USA v. Ash

1:19-cr-00780 | New York Southern District Court

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Division Foley Square
Judge Judge Lewis A. Kaplan
Filed Oct. 31, 2019
Terminated April 26, 2022
Case Flags CLOSED, ECF, and PRIOR
Last Updated: 8 months ago Show Interactive Timeline
Filing Date # Docket Text
12/19/2023
  • Order
ORDER EXONERATING BOND as to Sylvia Ash (1). (Signed by Judge Lewis A. Kaplan on 12/19/2023) (See Bond as set forth) (lnl) (Entered: 12/19/2023)
12/14/2023
  • Motionby Δ
MOTION for Return of Surety without Objection. Document filed by Sylvia Ash. (Attachments: # 1 Proposed Order Proposed Order Exonerating Bond)(Cohen, Carrie) (Entered: 12/14/2023)
8/29/2023SATISFACTION OF JUDGMENT as to Sylvia Ash re 180 Judgment. Satisfaction is acknowledged between United States of America,judgment creditor, and Sylvia Ash, judgment debtor, for the fine/restitution in the amount of $80,000.00 and the special assessment in the amount of $300.00, amounting in all to the sum of $80,300.00. Judgment entered in the Judgment Book of the United States District Court for the Southern District of New York on the 20th day of April 2022. (bw) (Entered: 08/30/2023)
5/11/2023
  • Motion to ContinueGranted
ORDER as to Sylvia Ash (1)granting 202 MOTION to Continue Date and Modify Payment of Fine. ENDORSEMENT: Granted on Consent. (Signed by Judge Lewis A. Kaplan on 5/11/2023) (ap) (Entered: 05/11/2023)
4/28/2023
  • Motion to Continueby Δ
MOTION to Continue Date and Modify Payment of Fine. Document filed by Sylvia Ash. (Reilly, Nathan) (Entered: 04/28/2023)
12/22/2022Transmission of USCA Mandate to the District Judge re: 201 USCA Mandate. (nd) (Entered: 12/22/2022)
12/22/2022MANDATE of USCA (Certified Copy) as to Sylvia Ash re: 185 Notice of Appeal. USCA Case Number 22-1048-cr. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/21/2022. (nd) (Entered: 12/22/2022)
11/3/2022
  • Motion to Continue
MEMO ENDORSEMENT 198 Motion to Continue as to Sylvia Ash....ENDORSEMENT...Denied. SO ORDERED (Signed by Judge Lewis A. Kaplan on 11/3/22) (jw) (Entered: 11/03/2022)
11/2/2022LETTER RESPONSE in Opposition by USA as to Sylvia Ash addressed to Judge Lewis A. Kaplan from Assistant U.S. Attorneys Eli J. Mark, Daniel C. Richenthal, Jonathan Rebold, and Special Assistant U.S. Attorney Alona Katz dated November 2, 2022 re: 198 THIRD MOTION to Continue Date to Make Payment of Fine.. (Mark, Eli) (Entered: 11/02/2022)
11/1/2022
  • Motion to Continueby Δ
THIRD MOTION to Continue Date to Make Payment of Fine. Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 11/01/2022)
8/1/2022
  • Order
ORDER of USCA (certified copy) re: 185 Notice of Appeal by Sylvia Ash. USCA Case Number 22-1048. Defendant-Appellant Sylvia Ash moves for bail pending appeal, for a stay pending appeal of the portion of the district court's judgment requiring her to make payments toward an $80,000 fine, and for leave to file her pre-sentence report ("PSR") under seal as an exhibit to her motion to stay. Upon due consideration, it is hereby ORDERED that the motions for bail and for a stay pending appeal are DENIED. See 18 U.S.C. § 3143(b); United States v. Randell, 761 F.2d 122, 125 (2d Cir. 1985); see also Nken v. Holder, 556 U.S. 418, 434 (2009). The motion to file the PSR under seal is GRANTED. It is further ORDERED that this appeal will be expedited. Appellant's brief is due 21 days from the date of this order; Appellee's brief is due 21 days after service of Appellant's brief; and Appellant may submit a reply within 7 days of service of Appellee's brief. The Clerk's Office is directed to schedule argument at the earliest opportunity after briefing is complete. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 08/01/2022. (nd) (Entered: 08/02/2022)
7/21/2022
  • Order
MEMORANDUM AND ORDER as to Sylvia Ash: In sum, the Court concludes that MCU is not a VWPA-eligible "victim" of any of the three offenses of conviction. Even if it were, the connection between the offense conduct and MCU' s alleged losses is too attenuated to favor an exercise of discretion to award restitution in this case. MCU's request for restitution and, to whatever extent the government may be deemed to have made such a request, that request (Dkt. 174-1, Dkt 186) are denied in all respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/21/2022) (lnl) (Entered: 07/21/2022)
7/19/2022
  • Order
ORDER of USCA (Certified Copy) as to Sylvia Ash re: 185 Notice of Appeal - Final Judgment USCA Case Number 22-1048. Appellant seeks an emergency stay of the surrender date of July 20, 2022, and for bail pending appeal. IT IS HEREBY ORDERED that the request to stay the surrender date is DENIED. The request for bail pending appeal is REFERRED to a three-judge motions panel. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 7/19/2022. (tp) (Entered: 07/19/2022)
7/19/2022 LETTER by USA as to Sylvia Ash addressed to Judge Lewis A. Kaplan from Assistant U.S. Attorneys Eli J. Mark, Daniel C. Richenthal, Jonathan E. Rebold, and Special Assistant U.S. Attorney Alona Katz dated July 19, 2022 re: Restitution Document filed by USA. (Mark, Eli) (Entered: 07/19/2022)
6/30/2022
  • Order
MEMORANDUM AND ORDER ON MOTION FOR BAIL PENDING APPEAL: denying 191 Motion to as to Sylvia Ash (1)....[*** See this Memorandum And Order On Motion For Bail Pending Appeal ***]... I have considered defendant's other arguments, including those relating to the fine, and find them to be insubstantial. Accordingly, the motion for release on bail pending appeal (Dkt. 191) is denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/30/2022) (bw) (Entered: 06/30/2022)
6/24/2022MEMORANDUM in Opposition by USA as to Sylvia Ash re 191 MOTION to Modify Conditions of Release .. (Mark, Eli) (Entered: 06/24/2022)
6/10/2022
  • Motionby Δ
MOTION to Modify Conditions of Release . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 06/10/2022)
6/3/2022 MEMORANDUM OF LAW in Opposition by Sylvia Ash re: 186 Memorandum of Law filed by USA . (Cohen, Carrie) (Entered: 06/03/2022)
6/1/2022
  • Motion to Continue
MEMO ENDORSEMENT 188 Motion to Continue as to Sylvia Ash. We respectfully submit this letter on behalf of defendant Sylvia Ash in connection with the above-referenced matter. We hereby request an adjournment of the date on which Ms. Ash must complete the initial payment of the fine imposed by the Court. Accordingly, Ms. Ash respectfully requests that the Court grant her a brief extension of the deadline for her to make the balance of the initial fine payment. The requested extension of time would make payment of the remaining $5,000 balance of her initial $10,000 payment due on July 15, 2022. The remaining two $35,000 installments would remain due, as set f01th in the Judgment, on or before November I, 2022 and May 1, 2023, respectively...ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Lewis A. Kaplan on 5/31/22) (jw) (Entered: 06/01/2022)
5/31/2022
  • Motion to Continueby Δ
SECOND MOTION to Continue Date to Make Initial Payment of Fine. Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 05/31/2022)
5/25/2022187SEALED DOCUMENT placed in vault. (jus) (Entered: 05/25/2022)
5/20/2022 MEMORANDUM OF LAW by USA as to Sylvia Ash In Support of Municipal Credit Union's Request for Restitution. (Mark, Eli) (Entered: 05/20/2022)
5/10/2022Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Sylvia Ash re: 185 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 05/10/2022)
5/10/2022Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Sylvia Ash to US Court of Appeals re: 185 Notice of Appeal - Final Judgment. (tp) (Entered: 05/10/2022)
5/10/2022NOTICE OF APPEAL by Sylvia Ash from 180 Judgment. Filing fee $ 505.00, receipt number 465401298079. (tp) (Entered: 05/10/2022)
5/3/2022
  • Motion to ContinueGranted
MEMO ENDORSEMENT as to Sylvia Ash (1) granting 183 MOTION to Continue Date to Make Initial Payment of Fine. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/3/2022) (lnl) (Entered: 05/03/2022)
5/2/2022
  • Motion to Continueby Δ
MOTION to Continue Date to Make Initial Payment of Fine. Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 05/02/2022)
4/28/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sylvia Ash. Notice is hereby given that an official transcript of a Conference proceeding held on 4/20/22 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.... (Moya, Goretti) (Entered: 04/28/2022)
4/28/2022TRANSCRIPT of Proceedings as to Sylvia Ash re: Conference held on 4/20/22 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/19/2022. Redacted Transcript Deadline set for 5/31/2022. Release of Transcript Restriction set for 7/27/2022. (Moya, Goretti) (Entered: 04/28/2022)
4/26/2022
  • Motion for Judgment
JUDGMENT In A Criminal Case (S1 19-Cr-780). Date of Imposition of Judgment: 4/20/2022. Defendant Sylvia Ash (1) was found guilty on Count(s) 1s, 3s, and 4s; (S1)One, (S1)Three, and (S1)Four, after a plea of not guilty. The defendant has been found not guilty on Count(s) S1(Two). Count(s) Underlying Indictment is dismissed on the motion of the United States. IMPRISONMENT: 15 Months on each of Counts (S1)One, (S1)Three, and (S1)Four, the terms to run concurrently. - The court makes the following recommendations to the Bureau of Prisons: That the defendant be designated to a low security facility as close to the New York metropolitan area as possible. - The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. no sooner than 7/20/2022. SUPERVISED RELEASE: Two years subject to the mandatory and the standard conditions of supervision, as well as the following special conditions. The first is that you perform at least 20 hours per week of community service specified by the probation officer during each week of your term of supervised release. The second is that you remain in compliance with the payment schedule in respect of the fine. Standard Conditions of Supervision (See page 4 of Judgment). ASSESSMENT: $300.00, due immediately. FINE: $80,000.00. The determination of restitution is deferred until 7/19/2022. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. - Special instructions regarding the payment of criminal monetary penalties: The fine shall be payable in installments, $10,000 on or before May 1, 2022; $35,000 on or about November 1, 2022; and $35,000 on or before May 1, 2023. (Signed by Judge Lewis A. Kaplan on 4/25/2022)(bw) (Entered: 04/26/2022)
4/21/2022178SEALED DOCUMENT placed in vault. (nmo) (Entered: 04/21/2022)
4/20/2022179DISMISSAL OF COUNTS on Government Motion as to Sylvia Ash (1) Count 1,2,3. (bw) (Entered: 04/26/2022)
4/20/2022Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 4/20/2022 for Sylvia Ash (1) Count 1s,3s,4s. Defendant Sylvia Ash present with attorneys Carrie Cohen and Nathan D. Reilly. AUSAs Alona S. Katz, Daniel C. Richenthal, and Eli J. Mark present. Court reporter Raquel Robles present. The Government shall submit a brief regarding whether or not MCU deserves restitution within 30 days from today; Defendant shall respond within 14 days thereafter; an argument or hearing will be scheduled if the court determines it necessary after receiving the briefs. It is the judgment of this Court that defendant Ash be committed to the custody of the Attorney General of the United States or his designee for a term of imprisonment of 15 months. That she thereafter serve a term of supervised release of two years, and that she pay the mandatory special assessment of $300. It's further adjudged that she pay a fine of $80,000, and that she pay restitution in such amount, if any, and on such terms as the Court hereafter may direct on or before 90 days from the date of the entry of judgment in this case. The fine shall be payable in installments, $10,000 on or before May 1, 2022; $35,000 on or about November 1, 2022; and $35,000 on or before May 1, 2023. The term of supervised release shall be subject to the mandatory and the standard conditions of supervision two additional special conditions. * The first is that you perform at least 20 hours per week of community service specified by the probation officer during each week of your term of supervised release. * The second is that you remain in compliance with the payment schedule in respect of the fine The mandatory drug testing condition is suspended because the Court finds a low risk of substance abuse. The Court recommends to the BOP that the defendant be designated to a low security facility as close to the New York Metropolitan area as possible. Defendant. Ash shall surrender to the Bureau of Prisons at the institution designated by it for the service of your sentence on the date and by the time it directs, which shall not be any earlier than July 20, 2022. Compliance with that condition is also a bail condition. (jbo) (Entered: 04/21/2022)
4/19/2022Sentencing Letter by Sylvia Ash addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated April 19, 2022 re: Sentencing. (Attachments: # 1 Exhibit E)(Cohen, Carrie) (Entered: 04/19/2022)
4/16/2022Sentencing Letter by USA as to Sylvia Ash addressed to Judge Lewis A. Kaplan from Municipal Credit Union dated April 13, 2022 re: Sentencing. (Attachments: # 1 Exhibits A-E)(Mark, Eli) (Entered: 04/16/2022)
4/15/2022SENTENCING SUBMISSION by USA as to Sylvia Ash. (Attachments: # 1 Exhibit A (Letter from Municipal Credit Union))(Mark, Eli) (Entered: 04/15/2022)
4/8/2022SENTENCING SUBMISSION by Sylvia Ash. (Attachments: # 1 Ex. A-1 through Ex. A-9 (WIth Redactions), # 2 Ex. B-1 through Ex. B-6 (With Redactions), # 3 Ex. C-1 through Ex. C-23 (With Redactions), # 4 Ex. D-1 through Ex. D-31 (With Redactions))(Cohen, Carrie) (Entered: 04/08/2022)
4/4/2022
  • OrderGranted
MEMO ENDORSEMENT as to Sylvia Ash (1) granting 171 LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated April 4, 2022 re: Request for Extension of Time to Make Sentencing Submissions (on Consent). ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 4/4/2022) (lnl) (Entered: 04/04/2022)
4/4/2022
  • Motionby Δ
LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated April 4, 2022 re: Request for Extension of Time to Make Sentencing Submissions (on Consent). Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 04/04/2022)
3/25/2022170SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/25/2022)
2/23/2022
  • Motion for New Trial
ORDER ON DEFENDANT'S MOTION FOR A NEW TRIAL as to Sylvia Ash. Defendant was convicted after a seven-day jury trial of conspiring to obstruct justice in violation of 18 U.S.C. § 371, obstruction of justice in violation of 18 U.S.C. 1512(c), and making a false statement to federal investigators in violation of 18 U.S.C. § 1001. She was acquitted of one count of obstruction of justice. She now moves for a new trial under Fed. R. Crim. P. 33 on the basis of claimed evidentiary errors and an allegedly erroneous ruling on a motion to suppress. Motions for a new trial are strongly disfavored. "[T]he standard for granting such a motion is strict." United States v. Gambino, 59 F.3d 353, 364 (2d Cir. 1995). Such a motion should be granted only in extraordinary circumstances." United States v. McCourty, 562 F.3d 458, 475 (2d Cir. 2009). Defendant, who bears the burden of showing entitlement to a new trial, id., has not done so. In the Court's view, she has not even demonstrated that any of the evidentiary rulings presented a particularly difficult question, let alone that any of the Court's rulings abused its broad discretion. Her attack in the suppression ruling, which is reported at United States v. Ash, 464 F. Supp.3d 621 (S.D.N.Y. 2020), is without merit. The motion for a new trial (Dkt 158) is denied in all respects. (Signed by Judge Lewis A. Kaplan on 2/23/2022) (ap) (Entered: 02/23/2022)
2/18/2022
  • Motion for New Trialby Δ
REPLY MEMORANDUM OF LAW in Support as to Sylvia Ash re: 158 MOTION for New Trial . . (Cohen, Carrie) (Entered: 02/18/2022)
2/18/2022
  • Motion to Extend Time to File Response
MEMO ENDORSEMENT 165 Motion for Extension of Time to File Response/Reply re: 165 CONSENT MOTION for Extension of Time to File Response/Reply as to 163 Initial Disclosure Presentence Report...ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Lewis A. Kaplan on 2/16/22) (jw) (Entered: 02/18/2022)
2/16/2022
  • Motion to Extend Time to File Responseby Δ
CONSENT MOTION for Extension of Time to File Response/Reply as to 163 Initial Disclosure Presentence Report, to February 25, 2022. Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 02/16/2022)
2/11/2022MEMORANDUM in Opposition by USA as to Sylvia Ash re 158 MOTION for New Trial .. (Mark, Eli) (Entered: 02/11/2022)
1/21/2022
  • Motion for New Trialby Δ
MEMORANDUM in Support by Sylvia Ash re 158 MOTION for New Trial .. (Cohen, Carrie) (Entered: 01/21/2022)
1/13/2022
  • Order
MEMO ENDORSEMENT 160 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated January 13, 2022 re: Request for Permission to Travel...ENDORSEMENT..Application granted. SO ORDERED (Signed by Judge Lewis A. Kaplan on 1/13/22) (jw) (Entered: 01/13/2022)
1/13/2022CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated January 13, 2022 re: Request for Permission to Travel . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 01/13/2022)
12/22/2021JOINT LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated December 22, 2021 re: 158 MOTION for New Trial . re: Proposed Briefing Schedule for Defendant's FRCrP 33 Motion . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 12/22/2021)
12/22/2021
  • Motion for New Trialby Δ
MOTION for New Trial . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 12/22/2021)
12/21/2021
  • Order
ORDER as to Sylvia Ash. IT IS HEREBY ORDERED that the Clerk of Court shall pay invoices conforming with the travel policy proscribed by the Administrative Office of the United States Court, submitted by juror number 4 in connection with his lodging and subsistence. (Signed by Judge Lewis A. Kaplan on 12/2/2021)(jw) (Entered: 12/21/2021)
12/14/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sylvia Ash. Notice is hereby given that an official transcript of a Trial proceeding held on 12/13/21 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.... (Moya, Goretti) (Entered: 12/14/2021)
12/14/2021TRANSCRIPT of Proceedings as to Sylvia Ash re: Trial held on 12/13/21 before Judge Lewis A. Kaplan. 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 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022. (Moya, Goretti) (Entered: 12/14/2021)
12/14/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sylvia Ash. Notice is hereby given that an official transcript of a Trial proceeding held on 12/8/21 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.... (Moya, Goretti) (Entered: 12/14/2021)
12/14/2021TRANSCRIPT of Proceedings as to Sylvia Ash re: Trial held on 12/8/21 before Judge Lewis A. Kaplan. 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 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022. (Moya, Goretti) (Entered: 12/14/2021)
12/14/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sylvia Ash. Notice is hereby given that an official transcript of a Trial proceeding held on 12/7/21 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.... (Moya, Goretti) (Entered: 12/14/2021)
12/14/2021TRANSCRIPT of Proceedings as to Sylvia Ash re: Trial held on 12/7/21 before Judge Lewis A. Kaplan. 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 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022. (Moya, Goretti) (Entered: 12/14/2021)
12/14/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sylvia Ash. Notice is hereby given that an official transcript of a Trial proceeding held on 12/6/21 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.... (Moya, Goretti) (Entered: 12/14/2021)
12/14/2021TRANSCRIPT of Proceedings as to Sylvia Ash re: Trial held on 12/6/21 before Judge Lewis A. Kaplan. 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 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022. (Moya, Goretti) (Entered: 12/14/2021)
12/14/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sylvia Ash. Notice is hereby given that an official transcript of a Trial proceeding held on 12/2/21 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.... (Moya, Goretti) (Entered: 12/14/2021)
12/14/2021TRANSCRIPT of Proceedings as to Sylvia Ash re: Trial held on 12/2/21 before Judge Lewis A. Kaplan. 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 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022. (Moya, Goretti) (Entered: 12/14/2021)
12/14/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sylvia Ash. Notice is hereby given that an official transcript of a Trial proceeding held on 12/1/21 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.... (Moya, Goretti) (Entered: 12/14/2021)
12/14/2021TRANSCRIPT of Proceedings as to Sylvia Ash re: Trial held on 12/1/21 before Judge Lewis A. Kaplan. 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 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022. (Moya, Goretti) (Entered: 12/14/2021)
12/14/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sylvia Ash. Notice is hereby given that an official transcript of a Trial proceeding held on 11/30/21 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.... (Moya, Goretti) (Entered: 12/14/2021)
12/14/2021TRANSCRIPT of Proceedings as to Sylvia Ash re: Trial held on 11/30/21 before Judge Lewis A. Kaplan. 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 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022. (Moya, Goretti) (Entered: 12/14/2021)
12/13/2021
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Sylvia Ash. (Signed by Judge Lewis A. Kaplan on 12/13/21)(jbo) (Entered: 12/14/2021)
12/13/2021Set/Reset Hearings as to Sylvia Ash: Sentencing set for 4/20/2022 at 03:00 PM before Judge Lewis A. Kaplan. (jbo) (Entered: 12/14/2021)
12/13/2021JURY VERDICT as to Sylvia Ash (1) Guilty on Count 1s,3s,4s; Sylvia Ash (1) Not Guilty on Count 2s. (jbo) (Entered: 12/14/2021)
12/13/2021Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sylvia Ash held on 12/13/2021. Trial continued from 12/9/2021 concerning defendant Sylvia Ash before the Hon. Lewis A. Kaplan. Jury deliberations continued and concluded. A verdict of guilty as to counts (S1)One, (S1)Three, and (S1)Four was returned. Defendant found not guilty of Count (S1)Two. Sentencing scheduled for 4/20/2022 at 3:00 PM. PSI Ordered. Counsel to submit a letter proposing a post-trial briefing schedule. Defendant remained released on bail. (jbo) (Entered: 12/14/2021)
12/10/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sylvia Ash. Notice is hereby given that an official transcript of a Oral Argument proceeding held on 11/18/2021 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.... (Moya, Goretti) (Entered: 12/10/2021)
12/10/2021TRANSCRIPT of Proceedings as to Sylvia Ash re: Oral Argument held on 11/18/2021 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2022. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/10/2022. (Moya, Goretti) (Entered: 12/10/2021)
12/9/2021Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sylvia Ash held on 12/9/2021. Closing arguments heard, jury charged, deliberations begun and continued to Monday, 12/13/2021 at 9:30 AM. (Court Reporter Rebecca Forman and Andrew Walker) (Mohan, Andrew) (Entered: 12/09/2021)
12/8/2021Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sylvia Ash held on 12/8/2021. Defendant's case begun and defendant rested. Jury excused and told to return on 12/9/2021 at 9:30 AM. Defendant renewed her Rule 29 motion for acquittal, which was denied by the Court. Charge conference held with counsel. (Court Reporter Rebecca Forman and Andrew Walker) (Mohan, Andrew) (Entered: 12/08/2021)
12/8/2021 LETTER by Sylvia Ash addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated December 8, 2021 re: Additional Materials in Support of December 7, 2021 Motion (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Cohen, Carrie) (Entered: 12/08/2021)
12/7/2021Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sylvia Ash held on 12/7/2021. Trial continued and Government rested. Defendant moved under Rule 29 to dismiss the indictment, which was denied by the Court. The Defendant moved for a mistrial, which was denied by the Court. The Defendant's case will begin on 12/8/2021 at 10:00 AM. (Court Reporter Rebecca Forman and Andrew Walker) (Mohan, Andrew) (Entered: 12/08/2021)
12/7/2021 LETTER by USA as to Sylvia Ash addressed to Judge Lewis A. Kaplan from Assistant United States Attorneys Eli J. Mark, Daniel C. Richenthal, and Jonathan E. Rebold, and Special Assistant United States Attorney Alona Katz dated December 7, 2021 re: Defendant's Proposed Defense Exhibits and Certain Testimony Document filed by USA. (Richenthal, Daniel) (Entered: 12/07/2021)
12/6/2021Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Sylvia Ash held on 12/6/2021 (Court Reporter Rebecca Forman and Andrew Walker) (Mohan, Andrew) (Entered: 12/07/2021)
12/6/2021
  • Motionby Δ
LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated December 6, 2021 re: further Response to 4th Motion in Limine and to Preclude Introduction of Exhibits . Document filed by Sylvia Ash. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Cohen, Carrie) (Entered: 12/06/2021)
12/2/2021Minute Entry for proceedings held before Judge Lewis A. Kaplan:Jury Trial as to Sylvia Ash held on 12/2/2021. Trial to resume on Monday, 12/6/2021 at 12:30 PM in Courtroom 23B. (Court Reporter Rebecca Forman and Andrew Walker) (Mohan, Andrew) (Entered: 12/02/2021)
12/2/2021LETTER RESPONSE in Opposition by Sylvia Ash addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated December 2, 2021 re: 136 FOURTH MOTION in Limine .. (Cohen, Carrie) (Entered: 12/02/2021)
12/1/2021Minute Entry for proceedings held before Judge Lewis A. Kaplan: Jury Trial as to Sylvia Ash held on 12/1/2021. (Court Reporter Rebecca Forman and Andrew Walker)(Mohan, Andrew) (Entered: 12/02/2021)
12/1/2021
  • Motion in Limine
FOURTH MOTION in Limine . Document filed by USA as to Sylvia Ash. (Attachments: # 1 Exhibit A (November 18, 2021 Pretrial Conference Transcript), # 2 Exhibit B (November 30, 2021 Trial Transcript), # 3 Exhibit C (Kam Wong Plea Agreement), # 4 Exhibit D (Joseph Guagliardo Plea Agreement))(Richenthal, Daniel) (Entered: 12/01/2021)
11/30/2021Minute Entry for proceedings held before Judge Lewis A. Kaplan: Voir Dire Held and Jury Trial Begun on 11/30/2021 as to Sylvia Ash. Voir Dire and trial begun concerning defendant Sylvia Ash before the Hon. Lewis A. Kaplan. Defendant Ash present with attorneys Carrie Heather Cohen, Janie C. Buckley, and Nathan Daniel Reilly. AUSs Eli J. Mark, Alona S. Katz, and Jonathan Rebold present. Court reporters Rebecca Forman and Andrew Walker present. Jury voir dire held. A jury of 12 and 6 alternates selected and sworn. Opening arguments heard. Trial adjourned until 12/1/2021 at 9:30 AM. Defendant remained released on bail. (lnl) (Entered: 12/01/2021)
11/30/2021 LETTER by Sylvia Ash addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated November 30, 2021 re: Public Filing of Sylvia Ash's Opposition to Government's Supplemental Motions in Limine of November 23, 2021 (Attachments: # 1 Letter Submitted in Opposition to Motions in Limine)(Cohen, Carrie) (Entered: 11/30/2021)
11/30/2021 LETTER by USA as to Sylvia Ash addressed to Judge Lewis A. Kaplan from Assistant United States Attorneys Eli J. Mark, Daniel C. Richenthal, and Jonathan E. Rebold, and Special Assistant United States Attorney Alona Katz dated November 30, 2021 re: Public Filing of Government's Supplemental Motions in Limine of November 23, 2021 Document filed by USA. (Attachments: # 1 Exhibit (Government Motions in Limine Concerning (a) Municipal Credit Union and (b) a Certain Lay Witness (Witness-1), # 2 Exhibit (Government Letter Correcting Statement in Defense Opposition to Government Motion in Limine Concerning Witness-1))(Richenthal, Daniel) (Entered: 11/30/2021)
11/30/2021
  • Motion in Limine
THIRD MOTION in Limine [Typographical Error Corrected]. Document filed by USA as to Sylvia Ash. (Richenthal, Daniel) (Entered: 11/30/2021)
11/29/2021
  • Motionby Δ
LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated 11/29/21 re: to Compel Production of Documents and Adjourn Commencement of Trial . Document filed by Sylvia Ash. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cohen, Carrie) (Entered: 11/29/2021)
11/29/2021
  • Motion in Limine
THIRD MOTION in Limine . Document filed by USA as to Sylvia Ash. (Richenthal, Daniel) (Entered: 11/29/2021)
11/28/2021
  • Motion in LiminePartial
ORDER granting in part and denying in part 121 Motion in Limine as to Sylvia Ash (1). (Signed by Judge Lewis A. Kaplan on 11/28/2021) (Kaplan, Lewis) (Entered: 11/28/2021)
11/28/2021
  • Motion to Exclude EvidenceDenied
ORDER denying 125 LETTER MOTION exclusion of evidence of co-conspirator declarations and other relief re: 125 LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated November 24, 2021 re: Relating Additional In Limine Motion Re Co-Conspirator Statements . as to Sylvia Ash (1). (Signed by Judge Lewis A. Kaplan on 11/28/2021) (Kaplan, Lewis) (Entered: 11/28/2021)
11/27/2021
  • OrderPartial
ORDER granting in part and denying in part 117 LETTER MOTION granting access to certain jury records re: 117 LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated November 22, 2021 re: to authorize SDNY Jury Administrator to produce records pursuant to 28 U.S.C. Sec. 1867(f) . as to Sylvia Ash (1). (Signed by Judge Lewis A. Kaplan on 11/27/2021) (Kaplan, Lewis) (Entered: 11/27/2021)
11/26/2021LETTER RESPONSE in Opposition by Sylvia Ash addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated November 26, 2021 re: 121 SECOND MOTION in Limine .. (Cohen, Carrie) (Entered: 11/26/2021)
11/26/2021LETTER RESPONSE in Opposition by USA as to Sylvia Ash addressed to Judge Lewis A. Kaplan from Assistant United States Attorneys Eli J. Mark, Daniel C. Richenthal, and Jonathan E. Rebold, and Special Assistant United States Attorney Alona Katz dated November 26, 2021 re: 125 LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated November 24, 2021 re: Relating Additional In Limine Motion Re Co-Conspirator Statements .. (Richenthal, Daniel) (Entered: 11/26/2021)
11/24/2021
  • Motionby Δ
LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated November 24, 2021 re: Relating Additional In Limine Motion Re Co-Conspirator Statements . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 11/24/2021)
11/23/2021
  • Scheduling Order
SCHEDULING ORDER ON SUPPLEMENTAL IN LIMINE MOTIONS as to Sylvia Ash. The government late today filed additional supplemental in limine motions. While the Court deeply regrets possibly interfering with the holiday weekend plans of all concerned, it has no practical alternative given the November 30 trial date. Accordingly, unless counsel can reach a written agreement resolving the open issues, defendant shall file any responses to the government's latest filings no later than 5 pm on Friday, November 26, 2021. If an agreement is reached, it shall be filed no later than that time (Defendant Responses due by 11/26/2021) (Signed by Judge Lewis A. Kaplan on 11/23/21)(jw) (Main Document 124 replaced on 11/24/2021) (Mohan, Andrew). (Entered: 11/24/2021)
11/23/2021
  • Order
ORDER as to Sylvia Ash.. (Signed by Judge Lewis A. Kaplan on 11/23/2021)(Kaplan, Lewis) (Entered: 11/23/2021)
11/23/2021122
  • Order
ORDER as to Sylvia Ash.. (Signed by Judge Lewis A. Kaplan on 11/23/2021)(Kaplan, Lewis) (Entered: 11/23/2021)
11/23/2021
  • Motion in Limine
SECOND MOTION in Limine . Document filed by USA as to Sylvia Ash. (Attachments: # 1 Exhibit (Defense Letter re Advice-of-Counsel))(Richenthal, Daniel) (Entered: 11/23/2021)
11/23/2021STIPULATION AND ORDER 119 LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated November 23, 2021 re: Stipulation and Proposed Order Pursuant to Fed. R. Evid. 502. It is hereby ORDERED In the course of the above-captioned matter and any related investigation by the USAO, and subject to the parties' Stipulation as set forth supra, MCU's potential waiver of the attorney-client privilege and/or the work-product doctrine with respect to the Covered Documents produced by MCU to counsel for Defendant Sylvia Ash and the USAO does not constitute a waiver with respect to those privileges and protections that may apply to other MCU documents, or records, or a categorical waiver of such privileges and protections. Nothing in the parties' Stipulation set forth supra shall constitute or be construed as a waiver of the attorney-client privilege, work product doctrine, or any other privilege or protection in any other federal or state proceeding (Signed by Judge Lewis A. Kaplan on 11/23/21) (jw) (Entered: 11/23/2021)
11/23/2021
  • Motionby Δ
LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated November 23, 2021 re: Stipulation and Proposed Order Pursuant to Fed. R. Evid. 502 . Document filed by Sylvia Ash. (Attachments: # 1 Stipulation and [Proposed] Order)(Cohen, Carrie) (Entered: 11/23/2021)
11/22/2021
  • Motion in Limine
ORDER ON IN LIMINE MOTIONS - The Court substantially resolved them during oral argument on November 18, 2021. It notes here in summary fashion its disposition of the points raised although noting that the transcript of its rulings on November 18 shall govern in the event of any conflict with this order. The references below to the government's and the defendant's motions are to the argument headings in their respective memoranda, Dkts 96 and 95, respectively. The Clerk shall terminate Dkts 94 and 96. (Signed by Judge Lewis A. Kaplan on 11/22/21) (jw) (Entered: 11/22/2021)
11/22/2021
  • Motionby Δ
LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated November 22, 2021 re: to authorize SDNY Jury Administrator to produce records pursuant to 28 U.S.C. Sec. 1867(f) . Document filed by Sylvia Ash. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Cohen, Carrie) (Entered: 11/22/2021)
11/22/2021
  • Order
ORDER as to Sylvia Ash. It is hereby ORDERED, as follows Any application by defendant to compel MCU to produce any such material shall be filed no later than 1 p.m. on November 24, 2021. Defendant shall provide MCU with a copy of this order today and advise MCU as promptly as possible whether defendant will make any such motion. Defendant shall not present evidence or argument to the jury regarding MCU's assertion of privilege and/or work product protection, including in opening statement, absent prior permission of the Court. SO ORDERED (Signed by Judge Lewis A. Kaplan on 11/22/21)(jw) (Entered: 11/22/2021)
11/18/2021
  • Motionby Δ
LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated November 18,2021 re: Trial logistics and permissions . Document filed by Sylvia Ash. (Attachments: # 1 Text of Proposed Order)(Cohen, Carrie) (Entered: 11/18/2021)
11/17/2021
  • OrderGranted
MEMO ENDORSEMENT as to Sylvia Ash (1) granting 112 LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated November 16, 2021 re: Leave to Appear Virtually at the November 18 Conference and to Waive Ms. Ash's Appearance. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 11/17/2021) (ap) (Entered: 11/17/2021)
11/17/2021
  • Order
ORDER as to Sylvia Ash: IT IS HEREBY ORDERED THAT Courtroom Connect, a Southern District of New York contracted vendor, may provide the Government in the United States v. Sylvia Ash, SI 19 Cr. 780 (LAK), with an Internet connectivity feed for the duration of the trial proceedings, set to begin on Tuesday, November 30, 2021. Courtroom Connect should make proper arrangements with the District Executive Office of the Court and the official court reporter. (Signed by Judge Lewis A. Kaplan on 11/17/2021) (ap) (Entered: 11/17/2021)
11/16/2021
  • Motionby Δ
LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated November 16, 2021 re: Leave to Appear Virtually at the November 18 Conference and to Waive Ms. Ash's Appearance . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 11/16/2021)
11/16/2021
  • Motion
LETTER MOTION addressed to Judge Lewis A. Kaplan from Assistant U.S. Attorney Eli J. Mark dated November 16, 2021 re: Courtroom Connect Access . Document filed by USA as to Sylvia Ash. (Attachments: # 1 Text of Proposed Order)(Mark, Eli) (Entered: 11/16/2021)
11/16/2021
  • Order
ORDER as to Sylvia Ash: The Court will hear oral argument on the pending motions in limine on November 18, 2021 at 2 pm. (Oral Argument set for 11/18/2021 at 02:00 PM before Judge Lewis A. Kaplan) (Signed by Judge Lewis A. Kaplan on 11/16/2021) (ap) (Entered: 11/16/2021)
11/16/2021
  • Order
ORDER as to Sylvia Ash: Following argument of the in limine motions, counsel should be prepared to discuss whether the vaccine status of prospective jurors should be ascertained during voir dire, whether unvaccinated prospective jurors should be excused on that basis, and more generally the role, if any, that vaccination status ought to play in selecting and seating a jury in this case. (Signed by Judge Lewis A. Kaplan on 11/16/2021) (ap) (Entered: 11/16/2021)
11/15/2021
  • Reply
REPLY MEMORANDUM OF LAW in Support by USA as to Sylvia Ash re: 96 MOTION in Limine . . (Mark, Eli) (Entered: 11/15/2021)
11/15/2021 LETTER by Sylvia Ash addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated November 15, 2021 re: Objections to the Government's Proposed Requests to Charge (Attachments: # 1 Exhibit A)(Cohen, Carrie) (Entered: 11/15/2021)
11/15/2021 LETTER by Sylvia Ash addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated November 15, 2021 re: Objections and Proposed Amendments to the Governments Proposed Voir Dire Requests (Cohen, Carrie) (Entered: 11/15/2021)
11/15/2021
  • Order
ORDER as to Sylvia Ash: Having reviewed the parties' letters of October 29 and November 12, 2021 (Dkts 97, 104), it is hereby ORDERED, as follows: 1. On or before November 19, 2021, defendant shall provide the government with (a) written notice and the contours (including the bases and scope of, and the count or counts to which it is said to apply) of any advice of counsel defense that she will raise at trial, and, if so, (b) all documents (including attorney-client and attorney work product documents) that support or might impeach or undermine any such defense, 2, The Clerk shall terminate Dkt. 104. (Signed by Judge Lewis A. Kaplan on 11/15/2021) (ap) (Entered: 11/15/2021)
11/12/2021
  • Motion
LETTER MOTION addressed to Judge Lewis A. Kaplan from Assistant U.S. Attorney Eli J. Mark dated November 12, 2021 re: 97 Letter re: Response to Defendant's Letter and Request for Orders regarding Privilege Matters and Advice-of-Counsel Defense . Document filed by USA as to Sylvia Ash. (Mark, Eli) (Entered: 11/12/2021)
11/12/2021MEMORANDUM in Opposition by USA as to Sylvia Ash re 94 MOTION in Limine .. (Mark, Eli) (Entered: 11/12/2021)
11/12/2021
  • Motion in Limineby Δ
MEMORANDUM in Opposition by Sylvia Ash re 96 MOTION in Limine .. (Attachments: # 1 Exhibit A)(Cohen, Carrie) (Entered: 11/12/2021)
11/9/2021Proposed Voir Dire Questions by USA as to Sylvia Ash. (Mark, Eli) (Entered: 11/09/2021)
11/9/2021Request To Charge by USA as to Sylvia Ash. (Mark, Eli) (Entered: 11/09/2021)
11/9/2021Proposed Jury Instructions by Sylvia Ash. (Cohen, Carrie) (Entered: 11/09/2021)
11/9/2021Proposed Voir Dire Questions by Sylvia Ash. (Cohen, Carrie) (Entered: 11/09/2021)
10/29/2021 LETTER by Sylvia Ash addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated 10/29/2021 re: Advising the Court of Additional Potential Pre-trial Issues (Cohen, Carrie) (Entered: 10/29/2021)
10/29/2021
  • Motion in Limine
MOTION in Limine . Document filed by USA as to Sylvia Ash. (Mark, Eli) (Entered: 10/29/2021)
10/29/2021
  • Motion in Limineby Δ
MEMORANDUM in Support by Sylvia Ash re 94 MOTION in Limine .. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cohen, Carrie) (Entered: 10/29/2021)
10/29/2021
  • Motion in Limineby Δ
MOTION in Limine . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 10/29/2021)
10/22/202193
  • Motion to Withdraw as Counsel
ORDER denying as moot 91 Motion to Withdraw as Attorney. as to Sylvia Ash (1). (Signed by Judge Lewis A. Kaplan on 10/22/2021) (Kaplan, Lewis) (Entered: 10/22/2021)
10/22/202192
  • Motion to Withdraw as CounselGranted
ORDER granting 88 LETTER MOTION withdrawal as attorney re: 88 LETTER MOTION addressed to Judge Lewis A. Kaplan from G. Michael Bellinger dated 10/7/2021 re: G. Michael Bellingers withdrawal as counsel. . as to Sylvia Ash (1). (Signed by Judge Lewis A. Kaplan on 10/22/2021) (Kaplan, Lewis) (Entered: 10/22/2021)
10/22/2021
  • Motion to Withdraw as Counselby Δ
MOTION for G. Michael Bellinger to Withdraw as Attorney . Document filed by Sylvia Ash. (Attachments: # 1 Affidavit Declaration.Notice of Motion to Withdraw, # 2 Text of Proposed Order)(Bellinger, G.) (Entered: 10/22/2021)
10/15/2021 LETTER by USA as to Sylvia Ash addressed to Judge Lewis A. Kaplan from USA dated October 15, 2021 re: Schedule of Pretrial Disclosures Document filed by USA. (Rebold, Jonathan) (Entered: 10/15/2021)
10/8/2021NOTICE OF ATTORNEY APPEARANCE: Nathan Daniel Reilly appearing for Sylvia Ash. Appearance Type: Retained. (Reilly, Nathan) (Entered: 10/08/2021)
10/7/2021
  • Motionby Δ
LETTER MOTION addressed to Judge Lewis A. Kaplan from G. Michael Bellinger dated 10/7/2021 re: G. Michael Bellingers withdrawal as counsel. . Document filed by Sylvia Ash. (Bellinger, G.) (Entered: 10/07/2021)
10/5/2021ENDORSED LETTER as to Sylvia Ash addressed to Judge Lewis A. Kaplan from counsel Michael Bellinger dated 9/30/21 re: I no longer represent Judge Sylvia Ash, and neither does Schiff Hardin LLP nor Carter Ledyard & Milburn LLP. Currently, Carrie H. Cohen, Esq. and Morrison & Foerster LLP represent Judge Ash... ENDORSEMENT: Counsel must move for leave to withdraw. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/5/21)(jbo) (Entered: 10/05/2021)
10/4/2021
  • Order
MEMO ENDORSEMENT as to Sylvia Ash on re: 78 LETTER MOTION addressed to Judge Lewis A. Kaplan from Assistant U.S. Attorney Eli J. Mark dated July 22, 2021 re: Superseding Indictment and Exclusion of Time Under the Speedy Trial Act. ENDORSEMENT: Time excluded through Nov. 30, 2021. For reasons stated, the interests of justice outweigh the interests of the public and the defendant in a speedy trial. (Signed by Judge Lewis A. Kaplan on 7/23/2021)(ap) (Entered: 10/04/2021)
9/23/202185SEALED DOCUMENT placed in vault. (jus) (Entered: 09/23/2021)
9/22/2021NOTICE OF ATTORNEY APPEARANCE Jonathan Rebold appearing for USA. Jonathan E. Rebold (Rebold, Jonathan) (Entered: 09/22/2021)
9/1/2021
  • Order
ORDER as to Sylvia Ash: This case is set for trial commencing on November 30, 2021. Counsel should assume that it will not be postponed further. Proposed voir dire questions and requests to charge shall be filed no later than November 9, 2021. (Signed by Judge Lewis A. Kaplan on 9/1/2021) (ap) (Entered: 09/01/2021)
8/30/2021
  • Order
MEMO ENDORSEMENT as to Sylvia Ash (1) on 78 LETTER MOTION addressed to Judge Lewis A. Kaplan from Assistant U.S. Attorney Eli J. Mark dated July 22, 2021 re: Superseding Indictment and Exclusion of Time Under the Speedy Trial Act. ENDORSEMENT: Time excluded through 11/30/21 on consent. The interests of justice thereby including the defendant's need to prepare to meet the new indictment outweigh the interests in a speedy trial (Signed by Judge Lewis A. Kaplan on 8/29/2021) (ap) (Entered: 08/30/2021)
8/11/2021
  • OrderGranted
MEMO ENDORSEMENT as to Sylvia Ash (1) granting 80 LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated August 10, 2021 re: Request To Allow Sylvia Ash To Travel. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 8/11/2021) (ap) (Entered: 08/11/2021)
8/10/2021
  • Motionby Δ
LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated August 10, 2021 re: Request To Allow Sylvia Ash To Travel . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 08/10/2021)
7/26/2021 LETTER by Sylvia Ash addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated July 26, 2021 re: Response to Government's 7/22/21 Letter Motion re Superseding Indictment (Cohen, Carrie) (Entered: 07/26/2021)
7/22/2021
  • Motion
LETTER MOTION addressed to Judge Lewis A. Kaplan from Assistant U.S. Attorney Eli J. Mark dated July 22, 2021 re: Superseding Indictment and Exclusion of Time Under the Speedy Trial Act . Document filed by USA as to Sylvia Ash. (Attachments: # 1 Superseding Indictment)(Mark, Eli) (Entered: 07/22/2021)
7/22/2021
  • Order
MEMO ENDORSEMENT as to Sylvia Ash (1) on 75 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated July 12, 2021 re: Request to Move Trial Ready Date. ENDORSEMENT: Subject to courtroom and venire availability under COVID protocols, case set for trial 11/30/21. (Signed by Judge Lewis A. Kaplan on 7/22/2021) (ap) (Entered: 07/22/2021)
7/21/2021(S1) SUPERSEDING INDICTMENT FILED as to Sylvia Ash (1) count(s) 1s, 2s, 3s, 4s. (jm) (Main Document 77 replaced on 7/22/2021) (jm). (Entered: 07/22/2021)
7/12/2021CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated July 12, 2021 re: Request to Move Trial Ready Date . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 07/12/2021)
7/7/202174SEALED DOCUMENT placed in vault. (jus) (Entered: 07/07/2021)
7/7/202173SEALED DOCUMENT placed in vault. (jus) (Entered: 07/07/2021)
6/30/2021
  • OrderGranted
MEMO ENDORSEMENT as to Sylvia Ash (1) granting 71 LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated June 29, 2021 re: Seek permission for Defendant Sylvia G. Ash to travel to visit with family out of state on July 4, 2021. ENDORSEMENT: Granted on consent. (Signed by Judge Lewis A. Kaplan on 6/30/2021) (lnl) (Entered: 06/30/2021)
6/29/2021
  • Motionby Δ
LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated June 29, 2021 re: 5 Agreement to Forfeit Property,,,,, re: Seek permission for Defendant Sylvia G. Ash to travel to visit with family out of state on July 4, 2021 . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 06/29/2021)
6/14/202170SEALED DOCUMENT placed in vault. (nmo) (Entered: 06/14/2021)
5/26/202169SEALED DOCUMENT placed in vault. (jus) (Entered: 05/26/2021)
5/25/202168SEALED DOCUMENT placed in vault. (jus) (Entered: 05/25/2021)
5/25/202167SEALED DOCUMENT placed in vault. (jus) (Entered: 05/25/2021)
5/25/202166SEALED DOCUMENT placed in vault. (jus) (Entered: 05/25/2021)
5/25/202165SEALED DOCUMENT placed in vault. (jus) (Entered: 05/25/2021)
5/17/202164SEALED DOCUMENT placed in vault. (nmo) (Entered: 05/17/2021)
4/22/202163SEALED DOCUMENT placed in vault. (jus) (Entered: 04/22/2021)
4/21/202162SEALED DOCUMENT placed in vault. (nmo) (Entered: 04/21/2021)
4/9/202161SEALED DOCUMENT placed in vault. (jus) (Entered: 04/09/2021)
3/19/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sylvia Ash. Notice is hereby given that an official transcript of a Conference proceeding held on 2/22/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 03/19/2021)
3/19/2021TRANSCRIPT of Proceedings as to Sylvia Ash re: Conference held on 2/22/21 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/9/2021. Redacted Transcript Deadline set for 4/19/2021. Release of Transcript Restriction set for 6/17/2021. (McGuirk, Kelly) (Entered: 03/19/2021)
2/22/2021Minute Entry for proceedings held before Judge Lewis A. Kaplan: Video/Teleconference Pretrial Conference as to Sylvia Ash held on 2/22/2021. Defendant Sylvia Ash present by phone while her attorneys Carrie Cohen and Janie C. Buckley participated by video. AUSAs Alona S. Katz, Daniel C. Richenthal, and Eli J. Mark participated by video. Court reporter Lisa Frankel present by telephone. The contemplated 4/12/2021 trial date is adjourned until a control date of 10/4/2021. Time from today through and including 10/4/2021 is excluded from speedy trial calculations in the interests of justice. (lnl) (Entered: 02/23/2021)
2/20/2021Pretrial video-conference set for 2/22/2021 at 02:00 PM before Judge Lewis A. Kaplan. Public and press may call in for audio +1 917-933-2166, Phone Conference ID: 407 436 285# (Mohan, Andrew) (Entered: 02/20/2021)
12/14/202058SEALED DOCUMENT placed in vault. (nmo) (Entered: 12/14/2020)
12/11/202057SEALED DOCUMENT placed in vault. (nmo) (Entered: 12/11/2020)
11/5/2020ENDORSED LETTER as to Sylvia Ash addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated 11/4/2020 re: Defense counsel writes regarding exclusion of time. ENDORSEMENT: Granted. Time excluded for Speedy Trial Act purposes runs until 4/1/2021 for reasons stated above. The interests of justice outweigh the interests of the def. and the public in a speedy trial. (Signed by Judge Lewis A. Kaplan on 11/5/2020) (ap) (Entered: 11/05/2020)
11/2/202055SEALED DOCUMENT placed in vault. (jus) (Entered: 11/02/2020)
9/21/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sylvia Ash. Notice is hereby given that an official transcript of a Conference proceeding held on 8/27/20 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: 09/21/2020)
9/21/2020TRANSCRIPT of Proceedings as to Sylvia Ash re: Conference held on 8/27/20 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Lisa Picciano Franko, (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 10/13/2020. Redacted Transcript Deadline set for 10/22/2020. Release of Transcript Restriction set for 12/21/2020. (McGuirk, Kelly) (Entered: 09/21/2020)
8/27/2020Minute Entry for proceedings held before Judge Lewis A. Kaplan: Telephone Conference as to Sylvia Ash held on 8/27/2020. Teleconference held before Hon. Lewis A. Kaplan. Defendant Sylvia Ash participated with her attorney Carrie Cohen. AUSAs Daniel C. Richenthal and Eli J. Mark participated. Case status discussed. No trial date was set. Time from today through 1/4/2021 is excluded from speedy trial calculations in the interests of justice. Defendant remained released on bail. (Court Reporter Lisa Franco) (ap) Modified on 8/27/2020 (Mohan, Andrew). (Entered: 08/27/2020)
8/25/202052
  • OrderDenied
ORDER denying without prejudice 51 Motion for Extension of Time as to Sylvia Ash (1). (Signed by Judge Lewis A. Kaplan on 8/25/2020) (Kaplan, Lewis) (Entered: 08/25/2020)
8/24/2020
  • Motion to Extend Timeby Δ
JOINT MOTION for Extension of Time for the Trial Date. Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 08/24/2020)
8/10/2020
  • Order
MEMO ENDORSEMENT as to Sylvia Ash (1) granting 48 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated July 15, 2020 re: Modify Terms of Bond. ENDORSEMENT: Granted on consent. (Signed by Judge Lewis A. Kaplan on 8/10/2020) (ap) (Entered: 08/10/2020)
8/10/2020LETTER RESPONSE to Motion by USA as to Sylvia Ash addressed to Judge Lewis A. Kaplan from Assistant U.S. Attorneys Eli J. Mark and Daniel C. Richenthal dated August 10, 2020 re: 48 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated July 15, 2020 re: Modify Terms of Bond .. (Mark, Eli) (Entered: 08/10/2020)
7/15/2020CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated July 15, 2020 re: Modify Terms of Bond . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 07/15/2020)
6/2/2020
  • Motion to Suppress
MEMORANDUM OPINION 35 Motion to Suppress. Sylvia Ash, a New York State judge, has been charged with conspiring to obstruct, and obstructing, a federal investigation into the embezzlement and fraud perpetrated by the chief executive officer and president of the Municipal Credit Union (MCU), Kam Wong. (Signed by Judge Lewis A. Kaplan on 6/2/20) (jw) (Entered: 06/02/2020)
4/15/2020
  • Reply
REPLY MEMORANDUM OF LAW in Opposition by USA as to Sylvia Ash re: 35 MOTION to Suppress . . (Richenthal, Daniel) (Entered: 04/15/2020)
4/10/2020
  • Motion to Suppressby Δ
REPLY MEMORANDUM OF LAW in Support as to Sylvia Ash re: 35 MOTION to Suppress . . (Cohen, Carrie) (Entered: 04/10/2020)
4/8/2020Set/Reset Deadlines as to Sylvia Ash: Replies due by 4/10/2020. Surreplies due by 4/15/2020. (ap) (Entered: 04/08/2020)
4/8/2020
  • Order
MEMO ENDORSEMENT as to Sylvia Ash (1) granting 43 JOINT LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated April 7, 2020 re: Request for Leave to File Reply and Sur-Reply. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 4/8/2020) (ap) (Entered: 04/08/2020)
4/7/2020JOINT LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated April 7, 2020 re: Request for Leave to File Reply and Sur-Reply . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 04/07/2020)
4/3/2020MEMORANDUM in Opposition by USA as to Sylvia Ash re 35 MOTION to Suppress .. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Richenthal, Daniel) (Entered: 04/03/2020)
4/1/2020
  • Order
MEMO ENDORSEMENT 40 LETTER MOTION Reschedule Trial and Exclude Time as to Sylvia Ash...ENDORSEMENT...Trial adjourned until 10/19/2020 at 9:30 although that date may have to be adjusted. As the interests of justices served thereby outweigh the interests of the defendant and the public in a speedy trial in light of the COVID-19 crisis and the limitations on the conduct of jury trials and trial preparation, time is excluded to and including 10/19/20. (Signed by Judge Lewis A. Kaplan on 4/1/20) (jw) (Entered: 04/01/2020)
4/1/2020CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated March 31, 2020 re: Request to Reschedule Trial and Exclude Time Under the Speedy Trial Act . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 04/01/2020)
4/1/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Sylvia Ash: Notice to Attorney Cohen, Carrie to RE-FILE Document 39 MOTION to Continue Trial Date (on Consent). Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 04/01/2020)
3/31/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Continue Trial Date (on Consent). Document filed by Sylvia Ash. (Cohen, Carrie) Modified on 4/1/2020 (ka). (Entered: 03/31/2020)
3/24/2020NOTICE OF ATTORNEY APPEARANCE: Janie C. Buckley appearing for Sylvia Ash. Appearance Type: Retained. (Buckley, Janie) (Entered: 03/24/2020)
3/23/2020DECLARATION of Carrie H. Cohen in Support as to Sylvia Ash re: 35 MOTION to Suppress .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T, # 20 Exhibit U)(Cohen, Carrie) (Entered: 03/23/2020)
3/23/2020
  • Motion to Suppressby Δ
MEMORANDUM in Support by Sylvia Ash re 35 MOTION to Suppress .. (Cohen, Carrie) (Entered: 03/23/2020)
3/23/2020
  • Motion to Suppressby Δ
MOTION to Suppress . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 03/23/2020)
3/23/2020***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Sylvia Ash: Notice to Attorney Cohen, Carrie to RE-FILE Document 34 MOTION to Suppress. ERROR(S): Filing Error of Attachment. Supporting documents must be filed individually. Event code located under Replies, Opposition and Supporting documents.***NOTE: Separate docket entry for each. (ka) (Entered: 03/23/2020)
3/20/2020 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Suppress . Document filed by Sylvia Ash. (Attachments: # 1 Memorandum of Law in Support of her Motions to Suppress, # 2 Declaration of Carrie H. Cohen in Support of Motion to Suppress, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U)(Cohen, Carrie) Modified on 3/23/2020 (ka). (Entered: 03/20/2020)
3/16/2020ENDORSED LETTER as to Sylvia Ash addressed to Judge Lewis A. Kaplan from USA dated March 13, 2020 re: Accordingly, for the reasons previously discussed with the Court, and in light of the uncertainty posed by Corona virus Disease 2019 (COVID-19), the Government, with consent of the defendant, requests that time be excluded under the Speedy Trial Act between today and May 18, 2020, the date of trial. ENDORSEMENT: Granted. For the reasons and referred to above, time is excluded from today to and including May 18, 2020. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/13/2020)(bw) (Entered: 03/16/2020)
3/13/2020CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan dated March 13, 2020 re: Exclusion of Time under the Speedy Trial Act . Document filed by USA as to Sylvia Ash. (Richenthal, Daniel) (Entered: 03/13/2020)
3/4/2020Set/Reset Deadlines as to Sylvia Ash: Motions due by 3/20/2020. Responses due by 4/3/2020. (ap) (Entered: 03/04/2020)
3/4/2020
  • OrderGranted
MEMO ENDORSEMENT as to Sylvia Ash (1) granting 30 LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated March 3, 2020 re: Extension of Time to Submit Motions. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 3/4/2020) (ap) (Entered: 03/04/2020)
3/4/2020
  • Motionby Δ
LETTER MOTION addressed to Judge Lewis A. Kaplan from Carrie H. Cohen dated March 3, 2020 re: Extension of Time to Submit Motions . Document filed by Sylvia Ash. (Cohen, Carrie) (Entered: 03/04/2020)
3/4/2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Sylvia Ash: Notice to Attorney Cohen, Carrie to RE-FILE Document 29 MOTION for Extension of Time to Submit Motions.. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 03/04/2020)
3/3/2020 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Extension of Time to Submit Motions. Document filed by Sylvia Ash. (Cohen, Carrie) Modified on 3/4/2020 (ka). (Entered: 03/03/2020)
2/12/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sylvia Ash. Notice is hereby given that an official transcript of a Conference proceeding held on 1/16/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/12/2020)
2/12/2020TRANSCRIPT of Proceedings as to Sylvia Ash re: Conference held on 1/16/2020 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/4/2020. Redacted Transcript Deadline set for 3/16/2020. Release of Transcript Restriction set for 5/12/2020. (McGuirk, Kelly) (Entered: 02/12/2020)
2/4/2020NOTICE OF ATTORNEY APPEARANCE: Carrie Heather Cohen appearing for Sylvia Ash. Appearance Type: Retained. (Cohen, Carrie) (Entered: 02/04/2020)
1/24/2020Set/Reset Deadlines/Hearings as to Sylvia Ash: Motions due by 3/6/2020. Replies due by 3/20/2020. Oral Argument set for 4/1/2020 at 10:00 AM before Judge Lewis A. Kaplan. (jbo) (Entered: 01/24/2020)
1/24/2020
  • Order
ORDER as to Sylvia Ash (1). Defendant's letter motion to adjust the motion schedule and adjourn the trial [Dkt 23] is granted to the extent that the deadline for the filing of any motions by defendant shall be March 6, 2020, the government's reply shall be filed on or before March 20, 2020, and oral argument and a conference will be held on April 1, 2020 at 10 am. It is denied in all other respects. Unless otherwise ordered, trial will commence on May 18, 2020 as scheduled. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/24/20) (jbo) (Entered: 01/24/2020)
1/22/2020LETTER RESPONSE in Opposition by USA as to Sylvia Ash addressed to Judge Lewis A. Kaplan from Assistant U.S. Attorney Eli J. Mark dated January 22, 2020 re: 23 LETTER MOTION addressed to Judge Lewis A. Kaplan from G. Michael Bellinger dated January 21, 2020 re: Extension .. (Mark, Eli) (Entered: 01/22/2020)
1/21/2020
  • Motionby Δ
LETTER MOTION addressed to Judge Lewis A. Kaplan from G. Michael Bellinger dated January 21, 2020 re: Extension . Document filed by Sylvia Ash. (Bellinger, G.) (Entered: 01/21/2020)
1/16/2020Minute Entry for proceedings held before Judge Lewis A. Kaplan: Bond Hearing as to Sylvia Ash held on 1/16/2020. Defendant Sylvia Ash present with attorney G. Michael Bellinger. AUSAs Daniel C. Richenthal, Eli J. Mark, and Alona S. Katz present. US Pretrial Services Officer Lea Harmon present. Government's oral application for a bail modification denied by the Court. Defendant remained released on bail. (Court Reporter Martha Martin) (Mohan, Andrew) (Entered: 01/16/2020)
12/16/2019
  • OrderGranted
MEMO ENDORSEMENT as to Sylvia Ash (1) granting 21 LETTER MOTION addressed to Judge Lewis A. Kaplan from G. Michael Bellinger dated December 13, 2019 re: to modify Ms. Ash's bail conditions. ENDORSEMENT" Granted on consent. So Ordered. (Signed by Judge Lewis A. Kaplan on 12/16*2019) (lnl) (Entered: 12/16/2019)
12/13/2019
  • Motionby Δ
LETTER MOTION addressed to Judge Lewis A. Kaplan from G. Michael Bellinger dated December 13, 2019 re: to modify Ms. Ash's bail conditions . Document filed by Sylvia Ash. (Bellinger, G.) (Entered: 12/13/2019)
12/6/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sylvia Ash. Notice is hereby given that an official transcript of a Conference proceeding held on 11/4/19 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: 12/06/2019)
12/6/2019TRANSCRIPT of Proceedings as to Sylvia Ash re: Conference held on 11/4/19 before Judge Lewis A. Kaplan. 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 12/27/2019. Redacted Transcript Deadline set for 1/6/2020. Release of Transcript Restriction set for 3/5/2020. (McGuirk, Kelly) (Entered: 12/06/2019)
11/25/2019STIPULATION AND ORDER as to Sylvia Ash. Follows oral order of STIPULATION AND ORDER SUBSTITUTING ATTORNEY. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/25/2019) (lnl) (Entered: 11/25/2019)
11/22/2019DECLARATION of Roger V. Archibald by Sylvia Ash. (Archibald, Roger) (Entered: 11/22/2019)
11/22/2019NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Sylvia Ash. Notice is hereby given that an official transcript of a Conference proceeding held on 11/4/19 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: 11/22/2019)
11/22/2019TRANSCRIPT of Proceedings as to Sylvia Ash re: Conference held on 11/4/19 before Judge Lewis A. Kaplan. 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 12/13/2019. Redacted Transcript Deadline set for 12/23/2019. Release of Transcript Restriction set for 2/20/2020. (McGuirk, Kelly) (Entered: 11/22/2019)
11/12/2019NOTICE OF ATTORNEY APPEARANCE: G. Michael Bellinger appearing for Sylvia Ash. Appearance Type: Retained. (Bellinger, G.) (Entered: 11/12/2019)
11/6/2019
  • Motion for Protective Order
PROTECTIVE ORDER as to Sylvia Ash...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lewis A. Kaplan on 11/6/2019) (ap) (Entered: 11/06/2019)
11/5/2019 LETTER by USA as to Sylvia Ash addressed to Judge Lewis A. Kaplan from Assistant United States Attorneys Eli J. Mark and Daniel C. Richenthal and Special Assistant United States Attorney Alona Katz dated November 5, 2019 re: Transcript of Presentment and Bail Argument Document filed by USA. (Attachments: # 1 Exhibit (Transcript of Presentment and Bail Argument))(Richenthal, Daniel) (Entered: 11/05/2019)
11/5/2019CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Assistant United States Attorneys Daniel C. Richenthal and Eli J. Mark and Special Assistant United States Attorney Alona Katz dated November 5, 2019 re: Entry of Protective Order . Document filed by USA as to Sylvia Ash. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Richenthal, Daniel) (Entered: 11/05/2019)
11/4/2019Minute Entry for proceedings held before Judge Lewis A. Kaplan: Plea entered by Sylvia Ash (1) Count 1,2,3 Not Guilty. (jbo) (Entered: 11/04/2019)
11/4/2019Minute Entry for proceedings held before Judge Lewis A. Kaplan: Arraignment as to Sylvia Ash (1) Count 1,2,3 held on 11/4/2019. Defendant Ash present with attorney Roger Archibald. AUSA Daniel C. Richenthal and Eli J. Mark present. Court reporter Stever Greenblum present. Defendant arraigned an entered a plea of not guilty. Government to make discovery by 12/10/2019. Defendant's motions due by 1/24/2020; Government opposition due by 2/14/2020; oral argument scheduled for 3/3/2020 at 10:00 AM. Trial scheduled to commence on 5/18/2020 at 9:30 AM. Time from today through 3/3/2020 is excluded from speedy trial calculations in the interests of justice. Defendant remained released on bail. (jbo) (Entered: 11/04/2019)
11/4/2019 LETTER by USA as to Sylvia Ash addressed to Judge Lewis A. Kaplan from Assistant United States Attorneys Daniel C. Richenthal and Eli J. Mark and Special Assistant United States Attorney Alona Katz dated November 4, 2019 re: Transcript of Presentment and Bail Argument in Magistrate Court Document filed by USA. (Richenthal, Daniel) (Entered: 11/04/2019)
10/31/2019Case Designated ECF as to Sylvia Ash. (jbo) (Entered: 10/31/2019)
10/31/2019 INDICTMENT FILED as to Sylvia Ash (1) count(s) 1, 2, 3. (jbo) (Entered: 10/31/2019)
10/31/2019
  • Order
MEMO ENDORSEMENT as to Sylvia Ash on 7 LETTER by Sylvia Ash addressed to Magistrate Judge Ona T. Wang from Roger V. Archibald, Esq. dated October 30, 2019 re: United States v. Ash, Case No. 19 MJ 9341. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Ona T. Wang on 10/31/2019) (lnl) [1:19-mj-09341-UA] (Entered: 10/31/2019)
10/30/2019 LETTER by Sylvia Ash addressed to Magistrate Judge Ona T. Wang from Roger V. Archibald, Esq. dated October 30, 2019 re: United States v. Ash, Case No. 19 MJ 9341 (Archibald, Roger) [1:19-mj-09341-UA] (Entered: 10/30/2019)
10/28/2019 LETTER by Sylvia Ash addressed to Magistrate Judge Ona T. Wang from Roger V. Archibald, Esq. dated October 28, 2019 re: United States v. Ash Case No. 19 MJ 9341 (Archibald, Roger) [1:19-mj-09341-UA] (Entered: 10/28/2019)
10/15/2019AGREEMENT TO FORFEIT REAL PROPERTY by Sylvia Ash. Personal Recognizance Bond in the amount of $ 500,000 PRB, 3 FRP'S; Secured by $100,000 Cash or Residence in Brooklyn; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Electronic Monitoring; GPS; Deft to Pay All or Part of Cost of Location Monitoring; Deft to Continue or Seek Employment; Deft to Be Released on Own Signature, Plus the Following Conditions; See Below; Remaining Conditions to Be Met by 10/18/19; No Contact with Any Current of Former MCI Board Members, Supervisory Committee Members or Officers, Except in the Presence of Counsel; No Contact with Any Other Witnesses Except in Presence of Counsel; Location Monitoring Supported by Stand Alone GPS; Deft Can Be Released on (1) FRP Signature or Posting of the Security for the Bond; and (2) Fitting of the Ankle Bracelet; remaining Conditions to Be Met by 10/18/19. *** BOND CONDITIONS MODIFIED BY USDJ KAPLAN ON 12/16/2019: Removing electronic monitoring bracelet upon the signing of the new bond and filing of an amended confession of judgment. (dif)[1:19-mj-09341-UA]; Modified on 12/17/2019 (bw). (Main Document 5 replaced on 12/18/2019) (bw). (Entered: 10/15/2019)
10/15/2019Attorney update in case as to Sylvia Ash. Attorney Alona Sarah Katz for USA added. (jm) [1:19-mj-09341-UA] (Entered: 10/15/2019)
10/11/2019Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Initial Appearance as to Sylvia Ash held on 10/11/2019., Deft Appears with Retained Attorney Roger V. Archibald and AUSA Eli Mark for the government. $500,000 PRB; 3 FRP'S; Secured by $100,000 or Residence in Brooklyn; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Electronic Monitoring; GPS; Deft to Pay All of Part of cost of Location Monitoring; Deft to Continue or Seek Employment; Deft to Be Released on Own Signature, Plus the Following Conditions; No Contact with Any Current or Former MCU Board Members, Supervisory Committee Members or Officers, Except in the Presence of Counsel; No Contact with Any Other Witnesses Except in Presence of Counsel; Location Monitoring Supported by Stand Alone GPS; Deft Can Be Released on (1) FRP Signature or Posting of the Security for the Bond, and (2) Fitting of the Ankle Bracelet; Remaining Conditions to Be Met by 10/18/19; ( Preliminary Hearing 11/1/2019 (dif) [1:19-mj-09341-UA] (Entered: 10/15/2019)
10/11/2019Attorney update in case as to Sylvia Ash. Attorney Roger V. Archibald for Sylvia Ash added.. (dif) [1:19-mj-09341-UA] (Entered: 10/15/2019)
10/11/2019NOTICE OF ATTORNEY APPEARANCE: Retained Attorney Roger V. Archibald appearing for Sylvia Ash. (dif) [1:19-mj-09341-UA] (Entered: 10/15/2019)
10/11/2019Arrest of Sylvia Ash. (dif) [1:19-mj-09341-UA] (Entered: 10/15/2019)
10/4/2019
  • Complaint
COMPLAINT as to Sylvia Ash (1). In Violation of 18 U.S.C. 371, 1512, 1519, and 2 (Signed by Magistrate Judge Kevin Nathaniel Fox) (dif) [1:19-mj-09341-UA] (Entered: 10/15/2019)
10/4/2019
  • Order
SEALED ORAL ORDER as to Sealed Defendant 1. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/4/2019)(dif) [1:19-mj-09341-UA] (Entered: 10/15/2019)