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USA v. Tanner et al

1:17-cr-00061 | New York Southern District Court

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Division Foley Square
Judge Judge Loretta A. Preska
Filed Jan. 26, 2017
Terminated Nov. 27, 2018
Case Flags CLOSED, APPEAL, and ECF
Last Updated: 1 month, 1 week ago Show Interactive Timeline
Filing Date # Docket Text
2/12/2025RESTORATION OF FORFEITED FUNDS RECEIVED. Restoration payment remitted by Andrew Davenport from U.S. Marshals Service, in the amount of $3,755,345.63, received by the Clerk's Office on 2/12/2025 to be applied to Restitution. (ehn) (Entered: 02/12/2025)
11/21/2024
  • Order
FINAL ORDER OF FORFEITURE as to Andrew Davenport. (Signed by Judge Loretta A. Preska on 11/21/2024) (See ORDER as set forth) (lnl) (Entered: 11/21/2024)
11/15/2024DECLARATION of Tara La Morte in Support by USA as to Andrew Davenport re: 297 SECOND LETTER MOTION addressed to Judge Loretta A. Preska from Tara La Morte dated November 15, 2024 re: Final Order of Forfeiture .. (La Morte, Tara) (Entered: 11/15/2024)
11/15/2024SECOND LETTER MOTION addressed to Judge Loretta A. Preska from Tara La Morte dated November 15, 2024 re: Final Order of Forfeiture . Document filed by USA as to Andrew Davenport. (Attachments: # 1 Proposed Order Text of Proposed Order)(La Morte, Tara) (Entered: 11/15/2024)
3/30/2022STIPULATION AND ORDER as to Andrew Davenport. [**See attached Order.] (Signed by Judge Loretta A. Preska on 3/30/22)(jbo) (Entered: 03/31/2022)
3/30/2022 LETTER by USA as to Andrew Davenport addressed to Judge Loretta A. Preska Document filed by USA. (Attachments: # 1 Exhibit)(Cooper, Richard) (Entered: 03/30/2022)
3/8/2022
  • OrderGranted
MEMO ENDORSEMENT granting 293 LETTER MOTION filed by Andrew Davenport (2), addressed to Judge Loretta A. Preska from Attorney Sharon L. McCarthy dated 03/08/2022 re: Termination of Bail and Exoneration of Bond.... Accordingly, we respectfully request that the Court order the termination of Mr. Davenport's bail conditions and the exoneration of his personal recognizance bond. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 3/8/2022) (bw) (Entered: 03/08/2022)
3/8/2022
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Sharon L. McCarthy dated 03/08/2022 re: Termination of Bail and Exoneration of Bond . Document filed by Andrew Davenport. (McCarthy, Sharon) (Entered: 03/08/2022)
2/28/2022
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport on 291 LETTER by USA as to Andrew Davenport addressed to Judge Loretta A. Preska. ENDORSEMENT: SO ORDERED. (Responses due by 3/18/2022. Replies due by 4/1/2022.) (Signed by Judge Loretta A. Preska on 2/28/2022) (lnl) (Entered: 02/28/2022)
2/28/2022 LETTER by USA as to Andrew Davenport addressed to Judge Loretta A. Preska Document filed by USA. (Cooper, Richard) (Entered: 02/28/2022)
2/2/2022Set/Reset Deadlines as to Gary Tanner, Andrew Davenport: Responses due by 2/25/2022. Replies due by 3/11/2022. (ap) (Entered: 02/02/2022)
2/2/2022
  • Order
MEMO ENDORSEMENT as to Gary Tanner (1), Andrew Davenport (2) on289 LETTER MOTION addressed to Judge Loretta A. Preska from Seetha Ramachandran dated 2/2/2022 re: Request for Adjournment of the briefing schedule. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 2/2/2022) (ap) (Entered: 02/02/2022)
2/2/2022
  • Motion
LETTER MOTION addressed to Judge Loretta A. Preska from Seetha Ramachandran dated 2/2/2022 re: Request for Adjournment of the briefing schedule . Document filed by Kristin Davenport as to Gary Tanner, Andrew Davenport. (Ramachandran, Seetha) (Entered: 02/02/2022)
1/21/2022
  • Order
MEMO ENDORSEMENT as to Andrew Davenport on re: 287 LETTER by USA as to Andrew Davenport addressed to Judge Loretta A. Preska re: Adjournment request. ENDORSEMENT: SO ORDERED. (Responses due by 2/4/2022. Replies due by 2/18/2022) (Signed by Judge Loretta A. Preska on 1/21/2022) (ap) (Entered: 01/21/2022)
1/21/2022 LETTER by USA as to Andrew Davenport addressed to Judge Loretta A. Preska re: Adjournment request Document filed by USA. (Cooper, Richard) (Entered: 01/21/2022)
1/7/2022
  • Order
MEMO ENDORSEMENT as to Andrew Davenport re: 285 Letter Adjournment request... ENDORSEMENT: SO ORDERED. (Replies due by 2/4/2022. Responses due by 1/21/2022) (Signed by Judge Loretta A. Preska on 1/7/22)(jbo) (Entered: 01/07/2022)
1/7/2022 LETTER by USA as to Andrew Davenport addressed to Judge Loretta A. Preska re: Adjournment request Document filed by USA. (Cooper, Richard) (Entered: 01/07/2022)
12/29/2021
  • Order
FINAL ORDER OF FORFEITURE as to Andrew Davenport. (Signed by Judge Loretta A. Preska on 12/29/2021) (See ORDER set forth) (ap) (Entered: 12/29/2021)
12/28/2021DECLARATION of Richard Cooper in Support by USA as to Andrew Davenport re: 282 LETTER MOTION addressed to Judge Loretta A. Preska from Richard Cooper re: Final Order of Forfeiture .. (Cooper, Richard) (Entered: 12/28/2021)
12/28/2021
  • Motion
LETTER MOTION addressed to Judge Loretta A. Preska from Richard Cooper re: Final Order of Forfeiture . Document filed by USA as to Andrew Davenport. (Attachments: # 1 Text of Proposed Order)(Cooper, Richard) (Entered: 12/28/2021)
12/28/2021SERVICE BY PUBLICATION as to Andrew Davenport. A Notice of Criminal Forfeiture was published in the www.forfeiture.gov on November 29, 2018 through December 28, 2018. Document filed by USA as to Andrew Davenport. (Cooper, Richard) (Entered: 12/28/2021)
12/21/2021
  • Order
FINAL ORDER OF FORFEITURE as to (S1 17-Cr-61) Gary Tanner. WHEREAS, on or about October 31, 2028, this Court entered a Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment (the "Preliminary Order of Forfeiture") (D.E. 210), which ordered the forfeiture to the United States of all right, title and interest of GARY TANNER (the "Defendant") in the following properties:...[*** See this Final Order of Forfeiture ***]... NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. All right, title and interest in the Specific Property is hereby forfeited and vested in the United States of America, and shall be disposed of according to law. 2. Pursuant to Title 21, United States Code, Section 853(n)(7) the United States of America shall and is hereby deemed to have clear title to the Specific Property. 3. The United States Marshals Service (or its designee) shall take possession of the Specific Property and dispose of the same according to law, in accordance with Title 21, United States Code, Section 853(h). SO ORDERED: (Signed by Judge Loretta A. Preska on 12/21/2021)(bw) (Entered: 12/21/2021)
12/20/2021DECLARATION of Richard Cooper in Support by USA as to Gary Tanner re: 278 LETTER MOTION addressed to Judge Loretta A. Preska from Richard Cooper re: Final Order of Forfeiture .. (Cooper, Richard) (Entered: 12/20/2021)
12/20/2021
  • Motion
LETTER MOTION addressed to Judge Loretta A. Preska from Richard Cooper re: Final Order of Forfeiture . Document filed by USA as to Gary Tanner. (Attachments: # 1 Text of Proposed Order)(Cooper, Richard) (Entered: 12/20/2021)
12/20/2021SERVICE BY PUBLICATION as to Gary Tanner. A Notice of Criminal Forfeiture was published in the www.forfeiture.gov on Nov. 29, 2018 to December 28, 2018. Document filed by USA as to Gary Tanner. (Cooper, Richard) (Entered: 12/20/2021)
12/17/2021
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport... ENDORSEMENT: SO ORDERED. (Replies due by 1/21/2022. Responses due by 1/7/2022) (Signed by Judge Loretta A. Preska on 12/17/21)(jbo) (Entered: 12/17/2021)
12/17/2021 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska Document filed by USA. (Cooper, Richard) (Entered: 12/17/2021)
12/10/2021
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport on re: 273 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska. ENDORSEMENT: SO ORDERED. (Responses due by 12/17/2021. Replies due by 1/5/2022) (Signed by Judge Loretta A. Preska on 12/10/2021) (ap) (Entered: 12/10/2021)
12/10/2021 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska Document filed by USA. (Cooper, Richard) (Entered: 12/10/2021)
11/19/2021
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport on re: 271 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska. ENDORSEMENT: SO ORDERED. (Responses due by 12/10/2021. Replies due by 12/29/2021) (Signed by Judge Loretta A. Preska on 11/19/2021) (ap) (Entered: 11/19/2021)
11/19/2021 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska Document filed by USA. (Cooper, Richard) (Entered: 11/19/2021)
10/29/2021
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport on re: 269 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska dated October 28, 2021 re: The Government respectfully writes to request a three-week adjournment of the briefing schedule for Kristin Davenport's petition for an ancillary proceeding to assert her interest in certain property which has been ordered to be forfeited to the United States (the "Petition").... the Government's response would be due on November 19, 2021 and Ms. Davenport's reply would be due on December 3, 2021. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 10/29/2021)(bw) (Entered: 11/01/2021)
10/28/2021 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska Document filed by USA. (Cooper, Richard) (Entered: 10/28/2021)
10/6/2021
  • Order
MEMO ENDORSEMENT as to Andrew Davenport on re: 267 Petition in Response to Forfeiture Order filed by Kristin Davenport To Adjudicate Interest in Property Pursuant to 21 USC 853(n)....ENDORSEMENT...The Government shall respond to this application no later than October 29, 2021. Ms. Davenport may reply no later than November 12, 2021 (Ms. Davenport Replies due by 11/12/2021., Government Responses due by 10/29/2021) (Signed by Judge Loretta A. Preska on 10/6/21)(jw) (Entered: 10/06/2021)
10/5/2021 PETITION IN RESPONSE TO FORFEITURE ORDER by Kristin Davenport as to Gary Tanner, Andrew Davenport (VERIFIED PETITION OF KRISTIN DAVENPORT TO ADJUDICATE INTEREST IN PROPERTY PURSUANT TO 21 U.S.C. � 853(n)). (Ramachandran, Seetha) (Entered: 10/05/2021)
9/22/2021
  • Order
MEMO ENDORSEMENT as to Gary Tanner (1) 265 LETTER MOTION addressed to Judge Loretta A. Preska from Seetha Ramachandran dated September 21, 2021 re: Request for Adjournment to File Petition to Property. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 9/22/2021) (ap) (Entered: 09/22/2021)
9/21/2021
  • Motion
LETTER MOTION addressed to Judge Loretta A. Preska from Seetha Ramachandran dated September 21, 2021 re: Request for Adjournment to File Petition to Property . Document filed by Kristin Davenport as to Gary Tanner, Andrew Davenport. (Ramachandran, Seetha) (Entered: 09/21/2021)
9/21/2021NOTICE of Appearance of Seetha Ramachandran on behalf of Third-Party Petitioner, Kristin Davenport as to Gary Tanner, Andrew Davenport (Ramachandran, Seetha) (Entered: 09/21/2021)
5/5/2021INTERNET CITATION NOTE as to Andrew Davenport: Material from decision with Internet citation re: 261 Order. (sjo) (Entered: 05/05/2021)
5/5/2021INTERNET CITATION NOTE as to Gary Tanner: Material from decision with Internet citation re: 260 Order. (sjo) (Entered: 05/05/2021)
3/25/2021AMENDED PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Andrew Davenport. (Signed by Judge Loretta A. Preska on 3/25/2021) (See ORDER as set forth) (Three (3) certified copies of this ORDER were forwarded to AUSA Alexander Wilson) (lnl) (Entered: 03/25/2021)
3/25/2021AMENDED PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Gary Tanner. (Signed by Judge Loretta A. Preska on 3/25/2021) (See ORDER as set forth) (Three (3) certified copies of this ORDER were forwarded to AUSA Alexander Wilson) (lnl) (Entered: 03/25/2021)
3/25/2021
  • Order
AMENDED ORDER OF RESTITUTION as to Gary Tanner, Andrew Davenport: Gary Tanner and Andrew Davenport, the Defendants, shall pay restitution in the total amount of $3,885,683.35, pursuant to 18 U.S.C. �� 3663 and 3663A, to Bausch Health Companies, Inc. (f/k/a Valeant Pharmaceuticals Inc.), the victim of the offenses charged in Counts One through Four. Restitution is joint and several for Defendants Gary Tanner and Andrew Davenport. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/25/2021) (See ORDER as set forth) (lnl) (Entered: 03/25/2021)
3/24/2021 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska re: Restitution and forfeiture Document filed by USA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cooper, Richard) (Entered: 03/24/2021)
7/1/2020TRANSFER OUT SUPERVISED RELEASE DOCUMENTS SENT as to (17-Cr-61-1) Gary Tanner to the U.S.D.C. - District of Arizona. Certified copies of the following documents were mailed: 1) Transfer of Jurisdiction Form [doc.#257], 2) Judgment [doc.#222], (3) S1 Superseding Indictment [doc.#66], 4) Docket Sheet; and letter of acknowledgment. Mailed via U.S. Postal Service, Certified Mail # 7017-3040-0000-9027-5935 on July 1, 2020. (bw) (Entered: 07/01/2020)
6/30/2020Supervised Release Jurisdiction Transferred Out to the U.S.D.C. - District of Arizona as to (17-Cr-61-1) Gary Tanner. [*** NOTE: This Prob 22 Form signed by Judge Loretta A. Preska on June 22, 2020. Signed by Receiving Court Judge on June 25, 2020. ***] (bw) (Entered: 06/30/2020)
6/22/2020PROBATION FORM PETITION as to Gary Tanner.. The Court Orders: Transfer of Jurisdiction to the District of Arizona APPROVED (Signed by Judge Loretta A. Preska on 6/22/2020)(jw) (Entered: 06/22/2020)
4/9/2020
  • Order
ORDER as to Andrew Davenport: The Government has described the measures in place in the BOP in general and at FCI Schuylkill in particular to avoid the spread of COVID-19 within BOP facilities. The Warden reports that there are no current cases of COVID-19 at Schuylkill but that Haverford, the town in which Mr. Davenport proposes to be released, has one of the highest rates of COVID-19 infection in the Commonwealth of Pennsylvania. There is no suggestion that Mr. Davenport poses a danger to the community or a risk of flight. Based on Mr. Davenport's relative youth and the facts that his medical conditions are well-controlled, that there are no COVID-19 cases at Schuylkill, and that Haverford has a high infection rate for COVID-19, the Court finds that Mr. Davenport has not demonstrated extraordinary and compelling reasons for release pursuant to 18 USC section 3582(c)(1)(A). Accordingly, the motion (dkt. no. 251) is denied. (Signed by Judge Loretta A. Preska on 4/9/2020) (ap) (Entered: 04/09/2020)
4/7/2020
  • Reply
REPLY TO RESPONSE to Motion by Andrew Davenport re 251 MOTION for Release from Custody .. (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)(Ketcham, Brian) (Entered: 04/07/2020)
4/6/2020 LETTER by USA as to Andrew Davenport addressed to Judge Loretta A. Preska from Richard Cooper Document filed by USA. (Attachments: # 1 Exhibit A)(Cooper, Richard) (Entered: 04/06/2020)
3/23/2020
  • Order
ORDER as to Andrew Davenport. The Government is directed to respond to Mr. Davenport's motion to modify his sentence [dkt. no. 251] by letter no later than April 6, 2020. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/23/2020)(jbo) (Entered: 03/24/2020)
3/20/2020
  • Motion
MOTION for Release from Custody . Document filed by Andrew Davenport. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ketcham, Brian) (Entered: 03/20/2020)
2/5/2020
  • OrderGranted
MEMO ENDORSEMENT as to Andrew Davenport (2) granting 249 LETTER MOTION addressed to Judge Loretta A. Preska from Sharon L. McCarthy dated 2/4/2020 re: return of passport. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 2/5/2020) (lnl) (Entered: 02/05/2020)
2/4/2020
  • Motion
LETTER MOTION addressed to Judge Loretta A. Preska from Sharon L. McCarthy dated 2/4/2020 re: return of passport . Document filed by Andrew Davenport. (Ketcham, Brian) (Entered: 02/04/2020)
1/6/2020
  • Order
MEMO ENDORSEMENT as to Andrew Davenport (2) on 247 LETTER MOTION addressed to Judge Loretta A. Preska from Sharon L. McCarthy dated January 6, 2020 re: Adjourn Andrew Davenport's Surrender date to January 21, 2020. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 1/6/2020) (ap) (Entered: 01/06/2020)
1/6/2020
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Sharon L. McCarthy dated January 6, 2020 re: Adjourn Andrew Davenport's Surrender date to January 21, 2020 . Document filed by Andrew Davenport as to Gary Tanner, Andrew Davenport. (McCarthy, Sharon) (Entered: 01/06/2020)
12/10/2019ENDORSED LETTER as to Andrew Davenport addressed to Judge Loretta A. Preska from Sharon L. McCarthy, dated 12/5/2019 re: Counsel writes to request that Andrew Davenport be permitted to surrender to the Bureau of Prisons to begin serving his sentence on January 7, 2020. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 12/5/2019) (lnl) (Entered: 12/10/2019)
12/5/2019Transmission of USCA Mandate to the District Judge re: [245] USCA Mandate. (nd) (Entered: 12/05/2019)
12/4/2019***Case Reopened as to Gary Tanner, Andrew Davenport.. (nd) (Entered: 12/12/2019)
12/4/2019MANDATE of USCA (Certified Copy) as to Gary Tanner, Andrew Davenport re: 238 Notice of Appeal, 227 Notice of Appeal, 239 Notice of Appeal, 228 Notice of Appeal. USCA Case Number 18-3598(L), 18-3601(CON), 19-294(CON), 19-356(CON). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the convictions of both Davenport and Tanner are AFFIRMED, the restitution order of the district court is VACATED in part and REMANDED with instructions to employ a sound methodology in determining Valeants actual loss, and the forfeiture orders of the district court are VACATED in part and REMANDED with instructions to amend the judgments so that the defendants are required jointly and severally to forfeit a total of no more than $9,703,995.33.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/04/2019. (Attachments: # 1 Opinion)(nd) (Entered: 12/05/2019)
11/20/2019
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport on 243 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 11/20/2019) (lnl) (Entered: 11/20/2019)
11/18/2019 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska Document filed by USA. (Cooper, Richard) (Entered: 11/18/2019)
11/4/2019
  • Order
ORDER as to Gary Tanner, Andrew Davenport: Counsel shall confer and inform the Court by letter no later than November 18 how they propose to proceed. (Signed by Judge Loretta A. Preska on 11/4/2019) (ap) (Entered: 11/04/2019)
10/31/2019Transmission of USCA Opinion to the District Judge re: [241] USCA Opinion. (nd) (Entered: 10/31/2019)
10/31/2019OPINION of USCA (certified copy) as to GARY TANNER, ANDREW DAVENPORT, re: 239 Notice of Appeal, 228 Notice of Appeal, 238 Notice of Appeal. USCA Case Number 18-3598-cr(L), 18-3601-cr(CON), 19-294-cr(CON), 19-356-cr(CON). Defendants Andrew Davenport and Gary Tanner were convicted after a jury trial in the United States District Court for the Southern District of New York (Preska, J.) of honest services fraud and honest services fraud conspiracy, conspiracy to violate the Travel Act, and conspiracy to commit money laundering. In addition to challenging their convictions, the defendants challenge the restitution and forfeiture orders entered against them. We affirm the defendants' convictions, but we conclude that the District Court (1) failed to employ a sound methodology to determine the victim's actual loss for restitution, and (2) erred in ordering forfeiture of an amount that exceeded the amount of the criminal proceeds. We also hold that, under the circumstances of this case, Honeycutt v. United States, 137 S. Ct. 1626 (2017), does not foreclose ordering the defendants jointly and severally to forfeit the proceeds each possessed as a result of their crimes. Accordingly, the convictions are AFFIRMED, the restitution order of the District Court is VACATED in part and REMANDED with instructions to employ a sound methodology in determining actual victim loss, and the forfeiture orders are VACATED in part and REMANDED with instructions to amend the judgments so that the defendants are required jointly and severally to forfeit a total of no more than $9,703,995.33. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 10/31/2019. (nd) (Entered: 10/31/2019)
4/17/2019240SEALED DOCUMENT placed in vault. (mhe) (Entered: 04/17/2019)
2/8/2019Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Gary Tanner re: 239 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp) (Entered: 02/08/2019)
2/8/2019Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Gary Tanner to US Court of Appeals re: 239 Notice of Appeal. (tp) (Entered: 02/08/2019)
2/8/2019NOTICE OF APPEAL by Gary Tanner from 236 Order. Filing fee $ 505.00, receipt number 465401228405. (tp) (Entered: 02/08/2019)
1/31/2019Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Andrew Davenport re: 238 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp) (Entered: 01/31/2019)
1/31/2019Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Andrew Davenport to US Court of Appeals re: 238 Notice of Appeal. (tp) (Entered: 01/31/2019)
1/31/2019NOTICE OF APPEAL by Andrew Davenport from 236 Order. Filing fee $ 505.00, receipt number 465401227961. (tp) (Entered: 01/31/2019)
1/30/2019
  • Order
MEMO ENDORSEMENT as to Andrew Davenport on re: 235 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from AUSAs Richard Cooper / Amanda Kramer, dated January 28, 2019 re: The Government respectfully writes pursuant to the order of the United States Court of Appeals for the Second Circuit, dated January 28, 2019, granting defendant Andrew Davenport's motion for bail pending appeal on such terms as this Court shall fix. The Government submits that the defendant's previously ordered bail conditions should be continued pending resolution of his appeal. Counsel for the defendant consents to this request. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 1/29/2019)(bw) (Entered: 01/30/2019)
1/30/2019RESTITUTION ORDER as to Gary Tanner, Andrew Davenport. On May 22, 2018, a jury convicted Gary Tanner ("Tanner") and Andrew Davenport ("Davenport") (collectively, "Defendants") of honest services wire fraud conspiracy, honest services wire fraud, Travel Act conspiracy, and money laundering conspiracy. Defendants were sentenced on October 30, 2018. The Court deferred its determination of restitution for up to 90 days after sentencing, as permitted by 18 U.S.C. § 3664(d)(5), and gave the parties two days beyond the 90 days to inform the Court of their desired redactions to the publicly filed version of the Restitution Order. "Such an extension beyond the ninety-day statutory period is permitted where, as here, the extension causes no actual prejudice to the defendant." United States v. Gupta, 925 F. Supp. 2d 581, 584 (S.D.N.Y. 2013) (citing United States v. Douglas, 525 F.3d 225, 252-53 (2d Cir. 2008)), aff'd,747 F.3d 111 (2d Cir. 2014). Before the Court is the Government's request, pursuant to the Mandatory Victims Restitution Act ("MVRA"), 18 U.S.C. § 3663A, that Bausch Health Companies, Inc. (f/k/a Valeant Pharmaceuticals Inc.) (herein, "Valeant" or the "company"), be awarded restitution in the amount of $15,466,364.46. (Government's Restitution Letter ("Dec. 11 Govt. Ltr."), dated Dec. 11, 2018 [dkt. no. 229], 1; Valeant's Victim Letter ("Dec. 10 Victim Ltr."), dated Dec. 10, 2018 [dkt. no. 229-1), 1.)(See Footnote 1 on this Restitution Order). For the reasons stated herein, the Government's request for restitution on behalf of Valeant is granted in part and denied in part [dkt. no. 201). Defendants are ordered, jointly and severally, to pay Valeant a total of $11,855,683.35 in restitution....[See this Restitution Order]... IV. CONCLUSION: For the reasons stated herein, the Government's request for restitution on behalf of Valeant is granted in part and denied in part [dkt. no. 201]. Defendants are ordered, jointly and severally, to pay Valeant a total of $11,855,683.35 in restitution. Defendants shall make payments at a rate of no less than 20 percent of their gross monthly income. Payments shall begin 30 days after the release from custody. Payments shall be made to the Clerk of the Court, Southern District of New York, 500 Pearl Street, New York, NY 10007. From time to time, the Clerk of the Court shall make payments to Valeant. (Tanner Judgment at 9; Davenport Judgment at 9.) SO ORDERED. (Signed by Judge Loretta A. Preska on 1/30/2019)(bw) (Entered: 01/30/2019)
1/28/2019 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska Document filed by USA. (Cooper, Richard) (Entered: 01/28/2019)
1/28/2019
  • Order
ORDER of USCA (Certified Copy) as to Andrew Davenport re: 228 Notice of Appeal. USCA Case Number 18-3598; 18-3601. Upon due consideration of Defendant-Appellant Andrew Davenport's Motion for Bail Pending Appeal and the Government's opposition thereto, it is hereby ORDERED that the motion for bail is GRANTED on such terms as the District Court shall fix. This appeal is expedited. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 1/28/2019. (nd) (Entered: 01/28/2019)
1/10/2019232SEALED DOCUMENT placed in vault. (mhe) (Entered: 01/10/2019)
12/21/2018 LETTER by Andrew Davenport addressed to Judge Loretta A. Preska from Sharon L. McCarthy dated December 21, 2018 re: Restitution Claim (Attachments: # 1 Exhibit A (redacted))(McCarthy, Sharon) (Entered: 12/21/2018)
12/17/2018ENDORSED LETTER as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska, from Sharon L. McCarthy dated 12/14/2018 re: Defense counsel writes to request that they be permitted to file their reply by 12/21/2018. ENDORSEMENT: SO ORDERED. (Replies due by 12/31/2018) (Signed by Judge Loretta A. Preska on 12/17/2018) (ap) (Entered: 12/17/2018)
12/11/2018 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska re: Restitution Document filed by USA. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Cooper, Richard) (Entered: 12/11/2018)
11/30/2018Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Andrew Davenport re: 228 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 11/30/2018)
11/30/2018Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Andrew Davenport to US Court of Appeals re: 228 Notice of Appeal - Final Judgment. (tp) (Entered: 11/30/2018)
11/30/2018NOTICE OF APPEAL by Andrew Davenport from 224 Judgment. Filing fee $ 505.00, receipt number 465401223687. (tp) (Entered: 11/30/2018)
11/30/2018Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Gary Tanner re: 227 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 11/30/2018)
11/30/2018Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Gary Tanner to US Court of Appeals re: 227 Notice of Appeal - Final Judgment. (tp) (Entered: 11/30/2018)
11/30/2018NOTICE OF APPEAL by Gary Tanner from 222 Judgment. Filing fee $ 505.00, receipt number 465401223693. (tp) (Entered: 11/30/2018)
11/29/2018ENDORSED LETTER as to Gary Tanner addressed to Judge Loretta A. Preska, from Brendan R. McGuire dated 11/28/2018 re: Defense counsel writes to request that the Court notify the appropriate recipients that Mr. Tanner wants to surrender on January 2, 2019. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 11/29/2018) (ap) (Entered: 11/29/2018)
11/28/2018
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport on re: 221 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 11/27/2018) (ap) (Entered: 11/28/2018)
11/27/2018
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Andrew Davenport (2). THE DEFENDANT: was found guilty on counts One, Two, Three, and Four after a plea of not guilty. Underlying Indictment is dismissed on the motion of the United States. IMPRISONMENT: ONE YEAR AND ONE DAY. The court makes the following recommendations to the Bureau of Prisons: The defendant be designated to a medical facility available at the BOP. If the medical facility determines it is not needed, that the defendant be designated to the Schuylkill Facility, so his family may visit more easily. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 1/31/2019. ADDITIONAL IMPRISONMENT TERMS: During the period of incarceration, if the defendant is engaged in a BOP non-UNICOR work program, the defendant shall pay $25.00 per quarter toward the criminal financial penalties. However, if the defendant participates in the BOP's UNICOR program as a grade 1 through 4, the defendant shall pay 50% of his monthly UNICOR earnings toward the restitution amounts, consistent with the BOP regulations at 28 C.F.R. 545. 11. SUPERVISED RELEASE: 2 YEARS ON EACH COUNT TO RUN CONCURRENTLY. ASSESSMENT: $400.00 due immediately. The determination of restitution is deferred until 1/30/2019. An Amended Judgment in a Criminal Case (AO 245C} will be entered after such determination. Special instructions regarding the payment of criminal monetary penalties: The defendant shall make payments at a rate of no less than 20% of his gross monthly income. Payments shall begin 30 days after the release from custody. Payments shall be made to the Clerk of the Court, Southern District of New York, 500 Pearl Street, New York, NY 10007. From time to time, the Clerk of the Court shall make proportionate payments to the victim(s). Joint and Several: Defendant and Co-Defendant Na1nes and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate. S1 17CR00061-001 (LAP)- GARY TANNER. The defendant shall forfeit the defendant's interest in the following prope1ty to the United States: $9,703,995.33. (Signed by Judge Loretta A. Preska on 11/1/2018) (ap) (Entered: 11/27/2018)
11/27/2018DISMISSAL OF COUNTS on Government Motion as to Andrew Davenport (2) Count 1,2,3,4. (ap) (Entered: 11/27/2018)
11/27/2018
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Gary Tanner (1). THE DEFENDANT: was found guilty on counts One, Two, Three, and Four after a plea of not guilty. Counts of Underlying Indictment are dismissed on the motion of the United States. IMPRISONMENT: ONE YEAR AND ONE DAY. The court makes the following recommendations to the Bureau of Prisons: That Mr. Tanner be designated to a facility as close as possible to his home in Arizona in light of his close family ties. The Court recommends either FCI Arizona or FCI Tuscon. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 1/31/2019. ADDITIONAL IMPRISONMENT TERMS: During the period of incarceration, if the defendant is engaged in a BOP non-UNICOR work program, the defendant shall pay $25.00 per quarter toward the criminal financial penalties. However, if the defendant participates in the BOP's UNICOR program as a grade 1 through 4, the defendant shall pay 50% of his monthly UNICOR earnings toward the restitution amounts, consistent with the BOP regulations at 28 C.F.R. 545.11. SUPERVISED RELEASE: 2 YEARS ON EACH COUNT TO RUN CONCURRENTLY. ASSESSMENT: $400.00 due immediately. The determination of restitution is deferred until 1/30/2019 An Amended Judgment in a Criminal Case {A0245C) will be entered after such determination. Special instructions regarding the pay1ncnt of criminal monetary penalties: The defendant shall make payments at a rate of no less than 20% of his gross monthly income. Payments shall begin 30 days after the release from custody. Payments shall be made to the Clerk of the Court, Southern District of New York, 500 Pearl Street, New York, NY 10007. From time to time, the Clerk of the Court shall make proportionate payments to the victim(s). Joint and Several: Defendant and Co-Defendant Na1nes and Case Nu1nbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate. 17CR00061-002 (LAP) ANDREW DAVENPORT. The defendant shall forfeit the defendant's interest in the following property to the United States: $9,703,995.33. (Signed by Judge Loretta A. Preska on 11/1/2018) (ap) Modified on 11/29/2018 (ap). (Entered: 11/27/2018)
11/27/2018DISMISSAL OF COUNTS on Government Motion as to Gary Tanner (1) Count 1,2,3,4. (ap) (Entered: 11/27/2018)
11/26/2018 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska Document filed by USA. (Cooper, Richard) (Entered: 11/26/2018)
11/20/2018 LETTER by Andrew Davenport addressed to Judge Loretta A. Preska from Sharon L. McCarthy dated November 20, 2018 re: Restitution Claim (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(McCarthy, Sharon) (Entered: 11/20/2018)
11/19/2018
  • Motion to Supplement RecordDenied
ORDER as to Gary Tanner, Andrew Davenport: For all of these reasons, the Defendants' request to supplement the record [dkt. no. 211] is denied. (Signed by Judge Loretta A. Preska on 11/19/2018) (See ORDER set forth) (ap) Modified on 11/20/2018 (ap). (Entered: 11/19/2018)
11/9/2018
  • Order
MEMO ENDORSEMENT as to Andrew Davenport (2) on 217 LETTER MOTION addressed to Judge Loretta A. Preska from Sharon L. McCarthy dated November 8, 2018 re: Adjournment of time to file objections to restitution request. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 11/9/2018) (ap) (Entered: 11/09/2018)
11/8/2018
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Sharon L. McCarthy dated November 8, 2018 re: Adjournment of time to file objections to restitution request . Document filed by Andrew Davenport. (McCarthy, Sharon) (Entered: 11/08/2018)
11/8/2018 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska Document filed by USA. (Kramer, Amanda) (Entered: 11/08/2018)
11/8/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Sentence proceeding held on 10/30/18 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: 11/08/2018)
11/8/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Sentence held on 10/30/18 before Judge Loretta A. Preska. 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 11/29/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/6/2019. (McGuirk, Kelly) (Entered: 11/08/2018)
11/6/2018213SEALED DOCUMENT placed in vault. (mhe) (Entered: 11/06/2018)
11/6/2018212SEALED DOCUMENT placed in vault. (mhe) (Entered: 11/06/2018)
11/5/2018 LETTER by Gary Tanner as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Brendan R. McGuire dated November 5, 2018 re: Regarding the Trial Record and Defense Objections Document filed by Gary Tanner. (Attachments: # 1 Exhibit A - Declaration of Brendan R. McGuire, # 2 Exhibit B - Declaration of Claire M. Guehenno, # 3 Exhibit C - Court's Proposed Charge)(McGuire, Brendan) (Entered: 11/05/2018)
10/31/2018
  • Order
PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Gary Tanner. (Signed by Judge Loretta A. Preska on 10/30/2018) (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: 10/31/2018)
10/31/2018
  • Order
PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Andrew Davenport. (Signed by Judge Loretta A. Preska on 10/30/2018) (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: 10/31/2018)
10/30/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Sentencing held on 10/30/2018 for Gary Tanner (1) Count 1s,2s,3s,4s and Andrew Davenport (2) Count 1s,2s,3s,4s. Defendant Tanner present with his attorneys Brendan McGuire, Howard Shapiro, Matthew Galeotti and Clare Guehenno; defendant Davenport present with his attorneys Mary Clare Bonaccorsi and Sharon McCarthy. AUSAs Amanda Kramer and Richard Cooper present. Defendant Tanner sentenced to one year and one day followed by 2 years of supervised release. All standard terms and conditions of supervised release with the special conditions of: access to requested financial information and no new credit charges. Restitution ordered but amount deferred, will be joint and several with Andrew Davenport; forfeiture in the amount of $9,703,995.33; special assessment in the amount of $400; surrender date of January 31, 2019. Underlying indictment dismissed. J&C to follow. Request for bail to continue until January 31, 2019 is granted; request for bail pending appeal is denied. J&C to follow. Defendant Davenport sentenced to one year and one day followed by 2 years of supervised release. All standard terms and conditions of supervised release with the special conditions of: substance abuse treatment, mental health treatment, access to requested financial information and no new credit charges. Restitution ordered but amount deferred, will be joint and several with Gary Tanner; forfeiture in the amount of $9,703,995.33; special assessment in the amount of $400; surrender date of January 31, 2019. Underlying indictment dismissed. J&C to follow. Request for bail to continue until January 31, 2019 is granted; request for bail pending appeal is denied. J&C to follow. (jbo) (Entered: 11/07/2018)
10/29/2018 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska Document filed by USA. (Cooper, Richard) (Entered: 10/29/2018)
10/29/2018Sentencing Letter by Andrew Davenport addressed to Hon. Loretta A. Preska from Sharon L. McCarthy dated 10/29/18 re: supplemental sentencing letters. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McCarthy, Sharon) (Entered: 10/29/2018)
10/29/2018 LETTER by Andrew Davenport addressed to Judge Loretta A. Preska from Sharon L. McCarthy dated October 29, 2018 re: Preliminary Order of Forfeiture (McCarthy, Sharon) (Entered: 10/29/2018)
10/29/2018
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport on re: 202 LETTER by Andrew Davenport addressed to Judge Loretta A. Preska from Sharon L. McCarthy dated October 26, 2018 re: Restitution briefing. ENDORSEMENT: SO ORDERED. (Motions due by 11/13/2018.) (Signed by Judge Loretta A. Preska on 10/29/2018) (ap) (Entered: 10/29/2018)
10/27/2018 LETTER by Gary Tanner addressed to Judge Loretta A. Preska from Brendan R. McGuire dated October 27, 2018 re: Supplemental to Sentencing Memorandum (Attachments: # 1 Exhibit A - Chris Hufford Letter, # 2 Exhibit B - Scott Hufford Letter, # 3 Exhibit C - Kristy Hufford Letter, # 4 Exhibit D - Christy Hubele Letter)(McGuire, Brendan) (Entered: 10/27/2018)
10/26/2018 LETTER by Andrew Davenport addressed to Judge Loretta A. Preska from Sharon L. McCarthy dated October 26, 2018 re: Restitution briefing (McCarthy, Sharon) (Entered: 10/26/2018)
10/26/2018 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Richard Cooper dated 10/26/2018 Document filed by USA. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cooper, Richard) (Entered: 10/26/2018)
10/23/2018SENTENCING SUBMISSION by USA as to Gary Tanner, Andrew Davenport. (Attachments: # 1 Exhibit A)(Cooper, Richard) (Entered: 10/23/2018)
10/18/2018200SEALED DOCUMENT placed in vault. (rz) (Entered: 10/19/2018)
10/17/2018STIPULATION AND ORDER REGARDING MOTION TO INTERVENE FOR THE LIMITED PURPOSE OF OBTAINING COPIES OF THE TRIAL EXHIBITS as to Gary Tanner, Andrew Davenport. The Airconditioning and Refrigeration Industry Health and Welfare Trust Fund, the Fire and Police Health Care Fund, San Antonio, Plumbers Local Union No. 1 Welfare Fund, the New York Hotel Trades Council & Hotel Association of New York City, Inc. Health Benefits Fund, and the Detectives Endowment Association of New York City (together, "lntervenors") and Defendant Andrew Davenport ("Davenport") hereby stipulate and agree, subject to approval of the Court, that: (1) Intervenors filed a Motion to Intervene on September 19, 2018 under Rule 24 of the Federal Rules of Civil Procedure for the limited purpose of obtaining copies of the trial exhibits from Defendant Davenport (the "Motion"); (2) Davenport represents that in response to the Motion he has produced true and correct copies of all exhibits admitted into evidence at the trial of this action (other than GX 101-A-5) to lntervenors; (3) each pa11y will bear his or its own costs; and (4) the parties agree that Davenpo11's provision of the trial exhibits to lntervenors satisfies the relief requested and the Motion is now moot. (Signed by Judge Loretta A. Preska on 10/17/2018) (ap) Modified on 10/19/2018 (ap). (Entered: 10/17/2018)
10/16/2018SENTENCING SUBMISSION by Gary Tanner. (Attachments: # 1 Exhibit A (Part 1 of 2) - Letters of Support, # 2 Exhibit A (Part 2 of 2) - Letters of Support, # 3 Exhibit B - Senior Talent Review, # 4 Exhibit C - Email Dated 9/20/2013, # 5 Exhibit D - Email Dated 2/18/2014, # 6 Exhibit E - Deposition Transcript)(Shapiro, Howard) (Entered: 10/16/2018)
10/16/2018SENTENCING SUBMISSION by Andrew Davenport. (Attachments: # 1 Exhibit Exhibits A through EE, # 2 Exhibit Exhibit FF (part 1), # 3 Exhibit Exhibit FF (part 2), # 4 Exhibit Exhibit FF (part 3), # 5 Exhibit Exhibit FF (part 4), # 6 Exhibit Exhibit GG (part 1), # 7 Exhibit Exhibit GG (part 2), # 8 Exhibit Exhibit GG (part 3), # 9 Exhibit Exhibit GG (part 4), # 10 Exhibit Exhibits HH through MM)(McCarthy, Sharon) (Entered: 10/16/2018)
10/11/2018 LETTER by Detectives Endowment Association of New York City, New York Hotel Trades Council & Hotel Association of New York City, Inc. Health Benefits Fund, Plumbers Local Union No. 1 Welfare Fund, Fire and Police Health Care Fund, San Antonio, Airconditioning and Refrigeration Industry Health and Welfare Trust Fund as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from James A. Harrod dated 10/11/2018 re: Motion to Intervene Document filed by Detectives Endowment Association of New York City, New York Hotel Trades Council & Hotel Association of New York City, Inc. Health Benefits Fund, Plumbers Local Union No. 1 Welfare Fund, Fire and Police Health Care Fund, San Antonio, Airconditioning and Refrigeration Industry Health and Welfare Trust Fund. (Harrod, James) (Entered: 10/11/2018)
9/21/2018193SEALED DOCUMENT placed in vault. (rz) (Entered: 09/21/2018)
9/21/2018192SEALED DOCUMENT placed in vault. (rz) (Entered: 09/21/2018)
9/21/2018191SEALED DOCUMENT placed in vault. (rz) (Entered: 09/21/2018)
9/21/2018190SEALED DOCUMENT placed in vault. (rz) (Entered: 09/21/2018)
9/21/2018189SEALED DOCUMENT placed in vault. (mhe) (Entered: 09/21/2018)
9/21/2018188SEALED DOCUMENT placed in vault. (mhe) (Entered: 09/21/2018)
9/21/2018187SEALED DOCUMENT placed in vault. (mhe) (Entered: 09/21/2018)
9/21/2018186SEALED DOCUMENT placed in vault. (mhe) (Entered: 09/21/2018)
9/19/2018 LETTER by Detectives Endowment Association of New York City, New York Hotel Trades Council & Hotel Association of New York City, Inc. Health Benefits Fund, Plumbers Local Union No. 1 Welfare Fund, Fire and Police Health Care Fund, San Antonio, Airconditioning and Refrigeration Industry Health and Welfare Trust Fund as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from James A. Harrod dated 09/19/2018 re: Motion to Intervene Document filed by Detectives Endowment Association of New York City, New York Hotel Trades Council & Hotel Association of New York City, Inc. Health Benefits Fund, Plumbers Local Union No. 1 Welfare Fund, Fire and Police Health Care Fund, San Antonio, Airconditioning and Refrigeration Industry Health and Welfare Trust Fund. (Harrod, James) (Entered: 09/19/2018)
9/19/2018DECLARATION of James A. Harrod in Support by Detectives Endowment Association of New York City, New York Hotel Trades Council & Hotel Association of New York City, Inc. Health Benefits Fund, Plumbers Local Union No. 1 Welfare Fund, Fire and Police Health Care Fund, San Antonio, Airconditioning and Refrigeration Industry Health and Welfare Trust Fund as to Gary Tanner, Andrew Davenport re: 182 MOTION to Intervene for the Limited Purpose of Obtaining Copies of the Trial Exhibits .. (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)(Harrod, James) (Entered: 09/19/2018)
9/19/2018MEMORANDUM in Support by Detectives Endowment Association of New York City, New York Hotel Trades Council & Hotel Association of New York City, Inc. Health Benefits Fund, Plumbers Local Union No. 1 Welfare Fund, Fire and Police Health Care Fund, San Antonio, Airconditioning and Refrigeration Industry Health and Welfare Trust Fund as to Gary Tanner, Andrew Davenport re 182 MOTION to Intervene for the Limited Purpose of Obtaining Copies of the Trial Exhibits .. (Harrod, James) (Entered: 09/19/2018)
9/19/2018
  • Motion to Intervene
MOTION to Intervene for the Limited Purpose of Obtaining Copies of the Trial Exhibits . Document filed by Detectives Endowment Association of New York City, New York Hotel Trades Council & Hotel Association of New York City, Inc. Health Benefits Fund, Plumbers Local Union No. 1 Welfare Fund, Fire and Police Health Care Fund, San Antonio, Airconditioning and Refrigeration Industry Health and Welfare Trust Fund as to Gary Tanner, Andrew Davenport. (Harrod, James) (Entered: 09/19/2018)
8/8/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Hearing proceeding held on 7/18/18 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: 08/08/2018)
8/8/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Hearing held on 7/18/18 before Judge Loretta A. Preska. 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 8/29/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/6/2018. (McGuirk, Kelly) (Entered: 08/08/2018)
7/19/2018
  • Order
ORDER as to Gary Tanner (1), Andrew Davenport (2): For the reasons stated on the record during the July 18, 2018 hearing, the following Motions are denied: (1) Defendants' Motion for a new trial pursuant to Federal Rule of Criminal Procedure 33(a) (Dkt. No. 142); and (2) Defendants' Motion to Reconsider the July 5, 2018 Court Order quashing the subpoenas (Dkt. No. 176). The Clerk of Court is directed to terminate the following Motions at Dkt. Nos. 133, 134, 137, 142, and 169. (Signed by Judge Loretta A. Preska on 7/19/2018) (lnl) (Entered: 07/19/2018)
7/18/2018Minute Entry for proceedings held before Judge Loretta A. Preska:Status Conference as to Gary Tanner, Andrew Davenport held on 7/18/2018. Defendant Tanner present his attorneys Brendan McGuire, Howard Shapiro, Matthew Galeotti and Clare Guehenno; defendant Davenport present with his attorneys Mary Clare Bonaccorsi and Jonathan Rosen. AUSAs Amanda Kramer, Richard Cooper and Robert Allen present. Defense motion to reargue is denied. The Court begins questioning of juror Tiffany Teams. Parties argue Rule 33(b) motion. See Transcript for court rulings. (jw) (Entered: 07/24/2018)
7/18/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Conference 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: 07/18/2018)
7/18/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Conference held on 6/27/18 before Judge Loretta A. Preska. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/8/2018. Redacted Transcript Deadline set for 8/20/2018. Release of Transcript Restriction set for 10/16/2018. (McGuirk, Kelly) (Entered: 07/18/2018)
7/13/2018 LETTER by Gary Tanner as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Howard M. Shapiro dated July 13, 2018 re: Regarding the Government's Motion to Quash Requested Subpoenas Document filed by Gary Tanner. (Attachments: # 1 Exhibit A - Subpoena, # 2 Exhibit B - Proposed list of questions for hearing)(Shapiro, Howard) (Entered: 07/13/2018)
7/13/2018 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Richard Cooper dated 7/13/2018 Document filed by USA. (Cooper, Richard) (Entered: 07/13/2018)
7/5/2018
  • Order
ORDER as to Gary Tanner (1), Andrew Davenport (2): IT IS HEREBY ORDERED THAT: 1) The subpoenas to the juror's attorney, to the juror's employer, and to the Justice Center are quashed with the exception that the Justice Center shall produce any and all notices of interview or other commands to appear issued by the Justice Center to Juror #8; 2) The subpoena to Juror #8 is quashed with the exception that she shall produce any and all notices of interview or other commands to appear issued to her from the Justice Center; and 3) The Court will conduct the questioning of the juror. Parties may submit proposed questions three business days before the juror's appearance. The reasons for the above holdings will be set out in writing hereafter. SO ORDERED. (Signed by Judge Loretta A. Preska on 7/5/2018) (lnl) (Entered: 07/05/2018)
7/3/2018
  • Motion
LETTER MOTION addressed to Judge Loretta A. Preska re: 169 LETTER MOTION addressed to Judge Loretta A. Preska from Brendan R. McGuire dated June 28, 2018 re: Issuance of Rule 17(c) Subpoenas . . Document filed by USA as to Gary Tanner, Andrew Davenport. (Kramer, Amanda) Modified on 7/5/2018 (lnl). (Entered: 07/03/2018)
7/3/2018Set/Reset Deadlines/Hearings as to Andrew Davenport: Sentencing set for 10/30/2018 at 10:00 AM before Judge Loretta A. Preska (jw) (Entered: 07/03/2018)
7/3/2018
  • Order
MEMO ENDORSEMENT 168 LETTER MOTION Reschedule Sentencing as to Andrew Davenport...ENDORSEMENT...The sentencing is adjourned to october 30, 2018 at 10:00am. (Signed by Judge Loretta A. Preska on 6/27/18) (jw) (Entered: 07/03/2018)
6/29/2018 LETTER by Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Brendan R. McGuire dated June 29, 2018 re: Response to Government's June 29, 2018 Letter (Attachments: # 1 Exhibit A - Subpoena and Rider Served on Juror)(McGuire, Brendan) (Entered: 06/29/2018)
6/29/2018
  • Motionby Π
LETTER MOTION addressed to Judge Loretta A. Preska re: 169 LETTER MOTION addressed to Judge Loretta A. Preska from Brendan R. McGuire dated June 28, 2018 re: Issuance of Rule 17(c) Subpoenas . . Document filed by USA as to Gary Tanner, Andrew Davenport. (Kramer, Amanda) (Entered: 06/29/2018)
6/28/2018
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Brendan R. McGuire dated June 28, 2018 re: Issuance of Rule 17(c) Subpoenas . Document filed by Gary Tanner, Andrew Davenport. (Attachments: # 1 Exhibit A - Tiffany Teams Subpoena, # 2 Exhibit B - OPWDD Subpoena, # 3 Exhibit C - NYSCJ Subpoena, # 4 Exhibit D - Counsel Subpoena)(McGuire, Brendan) (Entered: 06/28/2018)
6/27/2018Minute Entry for proceedings held before Judge Loretta A. Preska:Status Conference as to Gary Tanner, Andrew Davenport held on 6/27/2018 ( Status Conference set for 7/18/2018 at 11:30 AM before Judge Loretta A. Preska.) Defendant Tanner present via telephone with his attorneys Brendan McGuire, Howard Shapiro, Matthew Galeotti and Clare Guehenno; defendant Davenport present with his attorneys MaryClare Bonaccorsi and Jonathan Rosen. AUSA Amanda Kramer present. Rights explained to Tiffany Teams (juror #8 from the trial) as to her right to counsel and her rights for the hearing. Tiffany Teams is sworn to the financial affidavit and Gregory Morvillo is appointed to represent her. Hearing scheduled for July 18, 2018 at 11:30 am. (jw) (Entered: 06/29/2018)
6/26/2018
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Sharon L. McCarthy dated 06/26/2018 re: Adjournment of sentencing for Andrew Davenport . Document filed by Andrew Davenport. (McCarthy, Sharon) (Entered: 06/26/2018)
6/22/2018
  • Order
ORDER as to Gary Tanner, Andrew Davenport. Tiffany Teams (Juror No. 8) is directed to appear in person on June 27, 2018 at 3:00 p.m. in Courtroom 12A of the Daniel Patrick Moynihan, United States Courthouse at 500 Pearl Street, New York, New York, 10007 for the purpose of receiving certain instructions from Senior United States District Judge Loretta A. Preska. All Defendants and Counsel are directed to appear either by telephone or in person. The United States Marshal for the Southern District of New York is directed to personally serve Ms. Teams with this Order. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/22/2018)(bw) (Entered: 06/22/2018)
6/19/2018LETTER RESPONSE in Opposition by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska re: 142 LETTER MOTION addressed to Judge Loretta A. Preska from Howard M. Shapiro dated June 5, 2018 re: Request for New Trial .. (Kramer, Amanda) (Entered: 06/19/2018)
6/19/2018NOTICE OF ATTORNEY APPEARANCE: Sharon Louise McCarthy appearing for Andrew Davenport. Appearance Type: Retained. (McCarthy, Sharon) (Entered: 06/19/2018)
6/13/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Trial proceeding held on 5/22/18 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: 06/13/2018)
6/13/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Trial held on 5/22/18 before Judge Loretta A. Preska. Court Reporter/Transcriber: Vincent Bologna, (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 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/11/2018. (McGuirk, Kelly) (Entered: 06/13/2018)
6/13/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Trial proceeding held on 5/21/18 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: 06/13/2018)
6/13/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Trial held on 5/21/18 before Judge Loretta A. Preska. Court Reporter/Transcriber: Vincent Bologna, (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 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/11/2018. (McGuirk, Kelly) (Entered: 06/13/2018)
6/13/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Trial proceeding held on 5/17/18 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: 06/13/2018)
6/13/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Trial held on 5/17/18 before Judge Loretta A. Preska. Court Reporter/Transcriber: Vincent Bologna, (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 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/11/2018. (McGuirk, Kelly) (Entered: 06/13/2018)
6/13/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Trial proceeding held on 5/16/18 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: 06/13/2018)
6/13/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Trial held on 5/16/18 before Judge Loretta A. Preska. 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 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/11/2018. (McGuirk, Kelly) (Entered: 06/13/2018)
6/13/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Trial proceeding held on 5/15/18 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: 06/13/2018)
6/13/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Trial held on 5/15/18 before Judge Loretta A. Preska. 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 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/11/2018. (McGuirk, Kelly) (Entered: 06/13/2018)
6/13/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Trial proceeding held on 5/14/18 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: 06/13/2018)
6/13/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Trial held on 5/14/18 before Judge Loretta A. Preska. 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 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/11/2018. (McGuirk, Kelly) (Entered: 06/13/2018)
6/13/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Trial proceeding held on 5/10/18 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: 06/13/2018)
6/13/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Trial held on 5/10/18 before Judge Loretta A. Preska. Court Reporter/Transcriber: Vincent Bologna, (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 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/11/2018. (McGuirk, Kelly) (Entered: 06/13/2018)
6/13/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Trial proceeding held on 5/9/18 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: 06/13/2018)
6/13/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Trial held on 5/9/18 before Judge Loretta A. Preska. 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 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/11/2018. (McGuirk, Kelly) (Entered: 06/13/2018)
6/13/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Trial proceeding held on 5/4/18 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: 06/13/2018)
6/13/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Trial held on 5/4/18 before Judge Loretta A. Preska. Court Reporter/Transcriber: Vincent Bologna, (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 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/11/2018. (McGuirk, Kelly) (Entered: 06/13/2018)
6/13/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Trial proceeding held on 5/3/18 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: 06/13/2018)
6/13/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Trial held on 5/3/18 before Judge Loretta A. Preska. Court Reporter/Transcriber: Vincent Bologna, (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 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/11/2018. (McGuirk, Kelly) (Entered: 06/13/2018)
6/13/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Trial proceeding held on 5/2/18 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: 06/13/2018)
6/13/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Trial held on 5/2/18 before Judge Loretta A. Preska. Court Reporter/Transcriber: Vincent Bologna, (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 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/11/2018. (McGuirk, Kelly) (Entered: 06/13/2018)
6/5/2018
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Howard M. Shapiro dated June 5, 2018 re: Request for New Trial . Document filed by Gary Tanner as to Gary Tanner, Andrew Davenport. (Attachments: # 1 Exhibit A- Amended Complaint)(Shapiro, Howard) (Entered: 06/05/2018)
5/29/2018141SEALED DOCUMENT placed in vault. (mps) (Entered: 05/29/2018)
5/23/2018 VERDICT FORM as to Gary Tanner, Andrew Davenport. (lnl) (Entered: 05/23/2018)
5/22/2018
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Gary Tanner, Andrew Davenport. (Signed by Judge Loretta A. Preska on 5/22/18)(jbo) (Entered: 05/23/2018)
5/22/2018Set/Reset Hearings as to Gary Tanner, Andrew Davenport: Sentencing set for 9/19/2018 at 10:00 AM before Judge Loretta A. Preska. (jbo) (Entered: 05/23/2018)
5/22/2018JURY VERDICT as to Gary Tanner (1) Guilty on Count 1s,2s,3s,4s and Andrew Davenport (2) Guilty on Count 1s,2s,3s,4s. (jbo) (Entered: 05/23/2018)
5/22/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Jury Trial as to Gary Tanner, Andrew Davenport held on 5/22/2018. Deliberations continue and conclude. Jury verdict of guilty as to all four counts for defendant Tanner; Jury verdict of guilty as to all four counts for defendant Davenport. Sentencing scheduled for September 19, 2018 at 10:00 am for both defendants. PSIs ordered. (jbo) (Entered: 05/23/2018)
5/21/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Jury Trial as to Gary Tanner, Andrew Davenport held on 5/21/2018. Defendant Tanner present with his attorneys Brendan McGuire, Howard Shapiro, Matthew Galeotti and Clare Guehenno; defendant Davenport present with his attorneys Mary Clare Bonaccorsi and Jonathan Rosen. AUSAs Robert Allen, Amanda Kramer and Richard Cooper present. Jury charged; deliberations begin. Trial adjourned to May 22, 2018 at 10:00 a.m. (jbo) (Entered: 05/23/2018)
5/17/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Jury Trial as to Gary Tanner, Andrew Davenport held on 5/17/2018. Closing arguments by the government; defendant Tanner closing arguments; defendant Davenport closing arguments; government rebuttal. Trial adjourned to Monday, May 21, 2018 at 10:00 a.m. (jbo) (Entered: 05/23/2018)
5/16/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Jury Trial as to Gary Tanner, Andrew Davenport held on 5/16/2018. Defendant Tanner present with his attorneys Brendan McGuire, Howard Shapiro, Matthew Galeotti and Clare Guehenno; defendant Davenport present with his attorneys Mary Clare Bonaccorsi and Jonathan Rosen. AUSAs Robert Allen, Amanda Kramer and Richard Cooper present. Trial continues. Trial adjourned to Tuesday, May 16, 2018 at 9:00 a.m. (jbo) (Entered: 05/23/2018)
5/15/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Jury Trial as to Gary Tanner, Andrew Davenport held on 5/15/2018. Trial continues. Trial adjourned to Wednesday, May 16, 2018 at 10:00 a.m. (jbo) (Entered: 05/23/2018)
5/15/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Plea entered by Gary Tanner (1) Count 1s,2s,3s,4s and Andrew Davenport (2) Count 1s,2s,3s,4s Not Guilty. (lnl) (Entered: 05/15/2018)
5/15/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Arraignment as to Gary Tanner (1) Count 1s,2s,3s,4s and Andrew Davenport (2) Count 1s,2s,3s,4s held on 5/15/2018. Defendant Tanner present with his attorneys Brendan McGuire, Howard Shapiro and Matthew Galeotti; defendant Davenport present with his attorney Mary Clare Bonaccorsi. AUSAs Robert Allen, Amanda Kramer and Richard Cooper present. The defendants are arraigned on the S1 and both enter a plea of not guilty. (lnl) (Entered: 05/15/2018)
5/14/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Jury Trial as to Gary Tanner, Andrew Davenport held on 5/14/2018. Defendant Tanner present with his attorneys Brendan McGuire, Howard Shapiro, Matthew Galeotti and Clare Guehenno; defendant Davenport present with his attorneys Mary Clare Bonaccorsi and Jonathan Rosen. AUSAs Robert Allen, Amanda Kramer and Richard Cooper present. Trial continues. Trial adjourned to Tuesday, May 15, 2018 at 9:00 a.m. (jbo) (Entered: 05/23/2018)
5/14/2018 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska Document filed by USA. (Kramer, Amanda) (Entered: 05/14/2018)
5/13/2018 LETTER by Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Howard M. Shapiro dated May 13, 2018 re: Opposition to government's request for a ruling in limine regarding a prior out-of-court statement by Laizer Kornwasser (Shapiro, Howard) (Entered: 05/13/2018)
5/13/2018
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Howard M. Shapiro dated May 13, 2018 re: Preclude the government's proffered expert witness, . Document filed by Gary Tanner, Andrew Davenport. (Attachments: # 1 Exhibit A)(Shapiro, Howard) (Entered: 05/13/2018)
5/10/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Jury Trial as to Gary Tanner, Andrew Davenport held on 5/10/2018. Defendant Tanner present with his attorneys Brendan McGuire, Howard Shapiro, Matthew Galeotti and Clare Guehenno; defendant Davenport present with his attorneys Mary Clare Bonaccorsi and Jonathan Rosen. AUSAs Robert Allen, Amanda Kramer and Richard Cooper present. Trial continues. Trial continues. Trial adjourned to Monday, May 14, 2018 at 10:00 a.m. (lnl) (Entered: 05/15/2018)
5/9/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Jury Trial as to Gary Tanner, Andrew Davenport held on 5/9/2018. Defendant Tanner present with his attorneys Brendan McGuire, Howard Shapiro, Matthew Galeotti and Clare Guehenno; defendant Davenport present with his attorneys Mary Clare Bonaccorsi and Jonathan Rosen. AUSAs Robert Allen, Amanda Kramer and Richard Cooper present. Trial continues. Trial adjourned to Thursday, May 10, 2018 at 10:00 a.m. (lnl) (Entered: 05/15/2018)
5/9/2018 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Richard Cooper dated 5/9/2018 re: Admissibility of prior out-of-court statement Document filed by USA. (Cooper, Richard) (Entered: 05/09/2018)
5/9/2018 LETTER by Gary Tanner as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Brendan R. McGuire dated May 9, 2018 re: response in opposition to the governments request for a curative instruction. Document filed by Gary Tanner. (Attachments: # 1 Exhibit A)(McGuire, Brendan) (Entered: 05/09/2018)
5/8/2018
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Howard M. Shapiro dated May 8, 2018 re: Request that the Court reconsider May 4, 2018 Evidentiary Ruling . Document filed by Gary Tanner as to Gary Tanner, Andrew Davenport. (Attachments: # 1 Exhibit A - DX-0161, # 2 Exhibit B - DX -0162)(Shapiro, Howard) (Entered: 05/08/2018)
5/7/2018
  • Motion
LETTER MOTION addressed to Judge Loretta A. Preska from Robert Allen dated May 7, 2018 re: Evidentiary Rulings . Document filed by USA as to Gary Tanner, Andrew Davenport. (Allen, Robert) (Entered: 05/07/2018)
5/4/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Jury Trial as to Gary Tanner, Andrew Davenport held on 5/4/2018. Defendant Tanner present with his attorneys Brendan McGuire, Howard Shapiro, Matthew Galeotti and Clare Guehenno; defendant Davenport present with his attorneys Mary Clare Bonaccorsi and Jonathan Rosen. AUSAs Robert Allen, Amanda Kramer and Richard Cooper present. Trial continues; trial adjourned to Wednesday, May 9, 2018 at 10:00 a.m. (lnl) (Entered: 05/15/2018)
5/3/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Jury Trial as to Gary Tanner, Andrew Davenport held on 5/3/2018. Defendant Tanner present with his attorneys Brendan McGuire, Howard Shapiro, Matthew Galeotti and Clare Guehenno; defendant Davenport present with his attorneys Mary Clare Bonaccorsi andJonathan Rosen. AUSAs Robert Allen, Amanda Kramer and Richard Cooper present. Trial continues. Government opening statements; defendant Tanner opening statements; defendant Davenport opening statements; testimony begins. Trial adjourned to Friday, May 4, 2018 at 9:00 a.m. (lnl) (Entered: 05/15/2018)
5/2/2018Minute Entry for proceedings held before Judge Loretta A. Preska: Voir Dire held on 5/2/2018 as to Gary Tanner, Andrew Davenport. Defendant Tanner present with his attorneys Brendan McGuire, Howard Shapiro, Matthew Galeotti and Clare Guehenno; defendant Davenport present with his attorneys Mary Clare Bonaccorsi and Jonathan Rosen. AUSAs Robert Allen, Amanda Kramer and Richard Cooper present. Jury selection begins and concludes. Trial adjourned to Thursday, May 3, 2018 at 10:00 a.m. (lnl) (Entered: 05/15/2018)
5/2/2018
  • Order
ORDER as to Gary Tanner, Andrew Davenport...regarding procedures to be followed that shall govern the handling of confidential material....ENDORSEMENT: (4) This order is not intended to cure prior waivers. (Signed by Judge Loretta A. Preska on 5/2/2018)(ap) (Entered: 05/02/2018)
5/1/2018 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Richard Cooper dated 5/1/2018 re: Response to defendants' motion to preclude Document filed by USA. (Cooper, Richard) (Entered: 05/01/2018)
5/1/2018 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Amanda Kramer dated 5/1/2018 re: Letter in further support of Government's April 27, 2018 letter brief Document filed by USA. (Cooper, Richard) (Entered: 05/01/2018)
5/1/2018MEMORANDUM in Opposition by USA as to Gary Tanner, Andrew Davenport re 125 MOTION to Compel Immunization.. (Allen, Robert) (Entered: 05/01/2018)
5/1/2018
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Brendan R. McGuire dated May 1, 2018 re: Request for Preclusion of an Expert Witness . Document filed by Gary Tanner as to Gary Tanner, Andrew Davenport. (Attachments: # 1 Exhibit A - Government's April 27, 2018 Notice)(McGuire, Brendan) (Entered: 05/01/2018)
5/1/2018LETTER RESPONSE to Motion by Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Howard M. Shapiro dated May 1, 2018 re: 124 LETTER MOTION addressed to Judge Loretta A. Preska from Robert Allen dated April 27, 2018 re: Preclusion of Various Defense Arguments and Exhibits .. (Shapiro, Howard) (Entered: 05/01/2018)
4/30/2018
  • Motion to Compelby Δ
MEMORANDUM in Support by Gary Tanner as to Gary Tanner, Andrew Davenport re 125 MOTION to Compel Immunization.. (Shapiro, Howard) (Entered: 04/30/2018)
4/30/2018
  • Motion to Compelby Δ
MOTION to Compel Immunization. Document filed by Gary Tanner as to Gary Tanner, Andrew Davenport. (Shapiro, Howard) (Entered: 04/30/2018)
4/27/2018
  • Motion
LETTER MOTION addressed to Judge Loretta A. Preska from Robert Allen dated April 27, 2018 re: Preclusion of Various Defense Arguments and Exhibits . Document filed by USA as to Gary Tanner, Andrew Davenport. (Attachments: # 1 Exhibit A)(Allen, Robert) (Entered: 04/27/2018)
4/26/2018ENDORSED LETTER as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Brendan R. McGuire, dated 4/26/2018, re: Counsel writes on behalf of both defendants to request a two-day adjournment of the trial in this case from Monday, April 30, 2018 to Wednesday, May 2, 2018. The Government does not object to this request and the defense does not object to the exclusion of time under the Speedy Trial Act until May 2, 2018. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 4/26/2018) (lnl) (Entered: 04/26/2018)
4/24/2018 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Amanda Kramer dated April 24, 2018 Document filed by USA. (Kramer, Amanda) (Entered: 04/24/2018)
4/23/2018
  • Motion to Appear Pro Hac Vice
ORDER FOR ADMISSION PRO HAC VICE as to (17-Cr-61-02) Andrew Davenport. Christopher B. Mead has made a written motion for admission to practice Pro Hac Vice. Applicant has declared that he is a member in good standing in the bars of the State of Maryland, Commonwealth of Virginia, and the District of Columbia; and that his contact information is as follows:...[See this Order]... Applicant having requested admission Pro Hac Vice to appear for all purposes as counsel for Andrew Davenport in the above entitled action; IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Counsel shall immediately forward the Pro Hac Vice fee to the Clerk of the Court. (Signed by Judge Loretta A. Preska on 4/23/2018)(bw) (Entered: 04/23/2018)
4/20/2018>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 120 MOTION for Christopher B. Mead to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) (Entered: 04/20/2018)
4/20/2018
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Christopher B. Mead to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Andrew Davenport. (Mead, Christopher) (Entered: 04/20/2018)
4/19/2018NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Conference proceeding held on 4/9/18 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: 04/19/2018)
4/19/2018TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Conference held on 4/9/18 before Judge Loretta A. Preska. Court Reporter/Transcriber: Samuel Mauro, (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 5/10/2018. Redacted Transcript Deadline set for 5/21/2018. Release of Transcript Restriction set for 7/18/2018. (McGuirk, Kelly) (Entered: 04/19/2018)
4/17/2018>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice as to Gary Tanner, Andrew Davenport to RE-FILE Document No. 117 MOTION for Christopher B. Mead to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14951377. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): 1) missing Certificate of Good Standing from Supreme Court of Virginia (our court does not accept certificates from the Virginia State Bar); and 2) missing Attorney Affidavit or Declaration - see Local Rule 1.3. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit or Declaration - attach Proposed Order. (jc) (Entered: 04/17/2018)
4/17/2018 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christopher B. Mead to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14951377. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Andrew Davenport. (Mead, Christopher) Modified on 4/17/2018 (jc). (Entered: 04/17/2018)
4/10/2018
  • Motion in LimineGranted
ORDER as to Gary Tanner (1), Andrew Davenport (2): For the reasons stated on the record April 9, 2018 the below motions are determined as follows: Defendants' Motion in Limine for an order precluding the Government from introducing evidence of the alleged post-conspiracy consequential harm to Valeant ("Harm Evidencen) is granted (dkt. no. 90); Government's Motion in Limine to (a) preclude the Defendants from introducing irrelevant evidence relating to Valeant, (b) preclude cross-examination of witnesses on matters that are protected by attorney-client privilege, and (c) admit certain evidence relating to taxes is granted (dkt. no. 89); Defendants' Motion in Limine for an order precluding the Government from introducing evidence that the Purchase Option Agreement was worth $300 million in total value is denied (dkt. no. 93). To the extent that any party wishes to offer the Restatement (that has been precluded as part of the Harm Evidence) on this point, counsel shall confer and inform the Court of the results; Government's letter motion requesting that the Court preclude evidence of Mr. Tanner's amended 2014 tax return is denied, however, if Defendants wish to introduce evidence regarding Mr. Tanner's amended 2014 tax return, such admission will constitute a waiver of attorney-client privilege with respect to this topic (dkt. no. 105); and Defendants' Motion in Limine for an order precluding the Government from introducing evidence of Defendants' connection to Alekhine LLC is denied (dkt. no. 106). To the extent that a Defendant seeks a limiting instruction as to some or all of the Alekhine evidence, counsel shall confer and inform the Court of the result. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/10/2018) (lnl) (Entered: 04/11/2018)
4/9/2018Minute Entry for proceedings held before Judge Loretta A. Preska:FINAL Pretrial Conference as to Gary Tanner, Andrew Davenport held on 4/9/2018 ( Jury Trial set for 4/30/2018 at 10:00 AM before Judge Loretta A. Preska.) Defendant Tanner not present with his attorneys Brendan McGuire, Howard Shapiro and Matthew Galeotti; defendant not Davenport present with his attorney Mary Clare Bonaccorsi. AUSAs Robert Allen, Amanda Kramer and Richard Cooper present. The appearance of the defendants is waived. See order. Trial scheduled for April 30, 2018 at 10:00 a.m. (jw) (Entered: 04/25/2018)
4/9/2018
  • Reply
REPLY MEMORANDUM OF LAW in Support by USA as to Gary Tanner, Andrew Davenport re: 89 MOTION in Limine . . (Cooper, Richard) (Entered: 04/09/2018)
4/9/2018MEMORANDUM in Opposition by USA as to Gary Tanner, Andrew Davenport re 106 MOTION to Exclude Evidence of Defendants' Other Acts.. (Allen, Robert) (Entered: 04/09/2018)
4/9/2018NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Gary Tanner, Andrew Davenport: Notice to Attorney Robert Wood Allen to RE-FILE Document 110 Response in Opposition to Motion. Use the event type Memorandum in Opposition to Motion found under the event list Replies, Opposition and Supporting Documents. (ka) (Entered: 04/09/2018)
4/8/2018LETTER REPLY TO RESPONSE to Motion by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Robert Allen dated April 8, 2018 re 105 LETTER MOTION addressed to Judge Loretta A. Preska from Robert Allen dated April 2, 2018 re: Amended Tax Return .. (Attachments: # 1 Exhibit A)(Allen, Robert) (Entered: 04/08/2018)
4/8/2018
  • Motion to Exclude Evidenceby Δ
REPLY MEMORANDUM OF LAW in Support by Gary Tanner as to Gary Tanner, Andrew Davenport re: 106 MOTION to Exclude Evidence of Defendants' Other Acts. . (Shapiro, Howard) (Entered: 04/08/2018)
4/6/2018NOTICE OF ATTORNEY APPEARANCE: Claire Guehenno appearing for Gary Tanner. Appearance Type: Retained. (Guehenno, Claire) (Entered: 04/06/2018)
4/6/2018 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition by USA as to Gary Tanner, Andrew Davenport re: 106 MOTION to Exclude Evidence of Defendants' Other Acts.. (Allen, Robert) Modified on 4/9/2018 (ka). (Entered: 04/06/2018)
4/5/2018LETTER RESPONSE in Opposition by Gary Tanner addressed to Judge Loretta A. Preska from Howard M. Shapiro dated April 5, 2018 re: 105 LETTER MOTION addressed to Judge Loretta A. Preska from Robert Allen dated April 2, 2018 re: Amended Tax Return .. (Shapiro, Howard) (Entered: 04/05/2018)
4/2/2018DECLARATION of Matthew Galeotti in Support by Gary Tanner as to Gary Tanner, Andrew Davenport re: 106 MOTION to Exclude Evidence of Defendants' Other Acts.. (Attachments: # 1 Exhibit A - Copy of a Letter from Geoffrey S. Berman to Howard Shapiro, et al., dated March 5, 2018)(Shapiro, Howard) (Entered: 04/02/2018)
4/2/2018
  • Motion to Exclude Evidenceby Δ
MEMORANDUM in Support by Gary Tanner as to Gary Tanner, Andrew Davenport re 106 MOTION to Exclude Evidence of Defendants' Other Acts.. (Shapiro, Howard) (Entered: 04/02/2018)
4/2/2018
  • Motion to Exclude Evidenceby Δ
MOTION to Exclude Evidence of Defendants' Other Acts. Document filed by Gary Tanner as to Gary Tanner, Andrew Davenport. (Shapiro, Howard) (Entered: 04/02/2018)
4/2/2018
  • Motion
LETTER MOTION addressed to Judge Loretta A. Preska from Robert Allen dated April 2, 2018 re: Amended Tax Return . Document filed by USA as to Gary Tanner, Andrew Davenport. (Allen, Robert) (Entered: 04/02/2018)
4/2/2018DECLARATION of Matthew Galeotti in Support by Gary Tanner as to Gary Tanner, Andrew Davenport re: 103 Reply Memorandum of Law in Support of Motion. (Attachments: # 1 Exhibit A - Valuation Summary of Deloitte's Price Allocation, March 11, 2015, # 2 Exhibit B - Pages from Copy of Valeant Pharmaceuticals, Inc. Annual Report, April 29, 2016, # 3 Exhibit C - Copy of December 16, 2014 Email)(Shapiro, Howard) (Entered: 04/02/2018)
4/2/2018
  • Motion in Limineby Δ
REPLY MEMORANDUM OF LAW in Support by Gary Tanner as to Gary Tanner, Andrew Davenport re: 93 MOTION in Limine ., 90 MOTION in Limine . (Reply in Support of Defendants' Motions in Limine). (Shapiro, Howard) (Entered: 04/02/2018)
4/2/2018
  • Reply
REPLY MEMORANDUM OF LAW in Support by USA as to Gary Tanner, Andrew Davenport re: 89 MOTION in Limine . . (Cooper, Richard) (Entered: 04/02/2018)
3/26/2018
  • Motion in Limineby Δ
MEMORANDUM in Opposition by Gary Tanner as to Gary Tanner, Andrew Davenport re 89 MOTION in Limine .. (Shapiro, Howard) (Entered: 03/26/2018)
3/26/2018Request To Charge by Gary Tanner as to Gary Tanner, Andrew Davenport. (Shapiro, Howard) (Entered: 03/26/2018)
3/26/2018MEMORANDUM in Opposition by USA as to Gary Tanner, Andrew Davenport re 93 MOTION in Limine ., 90 MOTION in Limine .. (Cooper, Richard) (Entered: 03/26/2018)
3/26/2018Proposed Voir Dire Questions by Gary Tanner. (Shapiro, Howard) (Entered: 03/26/2018)
3/22/201897SEALED DOCUMENT placed in vault. (rz) (Entered: 03/22/2018)
3/20/201896SEALED DOCUMENT placed in vault. (mps) (Entered: 03/20/2018)
3/12/2018DECLARATION of MATTHEW GALEOTTI in Support as to Gary Tanner re: 93 MOTION in Limine .. (Attachments: # 1 Exhibit A-Agreement, # 2 Exhibit B- Report, # 3 Exhibit C- Report, # 4 Exhibit D- Report, # 5 Exhibit E- Email, # 6 Exhibit F- Email)(Shapiro, Howard) (Entered: 03/12/2018)
3/12/2018
  • Motion in Limineby Δ
MEMORANDUM in Support by Gary Tanner re 93 MOTION in Limine .. (Shapiro, Howard) (Entered: 03/12/2018)
3/12/2018
  • Motion in Limineby Δ
MOTION in Limine . Document filed by Gary Tanner. (Shapiro, Howard) (Entered: 03/12/2018)
3/12/2018DECLARATION of MATTHEW GALEOTTI in Support as to Gary Tanner re: 90 MOTION in Limine .. (Attachments: # 1 Exhibit A- transcript from the August 10, 2017 oral argument, # 2 Exhibit B- August 30, 2017 letter, # 3 Exhibit C-PDF excerpt of relevant pages from a true and correct copy of the Valeant Pharmaceuticals, Inc., Annual Report, # 4 Exhibit D- Valeant's October 26, 2015 Press Release, # 5 Exhibit E-Hillary Clinton's September 21, 20157:56 AM Tweet, # 6 Exhibit F- Business Insider's September 28, 2015 article, # 7 Exhibit G- House Committee on Oversight and Government Reform's September 28, 2015 Press Release, # 8 Exhibit H- Citron Research's September 28, 2015 article, # 9 Exhibit H-part 2- Citron Research's September 28, 2015 article, # 10 Exhibit I- Southern Investigative Reporting Foundation article, # 11 Exhibit J-transcript from Valeant' s October 19, 2015 Q3 2015 Earnings Call, # 12 Exhibit K- Citron Research's October 21, 2015 article, # 13 Exhibit L- Wall Street Journal's October 25, 2015 article, # 14 Exhibit M- New York Times' October 27, 2015 article, "Is Valeant Pharmaceuticals the Next Enron?, # 15 Exhibit N- transcript from Valeant' s October 26, 2015 Business Update Call, # 16 Exhibit O- New York Times' October 29, 2015 article, # 17 Exhibit P- Valeant's October 30, 2015 Press Release, # 18 Exhibit Q- New York Times' November 4, 2015 article, # 19 Exhibit R- Wall Street Journal's November 4, 2015 article, # 20 Exhibit S- ofValeant's February 22, 2016 Press Release, # 21 Exhibit T- New York Times' February 29, 2016 article)(Shapiro, Howard) (Entered: 03/12/2018)
3/12/2018
  • Motion in Limineby Δ
MEMORANDUM in Support by Gary Tanner re 90 MOTION in Limine .. (Shapiro, Howard) (Entered: 03/12/2018)
3/12/2018
  • Motion in Limineby Δ
MOTION in Limine . Document filed by Gary Tanner. (Shapiro, Howard) (Entered: 03/12/2018)
3/12/2018
  • Motion in Limine
MOTION in Limine . Document filed by USA as to Gary Tanner, Andrew Davenport. (Cooper, Richard) (Entered: 03/12/2018)
3/12/2018PROPOSED EXAMINATION OF JURORS by USA as to Gary Tanner, Andrew Davenport. (Cooper, Richard) (Entered: 03/12/2018)
3/12/2018Request To Charge by USA as to Gary Tanner, Andrew Davenport. (Cooper, Richard) (Entered: 03/12/2018)
3/8/2018
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport on re: 85 LETTER by USA addressed to Judge Loretta A. Preska from AUSA Amanda Kramer dated March 3, 2018 re: The parties respectfully request the Court endorse the following schedule: Monday, March 12: Motions in Limine. Monday, March 12: Government's Requests to Charge and Proposed Voir Dire. Monday, March 26: Opposition to Motions in Limine. Monday, March 26: Defendants' Requests to Charge and Proposed Voir Dire. Monday, April 2: Reply Brief in Support of Motions in Limine. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 3/8/2018)(bw) (Entered: 03/08/2018)
3/3/2018 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska Document filed by USA. (Kramer, Amanda) (Entered: 03/03/2018)
2/23/2018
  • OrderDenied
MEMORANDUM AND ORDER denying 44 Motion for Bill of Particulars as to Gary Tanner (1), Andrew Davenport. Defendants Gary Tanner ("Tanner") and Andrew Davenport ("Davenport") are charged in a four count superseding indictment with committing honest services fraud by engaging in a kickback scheme with associated money laundering. For these reasons and the reasons discussed above, the Defendants' Mot. to Dis. the Sup. Ind. [dkt. no. 42] is denied. Because Defendants have not renewed their Mot. for Bill of Part. [dkt. no. 44], that motion is denied without prejudice(Signed by Judge Loretta A. Preska on 2/23/18) (jw) Modified on 2/23/2018 (jw). (Entered: 02/23/2018)
2/1/2018
  • Order
ORDER as to Gary Tanner, Andrew Davenport. Counsel shall confer further and propose a more prompt briefing schedule on the defendants' motion to compel. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/1/2018)(bw) (Entered: 02/01/2018)
1/10/2018
  • Order
ORDER as to Gary Tanner, Andrew Davenport. The Defendant's motion to dismiss the indictment (dkt. no. 42) is denied. Opinion to follow. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/10/2018)(bw) (Entered: 01/10/2018)
1/9/2018 LETTER by Gary Tanner as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Howard M. Shapiro dated January 9, 2018 re: Response to the Court's January 2, 2018 Order Document filed by Gary Tanner. (Shapiro, Howard) (Entered: 01/09/2018)
1/9/2018 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Robert Allen dated January 9, 2018 re: Response to the Court's January 2, 2018 Order Document filed by USA. (Allen, Robert) (Entered: 01/09/2018)
1/2/2018
  • Order
ORDER as to Gary Tanner, Andrew Davenport. Counsel shall inform the Court by letter no later than January 9 of their views as to the applicability of United States v. Brown, 459 F.3d 509 (2006) to this case. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/2/2018)(bw) (Entered: 01/02/2018)
12/20/2017LETTER REPLY TO RESPONSE to Motion by Gary Tanner as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Howard M. Shapiro dated December 20, 2017 re 72 LETTER MOTION addressed to Judge Loretta A. Preska from Howard M. Shapiro dated November 6, 2017 re: Motion to Dismiss .. (Shapiro, Howard) (Entered: 12/20/2017)
12/14/2017
  • OrderGranted
MEMO ENDORSEMENT granting 76 LETTER MOTION as to Gary Tanner (1), Andrew Davenport (2). ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 12/14/2017) (ft) (Entered: 12/14/2017)
12/12/2017CONSENT LETTER MOTION addressed to Judge Loretta A. Preska from Brendan R. McGuire dated December 12, 2017 re: Requesting that the Court Permit Defendants to File a Letter in Reply to Letter-brief no later than Wednesday, December 20, 2017 . Document filed by Gary Tanner as to Gary Tanner, Andrew Davenport. (McGuire, Brendan) (Entered: 12/12/2017)
12/8/2017LETTER RESPONSE in Opposition by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Robert Allen dated December 8, 2017 re: 72 LETTER MOTION addressed to Judge Loretta A. Preska from Howard M. Shapiro dated November 6, 2017 re: Motion to Dismiss .. (Allen, Robert) (Entered: 12/08/2017)
11/14/2017ENDORSED LETTER as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Robert Allen, Richard Cooper and Amanda Kramer dated 11/10/17 re: The Government writes to propose a schedule for the Government's response to the defendant November, 2017 letter brief in further support of their motion to dismiss the Indictment....ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 11/14/17)(jw) (Entered: 11/14/2017)
11/10/2017 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from AUSA Amanda Kramer dated November 10, 2017 Document filed by USA. (Kramer, Amanda) (Entered: 11/10/2017)
11/6/2017
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Howard M. Shapiro dated November 6, 2017 re: Motion to Dismiss . Document filed by Gary Tanner as to Gary Tanner, Andrew Davenport. (Shapiro, Howard) (Entered: 11/06/2017)
9/20/2017Set/Reset Hearings as to Gary Tanner, Andrew Davenport: Jury Trial set for 4/30/2018 at 10:00 AM before Judge Loretta A. Preska. (lnl) (Entered: 09/20/2017)
9/20/2017
  • Order
MEMO ENDORSEMENT as to Gary Tanner (1), Andrew Davenport (2) on 68 LETTER MOTION addressed to Judge Loretta A. Preska from Brendan R. McGuire dated September 13, 2017 re: Request for an Adjournment of Trial from November 6, 2017 to January 15, 2018. ENDORSEMENT: Upon reading the parties' correspondence on this issue, trial is adjourned to April 30, 2018 at 10:00 a.m. The Court is informed that Defendant have consented to exclusion of time under the Speedy Trial Act to that date in the interest of justice. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/20/2017) (lnl) (Entered: 09/20/2017)
9/14/201770SEALED DOCUMENT placed in vault. (rz) (Entered: 09/14/2017)
9/13/2017LETTER RESPONSE in Opposition by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Robert Allen dated September 13, 2017 re: 68 LETTER MOTION addressed to Judge Loretta A. Preska from Brendan R. McGuire dated September 13, 2017 re: Request for an Adjournment of Trial from November 6, 2017 to January 15, 2018 .. (Allen, Robert) (Entered: 09/13/2017)
9/13/2017
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Brendan R. McGuire dated September 13, 2017 re: Request for an Adjournment of Trial from November 6, 2017 to January 15, 2018 . Document filed by Gary Tanner, Andrew Davenport. (McGuire, Brendan) (Entered: 09/13/2017)
9/5/2017Attorney update in case as to Gary Tanner (1). Attorney Todd Blanche terminated. (bw) (Entered: 09/05/2017)
9/5/2017
  • OrderGranted
MEMO ENDORSEMENT granting 65 LETTER MOTION filed by Gary Tanner (1), addressed to Judge Loretta A. Preska from Attorney Brendan R. McGuire dated August 29, 2017 re: Request that the Court Withdraw the Appearance of Todd Blanche as Counsel. We respectfully request that the Court withdraw the appearance of Todd Blanche as counsel of reocrd for Mr. Gary Tanner and direct the Clerk of the Court to terminate Mr. Blanche from the docket. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 9/5/2017) (bw) (Entered: 09/05/2017)
8/30/2017(S1) SUPERSEDING INDICTMENT FILED as to Gary Tanner (1) count(s) 1s, 2s, 3s, 4s, Andrew Davenport (2) count(s) 1s, 2s, 3s, 4s. (jm) (Entered: 08/31/2017)
8/29/2017
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Brendan R. McGuire dated August 29, 2017 re: Request that the Court Withdraw the Appearance of Todd Blanche as Counsel . Document filed by Gary Tanner. (McGuire, Brendan) (Entered: 08/29/2017)
8/29/2017 LETTER by Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Brendan R. McGuire dated August 29, 2017 re: Update on the Parties' discussions regarding issues raised in the Defense's Pre-trial Motions (McGuire, Brendan) (Entered: 08/29/2017)
8/17/201763SEALED DOCUMENT placed in vault. (mps) (Entered: 08/17/2017)
8/16/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Conference proceeding held on 8/10/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 08/16/2017)
8/16/2017TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Conference held on 8/10/17 before Judge Loretta A. Preska. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/6/2017. Redacted Transcript Deadline set for 9/18/2017. Release of Transcript Restriction set for 11/14/2017. (McGuirk, Kelly) (Entered: 08/16/2017)
8/10/2017
  • Order
ORAL ORDER as to Gary Tanner, Andrew Davenport. Time excluded from 8/10/2017 until 11/6/2017. Jury Trial set for 11/6/2017 at 10:00 AM before Judge Loretta A. Preska. (bw) (Entered: 09/07/2017)
8/10/2017Minute Entry for proceedings held before Judge Loretta A. Preska: Status Conference as to Gary Tanner, Andrew Davenport held on 8/10/2017. Oral Argument/Conference Held. Defendant Tanner present with his attorneys Brendan McGuire, and Howard Shapiro defendant Davenport present with his attorney Jonathan Rosen. AUSAs Robert Allen, Amanda Kramer and Richard Cooper present with FBI agent Ryan Redel. Trial scheduled for October 10, 2017 at 10:00 a.m. is adjourned to November 6, 2017 at 10:00 a.m. The parties shall confer and get back to the Court. The parties shall also work out a briefing schedule and submit it to the Court. Time is excluded from today, until November 6, 2017 from calculation under the speedy trial act in the interest of justice. (bw) (Entered: 09/07/2017)
8/10/2017
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport on "Joint Proposed Pretrial Schedule" re: 404(b) Notice - Friday, September 15; Expert Disclosure (all parties) - Friday, September 22; Motions in Limine - Friday, September 29; Brief in Opposition to Motion in Limine - Friday, October 13; Reply Brief - Friday, October 20; Government's Requests to Charge Disclosed to Defense - Monday, October 23; Filing deadline for Government Requests to Charge and any objections/modifications/additions by Defense - Monday, October 30; Proposed Voir Dire - Monday, October 30. ENDORSEMENT: Final Pretrial Conference November 1 at 11:00. So Ordered: (Signed by Judge Loretta A. Preska on 8/10/2017)(bw) (Entered: 08/10/2017)
8/8/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner, Andrew Davenport. Notice is hereby given that an official transcript of a Conference proceeding held on 4/25/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Siwik, Christine) (Entered: 08/08/2017)
8/8/2017TRANSCRIPT of Proceedings as to Gary Tanner, Andrew Davenport re: Conference held on 4/25/17 before Judge Loretta A. Preska. 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 8/29/2017. Redacted Transcript Deadline set for 9/8/2017. Release of Transcript Restriction set for 11/6/2017. (Siwik, Christine) (Entered: 08/08/2017)
7/31/2017ENDORSED LETTER as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Amanda Kramer dated 7/28/2017 re: Adjournment of Conference. ENDORSEMENT: The conference is adjourned to August 10, 2017 at 10:00 a.m. SO RODERED. (Status Conference set for 8/10/2017 at 10:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 7/31/2017)(ft) (Entered: 07/31/2017)
7/31/2017
  • Order
ORDER as to Gary Tanner, Andrew Davenport. The parties are informed that Valeant is a client of the firm in which my husband is Senior Counsel, but he has not worked on those matters, and Amanda Kramer served as a law clerk in my chambers from 2004-2005. SO ORDERED. (Signed by Judge Loretta A. Preska on 7/31/2017)(ft) (Entered: 07/31/2017)
7/28/2017 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from AUSA Amanda Kramer dated July 28, 2017 re: United States v. Gary Tanner and Andrew Davenport Document filed by USA. (Kramer, Amanda) (Entered: 07/28/2017)
7/25/2017
  • Order
MEMO ENDORSEMENT terminating 52 LETTER MOTION To request that they be permitted to submit a memorandum not to exceed 25 pages in further support of their motions as to Gary Tanner...ENDORSEMENT...SO ORDERED. (Signed by Judge Loretta A. Preska on 7/25/17) (jw) (Entered: 07/26/2017)
7/24/2017
  • Replyby Δ
REPLY MEMORANDUM OF LAW in Support as to Gary Tanner, Andrew Davenport re: 44 MOTION for Bill of Particulars . MOTION for Release of Brady Materials and the Early Disclosure of the Government's Exhibit List and the Early Disclosure of the Government's Witness List.., 42 JOINT MOTION to Dismiss the Indictment. . (Shapiro, Howard) (Entered: 07/24/2017)
7/24/2017
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Howard M. Shapiro dated July 24, 2017 re: Request on Behalf of Defendants to File Reply Brief with Excess Pages . Document filed by Gary Tanner. (Shapiro, Howard) (Entered: 07/24/2017)
7/19/201751SEALED DOCUMENT placed in vault. (mps) (Entered: 07/19/2017)
7/19/201750SEALED DOCUMENT placed in vault. (mps) (Entered: 07/19/2017)
7/10/2017ENDORSED LETTER as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Robert Allen, Richard Cooper and Amanda Kramer dated 7/10/17 re: To request permission to file an oversized brief in response to the defendant's pretrial motions....ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 7/10/17)(jw) (Entered: 07/11/2017)
7/10/2017MEMORANDUM in Opposition by USA as to Gary Tanner, Andrew Davenport re 44 MOTION for Bill of Particulars . MOTION for Release of Brady Materials and the Early Disclosure of the Government's Exhibit List and the Early Disclosure of the Government's Witness List.., 42 JOINT MOTION to Dismiss the Indictment.. (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Indictment)(Allen, Robert) (Entered: 07/10/2017)
7/10/2017 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from AUSA Amanda Kramer dated July 10, 2017 re: United States v. Gary Tanner and Andrew Davenport Document filed by USA. (Kramer, Amanda) (Entered: 07/10/2017)
6/16/2017DECLARATION of Matthew Galeotti in Support as to Gary Tanner, Andrew Davenport re: 44 MOTION for Bill of Particulars . MOTION for Release of Brady Materials and the Early Disclosure of the Government's Exhibit List and the Early Disclosure of the Government's Witness List... (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Galeotti, Matthew) (Entered: 06/16/2017)
6/16/2017MEMORANDUM in Support by Gary Tanner, Andrew Davenport re 44 MOTION for Bill of Particulars . MOTION for Release of Brady Materials and the Early Disclosure of the Government's Exhibit List and the Early Disclosure of the Government's Witness List... (Shapiro, Howard) (Entered: 06/16/2017)
6/16/2017
  • Motionby Δ
MOTION for Bill of Particulars ., MOTION for Release of Brady Materials and the Early Disclosure of the Government's Exhibit List and the Early Disclosure of the Government's Witness List.. Document filed by Gary Tanner, Andrew Davenport. (Shapiro, Howard) (Entered: 06/16/2017)
6/16/2017
  • Motion to Dismiss Indictment
MEMORANDUM in Support by Gary Tanner and Andrew Davenport re 42 JOINT MOTION to Dismiss the Indictment. (Rosen, Jonathan) Modified on 6/19/2017 (ka). (Entered: 06/16/2017)
6/16/2017
  • Motion to Dismiss Indictment
JOINT MOTION to Dismiss the Indictment. Document filed by Gary Tanner and Andrew Davenport. (Rosen, Jonathan) Modified on 6/19/2017 (ka). (Entered: 06/16/2017)
6/16/2017NOTICE OF ATTORNEY APPEARANCE: Matthew R. Galeotti appearing for Gary Tanner. Appearance Type: Retained. (Galeotti, Matthew) (Entered: 06/16/2017)
6/15/2017
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport on re: 38 LETTER MOTION addressed to Judge Loretta A. Preska from Attorney Brendan R. McGuire, Counsel for Defendant Gary Tanner, dated June 14, 2017 re: Request on behalf of All Parties to Adjourn the Pre-Trial Conference. We write on behalf of all parties to request that the pre-trial conference scheduled for Monday, June 19, 2017, be adjourned. ENDORSEMENT: The conference is adjourned to August 1, 2017 at 10:30 a.m. SO ORDERED: (Signed by Judge Loretta A. Preska on 6/15/2017)(bw) (Entered: 06/15/2017)
6/15/2017
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport on re: 37 LETTER MOTION addressed to Judge Loretta A. Preska from Attorney Brendan R. McGuire, Counsel for Defendant Gary Tanner, dated June 14, 2017 re: Request for additional pages. The defendants respectfully request that they be permitted 35 pages for the memorandum of law in support of their other combined pre-trial motions. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 6/15/2017)(bw) (Entered: 06/15/2017)
6/14/2017
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Brendan R. McGuire dated June 14, 2017 re: Request on behalf of All Parties to Adjourn the Pre-Trial Conference . Document filed by Gary Tanner. (McGuire, Brendan) (Entered: 06/14/2017)
6/14/2017
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Brendan R. McGuire dated June 14, 2017 re: Request for additional pages . Document filed by Gary Tanner. (McGuire, Brendan) (Entered: 06/14/2017)
5/18/2017STIPULATION AND ORDER as to (17-Cr-61-02) Andrew Davenport. WHEREAS, on or about December 15, 2016, the Honorable James C. Francis IV, United Stales Magistrate Judge for the Southern District of New York, issued a warrant of seizure (the "Seizure Warrant"), pursuant to Title 18, United States Code, Sections 981 and 984, for, inter alia, any and all assets on deposit in UBS Account PY 30391, held in the names of Andrew and Kristin Davenport (the "UBS Account");...[See this Stipulation And Order]... WHEREAS, the assets held in the UBS Account served as collateral for an outstanding line of credit that UBS Bank USA extended to Andrew Davenport and Kristin Davenport (the "Line of Credit"); WHEREAS, the Line of Credit had an outstanding balance of $7,712,139.18 as of January 19, 2017 and continues to accrue interest daily; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, AND ORDERED, by and between the United States of America, by its attorney Preet Bharara, United States Attorney for the Southern District of New York, Assistant United States Attorneys Howard S. Master, Robert W. Allen, Richard A. Cooper and Ian P. McGinley, of counsel; Defendant, by his counsel, Jonathan Rosen, Esq.; and UBS Financial Services Inc. and UBS Bank USA, and their counsel, Joshua S. Bratspies, Esq., that: 1. All assets currently being held in the UBS Account shall be liquidated by UBS Financial Services Inc. 2. The funds realized from the liquidation of the UBS Account shall be applied towards the outstanding balance of the Line of Credit. 3. The remaining funds held in the UBS Account after satisfying the Line of Credit shall be transferred to the United States Marshals Service and held in the Seized Assets Deposit Fund pending further order from the Court. 4. Andrew Davenport will execute all documentation, if any, necessary to effect the liquidation of the UBS Account and repayment of the Line of Credit. 5.The individual(s) signing this Stipulation and Order on behalf of UBS Financial Services Inc. and UBS Bank USA represent and warrant that they are authorized by UBS Financial Services Inc. and UBS Bank USA to execute this Stipulation and Order. 6. Each party to this Stipulation and Order shall bear its own costs and attorney's fees. 7. The Court shall have exclusive jurisdiction over the interpretation and enforcement of this Stipulation and Order. 8. This Stipulation and Order may be executed in one or more counterparts, each of which will be deemed an original and all of which together will constitute one and the same instrument. Signature pages may be transmitted by fax or by electronic file in PDF format, and such signatures shall be deemed equivalent to valid originals. 9. This Stipulat ion and Order constitutes the complete agreement between the parties hereto and may not be amended except by written consent thereof. SO ORDERED: (Signed by Judge Loretta A. Preska on 5/18/2017)(bw) (Entered: 05/18/2017)
5/15/2017NOTICE OF ATTORNEY APPEARANCE Amanda Kay Kramer appearing for USA. (Kramer, Amanda) (Entered: 05/15/2017)
5/1/2017Set/Reset Deadlines/Hearings as to Gary Tanner: Motions due by 6/16/2017. Replies due by 7/24/2017. Responses due by 7/10/2017. (ft) (Entered: 05/01/2017)
5/1/2017
  • OrderGranted
MEMO ENDORSEMENT granting 33 LETTER MOTION as to Gary Tanner (1). ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 5/1/2017) (ft) (Entered: 05/01/2017)
4/28/2017JOINT LETTER MOTION addressed to Judge Loretta A. Preska from Brendan R. McGuire dated April 28, 2017 re: Jointly Proposed Motion Schedule . Document filed by Gary Tanner. (McGuire, Brendan) (Entered: 04/28/2017)
4/25/2017Minute Entry for proceedings held before Judge Loretta A. Preska: Pretrial Conference as to Gary Tanner, Andrew Davenport held on 4/25/2017. Defendant Tanner not present with his attorneys Brendan McGuire, and Todd Blanche; defendant Davenport not present with his attorney Jonathan Rosen. AUSAs Robert Allen and Ian McGinley present with FBI agent Ryan Redel. Next conference scheduled for June 19, 2017 at 10:30 a.m. Trial scheduled for October 10, 2017 at 10:00 a.m. The parties to submit a motion schedule. Time is excluded from today, until October 10, 2017 from calculation under the speedy trial act in the interest of justice. (jbo) (Entered: 04/26/2017)
3/30/2017
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport on re: 30 LETTER MOTION filed by Gary Tanner addressed to Judge Loretta A. Preska from Attorney Brendan McGuire dated March 27, 2017 re: Request for an adjournment of the pre-trial conference scheduled for April 3, 2017 at 2:00 P.M. (1) Requesting an adjournment of the pre-trial conference scheduled for April 3, 2017 at 2:00 p.m. to April 25, 2017 at 12:00 p.m. (2) Requesting that the time between April 3, 2017 and the date of the conference be excluded. (3) Requesting that the Court waive the appearance of both Mr. Tanner and Andrew Davenport at this conference. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 3/30/2017)(bw) (Entered: 03/30/2017)
3/30/201731SEALED DOCUMENT placed in vault. (mps) (Entered: 03/30/2017)
3/27/2017
  • Motionby Δ
LETTER MOTION addressed to Judge Loretta A. Preska from Brendan McGuire dated March 27, 2017 re: Request for an adjournment of the pre-trial conference scheduled for April 3, 2017 at 2:00 P.M. . Document filed by Gary Tanner. (McGuire, Brendan) (Entered: 03/27/2017)
3/27/2017NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gary Tanner. Notice is hereby given that an official transcript of a Conference proceeding held on 2/23/17 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: 03/27/2017)
3/27/2017TRANSCRIPT of Proceedings as to Gary Tanner re: Conference held on 2/23/17 before Judge Loretta A. Preska. 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 4/17/2017. Redacted Transcript Deadline set for 4/27/2017. Release of Transcript Restriction set for 6/26/2017. (McGuirk, Kelly) (Entered: 03/27/2017)
3/13/2017
  • OrderGranted
MEMO ENDORSEMENT granting 26 LETTER MOTION as to Andrew Davenport (2); granting 26 Motion to Modify Conditions of Release as to Andrew Davenport (2). ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 3/9/2017) (ft) (Entered: 03/13/2017)
3/7/2017AMENDED LETTER MOTION addressed to Judge Loretta A. Preska from Jonathan N. Rosen, Co-Counsel for Defendant, Andrew Davenport, dated March 7, 2017 re: Request Change to Conditions of Release ., MOTION to Modify Conditions of Release . Document filed by Andrew Davenport. (Rosen, Jonathan) (Entered: 03/07/2017)
3/7/2017 FILING ERROR - DEFICIENT DOCKET ENTRY - CONSENT LETTER MOTION addressed to Judge Loretta A. Preska from Jonathan N. Rosen, Co-Counsel for Defendant Andrew Davenport, dated March 7, 2017 re: Change Conditions of Release ., CONSENT MOTION to Modify Conditions of Release . Document filed by Andrew Davenport as to Gary Tanner, Andrew Davenport. (Rosen, Jonathan) Modified on 3/8/2017 (ka). (Entered: 03/07/2017)
3/3/2017
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport on re: 23 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from AUSA Robert Allen dated February 27, 2017 re: Trial Scheduling. ENDORSEMENT: Trial shall commence on October 10, 2017, at 10:00am. Counsel shall file proposed voir dire questions no later than October 2. The government shall disclose its requests to charge to the defense so as to permit the defense to file its objections, additions, and modifications October 2. SO ORDERED: (Signed by Judge Loretta A. Preska on 3/2/2017)(bw) (Entered: 03/03/2017)
2/27/2017 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Robert Allen dated February 27, 2017 re: Trial Scheduling Document filed by USA. (Allen, Robert) (Entered: 02/27/2017)
2/23/2017Minute Entry for proceedings held before Judge Loretta A. Preska: Plea entered by Gary Tanner (1) Count 1,2,3,4 and Andrew Davenport (2) Count 1,2,3,4 Not Guilty. (lnl) (Entered: 05/14/2018)
2/23/2017Minute Entry for proceedings held before Judge Loretta A. Preska: Arraignment as to Gary Tanner (1) Count 1,2,3,4 and Andrew Davenport (2) Count 1,2,3,4 held on 2/23/2017. Defendant Tanner present with his attorneys Brendan McGuire, Howard Shapiro and Todd Blanche; defendant Davenport present with his attorneys Jonathan Rosen and Mary Clare Bonaccorsi. AUSA Robert Allen present. The defendants are arraigned on the indictment and both enter a plea of not guilty. Next conference scheduled for April 3, 2017 at 2:00 p.m. The parties shall inform the Court which date they want for trial. Time is excluded from today, until April 3, 2017 from calculation under the speedy trial act in the interest of justice. (Court Reporter Lisa Fellis) (lnl) (Entered: 05/14/2018)
2/23/2017Minute Entry for proceedings held before Judge Loretta A. Preska:Pretrial Conference as to Gary Tanner, Andrew Davenport held on 2/23/2017, as to Gary Tanner, Andrew Davenport( Pretrial Conference set for 4/3/2017 at 02:00 PM before Judge Loretta A. Preska.) Defendant Tanner present with his attorneys Brendan McGuire, Howard Shapiro and Todd Blanche; defendant Davenport present with his attorneys Jonathan Rosen and Mary Clare Bonaccorsi. AUSA Robert Allen present. Next conference scheduled for April 3, 2017 at 2:00 p.m. The parties shall inform the Court which date they want for trial. Time is excluded from today, until April 3, 2017 from calculation under the speedy trial act in the interest of justice (jw) (Entered: 03/07/2017)
2/21/2017IN THE MATTER OF AN APPLICATION TO BRING PERSONAL ELECTRONIC DEVICES OR GENERAL PURPOSE COMPUTING DEVICE(S} INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL as to Gary Tanner, Andrew Davenport. It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned; United States of America v. Gary Tanner, and Andrew Davenport, Defendants, No. 17 Cr. 61, The date(s) for which such authorization is provided is (are) February 23, 2017, Jonathan N. Rosen - Cell Phone; Jonathan N. Rosen Cell Phone. (Signed by Judge Loretta A. Preska on 2/17/2017)(ft) Modified on 2/22/2017 (ft). (Entered: 02/21/2017)
2/3/2017
  • Order
MEMO ENDORSEMENT as to Gary Tanner, Andrew Davenport on re: 19 LETTER by USA addressed to Judge Loretta A. Preska from AUSA Robert Allen dated February 2, 2017 re: Exclusion of Time. The Government requests that your Honor exclude time for purposes of the Speedy Trial Act between the date of this letter and February 23, 2017. This exclusion will serve the interests of justice by facilitating the presence of counsel of choice and by enabling the Government to begin preparing discovery. Counsel for each of the defendants consents. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 2/3/2017)(bw) (Entered: 02/03/2017)
2/2/2017NOTICE OF ATTORNEY APPEARANCE Richard Alan Cooper appearing for USA. (Cooper, Richard) (Entered: 02/02/2017)
2/2/2017 LETTER by USA as to Gary Tanner, Andrew Davenport addressed to Judge Loretta A. Preska from Robert Allen dated February 2, 2017 re: Exclusion of Time Document filed by USA. (Allen, Robert) (Entered: 02/02/2017)
1/26/2017Case Designated ECF as to Gary Tanner, Andrew Davenport. (jbo) (Entered: 01/27/2017)
1/26/2017 INDICTMENT FILED as to Gary Tanner (1) count(s) 1, 2, 3, 4, Andrew Davenport (2) count(s) 1, 2, 3, 4. (jbo) (Entered: 01/27/2017)
12/29/2016
  • Motion to Continue
ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Gary Tanner, Andrew Davenport. Time excluded from 12/29/16 until 1/30/17. (Signed by Magistrate Judge Barbara C. Moses on 12/29/16)(jbo) [1:16-mj-07338-UA] (Entered: 01/06/2017)
12/29/2016AFFIRMATION of Howard Master in Support by USA as to Gary Tanner, Andrew Davenport, the government is requesting a 30-day continuance until 1/30/17. (jbo) [1:16-mj-07338-UA] (Entered: 01/06/2017)
12/2/2016
  • Order
ORDER as to Gary Tanner. ORDERED that the Defendant's bail be modified to include surrender all firearms and not possess firearms. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 12/2/2016)(dif) [1:16-mj-07338-UA] (Entered: 12/05/2016)
11/30/2016Rule 5(c)(3) Documents Received as to Gary Tanner from the United States District Court - District of Arizona (Phoenix Division). (gq) (Additional attachment(s) added on 11/30/2016: # 1 Supplement) (gq). [1:16-mj-07338-UA] (Entered: 11/30/2016)
11/29/2016Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance as to Andrew Davenport held on 11/29/2016. Deft appears with atty's John Rosen and Mary Bonaccorsi. AUSA Howard Master present for the gov't. Agreed conditions of release; $2,000,000 PRB. Secured by residence in Haverford, PA. Travel restricted to SDNY/EDNY/ED PA and Washington, D.C. to meet with counsel, unless permitted by PTS. Surrender travel documents (& no new applications). Pretrial supervision as directed by Pretrial Services. Deft not to possess firearm/destructive device/other weapon. Deft to reside at 190 Golf House Road, Haverford, PA. Deft to refrain from contact with co-defts or potential witnesses in this case, or individuals engaged in criminal activity. Deft to refrain from excessive use of alcohol or from any use of narcotic drug or other controlled substance. These are conditions previously set in ED PA and are continued in the SDNY.( Preliminary Hearing set for 12/29/2016 at 10:00 AM before Judge Unassigned.) (gq) [1:16-mj-07338-UA] (Entered: 11/30/2016)
11/29/2016Surrender of Andrew Davenport. SDNY. (gq) [1:16-mj-07338-UA] (Entered: 11/30/2016)
11/29/2016
  • Order
Oral Order to Unseal Case as to Gary Tanner, Andrew Davenport. (Signed by Magistrate Judge James L. Cott on 11/29/2016)(gq) [1:16-mj-07338-UA] (Entered: 11/30/2016)
11/29/2016Minute Entry for proceedings held before Magistrate Judge James L. Cott:Initial Appearance as to Gary Tanner held on 11/29/2016. Deft appears with atty's Brendan McGuire and Todd Blanche. AUSA Howard Master present for the gov't. Agreed conditions of release: $1,000,000 PRB. Secured by $300,000 in property. Travel restricted to Continental United States. Surrender travel documents (& no new applications). Pretrial supervision as directed by Pretrial Services. Bond co-signed by defendant's wife. The conditions set in the District of Arizona are continued in the Southern District of New York. ( Preliminary Hearing set for 12/29/2016 at 10:00 AM before Judge Unassigned.) (gq). [1:16-mj-07338-UA] (Entered: 11/30/2016)
11/28/2016NOTICE OF ATTORNEY APPEARANCE: Brendan Robert McGuire appearing for Gary Tanner. (gq) [1:16-mj-07338-UA] (Entered: 11/30/2016)
11/28/2016NOTICE OF ATTORNEY APPEARANCE: Todd Blanche appearing for Gary Tanner. (gq) [1:16-mj-07338-UA] (Entered: 11/30/2016)
11/28/2016NOTICE OF ATTORNEY APPEARANCE: Howard M. Shapiro appearing for Gary Tanner. (gq) [1:16-mj-07338-UA] (Entered: 11/30/2016)
11/22/2016Attorney update in case as to Andrew Davenport (2). Attorney Jonathan Niles Rosen for Andrew Davenport added. [*** NOTE: Refer to Order, doc.#8, filed on 11/22/2016. ***] (bw) (Entered: 02/02/2017)
11/22/2016Attorney update in case as to Andrew Davenport (2). Attorney Mary Clare Bonaccorsi for Andrew Davenport added. [*** NOTE: Refer to Order, doc.#6, filed on 11/22/2016. ***] (bw) (Entered: 02/02/2017)
11/22/2016
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 7 Motion for Jonathan N. Rosen to Appear Pro Hac Vice as to Andrew Davenport (2). (Signed by Magistrate Judge Debra C. Freeman on 11/22/2016) (gq) [1:16-mj-07338-UA] (Entered: 11/30/2016)
11/22/2016
  • Motion to Appear Pro Hac Vice
MOTION for Jonathan N. Rosen to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Andrew Davenport. (gq) [1:16-mj-07338-UA] (Entered: 11/30/2016)
11/22/2016
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 5 Motion for Mary Clare Bonaccorsi to Appear Pro Hac Vice as to Andrew Davenport (2). (Signed by Magistrate Judge Debra C. Freeman on 11/22/2016) (gq) [1:16-mj-07338-UA] (Entered: 11/30/2016)
11/22/2016
  • Motion to Appear Pro Hac Vice
MOTION for Mary Clare Bonaccorsi to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Andrew Davenport. (gq) [1:16-mj-07338-UA] (Entered: 11/30/2016)
11/17/2016Arrest of Gary Tanner in the United States District Court - District of Arizona (Phoenix Division). (gq) [1:16-mj-07338-UA] (Entered: 11/30/2016)
11/16/2016
  • Complaint
SEALED COMPLAINT as to Gary Tanner (1), Andrew Davenport (2) in violation of 18 U.S.C. 371, 1343, 1346, 1349, 1956. (Signed by Magistrate Judge Gabriel W. Gorenstein) (gq) [1:16-mj-07338-UA] (Entered: 11/30/2016)
11/16/2016
  • Order
Oral Order to Seal Case as to Gary Tanner, Andrew Davenport. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/16/2016)(gq) [1:16-mj-07338-UA] (Entered: 11/30/2016)