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USA v. Suen et al

1:18-cr-00827 | New York Southern District Court

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Division Foley Square
Judge Judge Gregory H. Woods
Filed Nov. 14, 2018
Terminated March 11, 2020
Case Flags CLOSED, ECF, and PRIOR
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Filing Date # Docket Text
3/27/2025Satisfaction of Judgment
8/12/2024~Util - Terminate Motions, Stipulation and Order
1/11/2024 MEMO ENDORSEMENT as to Miyuki Suen (1) granting 159 FIRST LETTER MOTION addressed to Judge Gregory H. Woods from Steven Brill dated January 10, 2024 re: Release of Ms. Suen's US Passport. ENDORSEMENT: Application granted. Pre-trial services may return Ms. Suen's passport to her counsel, Mr. Brill. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 159. (Signed by Judge Gregory H. Woods on 1/11/2024) (ap)
2/20/2021MEMO ENDORSEMENT 157 LETTER MOTION Seeking permission to continue my assignment under CJA and to utilize CJA Funds to do so...ENDORSEMENT...Application granted. Mr. Brill is granted leave to continue his appointment for the purpose of exploring early release administratively and to file, if appropriate, a motion for compassionate release before the Court. The Court's grant of this request should not be construed as an endorsement of thesubstance of any request for administrative relief from the BOP by Ms. Suen. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 157. (Signed by Judge Gregory H. Woods on 2/20/21) (jw) (Entered: 02/22/2021)
2/19/2021FIRST LETTER MOTION addressed to Judge Gregory H. Woods from Steven Brill dated February 19, 2021 re: Seeking Permission for Continued CJA Assignment . Document filed by Miyuki Suen. (Brill, Steven) (Entered: 02/19/2021)
10/29/2020MEMO ENDORSEMENT as to Miyuki Suen granting 154 THIRD LETTER MOTION addressed to Judge Gregory H. Woods from Steven Brill dated October 5, 2020 re: Extension of Date for Surrender to BOP Due to Health Crisis. ENDORSEMENT: Application granted. The surrender date for Ms. Suen is extended to February 13, 2021. This order amends the order entered by the Court on October 10, 2020, Dkt. No. 155. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/29/2020) (lnl) (Entered: 10/30/2020)
10/10/2020MEMO ENDORSED granting 154 LETTER MOTION Extension of Date for Surrender to BOP Due to Health Crisis as to Miyuki Suen (1)...ENDORSEMENT: Application granted. The surrender date for Ms. Suen is extended to February 13, 2020. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 154. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/10/2020) (jbo) (Entered: 10/13/2020)
10/5/2020THIRD LETTER MOTION addressed to Judge Gregory H. Woods from Steven Brill dated October 5, 2020 re: Extension of Date for Surrender to BOP Due to Health Crisis . Document filed by Miyuki Suen. (Attachments: # 1 Exhibit Medical Record (Redacted))(Brill, Steven) (Entered: 10/05/2020)
8/12/2020MEMO ENDORSEMENT 152 LETTER MOTION Requesting that Ms. Suen's location monitoring requirement be removed as to Miyuki Suen...ENDORSEMENT...Application granted. The conditions of Ms. Suen's release are modified as follows: the condition requiring electronic location monitoring is removed. All other conditions of Ms. Suen's release remain in full force and effect. (Signed by Judge Gregory H. Woods on 8/12/20) (jw) (Entered: 08/13/2020)
8/5/2020FIRST LETTER MOTION addressed to Judge Gregory H. Woods from Steven Brill dated August 5, 2020 re: Requesting Modification of Release . Document filed by Miyuki Suen. (Brill, Steven) (Entered: 08/05/2020)
7/23/2020151SEALED DOCUMENT placed in vault. (dn) (Entered: 07/24/2020)
7/23/2020150SEALED DOCUMENT placed in vault. (dn) (Entered: 07/24/2020)
7/1/2020MEMO ENDORSEMENT 148 LETTER MOTION Seeking to adjourn defendant surrender date as to Miyuki Suen...ENDORSEMENT...Application granted. The surrender date for Ms. Suen is extended to October 16, 2020. (Signed by Judge Gregory H. Woods on 7/1/20) (jw) (Entered: 07/02/2020)
6/30/2020SECOND LETTER MOTION addressed to Judge Gregory H. Woods from Steven Brill dated June 30, 2020 re: Extension of Date for Surrender to BOP Due to Health Crisis . Document filed by Miyuki Suen. (Brill, Steven) (Entered: 06/30/2020)
6/9/2020MEMO ENDORSEMENT 146 LETTER MOTION To request that the Court order Pretrial Services to release Mr. Chen's identification documents back to him as to Kin Lui Chen....ENDORSEMENT...Application granted. Pretrial Services is authorized to return Mr. Chen's travel documents to him or to his counsel. In light of COVID-19, Pretrial Services may return the documents to Mr. Chen by mail or express mail delivery to an address designated by Mr. Chen's counsel. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 146. (Signed by Judge Gregory H. Woods on 6/9/20) (jw) (Entered: 06/10/2020)
6/9/2020 LETTER MOTION addressed to Judge Gregory H. Woods from Edward V. Sapone dated June 9, 2020 re: Return of Identification Documents from Pretrial Services . Document filed by Kin Lui Chen. (Sapone, Edward) (Entered: 06/09/2020)
4/23/2020ORDER as to Jian Min Huang (2): the Motion is denied without prejudice to renewal following satisfaction of the statutory preconditions. While the Court denies the Motion, the Court encourages the Bureau of Prisons to act promptly in response to any application for compassionate release filed by Ms. Huang. The Court requests that the United States alert the Court and the defendant if they determine that they will be unable to act upon any such request within the 30 day statutory period. In such an event, the Court encourages the United States to consider waiving the statutory exhaustion requirement. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 44. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/23/2020) (See ORDER as set forth) (lnl) (Entered: 04/23/2020)
4/22/2020FIRST MOTION to Reduce Sentence Based Upon COVId-19 Crisis. Document filed by Jian Min Huang. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Kleinman, Bernard) (Entered: 04/22/2020)
4/15/2020TRANSCRIPT of Proceedings as to Kin Lui Chen re: Sentence held on 3/10/2020 before Judge Gregory H. Woods. 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 5/6/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/14/2020. (McGuirk, Kelly) (Entered: 04/15/2020)
4/5/2020MEMO ENDORSEMENT 140 LETTER MOTION Seeking a judicial recommendation to the Federal Bureau of Prisons that it make a motion to this Court pursuant to 18 USC 3582(c)(1)(A) to modify Mr. Qu's sentence...ENDORSEMENT...Application denied. The Court does not understand that Mr. Qu has particular medical needs that make him vulnerable to COVID-19. The Bureau of Prisons is confronting a national issue; the Court declines to make a recommendation that they prioritize Mr. Qu's needs over those of other inmates who may be confronting more substantial concerns. The Court is not certain that it is rational and right for the Court to ask that the BOP focus its limited resources on inmates with the most effective and energetic counsel, rather than on the inmates with the greatest needs and vulnerabilities. The Court also notes the limitations on the Court's authority with respect to such issues. See 18 U.S.C. § 3621(b). The Clerk of Court is directed to terminate the motion pending at Dkt. No. 140. (Signed by Judge Gregory H. Woods on 4/5/2020) (jw) (Entered: 04/06/2020)
4/4/2020 LETTER MOTION addressed to Judge Gregory H. Woods from Scott B. Tulman dated April 4, 2020 re: Judicial Recommendation to Bureau of Prisons for Compassionate Relief Motion . Document filed by Fangrang Qu. (Attachments: # 1 Exhibit Judgment, # 2 Exhibit Endorsed Letter dated 3/27/20, # 3 Exhibit Opinion and Order - Furman, J., # 4 Exhibit Opinon and Order - Torres, J., # 5 Exhibit Barr Memo 4 3 2020)(Tulman, Scott) (Entered: 04/04/2020)
3/27/2020MEMO ENDORSEMENT as to Miyuki Suen (1) granting 138 FIRST LETTER MOTION addressed to Judge Gregory H. Woods from Steven Brill dated March 26, 2020 re: Extension of Date for Surrender to BOP. ENDORSEMENT: Application granted. The surrender date for Ms. Suen is extended to July 17, 2020. (Signed by Judge Gregory H. Woods on 3/27/2020) (ap) (Entered: 03/27/2020)
3/26/2020FIRST LETTER MOTION addressed to Judge Gregory H. Woods from Steven Brill dated March 26, 2020 re: Extension of Date for Surrender to BOP . Document filed by Miyuki Suen. (Brill, Steven) (Entered: 03/26/2020)
3/19/2020MEMO ENDORSEMENT as to Jian Min Huang on re: 136 LETTER by Jian Min Huang addressed to Judge Gregory H. Woods from B. KLEINMAN dated 03/18/2020 re: Release of Passport from PTS. ENDORSEMENT: Application granted. Pre-trial services may return Ms. Huang's passport to her counsel, Mr. Kleinman. (Signed by Judge Gregory H. Woods on 3/19/2020) (ap) (Entered: 03/19/2020)
3/18/2020 LETTER by Jian Min Huang addressed to Judge Gregory H. Woods from B. KLEINMAN dated 03/18/2020 re: Release of Passport from PTS (Kleinman, Bernard) (Entered: 03/18/2020)
3/11/2020JUDGMENT IN A CRIMINAL CASE as to Kin Lui Chen (4). The Defendant pleaded guilty to Count 1. Count 2 is dismissed on the motion of the United States. IMPRISONMENT: Time served. SUPERVISED RELEASE: 3 years. ASSESSMENT: $100.00 due immediately. RESTITUTION: $146,202.93. (Signed by Judge Gregory H. Woods on 3/11/2020) (lnl) (Entered: 03/11/2020)
3/11/2020DISMISSAL OF COUNTS on Government Motion as to Kin Lui Chen (4) Count 2. (lnl) (Entered: 03/11/2020)
3/11/2020ORDER OF RESTITUTION as to Kin Lui Chen: Kin Lui Chen, the Defendant, shall pay restitution in the total amount of $146,202.93 to the victim of the offenses charged in Count One. The name and address of the victim is set forth in the Schedule of Victims attached hereto. Upon advice of a change of address, the Clerk of the Court is authorized to send payments to the new address without further order of this Court. (Signed by Judge Gregory H. Woods on 3/10/2020) (lnl) (Entered: 03/11/2020)
3/10/2020Minute Entry for proceedings held before Judge Gregory H. Woods: Sentencing held on 3/10/2020 for Kin Lui Chen (4) Count 2. Defendant Kin Lui Chen present with retained counsel, Edward Sapone, Esq. AUSA Daniel Nessim present. Court Reporter Karen Gorlaski present. Cantonese Interpreter Lily Lau present. Sentencing hearing held. The defendant is sentenced to time served, to be followed by 3 years of supervised release. Mandatory, standard and special conditions of supervised release apply. Fine waived. A special assessment in the amount of $100.00 dollars is imposed and shall be paid immediately. The Court orders restitution in the amount of $146,202.93 dollars, joint and several with all other co-defendants. Count 2 is dismissed on Government motion. (lnl) (Entered: 03/11/2020)
3/9/2020TRANSCRIPT of Proceedings as to Miyuki Suen re: Sentence held on 2/10/2020 before Judge Gregory H. Woods. 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 3/30/2020. Redacted Transcript Deadline set for 4/9/2020. Release of Transcript Restriction set for 6/8/2020. (McGuirk, Kelly) (Entered: 03/09/2020)
3/3/2020SENTENCING SUBMISSION by USA as to Kin Lui Chen. (Attachments: # 1 Exhibit A)(Nessim, Daniel) (Entered: 03/03/2020)
3/3/2020TRANSCRIPT of Proceedings as to Jian Min Huang re: Sentence held on 1/30/2020 before Judge Gregory H. Woods. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/24/2020. Redacted Transcript Deadline set for 4/3/2020. Release of Transcript Restriction set for 6/1/2020. (McGuirk, Kelly) (Entered: 03/03/2020)
3/3/2020TRANSCRIPT of Proceedings as to Songhua Qu re: Sentence held on 1/28/2020 before Judge Gregory H. Woods. 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 3/24/2020. Redacted Transcript Deadline set for 4/3/2020. Release of Transcript Restriction set for 6/1/2020. (McGuirk, Kelly) (Entered: 03/03/2020)
2/27/2020SENTENCING SUBMISSION by Kin Lui Chen. (Attachments: # 1 Exhibit A)(Sapone, Edward) (Entered: 02/27/2020)
2/25/2020SENTENCING SUBMISSION by Kin Lui Chen. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Sapone, Edward) (Entered: 02/26/2020)
2/19/2020127SEALED DOCUMENT placed in vault. (mhe) (Entered: 02/19/2020)
2/11/2020ORDER OF RESTITUTION as to Miyuki Suen. (Signed by Judge Gregory H. Woods on 2/10/2020) (See ORDER as set forth) (lnl) (Entered: 02/11/2020)
2/11/2020JUDGMENT IN A CRIMINAL CASE as to Miyuki Suen (1). The Defendant pleaded guilty to Count 1. Count 2 is dismissed on the motion of the United States. IMPRISONMENT: One year and one day. The Court recommends that the Bureau of Prisons designate the defendant to an institution close to the New York City area. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2 p.m. on April 20, 2020. SUPERVISED RELEASE: 2 years. ASSESSMENT: $100.00 due immediately. RESTITUTION: $146,2020.93. (Signed by Judge Gregory H. Woods on 2/10/2020) (lnl) (Entered: 02/11/2020)
2/10/2020DISMISSAL OF COUNTS on Government Motion as to Miyuki Suen (1) Count 2. (jbo) (Entered: 02/10/2020)
2/10/2020Minute Entry for proceedings held before Judge Gregory H. Woods: Sentencing held on 2/10/2020 for Miyuki Suen (1) Count 1. Defendant Miyuki Suen present with appointed CJA counsel Steven Brill, Esq. AUSA Daniel Nessim, joined by Jeremy Ross, HSI. Mandarin Interpreter Jianhang Mai present. Court Reporter Kristen Carannante present. Sentencing hearing held. The defendant is sentenced to a term of imprisonment of one year and one day, to be followed by 2 years of supervised release. Mandatory, standard and special conditions of supervised release apply. Fine waived. A special assessment in the amount of $100.00 dollars is imposed and shall be paid immediately. Restitution is ordered in the amount of $146,202.93. Count 2 is dismissed on Government motion. The defendant is permitted to voluntarily surrender for service of sentence to the facility designated by the BOP on April 20, 2020 by no later than 2:00 p.m. Bail continued. (jbo) (Entered: 02/10/2020)
2/10/2020123SEALED DOCUMENT placed in vault. (mhe) (Entered: 02/10/2020)
2/10/2020122SEALED DOCUMENT placed in vault. (mhe) (Entered: 02/10/2020)
2/7/2020ORDER OF RESTITUTION as to (18-Cr-827-03) Songhua Qu. Upon the application of the United States of America, by its attorney, Geoffrey S. Berman, United States Attorney for the Southern District of New York, Daniel G. Nessim, Assistant United States Attorney, of counsel; the presentence report; the Defendant's conviction on Count One and of the above-referenced Indictment; and all other proceedings in this case, it is hereby ORDERED that: 1.Amount of Restitution. Songhua Qu, the Defendant, shall pay restitution in the total amount of $145,527.80 to the victim of the offenses charged in Count One.(See Footnote 1 on this Order of Restitution). The name and address of the victim is set forth in the Schedule of Victims attached hereto. Upon advice of a change of address, the Clerk of the Court is authorized to send payments to the new address without further order of this Court. 2.Joint and Several Liability. Restitution is joint and several with all defendants in case 18 Cr. 827 (GHW)....[See this Order of Restitution]... 7. Sealing. Consistent with 18 U.S.C. §§3771(a)(8) & 3664(d)(4) and Federal Rule of Criminal Procedure 49.1, to protect the privacy interests of victims, the Schedule of Victims, attached hereto as Schedule A, shall be filed under seal, except that copies may be retained and used or disclosed by the Government, the Clerk's Office, and the Probation Department, as need be to effect and enforce this Order, without further order of this Court. (Signed by Judge Gregory H. Woods on 1/28/2020)(bw) (Entered: 02/07/2020)
2/5/2020CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY / MONEY JUDGMENT: as to (18-Cr-827-02) Jian Min Huang....[See this Consent Preliminary Order of Forfeiture As To Specific Property/Money Judgment]... IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Geoffrey S. Berman, United States Attorney, Assistant United States Attorney, Daniel Nessim of counsel, and the defendant, and his counsel, Bernard V. Kleinman, Esq., that: 1. As a result of the offense charged in Count One of the Indictment, to which the defendant pled guilty, a money judgment in the amount of $17,280 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offense charged in Count One of the Indictment that the defendant personally obtained, shall be entered against the defendant. 2. As a result of the offense charged in Count One of the Indictment, to which the defendant pled guilty, all of the defendant's right, title and interest in the Specific Property is hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of Title 21, United States Code, Section 853....[See this Consent Preliminary Order of Forfeiture As To Specific Property/Money Judgment]... 14. The Clerk of the Court shall forward three certified copies of this Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment to Assistant United States Attorney Alexander J. Wilson, Co-Chief of the Money Laundering and Transnational Criminal Enterprises Unit, United States Attorney's Office, One St. Andrew's Plaza, New York, New York 10007. 15. The signature page of this Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. SO ORDERED: (Signed by Judge Gregory H. Woods on 1/30/2020) [*** NOTE: The Clerk of the Court has forwarded three certified copies of this Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment to AUSA Alexander J. Wilson, by interoffice mail on 2/5/2020. ***] (bw) (Entered: 02/05/2020)
2/5/2020ORDER OF RESTITUTION as to (18-Cr-827-02) Jian Min Huang. Upon the application of the United States of America, by its attorney, Geoffrey S. Berman, United States Attorney for the Southern District of New York, Daniel G. Nessim, Assistant United States Attorney, of counsel; the presentence repo1i; the Defendant's conviction on Count One and of the above-referenced Indictment; and all other proceedings in this case, it is hereby ORDERED that: 1. Amount of Restitution. Jian Min Huang, the Defendant, shall pay restitution in the total amount of $146,202.93 to the victim of the offenses charged in Count One. The name and address of the victim is set forth in the Schedule of Victims attached hereto. Upon advice of a change of address, the Clerk of the Court is authorized to send payments to the new address without further order of this Court. 2. Joint and Several Liability. Restitution is joint and several with all defendants in case 18 Cr. 827 (GHW)....[See this Order of Restitution]... 7. Sealing. Consistent with 18 U.S.C. §§3771(a)(8) & 3664(d)(4) and Federal Rule of Criminal Procedure 49.1, to protect the privacy interests of victims, the Schedule of Victims, attached hereto as Schedule A, shall be filed under seal, except that copies may be retained and used or disclosed by the Government, the Clerk's Office, and the Probation Department, as need be to effect and enforce this Order, without further order of this Court. (Signed by Judge Gregory H. Woods on 1/30/2020)(bw) (Entered: 02/05/2020)
2/4/2020JUDGMENT IN A CRIMINAL CASE as to Jian Min Huang (2). THE DEFENDANT: pleaded guilty to Count 1. Count 2 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 Court recommends that the Bureau of Prisons designate the defendant to an institution close to the New York City area. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on March 16, 2020. SUPERVISED RELEASE: 2 years. ASSESSMENT: $100.00. RESTITUTION: $146,202.93. Name of Payee: See Schedule of Victims filed under seal. Special instructions regarding the payment of criminal monetary penalties: The special assessment shall be paid immediately. During the term of imprisonment, the defendant shall remit restitution in conjunction with the Inmate Financial Responsibility Program, but in any event not less than $25 per quarter. Through the Inmate Financial Responsibility Program (BOP Policy Statement 5380-08), an inmate's deposits are reviewed for a six-month period, amounts are subtracted for commissary and other expenses (currently $75 per month), and the remaining balance is used to determine payments toward financial sanctions. The balance of the restitution shall be paid in monthly installments of at least 10% of her gross monthly income over a period of supervision to commence 30 days after the date of the defendant's release from custody. The defendant shall notify the United States Attorney for this district within 30 days of any change of mailing or residence address that occurs while any p01tion of the restitution remains outstanding. Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. Joint and Several: 1:18-cr-827-GHW-2. See ADDITIONAL DEFENDANTS AND CO-DEFENDANTS HELD JOINT AND SEVERAL. (Signed by Judge Gregory H. Woods on 1/31/2020) (ap) Modified on 2/10/2020 (ap). (Entered: 02/04/2020)
2/3/2020Set/Reset Hearings as to Kin Lui Chen: Sentencing set for 3/10/2020 at 10:00 AM before Judge Gregory H. Woods. (ap) (Entered: 02/04/2020)
2/3/2020SENTENCING SUBMISSION by USA as to Miyuki Suen. (Attachments: # 1 Victim Impact Statement)(Nessim, Daniel) (Entered: 02/03/2020)
2/3/2020MEMO ENDORSEMENT as to Kin Lui Chen (4) granting 111 LETTER MOTION addressed to Judge Gregory H. Woods from Edward V. Sapone dated January 27, 2020 re: Request to Adjourn Sentencing. ENDORSEMENT: Application granted. The sentencing hearing scheduled for February 12, 2020 is adjourned to March 10, 2020 at 10:00 a.m. Defendant's sentencing memorandum is due February 25, 2020; the Government's memorandum is due March 3, 2020. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 111. (Signed by Judge Gregory H. Woods on 1/31/2020) (ap) (Entered: 02/03/2020)
1/30/2020DISMISSAL OF COUNTS on Government Motion as to Jian Min Huang (2) Count 2. (jbo) (Entered: 01/31/2020)
1/30/2020Minute Entry for proceedings held before Judge Gregory H. Woods: Sentencing held on 1/30/2020 for Jian Min Huang (2) Count 1. Defendant Jian Min Huang present with retained counsel, Bernard Kleinman, Esq. AUSA Daniel Nessim present, joined by Jason Petri, Task Force Officer, HSI. Court Reporter Rose Prater present. Mandarin Interpreter Nancy Wu present. Sentencing hearing held. The defendant is sentenced to a term of imprisonment of one year and one day on Count 1, to be followed by 2 years of supervised release. Mandatory, standard and special conditions of supervised release apply. Fine waived. A special assessment in the amount of $100.00 dollars is imposed and shall be paid immediately. Restitution is ordered in the amount of $146,202.93 dollars, jointly and severally. The open count is dismissed on Government motion. The Court recommends that the BOP designate the defendant to an institution close to the NYC area. The defendant shall self surrender for service of sentence to the facility designated by the BOP on March 16, 2020, no later than 2:00 p.m., or to the US Marshals in this district (500 Pearl Street New York, NY 10007 4th floor) on the same date and time if not yet designated. (jbo) (Entered: 01/31/2020)
1/29/2020JUDGMENT IN A CRIMINAL CASE as to Songhua Qu (3). THE DEFENDANT: pleaded guilty to Counts 1 and 2. PROBATION: 3 years. See SPECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $200.00. RESTITUTION: $145,527.80. Name of Payee: See Schedule of Victims page filed under seal. Special instructions regarding the payment of criminal monetary penalties: The Special assessment in the amount of $200.00 dollars shall be paid immediately. The restitution must be paid in monthly installments of 10% of gross monthly income over a period of supervision to commence 30 days after the date of the judgment. The defendant must notify the United States Attorney for this district within 30 days of any change of mailing or residence address that occurs while any portion of the restitution remains unpaid. Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. Joint and Several: 1:18-cr-827-GHW-3 Songhua Qu. See ADDITIONAL DEFENDANTS AND CO-DEFENDANTS HELD JOINT AND SEVERAL. (Signed by Judge Gregory H. Woods on 1/29/2020) (ap) Modified on 1/31/2020 (ap). (Entered: 01/29/2020)
1/28/2020Minute Entry for proceedings held before Judge Gregory H. Woods: Sentencing held on 1/28/2020 for Songhua Qu (3) Count 1,2. Defendant Songhua Qu present with CJA counsel Richard Palma, Esq. AUSA Daniel Nessim present, joined by Jason Petri, Task Force Officer, HSI. Court Reporter Jenn Thun present. Mandarin Interpreter Nancy Wu present. Sentencing hearing held. The defendant is sentenced to 3 years probation. Mandatory, standard and special conditions of probation apply. Restitution is ordered in the amount of $145,527.80 dollars, joint and several. Fine waived. A special assessment in the amount of $200.00 dollars is imposed and shall be paid immediately. (bw) (Entered: 01/29/2020)
1/27/2020SENTENCING SUBMISSION by Miyuki Suen. (Attachments: # 1 Exhibit A - Letter of Support, # 2 Exhibit B - Letter of Support, # 3 Exhibit C - Letter of Support, # 4 Exhibit D - Letter of Support, # 5 Exhibit E - Letter of Support, # 6 Exhibit F - Letter of Support, # 7 Exhibit G - Letter of Support, # 8 Exhibit H - Letter of Support, # 9 Exhibit I - Letter of Support)(Brill, Steven) (Entered: 01/27/2020)
1/27/2020 LETTER MOTION addressed to Judge Gregory H. Woods from Edward V. Sapone dated January 27, 2020 re: Request to Adjourn Sentencing . Document filed by Kin Lui Chen. (Sapone, Edward) (Entered: 01/27/2020)
1/24/2020Minute Entry for proceedings held before Judge Gregory H. Woods:Status Conference as to Jian Min Huang held on 1/24/2020( Sentencing set for 1/30/2020 at 02:30 PM before Judge Gregory H. Woods.) Defendant Jian Min Huang present with retained counsel Bernard Kleinman, Esq. AUSA Daniel Nessim present. Court Reporter Sonya Moore present. Mandarin Interpreter Victor Chang present. The Court addressed issues in connection with the sentencing submissions of Defendant. The sentencing hearing is adjourned to Thursday January 30, 2020 at 2:30 p.m. Bail continued. (jw) (Entered: 01/27/2020)
1/23/2020TRANSCRIPT of Proceedings as to Fangrang Qu re: Sentence held on 12/20/2019 before Judge Gregory H. Woods. 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 2/13/2020. Redacted Transcript Deadline set for 2/24/2020. Release of Transcript Restriction set for 4/22/2020. (McGuirk, Kelly) (Entered: 01/23/2020)
1/21/2020SENTENCING SUBMISSION by USA as to Songhua Qu. (Attachments: # 1 Victim Impact Statement)(Nessim, Daniel) (Entered: 01/21/2020)
1/21/2020ORDER as to Jian Min Huang. The defendants January 9, 2020 sentencing submission, Dkt. No. 101, raises a number of issues that the Court believes should be resolved prior to sentencing. For example, Ms. Huang takes positions that appear to be inconsistent with her plea agreementin particular by arguing for a departure from the applicable guidelines range, and for a minor role adjustment not provided for in the parties stipulated guidelines range. Ms. Huang also takes the position that the Government has failed in its duty to satisfy the preponderance of the evidence quantum of proof standard with respect to the assessment of the appropriate loss amount. It appears that Ms. Huang may also wish to present evidence to the Court to support her claim for entitlement to a minor role adjustment. As a result of the issues raised by the defendants sentencing submission, including the issues highlighted above, sentencing will not take place on January 24, 2020 at 4:00 p.m. as currentlyscheduled. Instead, the Court will hold a conference at that date and time to discuss the partiesrespective positions regarding the positions asserted by the defendant in her sentencing submission, and their effect on the defendants plea agreement. In the event that the defendant wishes to pursue the minor role adjustment suggested in the sentencing submission, or issues with respect to the loss amount, the Court will also discuss the need to conduct a Fatico hearing with respect to those and any other factual issues relevant to sentencing (Signed by Judge Gregory H. Woods on 1/19/2020)(jw) (Entered: 01/21/2020)
1/20/2020SENTENCING SUBMISSION by Jian Min Huang. (Kleinman, Bernard) (Entered: 01/20/2020)
1/17/2020SENTENCING SUBMISSION by USA as to Jian Min Huang. (Attachments: # 1 Victim Impact Statement)(Nessim, Daniel) (Entered: 01/17/2020)
1/14/2020AMENDED JUDGMENT IN A CRIMINAL CASE as to Fangrang Qu (5). *RESTITUTION: $146,202.93. Name of Payee: *See Schedule of Victims page filed under seal. Special instructions regarding the payment of criminal monetary penalties: The special assessment in the amount of $100.00 dollars shall be paid immediately. During the term of imprisonment, the defendant shall remit restitution in conjunction with the Inmate Financial Responsibility Program, but in any event not less than $25 per quarter. Through the Inmate Financial Responsibility Program (BOP Policy Statement 5380-08), an inmate's deposits are reviewed for a six-month period, amounts are subtracted for commissary and other expenses (currently $75 per month), and the remaining balance is used to determine payments toward financial sanctions. The balance of the restitution shall be paid in monthly installments of at least 10% of his gross monthly income over a period of supervision to commence 30 days after the date of the defendant's release from custody. Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. *Joint and Several: **1:18-cr-00827-GHW-5 Fangrang Qu. See ADDITIONAL DEFENDANTS AND CO-DEFENDANTS HELD JOINT AND SEVERAL. (Signed by Judge Gregory H. Woods on 1/14/2020)(ap) (Entered: 01/14/2020)
1/14/2020ORDER OF RESTITUTION as to Fangrang Qu. (Signed by Judge Gregory H. Woods on 1/12/2020) (ap) (Entered: 01/14/2020)
1/14/2020SENTENCING SUBMISSION by Songhua Qu. (Attachments: # 1 Exhibit Family Letter)(Palma, Richard) (Entered: 01/14/2020)
1/9/2020CONSENT LETTER by USA as to Fangrang Qu addressed to Judge Gregory H. Woods from Daniel Nessim dated January 9, 2020 re: Proposed Restitution Document filed by USA. (Attachments: # 1 Proposed Restitution Order)(Nessim, Daniel) (Entered: 01/09/2020)
1/9/2020SENTENCING SUBMISSION by Jian Min Huang. (Attachments: # 1 Exhibit Med Rcrds re Dekai Qu, # 2 Exhibit Ltrs on Behalf of Defendant)(Kleinman, Bernard) (Entered: 01/09/2020)
1/6/2020JUDGMENT IN A CRIMINAL CASE as to Fangrang Qu (5). The defendant pleaded guilty to Count(s) 1. Imprisonment: 6 months; Supervised Release: 2 years; All open counts are Dismissed. The court makes the following recommendations to the Bureau of Prisons: The court recommends that the Bureau of Prisons designate the defendant to an institution close to New York City. Special Assessment: $100.00 shall be paid immediately. (Signed by Judge Gregory H. Woods on 1/6/20)(jbo) (Entered: 01/06/2020)
1/6/2020DISMISSAL OF COUNTS on Government Motion as to Fangrang Qu (5) Count 2. (jbo) (Entered: 01/06/2020)
12/20/2019Minute Entry for proceedings held before Judge Gregory H. Woods:Sentencing held on 12/20/2019 for Fangrang Qu (5) Count 1. Defendant Fangrang Qu present with CJA counsel Scott Tulman, Esq. AUSA Daniel Nessim present. Court Reporter Jennifer Thun present. Mandarin Interpreter Patsy Ong present. The defendant is sentenced to a term of imprisonment of 6 months on Count 1, to be followed by a term of 2 years of supervised release. Mandatory, standard and special conditions of supervised release apply. Fine waived. A special assessment in the amount of $100.00 dollars is imposed and shall be paid immediately. A proposed order of restitution shall be provided to the Court by January 10, 2020. All open counts are dismissed on Government motion. The Court recommends that the Bureau of Prisons designate the defendant to a facility close to NYC. The defendant shall voluntarily surrender to the designated facility for service of sentence by no later than February 14, 2020, or to the U.S. Marshals in this judicial district (500 Pearl Street, 4th floor), if not designated by that date. Bail continued (jw) (Entered: 01/06/2020)
12/20/2019Set/Reset Hearings as to Miyuki Suen: Sentencing set for 2/10/2020 at 04:00 PM before Judge Gregory H. Woods. (ap) (Entered: 12/20/2019)
12/20/2019MEMO ENDORSEMENT as to Miyuki Suen (1) granting 97 LETTER MOTION addressed to Judge Gregory H. Woods from Steven Brill dated December 18, 2019 re: Adjournment of Upcoming Sentencing Hearing. ENDORSEMENT: Application granted. The sentencing hearing scheduled for January 15, 2020 is adjourned to February 10, 2020 at 4:00 p.m. Defendant's sentencing memorandum is due January 27, 2020; the Government's memorandum is due February 3, 2020. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 97. (Signed by Judge Gregory H. Woods on 12/20/2019) (ap) (Entered: 12/20/2019)
12/18/2019 LETTER MOTION addressed to Judge Gregory H. Woods from Steven Brill dated December 18, 2019 re: Adjournment of Upcoming Sentencing Hearing . Document filed by Miyuki Suen. (Brill, Steven) (Entered: 12/18/2019)
12/18/2019SENTENCING SUBMISSION by Fangrang Qu. (Tulman, Scott) (Entered: 12/18/2019)
12/13/2019SENTENCING SUBMISSION by USA as to Fangrang Qu. (Nessim, Daniel) (Entered: 12/13/2019)
12/6/2019SENTENCING SUBMISSION by Fangrang Qu. (Tulman, Scott) (Entered: 12/06/2019)
11/18/2019NOTICE of Change of Address as to Songhua Qu. New Address: Richard Palma, Attorney At Law, PC, 122 East 42nd Street, Suite 620, New York, New York, United States 10168, 2126868111. (Palma, Richard) (Entered: 11/18/2019)
10/30/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jian Min Huang. Notice is hereby given that an official transcript of a Plea proceeding held on 9/24/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/30/2019)
10/30/2019TRANSCRIPT of Proceedings as to Jian Min Huang re: Plea held on 9/24/19 before Judge Gregory H. Woods. 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 11/20/2019. Redacted Transcript Deadline set for 12/2/2019. Release of Transcript Restriction set for 1/28/2020. (McGuirk, Kelly) (Entered: 10/30/2019)
10/28/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Miyuki Suen. Notice is hereby given that an official transcript of a Plea proceeding held on 9/19/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/28/2019)
10/28/2019TRANSCRIPT of Proceedings as to Miyuki Suen re: Plea held on 9/19/19 before Judge Gregory H. Woods. Court Reporter/Transcriber: Beth Fontane-Howard, (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 11/18/2019. Redacted Transcript Deadline set for 11/29/2019. Release of Transcript Restriction set for 1/27/2020. (McGuirk, Kelly) (Entered: 10/28/2019)
10/25/2019ENDORSED LETTER as to (18-Cr-827-02) Jian Min Huang addressed to Judge Gregory H. Woods from Attorney Bernard V. Kleinman dated October 24, 2019 re: By this letter I respectfully request that the Court direct pretrial services to remove the ankle monitoring device that my client is currently wearing. ENDORSEMENT: Application denied. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/25/2019)(bw) (Entered: 10/25/2019)
10/24/2019 LETTER by Jian Min Huang addressed to Judge Gregory H. Woods from B. Kleinman dated 24 OCT 2019 re: Removal of Monitoring Device (Kleinman, Bernard) (Entered: 10/24/2019)
10/15/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Kin Lui Chen. Notice is hereby given that an official transcript of a Plea proceeding held on 10/4/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/15/2019)
10/15/2019TRANSCRIPT of Proceedings as to Kin Lui Chen re: Plea held on 10/4/19 before Judge Gregory H. Woods. Court Reporter/Transcriber: Steven Greenblum, (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 11/5/2019. Redacted Transcript Deadline set for 11/15/2019. Release of Transcript Restriction set for 1/13/2020. (McGuirk, Kelly) (Entered: 10/15/2019)
10/15/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Songhua Qu. Notice is hereby given that an official transcript of a Plea proceeding held on 9/20/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/15/2019)
10/15/2019TRANSCRIPT of Proceedings as to Songhua Qu re: Plea held on 9/20/19 before Judge Gregory H. Woods. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/5/2019. Redacted Transcript Deadline set for 11/15/2019. Release of Transcript Restriction set for 1/13/2020. (McGuirk, Kelly) (Entered: 10/15/2019)
10/4/2019Set/Reset Hearings as to Kin Lui Chen: Sentencing set for 2/12/2020 at 04:00 PM before Judge Gregory H. Woods. (jbo) (Entered: 10/09/2019)
10/4/2019Order of Referral to Probation for Presentence Investigation and Report as to Kin Lui Chen. (Signed by Judge Gregory H. Woods on 10/4/19)(jbo) (Entered: 10/09/2019)
10/4/2019Change of Not Guilty Plea to Guilty Plea as to Kin Lui Chen (4) Count 1. (jbo) (Entered: 10/09/2019)
10/4/2019Minute Entry for proceedings held before Judge Gregory H. Woods: Plea entered by Kin Lui Chen (4) Guilty as to Count 1. (jbo) (Entered: 10/09/2019)
10/4/2019Minute Entry for proceedings held before Judge Gregory H. Woods: Change of Plea Hearing as to Kin Lui Chen held on 10/4/2019. Defendant Kin Lui Chen present with retained counsel, Edward Sapone, Esq. AUSA Daniel Nessim present. Court Reporter present. Cantonese Interpreter Lily Lau present. Change of plea hearing held. The defendant withdrew his earlier plea of not guilty and entered a plea of guilty to Count 1 of the indictment. PSI ordered. Sentencing is scheduled for February 12, 2020 at 4:00 p.m. Bail continued. (jbo) (Entered: 10/09/2019)
9/26/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Fangrang Qu. Notice is hereby given that an official transcript of a Plea proceeding held on 8/30/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 09/26/2019)
9/26/2019TRANSCRIPT of Proceedings as to Fangrang Qu re: Plea held on 8/30/19 before Judge Gregory H. Woods. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/17/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. (McGuirk, Kelly) (Entered: 09/26/2019)
9/24/2019Order of Referral to Probation for Presentence Investigation and Report as to Jian Min Huang. (Signed by Judge Gregory H. Woods on 9/24/19)(jbo) (Entered: 09/24/2019)
9/24/2019Set/Reset Hearings as to Jian Min Huang: Sentencing set for 1/24/2020 at 04:00 PM before Judge Gregory H. Woods. (jbo) (Entered: 09/24/2019)
9/24/2019Change of Not Guilty Plea to Guilty Plea as to Jian Min Huang (2) Count 1. (jbo) (Entered: 09/24/2019)
9/24/2019Minute Entry for proceedings held before Judge Gregory H. Woods: Plea entered by Jian Min Huang (2) Guilty as to Count 1. (jbo) (Entered: 09/24/2019)
9/24/2019Minute Entry for proceedings held before Judge Gregory H. Woods: Change of Plea Hearing as to Jian Min Huang held on 9/24/2019. Defendant Jian Min Huang present with retained counsel Bernard Kleinman, Esq. AUSAs Rebecca Dell and Daniel Nessim present. Court Reporter Alena Lynch present. Mandarin Interpreter Nancy Wu present. Change of Plea hearing held. The defendant withdrew her earlier plea of not guilty and entered a plea of guilty to Count 1 of the indictment. PSI ordered. Sentencing is scheduled for January 24, 2020 at 4:00 p.m. Bail continued. (jbo) (Entered: 09/24/2019)
9/20/2019Set/Reset Hearings as to Songhua Qu: Sentencing set for 1/28/2020 at 04:00 PM before Judge Gregory H. Woods. (jbo) (Entered: 09/20/2019)
9/20/2019Order of Referral to Probation for Presentence Investigation and Report as to Songhua Qu. (Signed by Judge Gregory H. Woods on 9/20/19)(jbo) (Entered: 09/20/2019)
9/20/2019Change of Not Guilty Plea to Guilty Plea as to Songhua Qu (3) Count 1,2. (jbo) (Entered: 09/20/2019)
9/20/2019Minute Entry for proceedings held before Judge Gregory H. Woods: Plea entered by Songhua Qu (3) Guilty as to Count 1,2. (jbo) (Entered: 09/20/2019)
9/20/2019Minute Entry for proceedings held before Judge Gregory H. Woods: Change of Plea Hearing as to Songhua Qu held on 9/20/2019. Defendant Songhua Qu present with appointed CJA counsel Richard Palma, Esq. AUSA Daniel Nessim present. Court Reporter Steven Griffing present. Mandarin Interpreter Victor Chang present. Change of Plea hearing held. The defendant withdrew his earlier pleas of not guilty and entered a plea of guilty to counts 1 and 2 of the indictment. PSI ordered. The sentencing hearing will be held on January 28, 2020 at 4:00 p.m. Bail continued. (jbo) (Entered: 09/20/2019)
9/19/2019Set/Reset Hearings as to Miyuki Suen: Sentencing set for 1/15/2020 at 04:00 PM before Judge Gregory H. Woods. (jbo) (Entered: 09/20/2019)
9/19/2019Order of Referral to Probation for Presentence Investigation and Report as to Miyuki Suen. (Signed by Judge Gregory H. Woods on 9/19/19)(jbo) (Entered: 09/20/2019)
9/19/2019Change of Not Guilty Plea to Guilty Plea as to Miyuki Suen (1) Count 1. (jbo) (Entered: 09/20/2019)
9/19/2019Minute Entry for proceedings held before Judge Gregory H. Woods: Plea entered by Miyuki Suen (1) Guilty as to Count 1. (jbo) (Entered: 09/20/2019)
9/19/2019Minute Entry for proceedings held before Judge Gregory H. Woods: Change of Plea Hearing as to Miyuki Suen held on 9/19/2019. Defendant Miyuki Suen present with appointed CJA counsel Steven G. Brill, Esq. AUSA Benjamin Gianforti present (for AUSA Daniel Nessim). Court Reporter Beth Fontaine-Howard present. Mandarin Interpreter Jian Hang Mai present. Change of plea hearing held. The defendant withdrew her earlier plea of not guilty and entered a plea of guilty to Count 1 of the Indictment. PSI ordered. The Court scheduled sentencing for January 15, 2020 at 4:00 p.m. Bail continued. (jbo) (Entered: 09/20/2019)
9/18/2019ORDER 74 LETTER MOTION Defendant Songhua Qu submitted a letter motion on July 30, 2019 to exclude statements made by counsel in an attempt to obtain a non-prosecution agreement. Dkt No. 74. The United States responded that it does not intend to offer the statements in its case in chief. Therefore, no ruling on this motion is necessary. The Clerk of Court is directed to terminate the motion pending at Dkt No. 74. (Signed by Judge Gregory H. Woods on 9/18/19) (jw) (Entered: 09/19/2019)
8/30/2019Order of Referral to Probation for Presentence Investigation and Report as to Fangrang Qu. (Signed by Judge Gregory H. Woods on 8/30/19)(jbo) (Entered: 09/09/2019)
8/30/2019Set/Reset Hearings as to Fangrang Qu: Sentencing set for 12/20/2019 at 04:00 PM before Judge Gregory H. Woods. (jbo) (Entered: 09/09/2019)
8/30/2019Change of Not Guilty Plea to Guilty Plea as to Fangrang Qu (5) Count 1. (jbo) (Entered: 09/09/2019)
8/30/2019Minute Entry for proceedings held before Judge Gregory H. Woods: Plea entered by Fangrang Qu (5) Guilty as to Count 1. (jbo) (Entered: 09/09/2019)
8/30/2019Minute Entry for proceedings held before Judge Gregory H. Woods: Change of Plea Hearing as to Fangrang Qu held on 8/30/2019. Defendant Fangrang Qu present with CJA counsel Scott Tulman, Esq. AUSA Daniel Nessim present. Court Reporter Kelly Surina present. Mandarin Interpreter Nancy Wu present. Change of plea hearing held. The defendant withdrew an earlier plea of not guilty and entered a plea of guilty to count 1 of the indictment. PSI ordered. Sentencing will be held on December 20, 2019 at 4:00 p.m. Bail continued. (jbo) (Entered: 09/09/2019)
8/5/2019 LETTER by USA as to Songhua Qu addressed to Judge Gregory H. Woods from Daniel Nessim dated August 5, 2019 re: Letter in Response to Songhua Qu's Motion in Limine Document filed by USA. (Nessim, Daniel) (Entered: 08/05/2019)
7/30/2019FIRST LETTER MOTION addressed to Judge Gregory H. Woods from Richard Palma, Attorney for Songhua Qu dated July 29, 2019 re: Defense Motion In Limine on behalf of Songhua Qu forbidding Government from Using in its Direct Case Representations Made by Counsel in Failed Attempt to Obtain Non-Prosecution Agreement.. Document filed by Songhua Qu. (Attachments: # 1 Exhibit A, Copy of Non-Prosecution Letter)(Palma, Richard) (Entered: 07/30/2019)
7/30/2019NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Songhua Qu: Notice to Attorney Palma, Richard to RE-FILE Document 73 FIRST MOTION in Limine on behalf of Songhua Qu. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 07/30/2019)
7/30/2019NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Songhua Qu: Notice to Attorney Palma, Richard to RE-FILE Document 72 FIRST MOTION in Limine on behalf of Songhua Qu. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 07/30/2019)
7/29/2019 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION in Limine on behalf of Songhua Qu. Document filed by Songhua Qu. (Attachments: # 1 Exhibit)(Palma, Richard) Modified on 7/30/2019 (ka). (Entered: 07/29/2019)
7/29/2019 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION in Limine on behalf of Songhua Qu. Document filed by Songhua Qu. (Palma, Richard) Modified on 7/30/2019 (ka). (Entered: 07/29/2019)
7/29/2019JOINT LETTER by USA as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu addressed to Judge Gregory H. Woods from Daniel Nessim dated July 29, 2019 re: Joint Statement of Facts and Law Document filed by USA. (Nessim, Daniel) (Entered: 07/29/2019)
7/29/2019Request To Charge by USA as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu. (Nessim, Daniel) (Entered: 07/29/2019)
7/29/2019PROPOSED EXAMINATION OF JURORS by USA as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu. (Nessim, Daniel) (Entered: 07/29/2019)
7/17/2019MEMO ENDORSED denying 67 LETTER MOTION Requesting Permission to file Interim CJA Vouchers as to Miyuki Suen (1)...ENDORSEMENT: Application Denied. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 67. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/17/19) (jbo) (Entered: 07/17/2019)
7/12/2019FIRST LETTER MOTION addressed to Judge Gregory H. Woods from Steven Brill dated July 12, 2019 re: Requesting Permission to file Interim CJA Vouchers . Document filed by Miyuki Suen. (Brill, Steven) (Entered: 07/12/2019)
7/10/2019ORDER as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu: On July 10, 2019, counsel for Defendant Jian Min Huang submitted a request that the Court adjourn pre-trial submission deadlines for approximately one month (the "Application"). Dkt. No. 65. That Application is denied. The Court is sympathetic to the issues raised in the Application, however, given that there are five defendants in this matter, not one, and that trial will commence on October 15, 2019, the Court does not believe that the issues described in the Application justify an extension for an adjournment of the existing deadlines for all parties. Those deadlines remain in place for all parties other than Defendant Huang. To the extent that, following a review of the other defendants' submissions, counsel for Defendant Huang wishes to file additional motions in limine or other pre-trial materials, or to join in the submissions of his co-defendants, he is directed to file a letter with the Court no later than August: 5, 2019. The letter should describe any motions in limine or pre-trial submissions made by the other defendants that Defendant Huang wishes to join, describe the nature of any additional submissions that Defendant Huang wishes to present to the Court, and provide the Court with a proposed briefing schedule with respect to any additional motions in limine, including the Government's position with respect to the proposed schedule. The Court will establish a deadline for the submission of those materials by Defendant Huang following review of that letter. The Court does not anticipate that it will endorse a proposed briefing schedule pursuant to which any submissions by Defendant Huang will be submitted later than August 30, 2019. As noted above, the trial in this matter will commence as scheduled on October 15, 2019. The Court understands that counsel for Defendant Huang does not expect that the issues described in the Application will impede his ability to prepare for, and participate in, the trial. Any potential request for a change of counsel would best be advanced promptly to permit substitute counsel adequate time to prepare for the scheduled trial. (Signed by Judge Gregory H. Woods on 7/10/2019) (ap) Modified on 7/11/2019 (ap). (Entered: 07/10/2019)
7/10/2019FIRST LETTER by Jian Min Huang addressed to Judge Gregory H. Woods from B. KLEINMAN dated 10 JUL 2019 re: Requested adjournment of dates (Kleinman, Bernard) (Entered: 07/10/2019)
6/4/2019ORDER as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu: On March 12, 2019, the Court issued an order establishing the deadline for pre-trial motions. Dkt. No. 56. The deadline was May 6, 2019. No Defendant filed a pre-trial motion prior to that deadline or in the weeks thereafter. The Court understands that no Defendant will file pre-trial motions in this matter. Accordingly, the hearing scheduled to take place on June 7, 2019 to discuss any pre-trial motions filed by Defendants is adjourned sine die. (Signed by Judge Gregory H. Woods on 6/3/2019) (ap) (Entered: 06/04/2019)
5/23/2019MEMO ENDORSED denying 62 LETTER MOTION Modify Conditions of Release as to Miyuki Suen (1)...ENDORSEMENT: Application denied. Inadequate justification for a notification of the conditions of the defendant's pre-trial release has been provided here. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 62. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/23/19) (jbo) (Entered: 05/23/2019)
5/21/2019FIRST LETTER MOTION addressed to Judge Gregory H. Woods from Steven Brill dated May 21, 2019 re: Modify Conditions of Release . Document filed by Miyuki Suen. (Brill, Steven) (Entered: 05/21/2019)
4/22/2019MEMO ENDORSEMENT as to Jian Min Huang on 60 LLETTER by Jian Min Huang addressed to Judge Gregory H. Woods from Bernard V Kleinman dated 19 APR 2019 re: Attendance of Son's College Graduation. ENDORSEMENT: Application granted. Ms. Huang is granted leave to travel to and return from her son's college graduation from Boston University on May 19, 2019. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/22/2019) (lnl) (Entered: 04/22/2019)
4/19/2019 LETTER by Jian Min Huang addressed to Judge Gregory H. Woods from Bernard V Kleinman dated 19 APR 2019 re: Attendance of Son's College Graduation (Kleinman, Bernard) (Entered: 04/19/2019)
4/10/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu. Notice is hereby given that an official transcript of a Conference proceeding held on 3/8/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/10/2019)
4/10/2019TRANSCRIPT of Proceedings as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu re: Conference held on 3/8/19 before Judge Gregory H. Woods. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/1/2019. Redacted Transcript Deadline set for 5/13/2019. Release of Transcript Restriction set for 7/9/2019. (McGuirk, Kelly) (Entered: 04/10/2019)
3/20/2019THIRD LETTER MOTION addressed to Judge Gregory H. Woods from Richard Palma, Attorney for Songhua Qu dated March 20, 2019 re: Defense request to attend Wife's 80th Birthday Party on Saturday, March 20, 2019 in Flushing, Queens. . Document filed by Songhua Qu. (Palma, Richard) (Entered: 03/20/2019)
3/12/2019ORDER as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu: As stated on the record during a status conference held on March 8, 2019, trial in this matter will commence on Tuesday, October 15, 2019 at 9:00 a.m. The trial will take place in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. Pretrial motions by Defendant are due no later than May 6, 2019. The Governments oppositions to any defense motions are due no later than May 20, 2019. Defendants replies, if any, are due no later than one week following service of the oppositions. The Court will hold a hearing on any defense motions necessitating a hearing on June 7, 2019 at 9:30 a.m. The pretrial materials required by Rule 6 of the Court's Individual Rules of Practice in Criminal Cases, including motions in limine, are due no later than July 29, 2019. If any motions in limine are filed, opposition papers are due no later than seven days after the date of service of the motion. Reply papers, if any, are due no later than four days after the date of service of the opposition. Courtesy copies of motions in limine should be submitted when the motions are fully briefed. The Court will hold a final pretrial conference in this matter on October 4, 2019 at 9:30 a.m. The parties are further directed to submit (1) a proposed brief description of the case, to be read to the venire and (2) a brief, mutually acceptable overview of the applicable law, to be read to the jury as part of the Court's initial instructions prior to opening statements, no later than July 29, 2019. If the parties are unable to agree on the language of such a short overview, they are directed to notify the Court of that fact by the same date. SO ORDERED. (Motions in Limine due by 7/29/2019. Jury Trial set for 10/15/2019 at 09:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. Motion Hearing set for 6/7/2019 at 09:30 AM before Judge Gregory H. Woods. Final Pretrial Conference set for 10/4/2019 at 09:30 AM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 3/9/2019) (lnl) (Entered: 03/12/2019)
3/8/2019Minute Entry for proceedings held before Judge Gregory H. Woods: Status Conference as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu held on 3/8/2019. Defendant Miyuki Suen present with CJA counsel Steven Brill, Esq. Defendant Jian Min Huang present with retained counsel Bernard Kleinman, Esq. Defendant Songhua Qu present with CJA counsel Richard Palma, Esq. Defendant Kin Lui Chen present with retained counsel Edward Sapone, Esq. Defendant Fangrang Qu present with CJA counsel Scott Tulman, Esq. AUSA Jacob Gutwillig present for AUSA Daniel Nessim. Court Reporter Andrew Walker present. Mandarin Interpreter Jean Yap present. Status conference held. Discovery produced to defendants. The Court scheduled a Jury Trial for Tuesday October 15, 2019 at 9:00 a.m. The time between now and then is excluded from the Speedy Trial clock in the interest of justice. Bail continued as to all defendants. (Jury Trial set for 10/15/2019 at 09:00 AM before Judge Gregory H. Woods.) (jbo) (Entered: 03/08/2019)
2/14/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Miyuki Suen. Notice is hereby given that an official transcript of a Conference proceeding held on 1/16/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/14/2019)
2/14/2019TRANSCRIPT of Proceedings as to Miyuki Suen re: Conference held on 1/16/19 before Judge Gregory H. Woods. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/7/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/15/2019. (McGuirk, Kelly) (Entered: 02/14/2019)
2/8/2019ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu: it is hereby ORDERED that the pretrial conference in this case is continued from February 12, 2019 to March 8, 2019 at 11:30 a.m. The Court finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial because it will permit the parties to continue to discuss a pretrial resolution of this matter and permit the defendants and their counsel to receive and review discovery. Accordingly, it is further ORDERED that the time from the date of this order through March is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h) (7)(A). SO ORDERED. (Pretrial Conference set for 3/8/2019 at 11:30 AM before Judge Gregory H. Woods) (Time excluded from 2/8/2019 until 3/8/2019) (Signed by Judge Gregory H. Woods on 2/8/2019) (lnl) (Entered: 02/11/2019)
2/8/2019MEMO ENDORSEMENT as to Songhua Qu (3) granting 50 FIRST LETTER MOTION addressed to Judge Gregory H. Woods from Richard Palma, Attorney for Songhua Qu dated February 7, 2019 re: Defense request for Mr. Songhua Qu to attend Chinese New Year's Celebration on Sunday, February 10, 2019. ENDORSEMENT: Application granted. The defendant may leave his home between 4 p.m. and 11 p.m. on February 10, 2019 to go to Mulan Seafood Restaurant. He must travel directly to, and return directly from, that location; no deviations to go to or stop at other locations are permitted. The remaining conditions of the defendant's pretrial release remain in full force and effect, including the limitation on contact with his co-defendant. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/8/2019) (lnl) (Entered: 02/08/2019)
2/8/2019Set/Reset Deadlines/Hearings as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu: Status Conference set for 3/8/2019 at 11:30 AM before Judge Gregory H. Woods. (lnl) (Entered: 02/08/2019)
2/8/2019MEMO ENDORSEMENT as to Miyuki Suen (1), Jian Min Huang (2), Songhua Qu (3), Kin Lui Chen (4), Fangrang Qu (5) granting 49 CONSENT LETTER MOTION addressed to Judge Gregory H. Woods from Daniel Nessim dated February 6, 2019 re: Adjournment of Conference. ENDORSEMENT: Application granted. The status conference scheduled for February 12, 2019 is adjourned lo March 8, 2019 at 11:30 a.m. The Court will issue a separate order excluding time from the speedy trial clock. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 49. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/8/2019) (lnl) (Entered: 02/08/2019)
2/7/2019FIRST LETTER MOTION addressed to Judge Gregory H. Woods from Richard Palma, Attorney for Songhua Qu dated February 7, 2019 re: Defense request for Mr. Songhua Qu to attend Chinese New Year's Celebration on Sunday, February 10, 2019. . Document filed by Songhua Qu. (Palma, Richard) (Entered: 02/07/2019)
2/6/2019CONSENT LETTER MOTION addressed to Judge Gregory H. Woods from Daniel Nessim dated February 6, 2019 re: Adjournment of Conference . Document filed by USA as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu. (Nessim, Daniel) (Entered: 02/06/2019)
1/16/2019Minute Entry for proceedings held before Judge Gregory H. Woods:Status Conference as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu held on 1/16/2019 ( Status Conference set for 2/12/2019 at 10:00 AM before Judge Gregory H. Woods.) Defendant Miyuki Suen present with CJA counsel Steven Brill, Esq. Defendant Jian Min Huang present with retained counsel Bernard Kleinman, Esq. Defendant Songhua Qu present with CJA counsel Richard Palma, Esq. Defendant Kin Lui Chen present with retained counsel Edward Sapone, Esq. Defendant Fangrang Qu present with CJA counsel Scott Tulman, Esq. AUSA Daniel Nessim present. Court Reporter Eve Giniger present. Mandarin Interpreter Patsy Ong present. Discovery produced to all defendants. Additional discovery will be produced by 2 weeks from today. The Court scheduled a status conference as to all defendants for February 12, 2019 at 10:00 a.m. The time between now and then is excluded from the Speedy Trial clock in the interest of justice. Bail continued as to all defendants. (jw) (Entered: 01/17/2019)
1/2/2019MEMO ENDORSEMENT as to Miyuki Suen (1) granting 47 FIRST LETTER MOTION addressed to Judge Gregory H. Woods from Steven Brill dated December 31, 2018 re: Modify Conditions of Release. ENDORSEMENT: Application granted. Ms. Suen's conditions of release are modified to permit her to travel to Springfield, Virginia, and all necessary travel points, from February 16, 2019 to February 18, 2019. Ms. Suen shall advise Pretrial Services upon her departure and arrival from Virginia. All other conditions of the defendant's pre-trial release remain unaltered and in effect. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 47. (Signed by Judge Gregory H. Woods on 1/2/2019) (ap) (Entered: 01/02/2019)
12/31/2018FIRST LETTER MOTION addressed to Judge Gregory H. Woods from Steven Brill dated December 31, 2018 re: Modify Conditions of Release . Document filed by Miyuki Suen. (Brill, Steven) (Entered: 12/31/2018)
12/11/2018ORDER PURSUANT TO 21 U.S.C. § 853 as to Miyuki Suen (1), Jian Min Huang (2), Songhua Qu (3), Kin Lui Chen (4), Fangrang Qu (5): IT IS HEREBY ORDERED, pursuant to Title 21, United States Code, Section 853(e)(1), that the United States and its agencies, including the U.S. Customs and Border Protection and/or Immigration and Customs Enforcement (or its designee the Office of Fines, Penalties, and Forfeitures), are authorized to maintain and preserve the Subject Property until the conclusion of the instant case, pending further Order of this Court. (Signed by Judge Gregory H. Woods on 12/9/2018) (lnl) (Entered: 12/12/2018)
12/11/2018 APPLICATION FOR AN ORDER REGARDING CRIMINAL FORFEITURE OF PROPERTY IN THE GOVERNMENT'S CUSTODY PURSUANT TO 21 U.S.C. § 853(e). Document filed by USA as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu. (lnl) (Entered: 12/12/2018)
12/11/2018 LETTER by USA as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu addressed to Judge Gregory H. Woods from Daniel Nessim, dated 12/7/2018, re: The Government respectfully submits the enclosed application for an order, pursuant to Title 21, United States Code, Section 853(e)(1)(A), authorizing the Government to maintain and preserve for forfeiture certain property which is currently in the Government's possession. Document filed by USA. (lnl) (Entered: 12/12/2018)
12/7/2018BILL OF PARTICULARS by USA as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu (Forfeiture Bill of Particulars). (Nessim, Daniel) (Entered: 12/07/2018)
11/20/2018ORAL ORDER as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu. Time excluded from 11/20/2018 until 1/16/2019. Status Conference set for 1/16/2019 at 4:30 PM before Judge Gregory H. Woods. (bw) Modified on 11/30/2018 (Daniels, Anthony). (Entered: 11/21/2018)
11/20/2018Minute Entry for proceedings held before Judge Gregory H. Woods: Status Conference as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu held on 11/20/2018. Defendant Miyuki Suen present with CJA counsel Steven Brill, Esq. Defendant Jian Min Huang present with retained counsel Bernard Kleinman, Esq. Defendant Songhua Qu present with CJA counsel Richard Palma, Esq. Defendant Kin Lui Chen present with retained counsel Edward Sapone, Esq. Defendant Fangrang Qu present with CJA counsel Scott Tulman, Esq. AUSA Jacob Gutwillig present (for AUSA Daniel Nessim). Initial conference held. Discovery production by 30 days from today. The Court scheduled a status conference for January 16, 2019 at 4:30 p.m. The time between now and then is excluded from the speedy trial clock in the interest of justice. Bail continued as to all the defendants. (bw) Modified on 11/30/2018 (Daniels, Anthony). (Entered: 11/21/2018)
11/20/2018Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Arraignment as to Songhua Qu (3) Count 1, 2. Defendant Songhua Qu present with Attorney Richard Palma, AUSA Daniel Nessim present for the Government. Mandarin interpreter present. Defendant enters a plea of not guilty. (ft) (Entered: 11/20/2018)
11/20/2018Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Arraignment as to Fangrang Qu (5) Count 1, 2. Defendant Fangrang Qu present with Attorney Scott Tulman, AUSA Daniel Nessim present for the Government. Mandarin interpreter present. Defendant enters a plea of not guilty. (ft) (Entered: 11/20/2018)
11/20/2018Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Arraignment as to Kin Lui Chen (4) Count 1, 2. Defendant Kin Lui Chen present with Attorney Edward Sapone, AUSA Daniel Nessim present for the Government. Mandarin interpreter present. Defendant enters a plea of not guilty. (ft) (Entered: 11/20/2018)
11/20/2018Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Arraignment as to Miyuki Suen (1) Count 1, 2. Defendant Miyuki Suen present with Attorney Steven Brill, AUSA Daniel Nessim present for the Government. Mandarin interpreter present. Defendant enters a plea of not guilty. (ft) (Entered: 11/20/2018)
11/20/2018Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Arraignment as to Jian Min Huang (2) Count 1, 2. Defendant Jian Min Huang present with Attorney Bernard Kleinman, AUSA Daniel Nessim present for the Government. Mandarin interpreter present. Defendant enters a plea of not guilty. (ft) (Entered: 11/20/2018)
11/14/2018Case Designated ECF as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu. (jm) (Entered: 11/15/2018)
11/14/2018 INDICTMENT FILED as to Miyuki Suen (1) count(s) 1, 2, Jian Min Huang (2) count(s) 1, 2, Songhua Qu (3) count(s) 1, 2, Kin Lui Chen (4) count(s) 1, 2, Fangrang Qu (5) count(s) 1, 2. (jm) (Entered: 11/15/2018)
11/5/2018ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu re: 34 Order to Continue - Interest of Justice. Time excluded from 11/5/18 until 12/5/18. Follows oral order of 11/5/18. (Signed by Magistrate Judge Robert W. Lehrburger on 11/5/18)(sao) [1:18-mj-06658-UA] (Entered: 11/05/2018)
11/5/2018AFFIRMATION of Daniel Nessim in Support by USA as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu. Government is requesting a 15-day continuance until November 19, 2018. (sao) [1:18-mj-06658-UA] (Entered: 11/05/2018)
10/9/2018ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu re: 34 Order to Continue - Interest of Justice. Time excluded from 10/9/18 until 11/5/18. Follows oral order of 10/9/18. (Signed by Magistrate Judge James L. Cott on 10/9/18)(jbo) [1:18-mj-06658-UA] (Entered: 10/10/2018)
10/9/2018AFFIRMATION of AUSA Daniel Nessim in Support by USA as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu, the government is requesting a continuance until 11/5/18. (jbo) [1:18-mj-06658-UA] (Entered: 10/10/2018)
9/6/2018ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu. Time excluded from 9/6/18 until 10/6/18. (Signed by Magistrate Judge Henry B. Pitman on 9/6/18)(jbo) [1:18-mj-06658-UA] (Entered: 09/07/2018)
9/6/2018AFFIRMATION of AUSA Daniel Nessim in Support by USA as to Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, Fangrang Qu, the government is requesting a continuance until 10/6/18. (jbo) [1:18-mj-06658-UA] (Entered: 09/07/2018)
8/27/2018ENDORSED LETTER as to Jian Min Huang addressed to Magistrate Judge Barbara C. Moses from Bernard V. Kleinman, Esq dated 8/27/2018 re: USA v Jian Min Huang, 18 Mag 6658. Mr. Kleinman respectfully request that Ms. Huang be permitted to travel to Boston, MA on Wednesday, August 29, 2018, returning the same day, the purposes of this trip is to allow her to assist her eldest son who is moving back into his dormitory at Boston University for the Fall 2018 semester. Application Granted, So Ordered. (Signed by Magistrate Judge Barbara C. Moses on 8/27/2018)(dif) [1:18-mj-06658-UA] (Entered: 08/27/2018)
8/27/2018***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Bernard V. Kleinman as to Jian Min Huang: to MANUALLY RE-FILE Document Letter Motion, Document No. 31. This case is not ECF. (lb) [1:18-mj-06658-UA] (Entered: 08/27/2018)
8/27/2018 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - LETTER MOTION addressed to Magistrate Judge Katharine H. Parker from B. Kleinman dated 08/27/2018 re: Permissio to travel to Boston MA re Child Move into Boston U.. Document filed by Jian Min Huang. (Kleinman, Bernard) Modified on 8/27/2018 (lb). [1:18-mj-06658-UA] (Entered: 08/27/2018)
8/17/2018ORDER as to Fangrang Qu (5) granting 26 CONSENT LETTER MOTION addressed to Magistrate Judge Katharine H. Parker from Scott B. Tulman dated August 16, 2018 re: Modify Bail to Permit Travel on August 22 and 23, 2018. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 8/17/2018) (ap) [1:18-mj-06658-UA] (Entered: 08/17/2018)
8/16/2018CONSENT LETTER MOTION addressed to Magistrate Judge Katharine H. Parker from Scott B. Tulman dated August 16, 2018 re: Modify Bail to Permit Travel on August 22 and 23, 2018. Document filed by Fangrang Qu. (Attachments: # 1 Exhibit Appearance Bond)(Tulman, Scott) [1:18-mj-06658-UA] (Entered: 08/16/2018)
8/15/2018Attorney update in case as to Kin Lui Chen. Attorney Bryan Matthew Konoski terminated. (dif) [1:18-mj-06658-UA] (Entered: 08/17/2018)
8/15/2018NOTICE OF ATTORNEY APPEARANCE: Retained Attorney Edward Vincent Sapone appearing for Kin Lui Chen. (dif) [1:18-mj-06658-UA] (Entered: 08/17/2018)
8/15/2018ENDORSED LETTER as to Kin Lui Chen addressed to Magistrate Judge Stewart D. Aaron from Edward Sapone, Esq dated 8/15/2018 re: USA v Kin Lui Chen, 18 Mag 6658. Mr. Sapone respectfully is writing to seek an extension of time to Monday, August 20, 2018 within which to satisfy Mr. Chen's conditions of release. Application Granted, So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 8/15/2018)(dif) [1:18-mj-06658-UA] (Entered: 08/17/2018)
8/15/2018 LETTER MOTION addressed to Magistrate Judge Stewart D. Aaron from Edward V. Sapone dated August 15, 2018 re: Request for Extension of Time to Satisfy Conditions of Release . Document filed by Kin Lui Chen. (Sapone, Edward) [1:18-mj-06658-UA] (Entered: 08/15/2018)
8/15/2018NOTICE OF ATTORNEY APPEARANCE: Edward Vincent Sapone appearing for Kin Lui Chen. Appearance Type: Retained. (Sapone, Edward) [1:18-mj-06658-UA] (Entered: 08/15/2018)
8/13/2018Attorney update in case as to Jian Min Huang. Attorney Philip L Weinstein terminated. (dif) [1:18-mj-06658-UA] (Entered: 08/20/2018)
8/13/2018NOTICE OF ATTORNEY APPEARANCE: Retained Attorney Bernard V. Kleinman appearing for Jian Min Huang. (dif) [1:18-mj-06658-UA] (Entered: 08/20/2018)
8/13/2018***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Kleinman, Bernard as to Jian Min Huang: to MANUALLY RE-FILE Document Notice of Attorney Appearance, Document No. 21. This case is not ECF. (ka) [1:18-mj-06658-UA] (Entered: 08/13/2018)
8/13/2018 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF ATTORNEY APPEARANCE: Bernard V. Kleinman appearing for Jian Min Huang. Appearance Type: Retained. (Kleinman, Bernard) Modified on 8/13/2018 (ka). [1:18-mj-06658-UA] (Entered: 08/13/2018)
8/10/2018AGREEMENT TO FORFEIT PROPERTY (OTHER THAN REAL PROPERTY) by Songhua Qu. Personal Recognizance Bond in the amount of $ 100,000 PRB, 2 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Submit to Urinalysis, If Positive, Add Condition of Drug Testing/Treatment; Home Detention; Electronic Monitoring; Deft to Continue or Seek Employment; Deft to Be Detained Until All Conditions Are Met; Deft to Be Detained Until PTS Can Make Home Visit and Approve Detention and Electronic Monitoring; If PTS Approves, Supervision May Be Transferred to EDNY; No Contact with Co-Defendants Except in Presence of Counsel, Except that Deft May Speak with Son Outside Presence of Counsel So Long As Communication Does Not Concern Case; Deft to Cooperate with Immigration Officials As Requested (dif) [1:18-mj-06658-UA] (Entered: 08/14/2018)
8/10/2018AGREEMENT TO FORFEIT PROPERTY (OTHER THAN REAL PROPERTY) by Kin Lui Chen. Personal Recognizance Bond in the amount of $ 150,000 PRB, 2 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Home Detention; Electronic Monitoring; Deft to Continue or Seek Employment; Deft To Be Detained Until PTS Can Inspect Home and Approve Home Detention with Electronic Monitoring; Other Conditions to Be Met by 8/15/18; No Contact with Co-Defendants Except in Presence of Counsel; Deft to Cooperate with Immigration Officials As Requested; If PTS Approve, Supervision May Be Transferred to EDNY; Defendant To Be Released Upon Set Up of Home Detention (dif) [1:18-mj-06658-UA] (Entered: 08/14/2018)
8/7/2018AGREEMENT TO FORFEIT PROPERTY (OTHER THAN REAL PROPERTY) by Fangrang Qu. Personal Recognizance Bond in the amount of $ 75,000 PRB, 2 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Submit to Urinalysis, If Positive, Add Condition of Drug Testing/Treatment; Deft to Continue or Seek Employment; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 8/14/18; No Contact with Co-Defendants Outside Presence of Counsel, Except Deft May Speak with his Father Outside Presence of Counsel As Long As Communication Does Not Concern the Case; If PTS Approves, Supervision May Be Transferred to EDNY (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to Fangrang Qu held on 8/7/2018., Deft Appears with CJA Attorney Scott Tulman with mandarin interpreter and AUSA Daniel Nessim for the government. AGREED CONDITIONS OF RELEASE: $75,000 PRB; 2 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Submit to Urinalysis, If Positive, Add Condition of Drug Testing/Treatment; Deft to Continue or Seek Employment; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 8/14/18; No Contact with Co-Defendants Outside of Presence of Counsel;, Except that Deft May Speak with his Father Outside presence of Counsel As Long As Communication Does Not Concern the Case; If PTS Approves, Supervision May Be Transferred to EDNY; ( Preliminary Hearing set for 9/6/2018 at 10:00 AM before Judge Unassigned.) (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018Attorney update in case as to Fangrang Qu. Attorney Scott B. Tulman for Fangrang Qu added.. (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/201818CJA 23 Financial Affidavit by Fangrang Qu. (Signed by Judge Magistrate Judge Katharine H. Parker) (CJA Attorney Scott Tulman Appointed) (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018Arrest of Fangrang Qu. (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018AGREEMENT TO FORFEIT PROPERTY (OTHER THAN REAL PROPERTY) by Miyuki Suen. Personal Recognizance Bond in the amount of $ 150,000 PRB, 2 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Electronic Monitoring; Deft to Continue or Seek Employment; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 8/14/18; Maintain Verifiable Employment (Employed Currently at Woodhven Sr. Center); No Contact with Co-Defendant Outside Presence of Counsel; Deft to Report to PTS on 8/8/18 at 10:00 am; Provided Deft Reports to PTS on 8/8/18 and is Fitted with Electronic Monitoring and Provided At Least 1 FRP Co-Signs Bond by 8/10/18 at Noon and PTS Approves, Deft May Travel to DE for her Bowling Tournament the Weekend of 8/10-11/18 (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to Miyuki Suen held on 8/7/2018., Deft Appears with CJA Attorney Steven Brill with cantonese interpreter and AUSA Daniel Nessim for the government. AGREED CONDITIONS OF RELEASE: $150,000 PRB; 2 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Electric Monitoring; Deft to Continue or Seek Employment; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 8/14/18; Maintain Verifiable (Employed Currently in Woodhaven St, Center): No Contact with Co-Defendants Outside Presence of Counsel; Deft to Report to PTS on 8/8/18 at 10:00 am; and is Fitted with Electronic Monitoring and Provided At Least 1 FRP Co-Signs Bond by 8/10/18 at Noon and PTS Approves; Deft May Travel to DE for her Bowling Tournament the Weekend of 8/10-11/18; ( Preliminary Hearing set for 9/6/2018 at 10:00 AM before Judge Unassigned.) (dif) Modified on 8/8/2018 (dif). [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018Attorney update in case as to Miyuki Suen. Attorney Steven Gary Brill for Miyuki Suen added.. (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/20183CJA 23 Financial Affidavit by Miyuki Suen. (Signed by Judge Magistrate Judge Katharine H. Parker) (CJA Attorney Steven Brill Appointed) (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018Arrest of Miyuki Suen. (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to Songhua Qu held on 8/7/2018., Deft Appears with CJA Attorney Richard Palma with mandarin interpreter and AUSA Daniel Nessim for the government. AGREED CONDITIONS OF RELEASE: 100,000 PRB; 2 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Submit to Urinalysis, If Positive, Add Conditions of Drug Testing/Treatment; Home Detention; Electronic Monitoring; Deft to Continue or Seek Employment; Deft to Be Detained Until All Conditions Are Met; Deft to Be Detained Until PTS Can Make a Home Visit and Approve Detention and Electronic Monitoring; Others Conditions to Be Met by 8/15/18; If PTS Approves, Supervision May Be Transferred to EDNY; No Contact with Co-Defendants Except in Presence of Counsel, Except That Deft May Speak with Son Outside Presence of Counsel, So Long As Communication Does Not Concern Case; Deft to Cooperate with Immigration Officials Required; ( Preliminary Hearing set for 9/6/2018 at 10:00 AM before Judge Unassigned.) (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018Attorney update in case as to Songhua Qu. Attorney Richard Palma for Songhua Qu added.. (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/201812CJA 23 Financial Affidavit by Songhua Qu. (Signed by Judge Magistrate Judge Katharine H. Parker) (CJA Attorney Richard Palma Appointed)) (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018Arrest of Songhua Qu. (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018AGREEMENT TO FORFEIT PROPERTY (OTHER THAN REAL PROPERTY) by Jian Min Huang. Personal Recognizance Bond in the amount of $ 100,000 PRB, 2 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Submit to Urinalysis, If Positive, Add Condition of Drug Testing/Treatment; GPS; Deft to Continue or Seek Employment; or Deft to Continue or Start Education Program; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 8/14/18; No Contact with Co-Defendants Except in Presence of Counsel; Deft May Not Take Any New Debt; If PTS Approves, Supervision May Be Transferred to EDNY (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to Jian Min Huang held on 8/7/2018., Deft Appears with Federal Defendant Philip Weinstein with cantonese interpreter and AUSA Daniel Nessim for the government. AGREED CONDITIONS OF RELEASE: 100,000 PRB; 2 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Submit to Urinalysis, If Positive, Add Condition of Drug Testing/Treatment; GPS; Deft to Continue or Seek Employment; or Deft to Continue or Start Education Program; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 8/14/18; No Contact with Co-Defendants Except in Presence of Counsel; Deft May Not Take on Any New Debt; If PTS; Approves, Supervision May Be Transferred to EDNY; ( Preliminary Hearing set for 9/6/2018 at 10:00 AM before Judge Unassigned.) (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018ORDER APPOINTING FEDERAL PUBLIC DEFENDER as to Jian Min Huang. Philip L Weinstein for Jian Min Huang appointed.. (Signed by Magistrate Judge Katharine H. Parker on 8/7/2018)(dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/20187CJA 23 Financial Affidavit by Jian Min Huang. (Signed by Judge Magistrate Judge Katharine H. Parker) (Federal Defender Philip Weinstein Appointed) (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018Arrest of Jian Min Huang. (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to Kin Lui Chen held on 8/7/2018., Deft Appears with CJA Attorney Bryan Konoski by Michael Crace with mandarin interpreter and AUSA Daniel Nessim for the government. AGREED CONDITIONS OF RELEASE: 150,000 PRB; 2 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Home Detention; Electronic Monitoring; Deft to Continue or Seek Employment; Deft to Be Detained Until All Conditions Are Met; Deft to Be Detained Until PTS Can Inspect Home and Approve Home Detention with Electronic Monitoring; Other Conditions to Be met by 8/15/18; No Contact with Co-Defendants Except in Presence of Counsel; Deft to Cooperate with Immigration Officials As Required; If PTS Approve, Supervision May Be Transferred to EDNY; Defendant To Be Released Upon Set Up of Home Detention; ( Preliminary Hearing set for 9/6/2018 at 10:00 AM before Judge Unassigned.) (dif) Modified on 8/14/2018 (dif). (Main Document 16 replaced on 8/14/2018) (dif). [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018Attorney update in case as to Kin Lui Chen. Attorney Bryan Matthew Konoski for Kin Lui Chen added.. (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/201815CJA 23 Financial Affidavit by Kin Lui Chen. (Signed by Judge Magistrate Judge Katharine H. Parker) (CJA Attorney Bryan Konoski Appointed) (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/7/2018Arrest of Kin Lui Chen. (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/3/2018SEALED ORAL ORDER as to Sealed Defendant 1. (Signed by Magistrate Judge Barbara C. Moses on 8/3/2018)(dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)
8/3/2018 COMPLAINT as to Miyuki Suen (1), Jian Min Huang (2), Songhua Qu (3), Kin Lui Chen (4), Fangrang Qu (5). In Violation of 18 U.S.C. 2320 and 2 (Signed by Magistrate Judge Barbara C. Moses) (dif) [1:18-mj-06658-UA] (Entered: 08/08/2018)