain Kaloyeros as to Alain Kaloyeros, Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Michael C. Miller dated September 27, 2017 re: Response to Order (Dkt. 320) Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 09/27/2017)
9/27/2017 LETTER by Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel C. Oliverio dated 09/27/2017 re: Response to Order (Dkt. 320) (Oliverio, Daniel) (Entered: 09/27/2017)
9/27/2017 LETTER by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 9/27/2017 re: submitting the Second Circuit's summary order in United States v. Skelos, No. 16-1618-cr (2d Cir. Sept. 26, 2017) in support of arguments for dismissal set forth in the defendants' pretrial motions Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 09/27/2017)
9/27/2017 LETTER by Steven Aiello as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Scott W. Iseman, Esq. dated September 27, 2017 re: Superseding Indictment Document filed by Steven Aiello. (Iseman, Scott) (Entered: 09/27/2017)
9/21/2017 LETTER by Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 9/21/2017 re: The S2 Indictment does not address any of the deficiencies identified in Mr. Kelly's pretrial motions. Accordingly, we do not intend to withdraw those motions (Gitner, Daniel) (Entered: 09/21/2017)
9/21/2017 LETTER by Joseph Percoco addressed to Judge Valerie E. Caproni from Barry A. Bohrer of Schulte Roth & Zabel LLP dated September 21, 2017 re: response to the Court's September 20, 2017 Order Doc. No. 320 (Bohrer, Barry) (Entered: 09/21/2017)
9/20/2017MEMO ENDORSEMENT as to Kevin Schuler (8) granting 322 LETTER MOTION addressed to Judge Valerie E. Caproni from Terrence M. Connors dated September 20, 2017 re: Travel Request. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/20/2017) (lnl) (Entered: 09/21/2017)
9/20/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Terrence M. Connors dated September 20, 2017 re: Travel Request . Document filed by Kevin Schuler. (Connors, Terrence) (Entered: 09/20/2017)
9/20/2017Set/Reset Deadlines/Hearings as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler: Brief (Letter by defendants) due by 9/27/2017. (bw) (Entered: 09/20/2017)
9/20/2017MEMO ENDORSEMENT as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler on re: 319 LETTER by USA addressed to Judge Valerie E. Caproni from the Government dated September 19, 2017 re: Second Superseding Indictment. ENDORSEMENT: On or before September 27, 2017, all Defendants must file a letter stating whether they would like to supplement or withdraw any of their pretrial motions in light of the S2 Indictment. Application to defer arraignment on the S2 Indictment until the next pretrial conference is GRANTED. Pursuant to 18 U.S.C § 3161(h)(7)(A), the period of delay between September 20, 2017, and January 8, 2018, for the January Trial Group, and the period of delay between September 20, 2017, and June 11, 2018, for the Second Trial Group, is excluded under the Speedy Trial Act. Given the complexity of this case, including the voluminous discovery that needs to be reviewed, the ends of justice served by allowing Defendants sufficient time to review discovery and to prepare for trial outweigh the public's and the Defendants' interests in a speedy trial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/20/2017)(bw) (Entered: 09/20/2017)
9/19/2017(S2) SUPERSEDING INDICTMENT FILED as to Joseph Percoco (1) count(s) 6ss, 7ss, 8ss, 9ss, 10ss, 11ss, 12ss, Alain Kaloyeros (2) count(s) 1ss, 2ss, 4ss, Peter Galbraith Kelly, Jr. (3) count(s) 9ss, 13ss, Steven Aiello (4) count(s) 1ss, 2ss, 3ss, 10ss, 14ss, 15ss, 17ss, Joseph Gerardi (5) count(s) 1ss, 2ss, 3ss, 10ss, 14ss, 16ss, 18ss, Louis Ciminelli (6) count(s) 1ss, 4ss, 5ss, Michael Laipple (7) count(s) 1ss, 4ss, 5ss, Kevin Schuler (8) count(s) 1ss, 4ss, 5ss. (jbo) (Entered: 09/20/2017)
9/19/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated September 19, 2017 re: Second Superseding Indictment Document filed by USA. (Attachments: # 1 Attachment A, # 2 Attachment B)(Podolsky, Matthew) (Entered: 09/19/2017)
9/15/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated September 15, 2017 re: Discovery Status Document filed by USA. (Zhou, David) (Entered: 09/15/2017)
9/14/2017 LETTER by Alain Kaloyeros addressed to Judge Valerie E. Caproni from Michael C. Miller dated September 14, 2017 re: Recent Development in United States v. Wey (Miller, Michael) (Entered: 09/14/2017)
9/9/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated September 9, 2017 re: United States v. Wey Document filed by USA. (Zhou, David) (Entered: 09/09/2017)
8/31/2017 LETTER by Kevin Schuler addressed to Judge Valerie E. Caproni from Terrence M. Connors dated August 31, 2017 re: United States v. Davis (Connors, Terrence) (Entered: 08/31/2017)
8/29/2017 LETTER by Alain Kaloyeros addressed to Judge Valerie E. Caproni from Michael C. Miller dated August 29, 2017 re: Recent Decision in United States v. Davis (Miller, Michael) (Entered: 08/29/2017)
8/23/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated August 23, 2017 re: United States v. Davis Document filed by USA. (Podolsky, Matthew) (Entered: 08/23/2017)
8/21/2017 LETTER by Alain Kaloyeros addressed to Judge Valerie E. Caproni from Michael C. Miller dated August 21, 2017 re: Recent Development in United States v. Wey (Attachments: # 1 Exhibit A - United States v. Wey)(Miller, Michael) (Entered: 08/21/2017)
8/11/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated August 11, 2017 re: Discovery Status Document filed by USA. (Zhou, David) (Entered: 08/11/2017)
8/9/2017 LETTER by Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from Scott W. Iseman dated August 9, 2017 re: United States v. Percoco, et al. (Attachments: # 1 Exhibit USA v. Davis)(Iseman, Scott) (Entered: 08/09/2017)
8/8/2017 LETTER by Kevin Schuler as to Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Terrence M. Connors dated August 8, 2017 re: United States v. Davis Document filed by Kevin Schuler. (Attachments: # 1 United States v. Davis, Opinion and Order, # 2 United States v. Davis, Oral Argument Transcript, # 3 United States v. Davis, letter from government to Judge Preska)(Connors, Terrence) (Entered: 08/08/2017)
8/7/2017 LETTER by Alain Kaloyeros addressed to Judge Valerie E. Caproni from Michael C. Miller dated August 7, 2017 re: Recent Decision in United States v. Davis (Attachments: # 1 Exhibit A - United States v. Davis)(Miller, Michael) (Entered: 08/07/2017)
8/3/2017ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. WHEREAS the Court ordered that the trial in this action will be SEVERED as follows: (1) Defendants Percoco, Aiello, Gerardi, and Kelly (hereafter the "January Trial Group") will be tried jointly on Counts 6 through 15 (See Footnote 1 on this Order), with jury selection and trial beginning on January 8, 2018; and (2) Defendants Kaloyeros, Aiello, Gerardi, Ciminelli, Laipple and Schuler (hereafter the "Second Trial Group") will be tried jointly on Counts 1 through 5, with jury selection and trial beginning not sooner than May 15, 2018 [Dkt. 279]; IT IS HEREBY ORDERED that jury selection and trial for the Second Trial Group will begin on June 11, 2018; IT IS FURTHER ORDERED that the parties in the Second Trial Group must meet and confer on a schedule for the production of witness lists, evidence lists and 3500 materials that is consistent with the schedule provided below that will govern the trial for the Second Trial Group. The Government is encouraged to agree to early production of 3500 materials absent any reason to believe there is a risk to the fairness of the trial from doing so and in light of the volume of discovery materials. 1. On or before March 13, 2018, the Government must provide notice of any evidence it seeks to introduce at trial pursuant to Federal Rule of Evidence 404(b). 2. Motions in limine must be filed on or before April 4, 2018. 3. Responses to motions in limine must be filed on or before May 4, 2018. There will be no reply briefs. IT IS FURTHER ORDERED that pursuant to 18 U.S.C § 3161(h)(7)(A), the period of delay between August 3, 2017, and January 8, 2018, for the January Trial Group, and the period of delay between August 3, 2017, and June 11, 2018, for the Second Trial Group, is excluded under the Speedy Trial Act. Given the complexity of this case, including the voluminous discovery that needs to be reviewed, the ends of justice served by allowing Defendants sufficient time to review discovery and prepare for trial outweigh the publics and the Defendants' interests in a speedy trial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/3/2017)(bw) (Entered: 08/03/2017)
7/31/2017JOINT LETTER by Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 07/31/2017 re: Response to July 18, 2017 Order (Docket #279) (Hoover, Timothy) (Entered: 07/31/2017)
7/31/2017 LETTER by Alain Kaloyeros addressed to Judge Valerie E. Caproni from Michael C. Miller dated July 31, 2017 re: Trial availability in response to July 18, 2017 Order (Miller, Michael) (Entered: 07/31/2017)
7/28/2017MEMO ENDORSEMENT granting 303 LETTER MOTION To request that Mr. Percoco's bail condition be modified to permit him to travel to Massachusetts during the month of August 2017 as to Joseph Percoco...ENDORSEMENT...Application Granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/28/2017) (jw) (Entered: 07/31/2017)
7/27/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Andrew D. Gladstein dated July 27, 2017 re: bail conditions . Document filed by Joseph Percoco. (Gladstein, Andrew) (Entered: 07/27/2017)
7/26/2017MEMO ENDORSEMENT denying 301 LETTER MOTION We ask the Court to grant this application to allow Mr. Oliverio to add a second original, personal signature to the existing original Letter and to direct the Sealed Records Department to accept such original Letter with the second signature added for filing on or before July 31, 2017 (so that we are able to get the second signature added)...ENDORSEMENT...Application DENIED. The Court will file the July 7, 2017, letter with the Southern District of New York Sealed Records Department. Counsel is encouraged to review the rules for filing with the Sealed Records Department prior to submitting documents under seal. (Signed by Judge Valerie E. Caproni on 7/26/17) (jw) (Entered: 07/26/2017)
7/25/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 07/25/2017 re: 280 Order, 300 Order on Letter Motion,, 282 Letter re: Seeking additional order to facilitate filing of unredacted 07/07/2017 Letter under seal . Document filed by Louis Ciminelli. (Hoover, Timothy) (Entered: 07/25/2017)
7/21/2017Transmission to Sealed Records Clerk: as to Louis Ciminelli (6). Transmitted re: 300 MEMO ENDORSEMENT, to the Sealed Records Clerk for the sealing of document. (bw) (Entered: 07/24/2017)
7/21/2017Set/Reset Deadlines/Hearings as to Louis Ciminelli (6): Brief due by 7/25/2017. [*** NOTE: Refer to Memo Endorsement, Dkt. No. 300. ***] (bw) (Entered: 07/24/2017)
7/21/2017MEMO ENDORSEMENT granting 284 LETTER MOTION filed by Louis Ciminelli (6), addressed to Judge Valerie E. Caproni from Attorney Timothy W. Hoover dated 07/21/2017 re: 280 Order, re: (Extend date for filing of unredacted 07/07/2017 Letter of Daniel C. Oliverio from 07/21/2017 to 07/25/2017). We respectfully move the Court to extend the date (set by the Court's Order at Docket #280) by which the unredacted copy of the Letter of Daniel C. Oliverio, dated July 7, 2017, must be filed under seal, from July 21, 2017 to July 25, 2017. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/21/2017) (bw) (Entered: 07/24/2017)
7/21/2017JOINT REPLY MEMORANDUM OF LAW in Support by Louis Ciminelli, Michael Laipple, Kevin Schuler as to Louis Ciminelli re: 221 JOINT MOTION to Sever Defendant ., 223 JOINT MOTION for Disclosure of Grand Jury Transcripts ., 225 MOTION to Suppress ., 219 JOINT MOTION to Dismiss . . (Masella, Jessica) (Entered: 07/21/2017)
7/21/2017 REPLY MEMORANDUM OF LAW in Support as to Joseph Percoco re: 185 MOTION to Dismiss the Superseding Indictment. . (Bohrer, Barry) (Entered: 07/21/2017)
7/21/2017 REPLY MEMORANDUM OF LAW in Support as to Joseph Percoco re: 198 MOTION for Bill of Particulars . . (Bohrer, Barry) (Entered: 07/21/2017)
7/21/2017 REPLY MEMORANDUM OF LAW in Support as to Joseph Percoco re: 192 MOTION for Release of Brady Materials . . (Bohrer, Barry) (Entered: 07/21/2017)
7/21/2017 REPLY MEMORANDUM OF LAW in Support as to Alain Kaloyeros re: 194 MOTION to Sever Defendant . . (Miller, Michael) (Entered: 07/21/2017)
7/21/2017 REPLY MEMORANDUM OF LAW in Support as to Alain Kaloyeros re: 205 MOTION to Dismiss for Lack of Venue. . (Miller, Michael) (Entered: 07/21/2017)
7/21/2017 REPLY MEMORANDUM OF LAW in Support as to Alain Kaloyeros re: 186 MOTION to Dismiss Count One Due to Duplicity. . (Miller, Michael) (Entered: 07/21/2017)
7/21/2017 REPLY MEMORANDUM OF LAW in Support as to Alain Kaloyeros re: 180 MOTION for Bill of Particulars . . (Miller, Michael) (Entered: 07/21/2017)
7/21/2017 REPLY MEMORANDUM OF LAW in Support as to Peter Galbraith Kelly, Jr. re: 233 MOTION to Sever Defendant . . (Gitner, Daniel) (Entered: 07/21/2017)
7/21/2017 REPLY MEMORANDUM OF LAW in Support as to Peter Galbraith Kelly, Jr. re: 229 MOTION to Dismiss . . (Gitner, Daniel) (Entered: 07/21/2017)
7/21/2017 REPLY MEMORANDUM OF LAW in Support as to Peter Galbraith Kelly, Jr. re: 231 MOTION for Bill of Particulars . . (Gitner, Daniel) (Entered: 07/21/2017)
7/21/2017 REPLY MEMORANDUM OF LAW in Support as to Alain Kaloyeros re: 200 MOTION for Release of Brady Materials . . (Miller, Michael) (Entered: 07/21/2017)
7/21/2017 REPLY MEMORANDUM OF LAW in Support as to Alain Kaloyeros re: 171 MOTION to Suppress Search Warrant Evidence. . (Miller, Michael) (Entered: 07/21/2017)
7/21/2017 REPLY MEMORANDUM OF LAW in Support as to Alain Kaloyeros re: 176 MOTION to Dismiss Under Federal Rule of Criminal Procedure 12. . (Miller, Michael) (Entered: 07/21/2017)
7/21/2017JOINT REPLY MEMORANDUM OF LAW in Support as to Louis Ciminelli, Michael Laipple, Kevin Schuler re: 91 JOINT MOTION to Dismiss . MOTION to Transfer Case . . (Hoover, Timothy) (Entered: 07/21/2017)
7/21/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 07/21/2017 re: 280 Order, re: (Extend date for filing of unredacted 07/07/2017 Letter of Daniel C. Oliverio from 07/21/2017 to 07/25/2017) . Document filed by Louis Ciminelli. (Hoover, Timothy) (Entered: 07/21/2017)
7/21/2017 REPLY MEMORANDUM OF LAW in Support by Joseph Gerardi as to Steven Aiello, Joseph Gerardi re: 236 FIRST MOTION to Dismiss . . (Attachments: # 1 Exhibit Government's June 30, 2017 Letter to Defendants)(Williams, Milton) (Entered: 07/21/2017)
7/21/2017 LETTER by Louis Ciminelli addressed to Judge Valerie E. Caproni from Daniel C. Oliverio dated 07/07/2017 re: Medical status (Hoover, Timothy) (Entered: 07/21/2017)
7/21/2017 LETTER by Louis Ciminelli addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 07/21/2017 re: Additional requested redaction of 07/07/17 Letter of Daniel C. Oliverio (per Docket #280) (Hoover, Timothy) (Entered: 07/21/2017)
7/19/2017ORDER as to Louis Ciminelli. IT IS HEREBY ORDERED that Mr. Ciminellis proposed redactions to the July 7 letter are APPROVED. On or before July 21, 2017, Mr. Ciminelli must file a redacted copy of the letter on ECF and an unredacted copy of the letter with the Southern District of New York Sealed Records Department. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/19/2017)(ft) (Entered: 07/19/2017)
7/18/2017ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. IT IS HEREBY ORDERED that, after due consideration, the Court concurs with theGovernment that a discretionary severance is appropriate and therefore the trial in this action will be SEVERED as follows: (1) Defendants Percoco, Aiello, Gerardi, and Kelly (hereafter the "January Trial Group") will be tried jointly on Counts 6 through 15,1 with jury selection and trial beginning on January 8, 2018; and (2) Defendants Kaloyeros, Aiello, Gerardi, Ciminelli, Laipple and Schuler (hereafter the Second Trial Group) will be tried jointly on Counts 1 through 5, with jury selection and trial beginning not sooner than May 15, 2018. On or before July 31, 2017, the Defendants in the Second Trial Group must report any existing firm trial commitments that they have from May 1, 2018, through September 30, 2018. IT IS FURTHER ORDERED that the parties in the January Trial Group must meet and confer on a schedule for the production of witness lists, evidence lists and 3500 materials that is consistent with the schedule provided below that will govern the January Trial. The Government is encouraged to agree to early production of 3500 materials absent any reason to believe there isa risk to the fairness of the trial from doing so and in light of the volume of discovery materials. 1. On or before October 13, 2017, the Government must provide notice of any evidence it seeks to introduce at trial pursuant to Federal Rule of Evidence 404(b). 2. Motions in limine must be filed on or before November 1, 2017. 3. Responses to motions in limine must be filed on or before December 1, 2017. There will be no reply briefs. SO ORDERED. (Motions due by 11/1/2017. Responses due by 12/1/2017) (Signed by Judge Valerie E. Caproni on 7/18/2017)(ft) (Entered: 07/18/2017)
7/14/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated July 14, 2017 re: Discovery Status Document filed by USA. (Zhou, David) (Entered: 07/14/2017)
7/13/2017 LETTER by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 7/13/2017 re: in response to the Government's July 12, 2017 letter Document filed by Peter Galbraith Kelly, Jr.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gitner, Daniel) (Entered: 07/13/2017)
7/12/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated July 12, 2017 Document filed by USA. (Podolsky, Matthew) (Entered: 07/12/2017)
7/11/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated July 11, 2017 re: the Second Circuit's opinion in United States v. Boyland Document filed by USA. (Attachments: # 1 Exhibit A)(Zhou, David) (Entered: 07/11/2017)
7/10/2017274SEALED DOCUMENT placed in vault. (mps) (Entered: 07/10/2017)
7/10/2017 LETTER by Louis Ciminelli addressed to Judge Valerie E. Caproni from Daniel C. Oliverio dated 06/08/17 re: Response to Docket #253 (Hoover, Timothy) (Entered: 07/10/2017)
7/10/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Louis Ciminelli: Notice to Attorney Timothy William Hoover to RE-FILE Document 269 Response to Order to Show Cause. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 07/10/2017)
7/7/2017 LETTER by Kevin Schuler addressed to Judge Valerie E. Caproni from Terrence M. Connors dated 7/07/2017 re: Trial schedule status update (Connors, Terrence) (Entered: 07/07/2017)
7/7/2017 LETTER by Steven Aiello addressed to Judge Valerie E. Caproni from Stephen R. Coffey, Esq. and Scott W. Iseman, Esq. dated July 7, 2017 re: Potential Trial Dates and Pretrial disclosures in light of Governments new position on severance (Iseman, Scott) (Entered: 07/07/2017)
7/7/2017 LETTER by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 7/7/2017 re: regarding trial date Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 07/07/2017)
7/7/2017 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE TO ORDER TO SHOW CAUSE by Louis Ciminelli. (Hoover, Timothy) Modified on 7/10/2017 (ka). (Entered: 07/07/2017)
7/7/2017 LETTER by Louis Ciminelli addressed to Judge Valerie E. Caproni from Daniel C. Oliverio dated 06/02/17 re: Update for the Court (filed per Docket #260) (Hoover, Timothy) (Entered: 07/07/2017)
7/7/2017LETTER REPLY TO RESPONSE to Motion by Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 02/13/17 re 98 JOINT LETTER MOTION addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 02-07-2017 re: Sealing of Documents Submitted in Connection with the Buffalo Defendants' Joint Motions (Docket #91-97) ., 266 JOINT LETTER MOTION addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 02/07/17 re: Sealing of Documents Submitted in Connection with the Buffalo Defendants' Joint Motion (Docket #91-97) (redacted in accord with Docket . (filed per Docket #260) (Hoover, Timothy) (Entered: 07/07/2017)
7/7/2017JOINT LETTER MOTION addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 02/07/17 re: Sealing of Documents Submitted in Connection with the Buffalo Defendants' Joint Motion (Docket #91-97) (redacted in accord with Docket #260) . Document filed by Louis Ciminelli, Michael Laipple, Kevin Schuler. (Hoover, Timothy) (Entered: 07/07/2017)
7/7/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Jessica A. Masella dated 01/31/17 re: Brief teleconference call (filed per Docket #89, 260). Document filed by Louis Ciminelli. (Hoover, Timothy) (Entered: 07/07/2017)
6/30/2017MEMORANDUM in Opposition by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler re 200 MOTION for Release of Brady Materials ., 233 MOTION to Sever Defendant ., 229 MOTION to Dismiss ., 171 MOTION to Suppress Search Warrant Evidence., 223 JOINT MOTION for Disclosure of Grand Jury Transcripts ., 231 MOTION for Bill of Particulars ., 186 MOTION to Dismiss Count One Due to Duplicity., 219 JOINT MOTION to Dismiss ., 198 MOTION for Bill of Particulars ., 216 JOINT MOTION Strike Surplusage from the Superseding Indictment re 162 Indictment, ., 91 JOINT MOTION to Dismiss . MOTION to Transfer Case ., 225 MOTION to Suppress ., 214 JOINT MOTION for Release of Brady Materials ., 212 JOINT MOTION to Dismiss Count One as Duplicitous., 180 MOTION for Bill of Particulars ., 221 JOINT MOTION to Sever Defendant ., 192 MOTION for Release of Brady Materials ., 205 MOTION to Dismiss for Lack of Venue., 236 FIRST MOTION to Dismiss ., 209 MOTION to Suppress Cellphone Location Information., 185 MOTION to Dismiss the Superseding Indictment., 189 MOTION to Sever Defendant severing Counts 1-5 from the Superseding Indictment from Percoco's trial., 176 MOTION to Dismiss Under Federal Rule of Criminal Procedure 12., 194 MOTION to Sever Defendant .. (Attachments: # 1 Exhibit A)(Podolsky, Matthew) (Entered: 06/30/2017)
6/28/2017 LETTER by Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel C. Oliverio dated 3/24/17 re: We are counsel for Defendant Louis Ciminelli. This supplemental letter is jointly submitted on behalf of Mr. Ciminelli, Defendant Michael Laipple, and Defendant Kevin Schuler (the Buffalo Defendants), in support of their letter motion (filed today at Docket #132) to excuse their personal appearance for the status conference on April 6, 2017. (jw) (Entered: 06/28/2017)
6/28/2017DECLARATION of Daniel C. Oliverio by Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. Daniel C. Oliverio, pursuant to 28 USC 1746, declares under penalty of perjury that the following is true and correct. (jw) (Entered: 06/28/2017)
6/28/2017 LETTER by Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel C. Oliverio dated 4/4/17 This letter is jointly submitted on behalf of Mr. Ciminelli and Defendant Michael Laipple (represented by Herbert L. Greenman) in advance of the April 6, 2017 status conference. While not submitted on behalf of Defendant Kevin Schuler (represented by Terrence M. Connors), this letter does address Messrs. Ciminelli, Laipple, and Schuler, collectively, as the Buffalo Defendants. We have sent the unredacted version of this letter to counsel for the government, and a version of the letter with the proposed redactions implemented to all defendants counsel of record. (jw) (Entered: 06/28/2017)
6/28/2017ORDER as to (16-Cr-776-06) Louis Ciminelli. WHEREAS the Court ordered that Defendant Ciminelli show cause why all of the materials that have been submitted under seal, other than his specific medical diagnosis, should not now be unsealed in light of the presumption of access discussed in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006); WHEREAS Mr. Ciminelli submitted a letter by email on June 8, 2017 ("June 8 Letter"), in response to the Court's Order to Show Cause; WHEREAS in making his initial sealing application, Mr. Ciminelli stated that he wished to keep information relating to his medical condition under seal because he was concerned that his company would suffer and that it would be difficult for the company's employees; WHEREAS Mr. Ciminelli has now informed his company of his medical condition; WHEREAS the Court finds that much of the information that was sealed must now be unsealed in light of the presumption of access discussed in Lugosch; IT IS HEREBY ORDERED that, on or before July 7, 2017: 1. The June 8 letter must be filed on ECF without any redactions; 2. The January 31, 2017, letter from Ms. Jessica A. Masella must be filed on ECF without any redactions. 3. For the February 7, 2017, letter, which was filed with redactions at Docket Entries 98, 107, and 121: a. The entire first paragraph on page 2 must be unredacted. b. The redacted information in the second and third paragraphs on page 2 may remain under seal. 4. The February 13, 2017, letter from Mr. Timothy W. Hoover, which was filed with redactions at Docket Entry No. 123, must be filed on ECF without any redactions. 5. The June 2, 2017, letter from Daniel C. Oliverio must be filed on ECF with only the following redaction: the three words following "LPCiminelli, Inc., of his" in the third line of the first paragraph. All other portions of the June 2, 2017, letter must be filed on ECF without any redactions. 6. The Court will unredact in part and file on ECF: a. The Sealed Declaration of Daniel C. Oliverio; b. The March 24, 2017, letter from Daniel C. Oliverio, filed in redacted form at Docket Entry No. 137; and c. The April 4, 2017, letter from Daniel C. Oliverio, filed in redacted form at Docket Entry No. 151. IT IS FURTHER ORDERED that the Court does not find Mr. Ciminelli's explanation of why it did not file the January 31, 2017, letter on ECF to be persuasive. The Court's Endorsement on the January 31 letter explicitly stated, "Counsel must file this letter on ECF." Dkt. 89. The fact that the Endorsement itself included a copy of the letter does not excuse counsel's failure to comply with the Court's order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/28/2017)(bw) (Entered: 06/28/2017)
6/22/2017NOTICE OF ATTORNEY APPEARANCE: Avni Praful Patel appearing for Joseph Gerardi. Appearance Type: Retained. (Patel, Avni) (Entered: 06/22/2017)
6/12/2017MEMO ENDORSEMENT granting 256 LETTER MOTION filed by Steven Aiello (4), addressed to Judge Valerie E. Caproni from Attorney Scott W. Iseman dated June 8, 2017 re: 251 Memo Endorsement re: withdraw our application to modify the conditions of pretrial supervision for Mr. Aiello. Pursuant to the Court's June 5th Order, we conferred with the Government concerning Mr. Aiello's request to amend the conditions of his pretrial supervision. After conferring with the Government, we withdraw our application to modify the conditions of pretrial supervision and, as a result, we do not believe that a hearing regarding this issue is required. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Docket Entry Nos. 245 and 256. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/12/2017) (bw) (Entered: 06/13/2017)
6/9/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated June 9, 2017 re: Discovery Status Document filed by USA. (Zhou, David) (Entered: 06/09/2017)
6/8/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Scott W. Iseman dated June 8, 2017 re: 251 Memo Endorsement, Set Deadlines/Hearings,,,, re: withdraw our application to modify the conditions of pretrial supervision for Mr. Aiello . Document filed by Steven Aiello, Joseph Gerardi as to Steven Aiello. (Iseman, Scott) (Entered: 06/08/2017)
6/8/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Louis Ciminelli, Michael Laipple, Kevin Schuler: Notice to Attorney Jessica Ann Masella to RE-FILE Document 255 Redacted Document. Use the event type Exhibit List found under the event list Trial Documents. (ka) (Entered: 06/08/2017)
6/7/2017 REDACTION byLouis Ciminelli, Michael Laipple, Kevin Schuler to 243 Declaration in Support of Motion,,, filed by Michael Laipple, Louis Ciminelli, Kevin Schuler (Masella, Jessica) Modified on 6/8/2017 (ka). (Entered: 06/07/2017)
6/7/2017 LETTER by Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Jessica A. Masella dated 06/02/2017 re: Requesting Removal of Doc. No. 243-23, Replacement with Redacted Version (Masella, Jessica) (Entered: 06/07/2017)
6/5/2017ORDER as to (16-Cr-776-06) Louis Ciminelli. WHEREAS on June 2, 2017, Defendant Ciminelli submitted a letter by e-mail to the Court regarding Mr. Ciminelli's health condition; WHEREAS Mr. Ciminelli also submitted to the Court proposed redactions to the June 2 letter; WHEREAS Mr. Ciminelli previously submitted to the Court filings that were filed on the public record with redactions [Dkts. 89, 98, 107, 121, 123, 137, 151]; WHEREAS the Court instructed Mr. Ciminelli to file the January 31, 2017, letter on the public record with redactions, but Mr. Ciminelli has not apparently done so [see Dkt. 89]; WHEREAS Mr. Ciminelli also filed entirely under seal the Sealed Declaration of Daniel C. Oliverio, dated February 6, 2017, in connection with Messrs. Ciminelli, Laipple, and Schuler's joint motion to dismiss; WHEREAS the Government also previously submitted to the Court a letter that was filed on the public record with redactions [Dkt. 152]; IT IS HEREBY ORDERED that, on or before June 8, 2017, Mr. Ciminelli must show cause why all of the materials that have been submitted under seal, other than his specific medical diagnosis, should not now be unsealed in light of the presumption of access discussed in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/5/2017)(bw) (Entered: 06/05/2017)
6/5/2017ENDORSED LETTER as to (S1-16-Cr-776-06) Louis Ciminelli addressed to Judge Valerie E. Caproni from Attorney Jessica A. Masella dated June 2, 2017 re: We respectfully ask that the Court direct that Exhibit T to the Masella Declaration (Doc. No. 243-23) be stricken from the record, so that we may re-file the exhibit under seal using the procedures set forth in the Protective Order. ENDORSEMENT: Application GRANTED. Exhibit T to the Masella Declaration [Dkt. 243-23] is STRICKEN. Not later than June 8, 2017, counsel must file this letter on ECF and re-file Exhibit T in accordance with the Protective Order. (Signed by Judge Valerie E. Caproni on 6/5/2017)(bw) (Entered: 06/05/2017)
6/5/2017MEMO ENDORSEMENT as to (S1-16-Cr-776-04) Steven Aiello on re: 250 LETTER RESPONSE in Opposition by USA as to Steven Aiello addressed to Judge Valerie E. Caproni dated June 2, 2017 re: 245 LETTER MOTION addressed to Judge Valerie E. Caproni from Scott W. Iseman dated May 24, 2017 re: modification of Mr. Aiello's conditions of release. ENDORSEMENT: Not later than June 8, 2017, the parties must confer and propose by letter a mutually-convenient date for the parties to appear to consider Mr. Aiello's motion to alter his bail conditions. SO ORDERED.(Signed by Judge Valerie E. Caproni on 6/5/2017)(bw) (Entered: 06/05/2017)
6/2/2017LETTER RESPONSE in Opposition by USA as to Steven Aiello addressed to Judge Valerie E. Caproni dated June 2, 2017 re: 245 LETTER MOTION addressed to Judge Valerie E. Caproni from Scott W. Iseman dated May 24, 2017 re: modification of Mr. Aiello's conditions of release .. (Podolsky, Matthew) (Entered: 06/02/2017)
5/26/2017MEMO ENDORSEMENT as to Steven Aiello on re: 245 LETTER MOTION addressed to Judge Valerie E. Caproni from Scott W. Iseman dated May 24, 2017 re: modification of Mr. Aiello's conditions of release filed by Steven Aiello. ENDORSEMENT: The Government must provide its position relative to Mr. Aiello's application on or before June 2, 2017. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/26/2017)(ft) (Entered: 05/26/2017)
5/26/2017 DECLARATION of Michael C. Miller by Alain Kaloyeros re: 171 MOTION to Suppress Search Warrant Evidence. filed by Alain Kaloyeros. [Declaration originally filed at Docket 173] re-filed with redacted exhibits (Attachments: # 1 Exhibit A December 8, 2015 Search Warrant and Non-Disclosure Order, # 2 Exhibit B December 8, 2015 Agent Affidavit, # 3 Exhibit C March 4, 2016 Search Warrant and Non-Disclosure Order, # 4 Exhibit D March 4, 2016 Agent Affidavit, # 5 Exhibit E May 24, 2016 Search Warrant, # 6 Exhibit F May 24, 2016 Application for a Search Warrant)(Miller, Michael) (Entered: 05/26/2017)
5/25/2017 LETTER by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 5/23/2017 re: regarding the refilling of Exhibit T to the Declaration of Daniel M. Gitner In Support of Defendant Peter Galbraith Kelly, Jr.'s Pretrial Motions Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 05/25/2017)
5/25/2017REDACTION byPeter Galbraith Kelly, Jr. as toJoseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler to 231 MOTION for Bill of Particulars . filed by Peter Galbraith Kelly, Jr., 233 MOTION to Sever Defendant . filed by Peter Galbraith Kelly, Jr. (Gitner, Daniel) (Entered: 05/25/2017)
5/25/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Scott W. Iseman dated May 24, 2017 re: modification of Mr. Aiello's conditions of release . Document filed by Steven Aiello, Joseph Gerardi as to Steven Aiello. (Iseman, Scott) (Entered: 05/25/2017)
5/24/2017***STRICKEN DOCUMENT. Deleted document number [235-20] from the case record, as to Peter Galbraith Kelly, Jr.. The document was stricken from this case pursuant to 244 Endorsed Letter (jw) (Entered: 05/24/2017)
5/24/2017ENDORSED LETTER as to Peter Galbraith Kelly, Jr. addressed to Judge Valerie E. Caproni from Daniel M. Gitner dated 5/23/2017 re: To ask that the Court direct that Exhibit T to the Gitner Declaration (Doc. No. 235-20) be stricken from the record, so that we may re-file the exhibit under seal using the procedures set forth in the Protective Order....ENDORSEMENT: Exhibit T to the Gitner Declaration [Dkt. No. 235-20] is STRICKEN. On or before May 26, 2017, counsel must re-file Exhibit T in compliance with the procedures set forth in the Protective Order [Dkt 74]. On or before May 26, 2017, counsel must file this letter on ECF. (Signed by Judge Valerie E. Caproni on 5/24/2017)(jw) (Entered: 05/24/2017)
5/23/2017***STRICKEN DOCUMENT. Deleted document number [243-23], Exhibit T, from the case record, as to Louis Ciminelli (6). The document was stricken from this case pursuant to 252 Endorsed Letter. (bw) (Entered: 06/05/2017)
5/23/2017DECLARATION of Jessica A. Masella in Support as to Louis Ciminelli, Michael Laipple, Kevin Schuler re: 225 MOTION to Suppress ., 221 JOINT MOTION to Sever Defendant ., 223 JOINT MOTION for Disclosure of Grand Jury Transcripts ., 219 JOINT MOTION to Dismiss .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D Part 1 of 3, # 5 Exhibit D Part 2 of 3, # 6 Exhibit D Part 3 of 3, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L Part 1 of 2, # 15 Exhibit L Part 2 of 2, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S, # 23 Exhibit T)(Masella, Jessica) (Entered: 05/23/2017)
5/23/2017DECLARATION of Timothy W. Hoover by Louis Ciminelli re: 209 MOTION to Suppress Cellphone Location Information. filed by Louis Ciminelli. [Declaration originally filed at Docket 210] re-filed with redacted exhibits. (Hoover, Timothy) (Entered: 05/23/2017)
5/23/2017ENDORSED LETTER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Attorney Milton L. Williams, Attorney for Defendant Joseph Gerardi, dated May 22, 2017 re: On Friday, May 19th, 2017, I filed, on behalf of Defendants Joseph Gerardi and Steven Aiello: (1) a Notice of Motion for Dismissal for Prosecutorial Misconduct, Severance, and for a Bill of Particulars (2) a Memorandum of Law in Support of Defendants Gerardi and Aiello's Joint Motion and (3) a Declaration in Support of Defendants Gerardi and Aiello's Joint Motion and corresponding Exhibits A-P, in the above-referenced case. When we filed the motion papers on May 19th via ECF, the papers were assigned docket numbers 183 and 218. However, because of an inadvertent filing error, the Memorandum of Law and Declaration in Support of the Motion were attached as exhibits to the Notice of Motion (Dkt. No. 183), rather than filed separately, and ECF directed us this morning to refile these two supporting documents separately. This morning we have refiled (1) the Notice of Motion (2) the Memorandum of Law in Support of Defendants Gerardi and Aiello's Joint Motion and (3) the Declaration in Support of Defendants Gerardi and Aiello's Joint Motion and corresponding Exhibits A-P. They have been assigned docket numbers 236, 237, 238, respectively. This morning, we confirmed with the ECF help-desk that the new categorization of the papers on the docket conforms to their standards. I am writing to ensure that the motions that were filed on Friday May 19, 2017, and refiled today, are deemed timely with the Court. ENDORSEMENT: Application GRANTED. Docket entry numbers 183 and 218 are STRICKEN as duplicative. Defendants Gerardi and Aiello's joint motion to dismiss [Dkt. 236] is deemed filed nunc pro tunc as of May 19, 2017. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/23/2017)(bw) (Entered: 05/23/2017)
5/23/2017MEMORANDUM in Support by Joseph Percoco re 189 MOTION to Sever Defendant severing Counts 1-5 from the Superseding Indictment from Percoco's trial.. (corrected) (Bohrer, Barry) (Entered: 05/23/2017)
5/22/2017 LETTER by Joseph Gerardi as to Steven Aiello, Joseph Gerardi addressed to Judge Valerie E. Caproni from Milton Williams dated 5/22/2017 re: Motion Filing Document filed by Joseph Gerardi. (Williams, Milton) (Entered: 05/22/2017)
5/22/2017DECLARATION of Milton Williams in Support by Joseph Gerardi as to Steven Aiello, Joseph Gerardi re: 236 FIRST MOTION to Dismiss .. (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 I (cont.), # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit M (cont.), # 16 Exhibit M (cont.), # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P)(Williams, Milton) (Entered: 05/22/2017)
5/22/2017MEMORANDUM in Support by Joseph Gerardi as to Steven Aiello, Joseph Gerardi re 236 FIRST MOTION to Dismiss .. (Williams, Milton) (Entered: 05/22/2017)
5/22/2017FIRST MOTION to Dismiss . Document filed by Joseph Gerardi as to Steven Aiello, Joseph Gerardi. Return Date set for 7/20/2017 at 11:59 PM. (Williams, Milton) (Entered: 05/22/2017)
5/22/2017***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Steven Aiello, Joseph Gerardi: Notice to Attorney Milton L. Williams, Jr to RE-FILE Document 183 FIRST MOTION to Dismiss. ERROR(S): Filing Error of Attachments#1 & 2. Supporting Memorandum and Declaration must be filed individually. Event codes located under Replies. Opposition and Supporting Documents. Separate docket entries for each. (ka) (Entered: 05/22/2017)
5/19/2017***STRICKEN DOCUMENT. Deleted document number 218 from the case record, as to Steven Aiello, Joseph Gerardi. The document was stricken from this case pursuant to 241 Endorsed Letter. (bw) (Entered: 05/23/2017)
5/19/2017***STRICKEN DOCUMENT. Deleted document number 183 from the case record, as to Steven Aiello, Joseph Gerardi. The document was stricken from this case pursuant to 241 Endorsed Letter. (bw) (Entered: 05/23/2017)
5/19/2017DECLARATION of Daniel M. Gitner in Support by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler re: 231 MOTION for Bill of Particulars ., 233 MOTION to Sever Defendant .. (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, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U)(Gitner, Daniel) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler re 233 MOTION to Sever Defendant .. (Gitner, Daniel) (Entered: 05/19/2017)
5/19/2017 MOTION to Sever Defendant . Document filed by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Gitner, Daniel) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler re 231 MOTION for Bill of Particulars .. (Gitner, Daniel) (Entered: 05/19/2017)
5/19/2017 MOTION for Bill of Particulars . Document filed by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Gitner, Daniel) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler re 229 MOTION to Dismiss .. (Gitner, Daniel) (Entered: 05/19/2017)
5/19/2017 MOTION to Dismiss . Document filed by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Gitner, Daniel) (Entered: 05/19/2017)
5/19/2017NOTICE OF ATTORNEY APPEARANCE: John Michael Hillebrecht appearing for Louis Ciminelli. Appearance Type: Retained. (Hillebrecht, John) (Entered: 05/19/2017)
5/19/2017DECLARATION of Jessica A. Masella in Support as to Louis Ciminelli, Michael Laipple, Kevin Schuler re: 225 MOTION to Suppress ., 221 JOINT MOTION to Sever Defendant ., 223 JOINT MOTION for Disclosure of Grand Jury Transcripts ., 219 JOINT MOTION to Dismiss .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D 1 of 3, # 5 Exhibit D 2 of 3, # 6 Exhibit D 3 of 3, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L 1 of 2, # 15 Exhibit L 2 of 2, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S, # 23 Exhibit T)(Masella, Jessica) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Louis Ciminelli re 225 MOTION to Suppress .. (Masella, Jessica) (Entered: 05/19/2017)
5/19/2017 MOTION to Suppress . Document filed by Louis Ciminelli. (Masella, Jessica) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Louis Ciminelli, Michael Laipple, Kevin Schuler re 223 JOINT MOTION for Disclosure of Grand Jury Transcripts .. (Masella, Jessica) (Entered: 05/19/2017)
5/19/2017JOINT MOTION for Disclosure of Grand Jury Transcripts . Document filed by Louis Ciminelli, Michael Laipple, Kevin Schuler. (Masella, Jessica) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Louis Ciminelli, Michael Laipple, Kevin Schuler re 221 JOINT MOTION to Sever Defendant .. (Masella, Jessica) (Entered: 05/19/2017)
5/19/2017JOINT MOTION to Sever Defendant . Document filed by Louis Ciminelli, Michael Laipple, Kevin Schuler. (Masella, Jessica) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Louis Ciminelli, Michael Laipple, Kevin Schuler re 219 JOINT MOTION to Dismiss .. (Masella, Jessica) (Entered: 05/19/2017)
5/19/2017JOINT MOTION to Dismiss . Document filed by Louis Ciminelli, Michael Laipple, Kevin Schuler as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Masella, Jessica) (Entered: 05/19/2017)
5/19/2017218Docket entry number 218 is STRICKEN. The document was stricken from this case pursuant to 241 Endorsed Letter. (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Louis Ciminelli, Michael Laipple, Kevin Schuler re 216 JOINT MOTION Strike Surplusage from the Superseding Indictment re 162 Indictment, .. (Hoover, Timothy) (Entered: 05/19/2017)
5/19/2017JOINT MOTION Strike Surplusage from the Superseding Indictment re 162 Indictment, . Document filed by Louis Ciminelli, Michael Laipple, Kevin Schuler. (Hoover, Timothy) (Entered: 05/19/2017)
5/19/2017DECLARATION of Timothy W. Hoover in Support as to Louis Ciminelli, Michael Laipple, Kevin Schuler re: 214 JOINT MOTION for Release of Brady Materials .. (Hoover, Timothy) (Entered: 05/19/2017)
5/19/2017JOINT MOTION for Release of Brady Materials . Document filed by Louis Ciminelli, Michael Laipple, Kevin Schuler. (Hoover, Timothy) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Louis Ciminelli, Michael Laipple, Kevin Schuler re 212 JOINT MOTION to Dismiss Count One as Duplicitous.. (Hoover, Timothy) (Entered: 05/19/2017)
5/19/2017JOINT MOTION to Dismiss Count One as Duplicitous. Document filed by Louis Ciminelli, Michael Laipple, Kevin Schuler. (Hoover, Timothy) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Louis Ciminelli re 209 MOTION to Suppress Cellphone Location Information.. (Hoover, Timothy) (Entered: 05/19/2017)
5/19/2017DECLARATION of Timothy W. Hoover in Support as to Louis Ciminelli re: 209 MOTION to Suppress Cellphone Location Information.. (Hoover, Timothy) (Entered: 05/19/2017)
5/19/2017 MOTION to Suppress Cellphone Location Information. Document filed by Louis Ciminelli. (Hoover, Timothy) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Louis Ciminelli, Michael Laipple, Kevin Schuler re 91 JOINT MOTION to Dismiss . MOTION to Transfer Case .. (Hoover, Timothy) (Entered: 05/19/2017)
5/19/2017Certificate of Service of 205 MOTION to Dismiss for Lack of Venue., 206 Memorandum in Support of Motion by Alain Kaloyeros.. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Alain Kaloyeros re 205 MOTION to Dismiss for Lack of Venue.. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017 MOTION to Dismiss for Lack of Venue. Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017Certificate of Service of 200 MOTION for Release of Brady Materials ., 203 Declaration in Support of Motion, 201 Memorandum in Support of Motion by Alain Kaloyeros.. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017DECLARATION of Michael C. Miller in Support as to Alain Kaloyeros re: 200 MOTION for Release of Brady Materials .. (Attachments: # 1 Exhibit A - April 28, 2017 Letter, # 2 Exhibit B - May 15, 2017 Letter)(Miller, Michael) (Entered: 05/19/2017)
5/19/2017DECLARATION of Barry A. Bohrer in Support as to Joseph Percoco re: 198 MOTION for Bill of Particulars .. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Bohrer, Barry) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Alain Kaloyeros re 200 MOTION for Release of Brady Materials .. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017 MOTION for Release of Brady Materials . Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Joseph Percoco re 198 MOTION for Bill of Particulars .. (Bohrer, Barry) (Entered: 05/19/2017)
5/19/2017 MOTION for Bill of Particulars . Document filed by Joseph Percoco. (Bohrer, Barry) (Entered: 05/19/2017)
5/19/2017Certificate of Service of 194 MOTION to Sever Defendant ., 195 Memorandum in Support of Motion by Alain Kaloyeros.. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017DECLARATION of Barry A. Bohrer in Support as to Joseph Percoco re: 192 MOTION for Release of Brady Materials .. (Attachments: # 1 Exhibit 1)(Bohrer, Barry) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Alain Kaloyeros re 194 MOTION to Sever Defendant .. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017 MOTION to Sever Defendant . Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Joseph Percoco re 192 MOTION for Release of Brady Materials .. (Bohrer, Barry) (Entered: 05/19/2017)
5/19/2017 MOTION for Release of Brady Materials . Document filed by Joseph Percoco. (Bohrer, Barry) (Entered: 05/19/2017)
5/19/2017Certificate of Service of 186 MOTION to Dismiss Count One Due to Duplicity., 188 Memorandum in Support of Motion by Alain Kaloyeros.. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM in Support by Joseph Percoco re 189 MOTION to Sever Defendant severing Counts 1-5 from the Superseding Indictment from Percoco's trial. (Bohrer, Barry) Modified on 5/24/2017 (ka). (Entered: 05/19/2017)
5/19/2017 MOTION to Sever Defendant severing Counts 1-5 from the Superseding Indictment from Percoco's trial. Document filed by Joseph Percoco. (Bohrer, Barry) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Alain Kaloyeros re 186 MOTION to Dismiss Count One Due to Duplicity.. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Joseph Percoco re 185 MOTION to Dismiss the Superseding Indictment.. (Bohrer, Barry) (Entered: 05/19/2017)
5/19/2017 MOTION to Dismiss Count One Due to Duplicity. Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017 MOTION to Dismiss the Superseding Indictment. Document filed by Joseph Percoco. (Bohrer, Barry) (Entered: 05/19/2017)
5/19/2017Certificate of Service of 181 Memorandum in Support of Motion, 180 MOTION for Bill of Particulars ., 182 Declaration in Support of Motion, by Alain Kaloyeros.. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017DECLARATION of Michael C. Miller in Support as to Alain Kaloyeros re: 180 MOTION for Bill of Particulars .. (Attachments: # 1 Exhibit A - April 28, 2017 Letter, # 2 Exhibit B - May 10, 2017 Letter, # 3 Exhibit C - May 12, 2017 Letter, # 4 Exhibit D - May 15, 2017 Letter, # 5 Exhibit E - May 17, 2017 Letter)(Miller, Michael) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Alain Kaloyeros re 180 MOTION for Bill of Particulars .. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017 MOTION for Bill of Particulars . Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017Certificate of Service of 177 Memorandum in Support of Motion, 178 Declaration in Support of Motion, 176 MOTION to Dismiss Under Federal Rule of Criminal Procedure 12. by Alain Kaloyeros.. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017DECLARATION of Michael C. Miller in Support as to Alain Kaloyeros re: 176 MOTION to Dismiss Under Federal Rule of Criminal Procedure 12.. (Attachments: # 1 Exhibit A - October 1, 2013 FSMC Request for Proposal, # 2 Exhibit B - October 15, 2013 FSMC Request for Proposal, # 3 Exhibit C - May 29, 2013 Email Exchange, # 4 Exhibit D - July 5, 2013 Letter)(Miller, Michael) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Alain Kaloyeros re 176 MOTION to Dismiss Under Federal Rule of Criminal Procedure 12.. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017 MOTION to Dismiss Under Federal Rule of Criminal Procedure 12. Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 176 Motion) - MOTION to Dismiss Under Federal Rule of Criminal Procedure 12. Document filed by Alain Kaloyeros. (Miller, Michael) Modified on 5/22/2017 (db). (Entered: 05/19/2017)
5/19/2017Certificate of Service of 171 MOTION to Suppress Search Warrant Evidence., 173 Declaration in Support of Motion, 172 Memorandum in Support of Motion by Alain Kaloyeros.. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017DECLARATION of Michael C. Miller in Support as to Alain Kaloyeros re: 171 MOTION to Suppress Search Warrant Evidence.. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017MEMORANDUM in Support by Alain Kaloyeros re 171 MOTION to Suppress Search Warrant Evidence.. (Miller, Michael) (Entered: 05/19/2017)
5/19/2017 MOTION to Suppress Search Warrant Evidence. Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 05/19/2017)
5/17/2017MEMO ENDORSEMENT granting 169 LETTER MOTION We respectfully submitthis letter on behalf of Mr. Percoco to request clarification regarding the Courts May 15, 2017 scheduling order for motions. That order was a memo endorsement of a May 15, 2017 letter by counsel for Peter G. Kelly, Jr...ENDORSEMENT...Application GRANTED. The briefing schedule set forth in the Court's May 15, 2017, Endorsement [Dkt. 168] applies to all the defendants in this case (Signed by Judge Valerie E. Caproni on 5/17/17) (jw) (Entered: 05/18/2017)
5/17/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Barry A. Bohrer of Schulte Roth & Zabel LLP dated May 17, 2017 re: requesting clarification that the extension of the briefing schedule applies to all parties . Document filed by Joseph Percoco as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Bohrer, Barry) (Entered: 05/17/2017)
5/15/2017Set/Reset Deadlines/Hearings as to Peter Galbraith Kelly, Jr.Pretrial Motions due by 5/19/2017. Replies due by 7/21/2017. Opposition due by 6/30/2017. (jw) (Entered: 05/16/2017)
5/15/2017MEMO ENDORSEMENT granting 166 LETTER MOTION We request a one day extension from May 18 to May 19 on which the defense motions are due as to Peter Galbraith Kelly, Jr...ENDORSEMENT...Application GRANTED. Pretrial motions must be filed on or before May 19, 2017. Opposition briefs must be filed on or before June 30, 207. Reply briefs may be filed on or before July 21, 2017. (Signed by Judge Valerie E. Caproni on 5/15/17) (jw) (Entered: 05/16/2017)
5/15/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated May 12, 2017 . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Podolsky, Matthew) (Entered: 05/15/2017)
5/15/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 5/15/2017 re: requesting a one day extension - from May 18 to May 19 - of the date on which the defense motions are due . Document filed by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Gitner, Daniel) (Entered: 05/15/2017)
5/12/2017ORDER as to (16-Cr-776-06) Louis Ciminelli. WHEREAS the Court was informed that Defendant Ciminelli recently purchased a firearm that was to be "registered" in his wife's name and stored in a local gun dealer's safe (the "Firearm"); WHEREAS the Court ordered Mr. Ciminelli's counsel to show cause why Mr. Ciminelli should not be ordered to surrender the Firearm [Dkt. 159]; WHEREAS Mr. Ciminelli filed a letter in response to the Court's show-cause order [Dkt. 160]; WHEREAS Mr. Ciminelli's letter provides wholly inadequate reasons why this newly-acquired firearm should not be surrendered, consistent with the bail conditions established for his release; IT IS HEREBY ORDERED that on or before May 17, 2017, Defendant Ciminelli must surrender the Firearm to local authorities. Mr. Ciminelli must make arrangements with Supervisory U.S. Pretrial Services Officer Kenneth Rowan (212-805-4141) regarding the surrender. On or before May 19, 2017, Pretrial Services must confirm to Chambers that Mr. Ciminelli has surrendered the Firearm. IT IS FURTHER ORDERED that as set forth in the Court's May 8, 2017, Order, Mr. Ciminelli is prohibited from purchasing or possessing any firearms pending the disposition of his case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/12/2017)(bw) (Entered: 05/15/2017)
5/12/2017ENDORSED LETTER as to (S1-16-Cr-776-) Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from AUSAs Janis Echenberg/Robert Boone/David Zhou/Matthew Podolsky, dated May 12, 2017 re: The Government, with the consent of all defendants, respectfully requests that time be excluded until October 30, 2017 under the Speedy Trial Act for the same reasons set forth by the Court during the April 6, 2017 conference and in the Court's Order dated April 6, 2017. The parties also consent to defer arraignment on the Superseding Indictment until the next pretrial conference. ENDORSEMENT: Not later than May 16, 2017, the Government must file this letter on ECF. Application to defer arraignment on the Superseding Indictment until the next pretrial conference is GRANTED. Pursuant to 18 U.S.C § 3161(h)(7)(A), the period of delay between May 12, 2017, and October 30, 2017, is excluded under the Speedy Trial Act. Given the complexity of this case, including the voluminous discovery that needs to be reviewed, the ends of justice served by allowing Defendants sufficient time to review discovery and to prepare for trial outweigh the public's and the Defendants' interests in a speedy trial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/12/2017)(bw) (Entered: 05/15/2017)
5/12/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated May 12, 2017 re: Discovery Status Document filed by USA. (Zhou, David) (Entered: 05/12/2017)
5/11/2017(S1) SUPERSEDING INDICTMENT FILED as to Joseph Percoco (1) count(s) 6s, 7s-8s, 9s-10s, 11s-12s, Alain Kaloyeros (2) count(s) 1s, 2s, 4s, Peter Galbraith Kelly, Jr. (3) count(s) 9s, 13s, Steven Aiello (4) count(s) 1s, 2s, 3s, 10s, 14s, 15s, Joseph Gerardi (5) count(s) 1s, 2s, 3s, 10s, 14s, 15s, Louis Ciminelli (6) count(s) 1s, 4s, 5s, Michael Laipple (7) count(s) 1s, 4s, 5s, Kevin Schuler (8) count(s) 1s, 4s, 5s. (jm) (Main Document 162 replaced on 5/12/2017) (jm). (Entered: 05/12/2017)
5/11/2017NOTICE of Change of Address as to Joseph Gerardi. New Address: Walden Macht & Haran LLP, 1 Battery Park Plaza, 34th Floor, New York, New York, USA 10004, 212-335-2030. (Williams, Milton) (Entered: 05/11/2017)
5/11/2017 LETTER by Louis Ciminelli addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 05/11/17 re: Letter submission regarding Order (Docket #159) (Hoover, Timothy) (Entered: 05/11/2017)
5/8/2017ORDER as to (16-Cr-776-6) Louis Ciminelli. It is hereby ORDERED that the defendant's bail condition of "surrender firearms" be modified to "refrain from the purchase or possession of weapons." IT IS FURTHER ORDERED that on or before May 11, 2017, defense counsel must show cause why Mr. Ciminelli should not be ordered to surrender Mr. Ciminelli's recently-purchased rifle to the Government until the completion of this case. SO ORDERED: (Signed by Judge Valerie E. Caproni on 5/8/2017)(bw) (Entered: 05/08/2017)
5/2/2017158SEALED DOCUMENT placed in vault. (mps) (Entered: 05/02/2017)
4/12/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. Notice is hereby given that an official transcript of a Conference proceeding held on 4/6/17 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: 04/12/2017)
4/12/2017TRANSCRIPT of Proceedings as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler re: Conference held on 4/6/17 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Thomas Murray, (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 5/3/2017. Redacted Transcript Deadline set for 5/15/2017. Release of Transcript Restriction set for 7/11/2017. (McGuirk, Kelly) (Entered: 04/12/2017)
4/10/2017ENDORSED LETTER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Janis Echenberg and Robert Boone and David Zhou and Matthew Podolsky dated 4/7/17 re: The Government respectfully writes in response to the Courts January 25, 2017 order requiring the Government to update the Court weekly with regard to the status of discovery. Finally, as set forth in our previous discovery status letters as well as at the pretrial conference on April 6, 2017, the Government has completed production of discoverable materials obtained by the Government as of the initial pretrial conference on December 1, 2016, and has...ENDORSEMENT: The Government must file a letter on a monthly basis as to the status of discovery, with the next letter due on or before May 12, 2017. (Signed by Judge Valerie E. Caproni on 4/10/2017)(jw) (Entered: 04/10/2017)
4/7/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated April 7, 2017 re: Discovery Status and Inquiry . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Zhou, David) (Entered: 04/07/2017)
4/6/2017Minute Entry for proceedings held before Judge Valerie E. Caproni:Status Conference as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi held on 4/6/2017. Defendant Joseph Percoco present with his attorneys Andrew D. Goldstein, Barry A. Bohrer and Michael L. Yaeger. Defendant Alain Kaloyeross appearance was waived by his attorneys Jeffrey A. Novack, Michael C. Miller and Katherine M. Dubyak. Defendant Peter G. Kelly present with his attorney Daniel M. Gitner. Defendant Steven Aiello present with his attorneys Stephen R. Coffey and Scott W. Iseman. Defendant Joseph Gerardi present with his attorney Milton L. Williams, Jr. Defendant Louis Ciminellis appearance was waived by his attorneys Daniel C. Oliverio, Jessica A. Masella and Timothy W. Hoover. Defendant Kevin Schulers appearance was waived by his attorney Terrence M. Connors. Defendant Kevin Michael Laipples appearance was waived by his attorney Herbert L. Greenman. Court Reporter Thomas Murray present. AUSAs Janis Echenberg, Robert Lee Boone, David Zhou, and Matthew D. Podolsky present for the Government. Trial dates set for 10/30/17 and 1/8/18 @ 10am. Each trial is estimated to last 2 months. See order for scheduling and deadlines set for pretrial motions, proposed voir dire and requests to charge. Defendants bail will continued as previously set. (jw) (Entered: 04/10/2017)
4/6/2017ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. Pursuant to the April 6, 2017, Court conference, IT IS HEREBY ORDERED that: 1. All pretrial motions, including the pending motion to dismiss and/or transfer [Dkt. 91], will be briefed according to the following schedule: Defendants must file their pretrial motions on or before May 18, 2017. The Government's opposition briefs must be filed on or before June 29, 2017. Defendants may file reply briefs on or before July 20, 2017. 2. The Court is setting two trial dates in this case. The first date is October 30, 2017, at 10:00 a.m. If the Court severs any defendants, the second trial will be scheduled for January 8, 2018, at 10:00 a.m. All counsel must reserve the two-month period following October 30, 2017, and the two-month period following January 8, 2018, for trial in this case. Counsel with current trial conflicts must keep the Court apprised of any changes to those trial schedules. 3. A schedule for motions in limine, voir dire requests and requests to charge will be set after pretrial motions have been decided. 4. For the reasons stated on the record at the April 6 conference, pursuant to 18 U.S.C § 3161(h)(7)(A), the period of delay between April 6, 2017, and October 30, 2017, is excluded under the Speedy Trial Act. Given the complexity of this case, including the voluminous discovery that needs to be reviewed, the ends of justice served by allowing Defendants sufficient time to review discovery and to prepare for trial outweigh the public's and the Defendants' interests in a speedy trial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/6/2017)(bw) (Entered: 04/06/2017)
4/5/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated April 5, 2017 Document filed by USA. (Podolsky, Matthew) (Entered: 04/05/2017)
4/5/2017JOINT LETTER by Louis Ciminelli, Michael Laipple addressed to Judge Valerie E. Caproni from Daniel C. Oliverio dated April 4, 2017 re: Scheduling issues to be discussed at the Status Conference on April 6, 2017 (Oliverio, Daniel) (Entered: 04/05/2017)
4/5/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Scott W. Iseman, Esq. dated 04/05/2017 re: Brady Scheduling Order . Document filed by Steven Aiello, Joseph Gerardi. Return Date set for 4/6/2017 at 10:00 AM. (Iseman, Scott) (Entered: 04/05/2017)
4/5/2017ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. WHEREAS on April 4, 2017, counsel for Defendant Louis Ciminelli submitted an e-mail transmittal attaching a letter with proposed redactions; IT IS HEREBY ORDERED that the proposed redactions are APPROVED. Counsel must file the April 4 email transmittal and a redacted copy of the letter on ECF. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/5/2017)(bw) (Entered: 04/05/2017)
4/5/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated April 5, 2017 re: scheduling issues . Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 04/05/2017)
4/4/2017 LETTER by Kevin Schuler addressed to Judge Valerie E. Caproni from Terrence M. Connors, Esq. dated April 4, 2017 re: motion schedule and trial date (Connors, Terrence) (Entered: 04/04/2017)
4/4/2017NOTICE OF ATTORNEY APPEARANCE: Katherine Moira Dubyak appearing for Alain Kaloyeros. Appearance Type: Retained. (Dubyak, Katherine) (Entered: 04/04/2017)
4/4/2017 LETTER by Joseph Percoco as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Barry A. Bohrer dated April 4, 2017 re: motion schedule and trial date. Document filed by Joseph Percoco. (Bohrer, Barry) (Entered: 04/04/2017)
3/31/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated March 31, 2017 Document filed by USA. (Podolsky, Matthew) (Entered: 03/31/2017)
3/31/2017NOTICE OF ATTORNEY APPEARANCE: Abigail Flynn Coster appearing for Joseph Percoco. Appearance Type: Retained. (Coster, Abigail) (Entered: 03/31/2017)
3/30/2017MEMO ENDORSEMENT as to Joseph Percoco, Peter Galbraith Kelly, Jr. on re: 134 Letter, filed by Peter Galbraith Kelly, Jr., Joseph Percoco. ENDORSEMENT: Defendants Kelly and Percoco's requests are DENIED. The Government must respond to the bill of particulars requests and re-produce the Energy Company documents according to the schedule set forth in the Government's March 28, 2017, letter. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/30/2017)(ft) (Entered: 04/03/2017)
3/29/2017MEMO ENDORSEMENT granting 140 LETTER MOTION as to Alain Kaloyeros (2). ENDORSEMENT: Application GRANTED. Mr. Kaloyeros and his counsel are advised that the Court intends to set a trial date at the April 6 conference. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/29/2017) (ft) (Entered: 03/30/2017)
3/29/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated March 29, 2017 re: to excuse defendant's personal appearance for the status conference on April 6, 2017 . Document filed by Alain Kaloyeros. (Attachments: # 1 Kaloyeros' Waiver)(Miller, Michael) (Entered: 03/29/2017)
3/29/2017 LETTER by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 3/29/2017 re: in response to the Government's March 28, 2017 letter Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 03/29/2017)
3/28/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Robert L. Boone dated March 28, 2017 re: Responding to the Defendants' March 27, 2017 Letter Document filed by USA. (Boone, Robert) (Entered: 03/28/2017)
3/28/2017SUPPLEMENTAL LETTER by Louis Ciminelli addressed to Judge Valerie E. Caproni from Daniel C. Oliverio dated March 24, 2017 re: motion to excuse personal appearance for 4/6/2017 status conference (Docket #132) (Oliverio, Daniel) (Entered: 03/28/2017)
3/28/2017136SEALED DOCUMENT placed in vault. (mps) (Entered: 03/28/2017)
3/27/2017MEMO ENDORSEMENT granting 132 LETTER MOTION as to Louis Ciminelli (6), Michael Laipple (7), Kevin Schuler (8). ENDORSEMENT: Application GRANTED. The parties are advised that the Court intends to schedule a trial date at the April 6, 2017, conference. The proposed redactions to the March 24, 2017, supplemental letter by Mr. Oliverio are APPROVED. Mr. Oliverio must file a redacted copy of the letter on ECF. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/27/2017) (ft) (Entered: 03/28/2017)
3/27/2017 LETTER by Joseph Percoco, Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 3/27/2017 re: responding to the Governments March 24, 2017 letter regarding the status of discovery Document filed by Joseph Percoco, Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 03/27/2017)
3/24/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni dated March 24, 2017 Document filed by USA. (Podolsky, Matthew) (Entered: 03/24/2017)
3/24/2017JOINT LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel C. Oliverio dated March 24, 2017 re: to excuse defendants' personal appearance for the status conference on April 6, 2017 . Document filed by Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Ciminelli's Waiver, # 2 Laipple's Waiver, # 3 Schuler's Waiver)(Oliverio, Daniel) (Entered: 03/24/2017)
3/24/2017NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Louis Ciminelli, Michael Laipple, Kevin Schuler: Notice to Attorney Oliverio, Daniel to RE-FILE Document 131 JOINT MOTION to excuse defendants' personal appearance for the status conference on April 6, 2017 .. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 03/24/2017)
3/24/2017 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT MOTION to excuse defendants' personal appearance for the status conference on April 6, 2017 . Document filed by Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Ciminelli's Waiver of Appearance, # 2 Laipple's Waiver of Appearance, # 3 Schuler's Waiver of Appearance)(Oliverio, Daniel) Modified on 3/24/2017 (ka). (Entered: 03/24/2017)
3/17/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Janis Echenberg dated 3-17-17 re: Discovery Status Document filed by USA. (Echenberg, Janis) (Entered: 03/17/2017)
3/15/2017ENDORSED LETTER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from AUSA Matthew Podolsky dated March 15, 2017 re: The Government respectfully submits this letter in response to the Court's order dated March 13, 2017 (the "March 13 Order"), which required the Government to respond in its March 17, 2017 discovery update letter to the discovery requests set forth in the defendants' joint letter dated March 10, 2017 (the "March 10 Letter"). Consistent with the March 13 Order, the Government will respond on March 17, 2017 to the significant majority of the inquiries raised in the defendants' various communications, in particular those that are technical and/or document-specific in nature. However, the Government respectfully requests one additional week to respond to the defendants' requests related to (i) Brady material, which will supplement a response already provided by the Government on this topic, as well as (ii) requests by defendants Steven Aiello, Joseph Gerardi and Joseph Percoco for the production of additional discovery (including items not subject to Federal Rule of Evidence 16), as these requests require further analysis that the Government does not expect to be able to complete by Friday, March 17, 2017. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/15/2017)(bw) (Entered: 03/16/2017)
3/15/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from the Government dated March 15, 2017 . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Podolsky, Matthew) (Entered: 03/15/2017)
3/13/2017MEMO ENDORSEMENT granting 126 LETTER MOTION as to Alain Kaloyeros (2). ENDORSEMENT: The Government must respond in their March 17, 2017, letter to Defendants' discovery issues. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/13/2017) (ft) (Entered: 03/13/2017)
3/10/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated March 10, 2017 re: discovery status and request that all open issues be addressed by the Government by March 17, 2017 . Document filed by Alain Kaloyeros as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Miller, Michael) (Entered: 03/10/2017)
3/10/2017125SEALED DOCUMENT placed in vault. (mps) (Entered: 03/10/2017)
3/10/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Janis Echenberg dated 3-10-2017 re: Discovery Status Update Document filed by USA. (Echenberg, Janis) (Entered: 03/10/2017)
3/6/2017LETTER REPLY TO RESPONSE to Motion by Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 02-13-2017 re 98 JOINT LETTER MOTION addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 02-07-2017 re: Sealing of Documents Submitted in Connection with the Buffalo Defendants' Joint Motions (Docket #91-97) .. (Hoover, Timothy) (Entered: 03/06/2017)
3/6/2017DECLARATION of Herbert L. Greenman in Support as to Louis Ciminelli, Michael Laipple, Kevin Schuler re: 91 JOINT MOTION to Dismiss . MOTION to Transfer Case .. (Greenman, Herbert) (Entered: 03/06/2017)
3/6/2017JOINT LETTER MOTION addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 02-07-2017 re: Sealing of Documents Submitted in Connection with the Buffalo Defendants' Joint Motions (Docket #91-97) (redacted in accord with Docket #116) . Document filed by Louis Ciminelli, Michael Laipple, Kevin Schuler. (Hoover, Timothy) (Entered: 03/06/2017)
3/6/2017ENDORSED LETTER as to (16-Cr-776-08) Kevin Schuler addressed to Judge Valerie E. Caproni from Attorney Terrence M. Connors dated March 3, 2017 re: submitted to request that Mr. Schuler be permitted to travel to Florida from April 16 to 21, 2017. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/6/2017)(bw) (Entered: 03/06/2017)
3/3/2017 LETTER by USA as to Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Janis Echenberg dated February 10, 2017 re: Redacted Response to Buffalo Defendants' Motion to File Under Seal Document filed by USA. (Zhou, David) (Entered: 03/03/2017)
3/3/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from David Zhou dated March 3, 2017 re: Discovery Status Document filed by USA. (Zhou, David) (Entered: 03/03/2017)
3/3/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Terrence M. Connors, Esq. dated 03/03/17 re: Travel Request . Document filed by Kevin Schuler. (Connors, Terrence) (Entered: 03/03/2017)
3/1/2017Transmission to Sealed Records Clerk: as to Louis Ciminelli (6), Michael Laipple (7), Kevin Schuler (8). Transmitted re: 116 Endorsed Letter, to the Sealed Records Clerk for the sealing of document(s). (bw) (Entered: 03/02/2017)
3/1/2017ENDORSED LETTER as to Louis Ciminelli (6), Michael Laipple (7), Kevin Schuler (8), addressed to Judge Valerie E. Caproni from Attorney Timothy W. Hoover dated February 21, 2017 re: We are counsel for Defendant Louis Ciminelli. This letter is joinly submitted on behalf of Mr. Ciminelli, Defendant Michael Laipple, and Defendant Kevin Schuler (the "Buffalo Defendants"), in response to the Court's February 16, 2017 Order, entered on February 17, 2017 at Docket # 107. ENDORSEMENT: The parties' proposed redactions are APPROVED, with the exception of the Buffalo Defendants' proposed redactions to the third paragraph of the February 13, 2017, letter. On or before March 6, 2017, Defendants must file the February 13, 2017, letter with the third paragraph unredacted except for the first three words of the third line of the third paragraph, or Defendants must show cause why their proposed redactions to the third paragraph of the February 13 letter are appropriate in light of the presumption of access discussed by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006), The parties must file redacted copies of the documents on ECF and unredacted copies of the documents with the Sealed Records Department of the Southern District of New York. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/1/2017)(bw) (Entered: 03/02/2017)
2/28/2017MEMO ENDORSEMENT granting 114 LETTER MOTION Modification of Bail as to Alain Kaloyeros (2). ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/28/2017) (ft) (Entered: 02/28/2017)
2/28/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Michael C. Miller dated February 28, 2017 re: requesting that Dr. Kaloyeros' bail conditions be modified to permit him to travel within the continental United States, subject to prior notice to Pretrial Services . Document filed by Alain Kaloyeros. (Miller, Michael) (Entered: 02/28/2017)
2/24/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated February 24, 2017 re: Discovery Status Document filed by USA. (Podolsky, Matthew) (Entered: 02/24/2017)
2/24/2017112SEALED DOCUMENT placed in vault. (mps) (Entered: 02/24/2017)
2/24/2017111SEALED DOCUMENT placed in vault. (mps) (Entered: 02/24/2017)
2/22/2017ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. Time excluded from 4/3/2017 until 4/6/2017. IT IS HEREBY ORDERED that the April 3 conference is ADJOURNED to April 6, 2017, at 10:00 a.m., in Courtroom 110 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. If the parties are not available at that time, the parties must jointly confer and propose three alternative, mutually agreeable dates for the status conference. Pursuant to 18 U.S.C. § 3161(h)(7)(A), the period of delay between April 3, 2017, and April 6, 2017, is excluded under the Speedy Trial Act. The complexity of the case, including the voluminous discovery that needs to be produced and reviewed, warrants a delay, and the ends of justice served by the lengthy continuance outweigh the Defendants and the publics interests in a speedy trial. SO ORDERED. (Status Conference set for 4/6/2017 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 2/22/2017)(ft) (Entered: 02/22/2017)
2/17/2017NOTICE OF ATTORNEY APPEARANCE: David Hirsch appearing for Alain Kaloyeros. Appearance Type: Retained. (Hirsch, David) (Entered: 02/17/2017)
2/17/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from David Zhou dated February 17, 2017 re: Discovery Status Document filed by USA. (Zhou, David) (Entered: 02/17/2017)
2/16/2017Transmission to Sealed Records Clerk: as to Louis Ciminelli (6), Michael Laipple (7), Kevin Schuler (8). Transmitted re: 107 Endorsed Letter, to the Sealed Records Clerk for the sealing of document(s). (bw) (Entered: 02/17/2017)
2/16/2017ENDORSED LETTER as to Louis Ciminelli (6), Michael Laipple (7), Kevin Schuler (8), addressed to Judge Valerie E. Caproni from Attorney Timothy W. Hoover dated February 7, 2017 re: We are counsel for Defendant Louis Ciminelli. This letter is submitted on behalf of Mr. Ciminelli, Defendant Michael Laipple (represented by Herbert L. Greenman), and Defendant Kevin Schuler (represented by Terrence M. Connors and James W. Grable, Jr.). ENDORSEMENT: WHEREAS the Buffalo Defendants agree to more limited redactions of the Greenman Declaration, and the Government agrees to the Buffalo Defendants' redactions of the Connors Declaration; WHEREAS the parties dispute the sealing of the Oliverio Declaration; WHEREAS the Court has reviewed the proposed redactions; IT IS HEREBY ORDERED that the Oliverio Declaration will be filed UNDER SEAL. The Buffalo Defendants must submit revised redactions to the Greenman Declaration. The Court APPROVES the redactions to the Connors Declaration. The Court may reverse its decision to seal at the time that the Court decides the Buffalo Defendants' motion to dismiss, and/or, in the alternative, to transfer. IT IS FURTHER ORDERED that the Buffalo Defendants must show cause why the paragraph redactions in this letter are appropriate in light of the presumption of access discussed in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006), when it appears to the Court that portions of the redacted paragraphs do not reflect sensitive information. IT IS FURTHER ORDERED that revised redactions and proposed redactions to the Buffalo Defendants' and Government's letter briefing on this sealing issue must be submitted on or before February 21, 2017. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/16/2017)(bw) (Entered: 02/17/2017)
2/15/2017NOTICE of Change of Address as to Peter Galbraith Kelly, Jr.. New Address: Lankler Siffert & Wohl LLP, 500 Fifth Avenue, 34th Floor, New York, New York, USA 10110, 212-921-8399. (Reitz, Samantha) (Entered: 02/15/2017)
2/15/2017NOTICE OF ATTORNEY APPEARANCE: Samantha Jordan Reitz appearing for Peter Galbraith Kelly, Jr.. Appearance Type: Retained. (Reitz, Samantha) (Entered: 02/15/2017)
2/10/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Janis Echenberg dated 2-10-17 re: Discovery Status Document filed by USA. (Echenberg, Janis) (Entered: 02/10/2017)
2/10/2017ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. IT IS HEREBY ORDERED that the Government's time to respond to the Motion to Dismiss is ADJOURNED sine die pending the establishment of an omnibus briefing schedule for all pretrial motions in the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/10/2017)(ft) (Entered: 02/10/2017)
2/9/2017LETTER RESPONSE in Opposition by Louis Ciminelli, Michael Laipple, Kevin Schuler as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 02/09/2017 re: 100 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 2-9-17 re: 91 JOINT MOTION to Dismiss . MOTION to Transfer Case ., 94 Memorandum in Support of Motion, 97 Memorandum in Support of Motion re:, 101 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 2/9/2017 re: 91 JOINT MOTION to Dismiss . MOTION to Transfer Case . re: requesting that the Court hold the Buffalo M. (Hoover, Timothy) (Entered: 02/09/2017)
2/9/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 2/9/2017 re: 91 JOINT MOTION to Dismiss . MOTION to Transfer Case . re: requesting that the Court hold the Buffalo Motion in abeyance until after the April 3 status conference . Document filed by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Gitner, Daniel) (Entered: 02/09/2017)
2/9/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 2-9-17 re: 91 JOINT MOTION to Dismiss . MOTION to Transfer Case ., 94 Memorandum in Support of Motion, 97 Memorandum in Support of Motion re: Motion Schedule . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Echenberg, Janis) (Entered: 02/09/2017)
2/8/2017MEMO ENDORSEMENT as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler on re: 90 LETTER MOTION addressed to Judge Valerie E. Caproni from Attorney Scott W. Iseman dated February 7, 2017 re: 88 Letter, re: defendants wish to bring certain issues to the Court's attention regarding the status of discovery, as we understand i t, and also to request that the Court instruct the Government to submit a letter that explains the circumstances under which the Government's agent viewed potentially privileged material, the agent's role in the matter and the agent's interactions with the prosecution team. ENDORSEMENT: The Government is directed to include a response to the Defendants' concerns in the Government's next weekly update to the Court on the status of discovery in this matter. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/8/2017)(bw) (Entered: 02/08/2017)
2/7/2017JOINT LETTER MOTION addressed to Judge Valerie E. Caproni from Timothy W. Hoover dated 02-07-2017 re: Sealing of Documents Submitted in Connection with the Buffalo Defendants' Joint Motions (Docket #91-97) . Document filed by Louis Ciminelli, Michael Laipple, Kevin Schuler. (Hoover, Timothy) (Entered: 02/07/2017)
2/7/2017MEMORANDUM in Support by Kevin Schuler as to Louis Ciminelli, Michael Laipple, Kevin Schuler re 91 JOINT MOTION to Dismiss . MOTION to Transfer Case .. (Connors, Terrence) (Entered: 02/07/2017)
2/7/2017DECLARATION of Terrence M. Connors in Support by Kevin Schuler as to Louis Ciminelli, Michael Laipple, Kevin Schuler re: 91 JOINT MOTION to Dismiss . MOTION to Transfer Case .. (Connors, Terrence) (Entered: 02/07/2017)
2/7/2017DECLARATION of Herbert L. Greenman in Support by Michael Laipple as to Louis Ciminelli, Michael Laipple, Kevin Schuler re: 91 JOINT MOTION to Dismiss . MOTION to Transfer Case .. (Greenman, Herbert) (Entered: 02/07/2017)
2/7/2017MEMORANDUM in Support by Louis Ciminelli, Michael Laipple, Kevin Schuler re 91 JOINT MOTION to Dismiss . MOTION to Transfer Case .. (Hoover, Timothy) (Entered: 02/07/2017)
2/7/2017DECLARATION of Daniel C. Oliverio in Support as to Louis Ciminelli, Michael Laipple, Kevin Schuler re: 91 JOINT MOTION to Dismiss . MOTION to Transfer Case .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hoover, Timothy) (Entered: 02/07/2017)
2/7/2017DECLARATION of Timothy W. Hoover in Support as to Louis Ciminelli, Michael Laipple, Kevin Schuler re: 91 JOINT MOTION to Dismiss . MOTION to Transfer Case .. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hoover, Timothy) (Entered: 02/07/2017)
2/7/2017JOINT MOTION to Dismiss ., MOTION to Transfer Case . Document filed by Louis Ciminelli, Michael Laipple, Kevin Schuler. (Hoover, Timothy) (Entered: 02/07/2017)
2/7/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Scott W. Iseman dated February 7, 2017 re: 88 Letter, re: defendants wish to bring certain issues to the Court's attention regarding the status of discovery, as we understand it, and also to request that the Court instruct the Government to submit a letter that explains the circumstances under which the Government's agent viewed potentially privileged material, the agent's role in the matter and the agent's interactions with the prosecution team . Document filed by Joseph Percoco, Steven Aiello as to Steven Aiello, Joseph Gerardi. (Iseman, Scott) (Entered: 02/07/2017)
2/3/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from Janis Echenberg dated 2-3-17 re: Discovery Status Document filed by USA. (Echenberg, Janis) (Entered: 02/03/2017)
2/2/2017MEMO ENDORSEMENT granting 86 LETTER MOTION as to Joseph Percoco (1), Alain Kaloyeros (2), Peter Galbraith Kelly, Jr. (3), Steven Aiello (4), Louis Ciminelli (6), Michael Laipple (7), Kevin Schuler (8). Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/2/2017) (ft) (Entered: 02/02/2017)
2/2/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 2/2/2017 re: requesting that Mr. Kelly's bond be modified to permit him to travel within the continental United States . Document filed by Peter Galbraith Kelly, Jr. as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Gitner, Daniel) (Entered: 02/02/2017)
2/1/2017ENDORSED LETTER as to (16-Cr-776-06) Louis Ciminelli addressed to Judge Valerie E. Caproni from Attorney Jessica A. Masella dated January 31, 2017 re: We respectfully write to request a time for a brief teleconference call with Your Honor. We further request that this letter be filed under seal, as it disclose personal and sensitive information related to Mr. Ciminelli. ENDORSEMENT: Counsel must file this letter on ECF. Request for teleconference GRANTED. Defense counsel must provide a call in number to the Court and the Government for a call to be held at 11:00 a.m. on Thursday, February 2, 2017. The Court will discuss at that time whether this letter and its endorsement should be filed under seal. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/1/2017)(bw) (Entered: 02/03/2017)
1/30/2017ORDER as to Joseph Gerardi. It is hereby ORDERED that the defendant's bail be modified to reduce supervision from Regular Pretrial Services Supervision to Pretrial Services Supervision, as directed. (Signed by Judge Valerie E. Caproni on 1/30/2017)(jw) (Entered: 01/31/2017)
1/27/2017 LETTER by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler addressed to Judge Valerie E. Caproni from the Government dated January 27, 2017 Document filed by USA. (Podolsky, Matthew) (Entered: 01/27/2017)
1/26/2017ORDER as to (16-Cr-776-4) Steven Aiello. It is hereby ORDERED that the defendant's bail be modified to reduce supervision from Regular Pretrial Services Supervision to Pretrial Services Supervision, as directed. SO ORDERED: (Signed by Judge Valerie E. Caproni on 1/26/2017)(bw) (Entered: 01/27/2017)
1/25/2017Set/Reset Deadlines/Hearings as to Joseph Percoco: Status Conference set for 4/3/2017 at 10:00 AM before Judge Valerie E. Caproni. (ft) (Entered: 01/25/2017)
1/25/2017MEMO ENDORSEMENT granting 81 LETTER MOTION as to Joseph Percoco (1). ENDORSEMENT: On or before Friday, January 27, 2017, the Government must file a letter with a revised discovery plan that sets deadlines for the completion of discovery. This letter also must explain why the Government produced electronic documents without the metadata. In addition, the Government must file weekly updates, with the first update due on February 3, 2017, informing this Court what the Government has produced since the last report and whether the Government still is meeting the schedule set forth in discovery plan that will be filed on January 27. The March 1, 2017, status conference is ADJOURNED until April 3, 2017, at 10:00 a.m., in Courtroom 110 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. Pursuant to 18 U.S.C. § 3161(h)(7)(A), the period of delay between March 1, 2017, and April 3, 2017, is excluded under the Speedy Trial Act. The complexity of the case, including the voluminous discovery that needs to be produced and reviewed, warrants a delay, and the ends of justice served by the lengthy continuance outweigh the Defendants' and the publics interests in a speedy trial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/25/2017) (ft) (Entered: 01/25/2017)
1/24/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Andrew D. Gladstein dated January 24, 2017 re: update on the status of discovery and request for adjournment of the March 1, 2017 status conference on behalf of all defendants. . Document filed by Joseph Percoco. (Gladstein, Andrew) (Entered: 01/24/2017)
1/11/2017MEMO ENDORSEMENT granting 79 LETTER MOTION as to Louis Ciminelli (6). ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/11/2017) (ft) (Entered: 01/11/2017)
1/11/2017 LETTER MOTION addressed to Judge Valerie E. Caproni from Jessica A. Masella dated January 11, 2017 re: Mr. Louis Ciminelli's request for modification of his conditional pretrial release . Document filed by Louis Ciminelli. (Masella, Jessica) (Entered: 01/11/2017)
1/6/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. Notice is hereby given that an official transcript of a Arraignment 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: 01/06/2017)
1/6/2017TRANSCRIPT of Proceedings as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler re: Arraignment held on 12/1/16 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Martha Martin, (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 1/27/2017. Redacted Transcript Deadline set for 2/6/2017. Release of Transcript Restriction set for 4/6/2017. (McGuirk, Kelly) (Entered: 01/06/2017)
12/27/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Louis Ciminelli, Michael Laipple, Kevin Schuler. Notice is hereby given that an official transcript of a Presentment proceeding held on 10/3/2016 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. (ft) (Entered: 12/27/2016)
12/27/2016TRANSCRIPT of Proceedings as to Louis Ciminelli, Michael Laipple, Kevin Schuler re: Presentment held on 10/3/2016 before Magistrate Judge Ronald L. Ellis. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973, 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 1/17/2017. Redacted Transcript Deadline set for 1/27/2017. Release of Transcript Restriction set for 3/27/2017. (ft) (Entered: 12/27/2016)
12/21/2016PROTECTIVE ORDER ON CONSENT: as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. On the motion of the United States of America, by the United States Attorney for the Southern District of New York, Preet Bharara, by Assistant United States Attorneys Janis Echenberg, Robert Boone, David Zhou and Matthew Podolsky; and with the consent of the defendants, by and through their counsel; and for good cause shown: IT IS HEREBY ORDERED THAT: 1. The Government will make disclosure to the defendants in this criminal action of documents, objects and information, including electronically stored information ("ESI"), pursuant to Federal Rule of Criminal Procedure 16; Title 18, United States Code, Section 3500; Brady v. Maryland; and/or United States v. Giglio, all of which will be referred to herein as "Disclosure Material." Disclosure Material that the Government intends to provide to all defendants shall be made available simultaneously to the defendants. Disclosure Material that contains (a) personally identifiable information, including tax information, bank or other financial account numbers, social security numbers, dates of birth, home addresses, names of minors, email addresses, and/or personal telephone numbers; (b) information related to medical issues, including records potentially protected by the Health Insurance Portability and Accountability Act; (c) information that is sensitive and not otherwise publicly available (including confidential state government documents, confidential business information, law enforcement sensitive information, including references to potential subjects or targets of investigation, and personal communications between defendants and individuals not named as defendants in this criminal action), will be designated as "Restricted Information," and will be identified as such in transmittal letters and indices accompanying disclosures....[See this Protective Order On Consent]... 10. This Protective Order applies solely to materials produced by the Government and does not apply to materials obtained independently by the Defendants, even if that material is also exchanged in discovery. To the extent that the Disclosure Materials include documents that are or become publicly available (through no fault of the defendants), nothing in this Protective Order shall restrict the use of such publicly available documents. 11. Nothing in this Protective Order shall be deemed an admission of the evidentiary admissibility or inadmissibility of any of the Disclosure Materials in any subsequent proceeding. SO ORDERED: (Signed by Judge Valerie E. Caproni on 12/21/2016)(bw) (Entered: 12/21/2016)
12/20/2016 LETTER MOTION addressed to Judge Valerie E. Caproni from Robert L. Boone dated December 20, 2016 re: Proposed Protective Order . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit)(Boone, Robert) (Entered: 12/20/2016)
12/15/2016MEMO ENDORSEMENT granting 71 LETTER MOTION To request that the Court order that Mr. Ciminelli be permitted to travel to the states of NY, California and Arizona as to Louis Ciminelli...ENDORSEMENT...Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/15/2016) (jw) (Entered: 12/19/2016)
12/15/2016 LETTER MOTION addressed to Judge Valerie E. Caproni from Jessica A. Masella dated December 15, 2016 re: request that the Court order that Mr. Ciminelli be permitted to travel to the states of New York, California, and Arizona (and points in between as necessary to travel back and forth) . Document filed by Louis Ciminelli. (Masella, Jessica) (Entered: 12/15/2016)
12/6/2016MEMO ENDORSEMENT granting 69 LETTER MOTION Permission to Travel as to Peter Galbraith Kelly, Jr. (3). ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/6/2016) (ft) (Entered: 12/06/2016)
12/6/2016 LETTER MOTION addressed to Judge Valerie E. Caproni from Daniel M. Gitner of Lankler Siffert & Wohl LLP dated 12/6/2016 re: requesting that Mr. Kelly be permitted to travel to Texas from December 19 to 28, 2016 . Document filed by Peter Galbraith Kelly, Jr.. (Gitner, Daniel) (Entered: 12/06/2016)
12/1/2016Minute Entry for proceedings held before Judge Valerie E. Caproni: Arraignment as to Joseph Percoco (1) Count 6,7-8,9,10-11 and Alain Kaloyeros (2) Count 1,2,4 and Peter Galbraith Kelly, Jr. (3) Count 9,12 and Steven Aiello (4) Count 1,2,3,9,13,14 and Joseph Gerardi (5) Count 1,2,3,9,13,14 and Louis Ciminelli (6) Count 1,4,5 and Michael Laipple (7) Count 1,4,5 and Kevin Schuler (8) Count 1,4,5 held on 12/1/2016. Plea entered by Joseph Percoco (1) Count 6,7-8,9,10-11 and Alain Kaloyeros (2) Count 1,2,4 and Peter Galbraith Kelly, Jr. (3) Count 9,12 and Steven Aiello (4) Count 1,2,3,9,13,14 and Joseph Gerardi (5) Count 1,2,3,9,13,14 and Louis Ciminelli (6) Count 1,4,5 and Michael Laipple (7) Count 1,4,5 and Kevin Schuler (8) Count 1,4,5 Not Guilty. Defendant Joseph Percoco (1) appeared with his attorneys Barry A. Bohrer, Andrew D. Gladstein and Michael L. Yaeger. Defendant Alain Kaloyeros (2) appeared with his attorneys Michael C. Miller and Jeffrey A. Novack. Defendant Peter Galbraith (3) appeared with his attorneys Dan M. Gitner and Jun Xiang. Defendant Steven Aiello (4) present with his attorney Scott W. Iseman. Defendant Joseph Gerardi (5) appeared with his attorney Milton Williams. Defendant Louis Ciminelli (6) appeared with his attorneys Jessica A. Masella, Daniel C. Oliverio and Timothy W. Hover. Defendant Michael Laipple (7) appeared with his attorney Herbert L. Greenman. Defendant Kevin Schuler (8) appeared with his attorney James W. Grabble, Jr. AUSAs Robert L. Boone, Janis Echenberg, David Zhou and Mathew D. Podolsky present for the Government. Court Reporter Martha Drevis present. The Government informed the Court that the discovery is very voluminous and will be produced in 45 days to defense counsel. All of the defendants were arraigned and entered a plea of not guilty to all counts as charged in the Indictment. The Court will schedule motions and a trial date at the next status conference set for March 1, 2017 @ 2pm. Time is excluded from today until 3-1-17 pursuant to the Speedy Trial Act and in the interest of justice. (see order). Bail continued for all defendants as previously set. (Status Conference set for 3/1/2017 at 02:00 PM before Judge Valerie E. Caproni.) (jbo) (Entered: 12/01/2016)
12/1/2016ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. WHEREAS the parties appeared for an arraignment and initial conference on December 1, 2016; and WHEREAS all defendants were arraigned during the December 1 conference; IT IS HEREBY ORDERED that all parties shall appear for a status conference on March 1, 2017, at 2:00 p.m., in Courtroom 110 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. For the reasons stated on the record at the December 1 conference, pursuant to 18 U.S.C. § 3161(h)(7)(A), the period of delay between December 1, 2016, and March 1, 2017, is excluded under the Speedy Trial Act. The complexity of the case, including the voluminous discovery that needs to be produced and reviewed, warrants a delay, and the ends of justice served by the lengthy continuance outweigh the Defendants' and the public's interests in a speedy trial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/1/2016)(bw) (Entered: 12/01/2016)
12/1/2016NOTICE OF ATTORNEY APPEARANCE: Milton L. Williams, Jr appearing for Joseph Gerardi. Appearance Type: Retained. (Williams, Milton) (Entered: 12/01/2016)
12/1/2016 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF ATTORNEY APPEARANCE: Milton L. Williams, Jr appearing for Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. Appearance Type: Retained. (Williams, Milton) Modified on 12/1/2016 (ka). (Entered: 12/01/2016)
11/30/2016ORDER FOR ADMISSION PRO HAC VICE granting 57 Motion as to Michael Laipple (7); granting 58 Motion for Herbert L. Greenman, Esq. to Appear Pro Hac Vice as to Michael Laipple (7). The motion of HERBERT L. GREENMAN, ESQ., for admission to practice Pro Hac Vice in the above captioned action is GRANTED. (Signed by Judge Valerie E. Caproni on 11/30/2016) (ft) (Entered: 11/30/2016)
11/30/2016NOTICE OF ATTORNEY APPEARANCE Matthew D Podolsky appearing for USA. (Podolsky, Matthew) (Entered: 11/30/2016)
11/30/2016ORDER FOR ADMISSION PRO HAC VICE granting 56 Motion for TERRENCE M. CONNORS, ESQ. to Appear Pro Hac Vice as to Kevin Schuler (8). The motion of TERRENCE M. CONNORS, ESQ., for admission to practice Pro Hac Vice in the above-captioned action is GRANTED. (Signed by Judge Valerie E. Caproni on 11/30/2016) (ft) (Entered: 11/30/2016)
11/30/2016NOTICE OF ATTORNEY APPEARANCE David Zhou appearing for USA. (Zhou, David) (Entered: 11/30/2016)
11/30/2016NOTICE OF ATTORNEY APPEARANCE: Nicholas Anthony Romano appearing for Kevin Schuler. Appearance Type: Retained. (Romano, Nicholas) (Entered: 11/30/2016)
11/30/2016NOTICE OF ATTORNEY APPEARANCE: James William Grable, Jr appearing for Kevin Schuler. Appearance Type: Retained. (Grable, James) (Entered: 11/30/2016)
11/29/2016NOTICE OF ATTORNEY APPEARANCE Robert Lee Boone appearing for USA. (Boone, Robert) (Entered: 11/29/2016)
11/29/2016>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 58 MOTION for Herbert L. Greenman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13035042. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 11/29/2016)
11/29/2016 MOTION for Herbert L. Greenman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13035042. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Laipple. Return Date set for 12/1/2016 at 09:00 AM. (Greenman, Herbert) (Entered: 11/29/2016)
11/29/2016 MOTION for Admission Pro Hac Vice with Attached proposed Order and attached Certificate of Good Standing . Document filed by Michael Laipple. (Greenman, Herbert) (Entered: 11/29/2016)
11/29/2016>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 56 MOTION for Terrence M. Connors to Appear Pro Hac Vice for Kevin Schuler. Filing fee $ 200.00, receipt number 0208-13031487. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 11/29/2016)
11/28/2016 MOTION for Terrence M. Connors to Appear Pro Hac Vice for Kevin Schuler. Filing fee $ 200.00, receipt number 0208-13031487. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Schuler as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Attachments: # 1 Exhibit New York State (4th Dept.) Certificate of Good Standing, # 2 Exhibit Proposed Order for Admission Pro Hac Vice)(Connors, Terrence) (Entered: 11/28/2016)
11/28/2016NOTICE OF ATTORNEY APPEARANCE: Scott Wendtworth Iseman appearing for Steven Aiello. Appearance Type: Retained. (Iseman, Scott) (Entered: 11/28/2016)
11/28/2016NOTICE OF ATTORNEY APPEARANCE: Andrew David Gladstein appearing for Joseph Percoco. Appearance Type: Retained. (Gladstein, Andrew) (Entered: 11/28/2016)
11/28/2016NOTICE OF ATTORNEY APPEARANCE: Michael Lloyd Yaeger appearing for Joseph Percoco. Appearance Type: Retained. (Yaeger, Michael) (Entered: 11/28/2016)
11/28/2016NOTICE OF ATTORNEY APPEARANCE: Timothy William Hoover appearing for Louis Ciminelli. Appearance Type: Retained. (Hoover, Timothy) (Entered: 11/28/2016)
11/23/2016ORDER as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler ( Arraignment set for 12/1/2016 at 10:00 AM before Judge Valerie E. Caproni., Pretrial Conference set for 12/1/2016 at 10:00 AM before Judge Valerie E. Caproni) It is hereby ORDERED that all parties shall appear for an arraignment and initial conference on Thursday, December 1, 2016, at 10:00 a.m., in Courtroom 110 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007 (Signed by Judge Valerie E. Caproni on 11/23/2016)(jw) (Entered: 11/23/2016)
11/23/2016 LETTER MOTION addressed to Judge Valerie E. Caproni from Janis Echenberg dated 11-22-16 re: Scheduling of Arraignment/First Conference and Exclusion of Time . Document filed by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Echenberg, Janis) (Entered: 11/23/2016)
11/22/2016Case Designated ECF as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (jm) (Entered: 11/23/2016)
11/22/2016 INDICTMENT FILED as to Joseph Percoco (1) count(s) 6, 7-8, 9, 10-11, Alain Kaloyeros (2) count(s) 1, 2, 4, Peter Galbraith Kelly, Jr. (3) count(s) 9, 12, Steven Aiello (4) count(s) 1, 2, 3, 9, 13, 14, Joseph Gerardi (5) count(s) 1, 2, 3, 9, 13, 14, Louis Ciminelli (6) count(s) 1, 4, 5, Michael Laipple (7) count(s) 1, 4, 5, Kevin Schuler (8) count(s) 1, 4, 5. (jm) (Entered: 11/23/2016)
10/25/2016ENDORSED LETTER as to Peter Galbraith Kelly, Jr. addressed to Magistrate Judge Sarah Netburn from Daniel M. Gitner, Esq dated 10/21/2016 re: USA v Peter Galbraith Kelly, Jr., 16 Mag 6005. Mr. Gitner respectfully request that the Court modify Mr. Kelly's bail conditions. 1) Allowing him to travel to North Carolina on an ongoing basis, so long as he gives PTS advance notice of the travel and provides details about the dates and method of travel, where he plans to stay, and a telephone number in which he may be reached. Mr. Kelly owns a boat in North Carolina and needs a complete arrangements for the boat to be in charter fishing business. 2) Mr. Kelly requests that he be permitted to travel with his wife to attend to the boat in Beaufort, North Carolina and to visit their son in Columbus, Ohio from October 28 to November 7, 2016. Parts of the trip would be spent driving to and staying various nights in Maryland, North Carolina, Ohio, and New York. Mr. Kelly would provide his exact itinerary to PTS and would return to his home in Connecticut on November 7, 2016. The request to alter Peter Galbraith Kelly, Jr.'s bail conditions to permit him to travel as outlined above, is GRANTED, However, Mr. Kelly must supply his assigned PTS Officer such information, and documentation as She requests, respecting his charter fishing business, prior to traveling as authorized by this memorandum endorsement. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/25/2016)(dif) [1:16-mj-06005-UA] (Entered: 10/25/2016)
10/24/2016ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. Time excluded from 10/24/16 until 11/23/16. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/24/16)(jbo) [1:16-mj-06005-UA] (Entered: 10/25/2016)
10/24/2016AFFIRMATION of Janis Echenberg in Support by USA as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler, the government is requesting a 30-day continuance with respect to Percoco, Kaloyeros, Kelly, Ciminelli, Laipple and Schuler and a 9-day continuance with respect to Aiello and Gerardi until 11/23/16. (jbo) [1:16-mj-06005-UA] (Entered: 10/25/2016)
10/24/2016Rule 5(c)(3) Documents Received as to Steven Aiello, Joseph Gerardi from the United States District Court - Northern District of New York. (dif) [1:16-mj-06005-UA] (Entered: 10/25/2016)
10/17/2016ENDORSED LETTER as to Alain Kaloyeros addressed to Magistrate Judge Henry B. Pitman from Michael Campion Miller, Esq dated 10/17/2016 re: USA v Alain Kaloyeros, 16 Mag 6005. Mr. Campion Miller respectfully request that the Court modify Mr. Kaloyeros' bail conditions to permit him to travel to Pennsylvania for employment purposes. Application Granted, So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 10/17/2016)(dif) [1:16-mj-06005-UA] (Entered: 10/18/2016)
10/14/2016PRB APPEARANCE Bond Entered as to Joseph Gerardi in amount of $100,000. Co-signed by 2 financially responsible persons. Travel restricted to SDNY/EDNY/State of New York. Temporary additional travel upon consent of AUSA & APPROVAL of Pretrial Services. Surrender travel documents (& no new applications). Regular pretrial supervision. Deft to be released on own signature; remaining conditions to be met by: 10/21/2016. Temporary additional travel requires 48 hours notice to PTS. Deft to surrender firearms and firearms licenses; deft not to possess firearms.(gq) [1:16-mj-06005-UA] (Entered: 10/17/2016)
10/14/2016Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses:Initial Appearance as to Joseph Gerardi held on 10/14/2016. Deft appears with atty Stephen Coffey. AUSA Robert Boone present for the gov't. $100,000 PRB. 2 FRP. Travel restricted to to SDNY/EDNY/State of New York. Temporary additional travel upon consent of AUSA & APPROVAL of Pretrial Services. Surrender travel documents (& no new applications). Regular pretrial supervision. Deft to be released on own signature; remaining conditions to be met by: 10/21/2016. Temporary additional travel requires 48 hours notice to PTS. Deft to surrender firearms and firearms licenses; deft not to possess firearms. ( Preliminary Hearing set for 11/14/2016 at 10:00 AM before Judge Unassigned.) (gq) [1:16-mj-06005-UA] (Entered: 10/17/2016)
10/14/2016Surrender of Joseph Gerardi in SDNY. (gq) [1:16-mj-06005-UA] (Entered: 10/17/2016)
10/14/2016PRB APPEARANCE Bond Entered as to Steven Aiello in amount of $100,000. Co-signed by 2 financially responsible persons. Travel restricted to SDNY/EDNY/State of New York. Temporary additional travel upon consent of AUSA & approval of Pretrial Services. Surrender travel documents (& no new applications). Regular pretrial supervision. Deft to be released on own signature; remaining conditions to be met by 10/21/16. Temporary additional travel requires 48 hours notice to PTS.(gq) [1:16-mj-06005-UA] (Entered: 10/17/2016)
10/14/2016Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses:Initial Appearance as to Steven Aiello held on 10/14/2016. Deft appears with atty Stephen Coffey. AUSA Robert Boone present for the gov't. Agreed conditions of release: $100,000 PRB. 2 FRP. Travel restricted to SDNY/EDNY/State of New York. Temporary additional travel upon consent of AUSA & approval of Pretrial Services. Surrender travel documents (& no new applications). Regular pretrial supervision. Deft to be released on own signature; remaining conditions to be met by 10/21/16. Temporary additional travel requires 48 hours notice to PTS.( Preliminary Hearing set for 11/14/2016 at 10:00 AM before Judge Unassigned.) (gq) [1:16-mj-06005-UA] (Entered: 10/17/2016)
10/14/2016NOTICE OF ATTORNEY APPEARANCE: Stephen R. Coffey appearing for Steven Aiello, Joseph Gerardi. (gq) [1:16-mj-06005-UA] (Entered: 10/17/2016)
10/14/2016Surrender of Steven Aiello in SDNY. (gq) [1:16-mj-06005-UA] (Entered: 10/17/2016)
10/13/2016NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr.. Notice is hereby given that an official transcript of a Conference proceeding held on 9/22/16 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) [1:16-mj-06005-UA] (Entered: 10/13/2016)
10/13/2016TRANSCRIPT of Proceedings as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr. re: Conference held on 9/22/16 before Magistrate Judge Sarah Netburn. 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 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/14/2017. (McGuirk, Kelly) [1:16-mj-06005-UA] (Entered: 10/13/2016)
10/5/2016ENDORSED LETTER as to Joseph Percoco addressed to Magistrate Judge Sarah Netburn from deft atty Barry A. Bohrer dated 9/28/2016 re: requesting that the Court modify the conditions of his bond to allow him to travel to the District of New Jersey, where the family of Mr. Percoco's wife resides..ENDORSEMENT: The request is granted. Mr.Percoco's bond conditions are modified, and he may travel to the District of New Jersey. (Signed by Magistrate Judge Sarah Netburn on 9/28/2016)(gq) (Main Document 26 replaced on 10/5/2016) (gq). [1:16-mj-06005-UA] (Entered: 10/05/2016)
10/4/2016ENDORSED LETTER as to Joseph Percoco addressed to Magistrate Judge Sarah Netburn from Andrew D. Gladstein, Esq dated 9/29/2016 re: USA v Joseph Percoco, 16 Mag 6005. Mr. Gladstein respectfully request that the Court extend the deadline one-day so that Mr. Percoco's co-signers may sign the bond tomorrow morning. Application Granted, So Ordered. (Signed by Magistrate Judge Sarah Netburn on 10/4/2016)(dif) [1:16-mj-06005-UA] (Entered: 10/04/2016)
10/3/2016PRB APPEARANCE Bond Entered as to Louis Ciminelli in amount of $300,000. Co-signed by two financially responsible persons. Travel restricted to SDNY/EDNY/ CALIFORNIA, ARIZONA and travel points. Temporary additional travel upon consent of AUSA & approval of Pretrial Services. Surrender travel documents (& no new applications) by 10/5/16. Deft to be released on own signature; remaining conditions to be met by:10/10/16. Surrender firearms. Pretrial supervision as deemed necessary by PTS. ((gq) [1:16-mj-06005-UA] (Entered: 10/05/2016)
10/3/2016Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Initial Appearance as to Louis Ciminelli held on 10/3/2016. Deft appears with atty Jessica Massella. AUSA Robert Boone present for the gov't. $300,000 PRB. 2 FRP. Travel restricted to SDNY/EDNY/ CALIFORNIA, ARIZONA and travel points. Temporary additional travel upon consent of AUSA & approval of Pretrial Services. Surrender travel documents (& no new applications) by 10/5/16. Deft to be released on own signature; remaining conditions to be met by:10/10/16. Surrender firearms. Pretrial supervision as deemed necessary by PTS. ( Preliminary Hearing set for 10/24/2016 at 10:00 AM before Judge Unassigned.) (gq) [1:16-mj-06005-UA] (Entered: 10/05/2016)
10/3/2016NOTICE OF ATTORNEY APPEARANCE: Daniel C. Oliverio appearing for Louis Ciminelli. (gq) [1:16-mj-06005-UA] (Entered: 10/05/2016)
10/3/2016NOTICE OF ATTORNEY APPEARANCE: Jessica Ann Masella appearing for Louis Ciminelli. (gq) [1:16-mj-06005-UA] (Entered: 10/05/2016)
10/3/2016PRB APPEARANCE Bond Entered as to Michael Laipple in amount of $50,000. To be co-signed by two financially persons by 10/10/16. Travel restricted to Continental U.S. and travel. Temporary additional travel upon consent of AUSA and approval of Pretrial Services; Surrender travel documents and no new applications by 10/5/16; deft to be released on own signature; remaining conditions to be met by 10/10/16; Supervision as deemed necessary by PTS. (gq) [1:16-mj-06005-UA] (Entered: 10/05/2016)
10/3/2016Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Initial Appearance as to Michael Laipple held on 10/3/2016. Deft appears with atty Herb Greenman. AUSA Robert Boone present for the gov't. $50,000 PRB. 2 FRP BY 10/10/16. Travel restricted to SDNY/EDNY/Continental U.S & travel. Temporary additional travel upon consent of AUSA & approval of Pretrial Services. Surrender travel documents (& no new applications) by 10/5/16. Deft to be released on own signature; remaining conditions to be met by 10/10/2016. Supervision as deemed necessary by PTS. ( Preliminary Hearing set for 10/24/2016 at 10:00 AM before Judge Unassigned.) (gq) [1:16-mj-06005-UA] (Entered: 10/05/2016)
10/3/2016NOTICE OF ATTORNEY APPEARANCE: Herbert L Greenman appearing for Michael Laipple. (gq) [1:16-mj-06005-UA] (Entered: 10/05/2016)
10/3/2016PRB APPEARANCE Bond Entered as to Kevin Schuler in amount of $50,000. $50,000 PRB. 2 FRP. Travel restricted to SDNY/EDNY/State of N.Y. Temporary additional travel upon consent of AUSA & approval of Pretrial Services. Surrender travel documents (& no new applications) by 10/5/16. Deft to be released on own signature; remaining conditions to be met by; 10/10/2016. Pretrial supervision as deemed necessary by PTS.(gq) [1:16-mj-06005-UA] (Entered: 10/05/2016)
10/3/2016Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Initial Appearance as to Kevin Schuler held on 10/3/2016. Deft appears with atty Terry Conners. AUSA Robert Boone present for the gov't. $50,000 PRB. 2 FRP. Travel restricted to SDNY/EDNY/State of N.Y. Temporary additional travel upon consent of AUSA & approval of Pretrial Services. Surrender travel documents (& no new applications) by 10/5/16. Deft to be released on own signature; remaining conditions to be met by; 10/10/2016. Pretrial supervision as deemed necessary by PTS. ( Preliminary Hearing set for 10/24/2016 at 10:00 AM before Judge Unassigned.) (gq) [1:16-mj-06005-UA] (Entered: 10/05/2016)
10/3/201630NOTICE OF ATTORNEY APPEARANCE: Terrence M. Connors appearing for Kevin Schuler (pro hac vice with application to follow). (gq) [1:16-mj-06005-UA] (Entered: 10/05/2016)
9/29/2016Rule 5(c)(3) Documents Received as to Louis Ciminelli, Michael Laipple, Kevin Schuler from the United States District Court - Western District of New York (Buffalo). (gq) [1:16-mj-06005-UA] (Entered: 09/29/2016)
9/28/2016ENDORSED LETTER as to Joseph Percoco addressed to Magistrate Judge Sarah Netburn from Barry A. Bohner, Esq dated 9/27/2016 re: USA v Joseph Percoco, 16 Mag 6005. Mr. Bahner respectfully request that the Court modify Mr. Percoco's bail conditions to allow him to travel to the District of New Jersey, where the family of Mr. Percoco's Wife resides. Application Granted, So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/28/2016)(dif) [1:16-mj-06005-UA] (Entered: 09/28/2016)
9/28/2016***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Barry A. Bohrer as to Joseph Percoco: to MANUALLY RE-FILE Document Letter, Document No. 22. This case is not ECF. (ka) [1:16-mj-06005-UA] (Entered: 09/28/2016)
9/27/2016 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - LETTER by Joseph Percoco addressed to Magistrate Judge Sarah Netburn from Barry A. Bohrer dated September 27, 2016 re: Defense counsel writes to request the defendants bail conditions concerning travel be modified to permit him to travel to the District of New Jersey where his wifes family resides. (Bohrer, Barry) Modified on 9/28/2016 (ka). [1:16-mj-06005-UA] (Entered: 09/27/2016)
9/22/2016Arrest of Joseph Gerardi in the United States District Court - Northern District of New York. (gq) [1:16-mj-06005-UA] (Entered: 10/17/2016)
9/22/2016PRB APPEARANCE Bond Entered as to Peter Galbraith Kelly, Jr. in amount of $50,000. Co-signed by one FRP. Travel restricted to SDNY/EDNY/State of New York and State of Connecticut. Surrender travel documents (& no new applications). Regular pretrial supervision. Deft not to possess firearm/destructive device/other weapon. Deft to be released on own signature; remaining conditions to be met by: 9/29/2016. Deft is to surrender any firearms within one week. Deft is to surrender his passport by 9/26/16. Deft's wife is to co-sign the bond. (gq) [1:16-mj-06005-UA] (Entered: 09/26/2016)
9/22/2016Minute Entry for proceedings held before Magistrate Judge Sarah Netburn:Initial Appearance as to Peter Galbraith Kelly, Jr. held on 9/22/2016. Deft appears with atty Daniel Gitner. AUSA Janis Echenberg present for the gov't. $50,000 PRB. One FRP. Travel restricted to SDNY/EDNY/State of New York and State of Connecticut. Surrender travel documents (& no new applications). Regular pretrial supervision. Deft not to possess firearm/destructive device/other weapon. Deft to be released on own signature; remaining conditions to be met by: 9/29/2016. Deft is to surrender any firearms within one week. Deft is to surrender his passport by 9/26/16. Deft's wife is to co-sign the bond. ( Preliminary Hearing set for 10/24/2016 at 10:00 AM before Judge Unassigned.) (gq) [1:16-mj-06005-UA] (Entered: 09/26/2016)
9/22/2016Arrest of Peter Galbraith Kelly, Jr. (gq) [1:16-mj-06005-UA] (Entered: 09/26/2016)
9/22/2016NOTICE OF ATTORNEY APPEARANCE: Daniel M. Gitner appearing for Peter Galbraith Kelly, Jr. (gq) [1:16-mj-06005-UA] (Entered: 09/23/2016)
9/22/2016NOTICE OF ATTORNEY APPEARANCE: Jun Xiang appearing for Peter Galbraith Kelly, Jr. (gq) [1:16-mj-06005-UA] (Entered: 09/23/2016)
9/22/2016Arrest of Peter Galbraith Kelly, Jr. (gq) [1:16-mj-06005-UA] (Entered: 09/23/2016)
9/22/2016Arrest of Louis Ciminelli, Michael Laipple, Kevin Schuler in the United States District Court - Western District of New York (Buffalo). (gq) [1:16-mj-06005-UA] (Entered: 10/05/2016)
9/22/2016Arrest of Louis Ciminelli, Michael Laipple, Kevin Schuler in the United States District Court - Western District of New York (Buffalo). (gq) [1:16-mj-06005-UA] (Entered: 09/29/2016)
9/22/2016PRB APPEARANCE Bond Entered as to Joseph Percoco in amount of $100,000. Co-signed by two FRP's. Travel restricted to SDNY/EDNY/District of Connecticut. Surrender travel documents (& no new applications). Regular pretrial supervision. Deft not to possess firearm/destructive device/other weapon. Deft is to surrender any firearms within one week. Deft to be released on own signature; remaining conditions to be met by 9/29/16.(gq) [1:16-mj-06005-UA] (Entered: 09/26/2016)
9/22/2016Minute Entry for proceedings held before Magistrate Judge Sarah Netburn:Initial Appearance as to Joseph Percoco held on 9/22/2016. Deft appears with atty Barry Bohrer. AUSA Janis Echenberg present for the gov't. Deft released on own recognizance. $100,000 PRB. Two FRP's. Travel restricted to SDNY/EDNY/District of Connecticut. Surrender travel documents (& no new applications). Regular pretrial supervision. Deft not to possess firearm/destructive device/other weapon. Deft is to surrender any firearms within one week. Deft to be released on own signature; remaining conditions to be met by 9/29/16. ( Preliminary Hearing set for 10/24/2016 at 10:00 AM before Judge Unassigned.) (gq) [1:16-mj-06005-UA] (Entered: 09/26/2016)
9/22/2016NOTICE OF ATTORNEY APPEARANCE: Barry A. Bohrer appearing for Joseph Percoco. (gq) [1:16-mj-06005-UA] (Entered: 09/23/2016)
9/22/2016Arrest of Joseph Percoco. (gq) [1:16-mj-06005-UA] (Entered: 09/23/2016)
9/22/2016PRB APPEARANCE Bond Entered as to Alain Kaloyeros in amount of $300,000. Co-signed by one FRP. Secured by $50,000.00 cash/property. Travel restricted to SDNY/EDNY/State of New York and State of New Jersey. Surrender travel documents (& no new applications). Regular Pretrial supervision. Deft to be released on own signature; Remaining conditions to be met by: 9/29/2016. The bond is to be signed by the defendant's wife.(gq) [1:16-mj-06005-UA] (Entered: 09/26/2016)
9/22/2016Minute Entry for proceedings held before Magistrate Judge Sarah Netburn:Initial Appearance as to Alain Kaloyeros held on 9/22/2016. Deft appears with atty Michael Miller. AUSA Janis Echenberg present for the gov't. $300,000 PRB. One FRP. Secured by $50,000.00 cash/property. Travel restricted to SDNY/EDNY/State of New York and State of New Jersey. Surrender travel documents (& no new applications). Regular Pretrial supervision. Deft to be released on own signature; Remaining conditions to be met by: 9/29/2016. The bond is to be signed by the defendant's wife. ( Preliminary Hearing set for 10/24/2016 at 10:00 AM before Judge Unassigned.) (gq) [1:16-mj-06005-UA] (Entered: 09/26/2016)
9/22/2016PROPOSED ORDER as to Alain Kaloyeros...that deft Alain Kaloyeros may received from counsel a change of clothes consisting of a white shirt and a sweater, and may change into those clothes before appearing in Court for his arraignment. (Signed by Magistrate Judge Sarah Netburn on 9/22/2016)(gq) [1:16-mj-06005-UA] (Entered: 09/23/2016)
9/22/2016NOTICE OF ATTORNEY APPEARANCE: Jeffrey Adam Novack appearing for Alain Kaloyeros. (gq) [1:16-mj-06005-UA] (Entered: 09/23/2016)
9/22/2016NOTICE OF ATTORNEY APPEARANCE: Michael Campion Miller appearing for Alain Kaloyeros. (gq) [1:16-mj-06005-UA] (Entered: 09/23/2016)
9/22/2016Arrest of Alain Kaloyeros. (gq) [1:16-mj-06005-UA] (Entered: 09/23/2016)
9/22/2016Arrest of Steven Aiello in the United States District Court - Northern District of New York. (gq) [1:16-mj-06005-UA] (Entered: 10/17/2016)
9/22/2016Order to Unseal Case as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Signed by Magistrate Judge Sarah Netburn on 9/22/2016)(gq) [1:16-mj-06005-UA] (Entered: 09/26/2016)
9/20/2016SEALED COMPLAINT as to Joseph Percoco (1), Alain Kaloyeros (2), Peter Galbraith Kelly, Jr. (3), Steven Aiello (4), Joseph Gerardi (5), Louis Ciminelli (6), Michael Laipple (7), Kevin Schuler (8) in violation of 18 U.S.C. 666, 1001, 1349, 1951, and 2. (Signed by Magistrate Judge Gabriel W. Gorenstein) (gq) [1:16-mj-06005-UA] (Entered: 09/23/2016)
9/20/2016Order to Seal Case as to Joseph Percoco, Alain Kaloyeros, Peter Galbraith Kelly, Jr., Steven Aiello, Joseph Gerardi, Louis Ciminelli, Michael Laipple, Kevin Schuler. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/20/2016)(gq) [1:16-mj-06005-UA] (Entered: 09/23/2016)