Case 1:18-cr-00509-GBD Document 675 Filed 12/10/20 Page 1 of 5
`Case 1:18—cr-00509-GBD Document 675 Filed 12/10/20 Page 1 of 5
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`UNITED STATES DISTRICT COURT
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`UNITED STATES OF AMERICA,
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`SOUTHERN DISTRICT OF NEW YORK
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`—against—
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`MAXIM SUVERIN,
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`;
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`2
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`ORDER
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`18 Crim. 509—26 (GBD)
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`________________________________________ X
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`Defendant.
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`GEORGE B. DANIELS, United States District Judge:
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`A status conference will occur as a videoconference using the CourtCall platform on
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`December 16, 2020, at 9:00 a.m. As requested, defense counsel will be given an opportunity to
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`speak with the Defendant by telephone for fifteen minutes before the proceeding begins (i.e., at
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`8:45 a.m.); defense counsel should make sure to answer the telephone number that was previously
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`provided to Chambers at that time.
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`To optimize the quality of the video feed, only the Court, the Defendant, defense counsel,
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`probation, and counsel for the Government will appear by video for the proceeding; all others will
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`participate by telephone. Due to the limited capacity of the CourtCall system, only one counsel
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`per party may participate. Co-counsel, members of the press, and the public may access the audio
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`feed of the conference by calling 855-268-7844 and using access code 32091812# and PIN
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`9921299#.
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`In advance of the conference, Chambers will email the parties with further information on
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`how to access the conference. Those participating by video will be provided a link to be pasted
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`into their browser. The link is non-transferrable and can be used by only one person; further,
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`it should be used only at the time of the conference because using it earlier could result in
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`disruptions to other proceedings.
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`Case 1:18-cr-00509-GBD Document 675 Filed 12/10/20 Page 2 of 5
`Case 1:18-cr-00509-GBD Document 675 Filed 12/10/20 Page 2 of 5
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`To optimize use of the CourtCall technology, all those participating by video should:
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`1. Use the most recent version of Firefox, Chrome, or Safari as the web browser. Do
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`not use Internet Explorer.
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`2. Use hard-wired internet or WiF i. If using WiFi, the device should be positioned as
`close to the Wi—Fi router as possible to ensure a strong signal. (Weak signals may
`cause delays or dropped feeds.)
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`3. Minimize the number of others using the same WiFi router during the conference.
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`Further, all participants must identify themselves every time they speak, spell any proper names
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`for the court reporter, and take care not to interrupt or speak over one another. Finally, all of those
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`accessing the conference —~ whether in listen-only mode or otherwise — are reminded that
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`recording or rebroadcasting of the proceeding is prohibited by law.
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`If CourtCall does not work well enough and the Court decides to transition to its
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`teleconference line, counsel should call 888-363-4749 and use access code 4523890. Members of
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`the press and public may call the same number, but will not be permitted to speak during the
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`conference.
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`In that event, and in accordance with the Court’s Emergency Individual Rules and
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`Practices
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`in
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`Light
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`of
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`COVID—19,
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`available
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`at
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`https://www.nysd.uscourts.gov/sites/default/files/practicewdocuments/GBD%20Daniel5%2OIndi
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`vidual%2ORules%20and%20Practices.PDF, counsel should adhere to the following rules and
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`guidelines during the hearing:
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`1. Each party should designate a single lawyer to speak on its behalf (including when
`noting the appearances of other counsel on the telephone).
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`2. Counsel should use a landline whenever possible, should use a headset instead of a
`speakerphone, and must mute themselves whenever they are not speaking to
`eliminate background noise.
`In addition, counsel should not use voice-activated
`systems that do not allow the user to know when someone else is trying to speak at
`the same time.
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`3. To facilitate an orderly teleconference and the creation of an accurate transcript,
`counsel are required to identify themselves every time they speak. Counsel should
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`Case 1:18-cr-00509-GBD Document 675 Filed 12/10/20 Page 3 of 5
`Case 1:18-cr-00509-GBD Document 675 Filed 12/10/20 Page 3 of 5
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`spell any proper names for the court reporter. Counsel should also take special care
`not to interrupt or speak over one another.
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`4.
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`If there is a beep or chime indicating that a new caller has joined while counsel is
`speaking, counsel should pause to allow the Court to ascertain the identity of the
`new participant and confirm that the court reporter has not been dropped from the
`call.
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`If possible, defense counsel shall discuss the attached Waiver of Right to be Present at
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`Criminal Proceeding with the Defendant prior to the proceeding.
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`If the Defendant consents, and
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`is able to sign the form (either personally or, in accordance with Standing Order 20—MC—174 of
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`March 27, 2020, by defense counsel), defense counsel shall file the executed form at least 24
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`hours prior to the proceeding.
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`In the event the Defendant consents, but counsel is unable to
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`obtain or affix the Defendant’s signature on the form, the Court will conduct an inquiry at the
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`outset of the proceeding to determine whether it is appropriate for the Court to add the Defendant’s
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`signature to the form.
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`To the extent that there are any documents relevant to the proceeding (e. g., proposed orders
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`or documents regarding restitution, forfeiture, or removal), counsel should submit them to the
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`Court (by email or on ECF, as appropriate) at least at least 24 hours prior to the proceeding. To
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`the extent any documents require the Defendant’s signature, defense counsel should endeavor to
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`get them signed in advance of the proceeding as set forth above; if defense counsel is unable to do
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`so, the Court will conduct an inquiry during the proceeding to determine whether it is appropriate
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`for the Court to add the Defendant’s signature.
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`SO ORDERED.
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`Dated: December 10, 2020
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`New York, New York
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`\
`‘
`
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`GEfiE B. DANIELS
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`nit
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`States District Judge
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`Case 1:18-cr-00509-GBD Document 675 Filed 12/10/20 Page 4 of 5
`Case 1:18—cr-00509-GBD Document 675 Filed 12/10/20 Page 4 of 5
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF NEW YORK
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`_________________________________________________________________X
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`UNITED STATES OF AMERICA
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`'V'
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`WAIVER OF RIGHT TO BE
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`PRESENT AT CRIMINAL
`PROCEEDING
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`D f
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`.dt____________X
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`at
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`l
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`l l
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`)
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`Check Proceeding that Applies
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`Entry of Plea of Guilty
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`lam aware that l have been charged with violations of federal law.
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`I have consulted with
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`my attorney about those charges.
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`I have decided that I wish to enter a plea of guilty to
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`certain charges.
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`I understand I have a right to appear before a judge in a courtroom in
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`the Southern District of New York to enter my plea of guilty and to have my attorney
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`beside me as I do.
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`I am also aware that the public health emergency created by the
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`COVlD-19 pandemic has interfered with travel and restricted access to the federal
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`courthouse.
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`l have discussed these issues with my attorney. By signing this document, I
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`wish to advise the court that l willingly give up my right to appear in person before the
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`judge to enter a plea of guilty. By signing this document, I also wish to advise the court
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`that l willingly give up any right I might have to have my attorney next to me as | enter my
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`plea so long as the following conditions are met.
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`I want my attorney to be able to
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`participate in the proceeding and to be able to Speak on my behalf during the proceeding.
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`I also want the ability to speak privately with my attorney at any time during the
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`proceeding if I wish to do so.
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`Date:
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`Print Name
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`Signature of Defendant
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`Sentence
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`I understand that l have a right to appear before a judge in a courtroom in the Southern
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`District of New York at the time of my sentence and to speak directly in that courtroom
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`to the judge who will sentence me.
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`I am also aware that the public health emergency
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`created by the COVlD-19 pandemic has interfered with travel and restricted access to the
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`federal courthouse.
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`I do not wish to wait until the end ofthis emergency to be sentenced.
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`Case 1:18-cr-00509-GBD Document 675 Filed 12/10/20 Page 5 of 5
`Case 1:18—cr-00509-GBD Document 675 Filed 12/10/20 Page 5 of 5
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`l have discussed these issues with my attorney and willingly give up my right to be
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`present, at the time my sentence is imposed, in the courtroom with my attorney and the
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`judge who will impose that sentence. By signing this document, | wish to advise the court
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`that l willingly give up my right to appear in a courtroom in the Southern District of New
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`York for my sentencing proceeding as well as my right to have my attorney next to me at
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`the time of sentencing on the following conditions.
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`I want my attorney to be able to
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`participate in the proceeding and to be able to speak on my behalf at the proceeding.
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`I also want the ability to speak privately with my attorney at any time during the
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`proceeding if I wish to do so.
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`Date:
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`Print Name
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`Signature of Defendant
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`I hereby affirm that I am aware of my obligation to discuss with my client the charges against my
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`client, my client’s rights to attend and participate in the criminal proceedings encompassed by
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`this waiver, and this waiver and consent form.
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`I affirm that my client knowingly and voluntarily
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`consents to the proceedings being held with my client and me both participating remotely.
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`Date:
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`Print Name
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`Signature of Defense Counsel
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`Addendum for a defendant who requires services of an interpreter:
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`| used the services of an interpreter to discuss these issues with the defendant. The interpreter
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`also translated this document, in its entirety, to the defendant before the defendant signed it.
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`The interpreter’s name is:
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`Date:
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`Signature of Defense Counsel
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`Accepted:
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`Signature ofJudge
`Date:
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