USA v. Kolfage

1:20-cr-00412 | New York Southern District Court

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Division Foley Square
Judge Judge Analisa Torres
Filed Aug. 17, 2020
Terminated July 26, 2023
Case Flags CLOSED and ECF
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6 Months
  • 2/6/2026
(Sentencing set for 4/26/2023 at 11:00 AM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 2/6/2026) (lnl) (Entered: 02/06/2023)
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Filing Date # Docket Text
5/15/2025MEMO ENDORSEMENT as to Brian Kolfage on 450] LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated May 14, 2025 re: 449 CONSENT MOTION to Reduce Sentence. ENDORSEMENT: By May 22, 2025, the Bureau of Prisons ("BOP") shall respond to Mr. Kolfage's letter datedMay 14, 2025. ECF No. 450. The BOP's response shall address, inter alia, (1) why Mr. Kolfage was moved "out of the hospital portion of the building in which he was imprisoned, to another part of the facility that does not have any medical staff during the evening and overnight," id. at 2, and (2) what Mr. Kolfage's current medical needs are. The Clerk of Court is respectfully directed to terminate the letter motion at ECF No. 450. SO ORDERED (Responses due by 5/22/2025) (Signed by Judge Analisa Torres on 5/15/2025) (lnl) (Entered: 05/15/2025)
5/14/2025 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated May 14, 2025 re: 449 CONSENT MOTION to Reduce Sentence . re: To Reduce Sentence and Provide an Update to the Court . Document filed by Brian Kolfage. (De Castro, Cesar) (Entered: 05/14/2025)
5/6/2025CONSENT MOTION to Reduce Sentence . Document filed by USA as to Brian Kolfage. (Attachments: # 1 Proposed Order to Reduce Term of Imprisonment to Time Served)(Sobelman, Robert) (Entered: 05/06/2025)
3/14/2025Sealed Document, Sealed Document, Sealed Document, Sealed Document
2/18/2025NOTICE OF GOVERNMENTS FAILURE TO RESPOND & Of PRISON TRANSFER. IN FURTHER SUPPORT OF THE MOTION TO REDUCE TERM OF IMPRISONMENT PURSUANT TO 18 U.S.C. § 3582(c)(1)(A)(i). (VERIFIED) Document filed by (20-Cr-412-4) Timothy Shea. Dated February 17th, 2025. (bw) (Entered: 02/18/2025)
2/18/2025Sealed Document, Sealed Document, Sealed Document, Sealed Document
1/29/2025Set/Reset Deadlines as to Timothy Shea: Responses due by 2/13/2025. (ap) (Entered: 01/29/2025)
1/29/2025MEMO ENDORSEMENT as to Timothy Shea (4) granting 444 LETTER MOTION addressed to Judge Analisa Torres dated January 28, 2025 re: Extension of Time. ENDORSEMENT: GRANTED. The Clerk of Court is respectfully directed to mail a copy of this order to Defendant pro se. (Signed by Judge Analisa Torres on 1/29/2025) (Copy mailed on 1/29/2025 to Defendant at: TIMOTHY SHEA, Register Number: 05591-509, FCI Englewood, FEDERAL CORRECTIONAL INSTITUTION, 9595 WEST QUINCY AVENUE, LITTLETON, CO 80123) (ap) (Entered: 01/29/2025)
1/28/2025 LETTER MOTION addressed to Judge Analisa Torres dated January 28, 2025 re: Extension of Time . Document filed by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 01/28/2025)
1/10/2025Notice (Other)
1/7/2025Sealed Document, Sealed Document, Sealed Document, Sealed Document
11/27/2024MEMO ENDORSEMENT as to Timothy Shea on re: 439 LETTER MOTION addressed to Judge Analisa Torres dated November 26, 2024 re: 438 Order re: Additional Information and Time to Respond. ENDORSEMENT: By December 30, 2024, Defendant shall file the following: (1) Supplemental evidence as to whether alternative caregivers are available to care for Defendant's minor children and, if so, the import that such availability has, if any, on Defendant's request for compassionate release; and (2) Supplemental evidence with respect to Amanda Shea and the custody and care of Defendant's minor children since September 26, 2024. By January 30, 2025, the Government shall respond to Defendant's motion. The Clerk of Court is respectfully directed to mail a copy of this order to Defendant pro se. (Responses due by 1/30/2025) (Signed by Judge Analisa Torres on 11/27/2024) (Copy mailed on 11/27/2024 to Defendant at: Timothy Shea, Reg. No. 05591-509, FCI Englewood, FEDERAL CORRECTIONAL INSTITUTION, 9595 WEST QUINCY AVENUE, LITTLETON, CO 80123) (ap) (Entered: 11/27/2024)
11/26/2024 LETTER MOTION addressed to Judge Analisa Torres dated November 26, 2024 re: 438 Order, Set Deadlines/Hearings,,,, re: Additional Information and Time to Respond . Document filed by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 11/26/2024)
11/13/2024ORDER as to Timothy Shea: The Court has received Defendant's motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A). ECF No. 435. Accordingly, 1. By November 29, 2024, the Government shall respond; and 2. By December 13, 2024, Defendant shall file a reply, if any. The Clerk of Court is directed to mail a copy of this order to Defendant pro se. SO ORDERED. (Responses due by 11/29/2024. Replies due by 12/13/2024.) (Signed by Judge Analisa Torres on 11/13/2024) (A copy of this ORDER was mailed by the Clerk's Office on 11/13/2024 to Timothy Shea, Reg. No. 05591-509, FCI Englewood - Satellite Camp, 9595 West Quincy Avenue, Littleton, CO 80123) (lnl) (Entered: 11/13/2024)
11/12/2024MOTION TO SEAL re: Motion to reduce term of imprisonment pursuant to 18 USC 3582(c)(1)(A)(i). Document filed by Timothy Shea. (jw) (Entered: 11/12/2024)
11/5/2024 MOTION TO REDUCE TERM OF IMPRISONMENT PURSUANT TO 18 U.S.C. §3582(c)(1)(A)(i). Document filed by Timothy Shea. (ap) (Entered: 11/08/2024)
7/30/2024ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO 18 U.S.C. § 3582(c)(2) as to Andrew Badolato (3). Upon motion of the defendant the court under 18 U.S.C. § 3582(c)(2) for a reduction in the term of imprisonment imposed based on a guideline sentencing range that has subsequently been lowered and made retroactive by the United States Sentencing Commission pursuant to 28 U.S.C. § 994(u), and having considered such motion, and taking into account the policy statement set forth at USSG §1B1.10 and the sentencing factors set forth in 18 U.S.C. § 3553(a), to the extent that they are applicable, IT IS ORDERED that the motion is: GRANTED and the defendant's previously imposed sentence of imprisonment (as reflected in the last judgment issued) of 36 months is reduced to 33 months. (Signed by Judge Analisa Torres on 7/30/2024) (lnl) (Entered: 07/30/2024)
7/30/2024ORDER as to Andrew Badolato: Having considered the record in this case and the parties' arguments, it is hereby ORDERED that Defendant's term of imprisonment is reduced to 33 months' imprisonment. All other components of the sentence remain as originally imposed. The Clerk of Court is directed to terminate the motion at ECF No. 430. SO ORDERED. (Signed by Judge Analisa Torres on 7/30/2024)(See ORDER as set forth) (lnl) (Entered: 07/30/2024)
7/30/2024LETTER RESPONSE to Motion by USA as to Andrew Badolato addressed to Judge Analisa Torres dated July 30, 2024 re: 430 MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) .. (Sobelman, Robert) (Entered: 07/30/2024)
7/18/2024ORDER as to (20-Cr-412-3) Andrew Badolato. The Court is in receipt of Defendant's motion for a sentence reduction, ECF No. 430, as well as Probation's supplemental presentence report indicating that Defendant is eligible for a sentence reduction under Amendment 821, ECF No. 425. By July 30, 2024, the Government shall respond to Defendant's motion. Defendant shall file his reply, if any, by August 6, 2024. The Court of Clerk is directed to terminate the motion at ECF No. 429, which is duplicative of ECF No. 430. SO ORDERED. ( Responses due by 7/30/2024. Replies due by 8/6/2024. )(Signed by Judge Analisa Torres on 7/18/2024) (bw) (Entered: 07/18/2024)
7/16/2024 MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) . Document filed by Andrew Badolato. (Froccaro, James) (Entered: 07/16/2024)
7/16/2024 MOTION for Retroactive Application of Amendment 821 pursuant to 18 U.S.C. § 3582(c)(2) . Document filed by Andrew Badolato. (Froccaro, James) (Entered: 07/16/2024)
7/16/2024NOTICE OF ATTORNEY APPEARANCE: James R. Froccaro, Jr appearing for Andrew Badolato. Appearance Type: Retained. (Froccaro, James) (Entered: 07/16/2024)
7/12/2024Transmission of USCA Mandate/Order to the District Judge re: 427 USCA Mandate - Final Judgment Appeal. (km) (Entered: 07/12/2024)
7/12/2024MANDATE of USCA (Certified Copy) as to Timothy Shea re: 121 USCA Mandate - Final Judgment Appeal, 412 Notice of Appeal - Final Judgment, Appeal Record Sent to USCA - Electronic File, Transmission of Notice of Appeal and Docket Sheet to USCA USCA Case Number 23-6842-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: 7/12/2024. (km) (Entered: 07/12/2024)
3/19/2024426SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/19/2024)
11/14/2023ORDER of USCA (Certified Copy) as to Timothy Shea re: 412 Notice of Appeal - Final Judgment USCA Case Number 23-6842. Defendant-Appellant Timothy Shea moves for bail pending appeal. The Government opposes the motion. Upon due consideration, it is hereby ORDERED that the motion is DENIED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 11/14/2023. (tp) (Entered: 11/14/2023)
10/20/2023ORDER 417 LETTER MOTION addressed to Judge Analisa Torres from Thomas H. Nooter dated October 10, 2023 re: Continued Release Pending Appeal as to Timothy Shea. Accordingly, Shea's motion for bail pending appeal is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 417. (Signed by Judge Analisa Torres on 10/20/23) (jw) (Entered: 10/20/2023)
10/16/2023LETTER REPLY TO RESPONSE to Motion by Timothy Shea addressed to Judge Analisa Torres from Thomas H. Nooter dated October 16, 2023 re 417 LETTER MOTION addressed to Judge Analisa Torres from Thomas H. Nooter dated October 10, 2023 re: Continued Release Pending Appeal .. (Nooter, Thomas) (Entered: 10/16/2023)
10/16/2023LETTER RESPONSE in Opposition by USA as to Timothy Shea addressed to Judge Analisa Torres from Derek Wikstrom dated October 16, 2023 re: 417 LETTER MOTION addressed to Judge Analisa Torres from Thomas H. Nooter dated October 10, 2023 re: Continued Release Pending Appeal .. (Wikstrom, Derek) (Entered: 10/16/2023)
10/13/2023ENDORSED LETTER as to (20-Cr-412-4) Timothy Shea addressed to Judge Analisa Torres from Attorney Thomas H. Nooter dated October 12, 2023 re: I am writing to respectfully ask the Court to modify the briefing schedule set out in the Court's order of yesterday, October 11, 2023. ENDORSEMENT: GRANTED. The Government shall file its response by October 16, 2023, and Defendant shall file any reply by October 17, 2023. SO ORDERED. ( Responses due by 10/16/2023. Replies due by 10/17/2023. ) (Signed by Judge Analisa Torres on 10/13/2023)(bw) (Entered: 10/13/2023)
10/12/2023SUPPLEMENTAL LETTER MOTION addressed to Judge Analisa Torres from Thomas H. Nooter dated October 12, 2023 re: 418 Order, Set Deadlines/Hearings,,,, re: Modification of Briefing Schedule for Motion for Release Pending Appeal with jointly proposed schedule. Document filed by Timothy Shea. (Nooter, Thomas) (Entered: 10/12/2023)
10/11/2023ORDER as to Timothy Shea. On October 10, 2023, Defendant Timothy Shea moved the Court to extend his surrender date pending appeal, pursuant to 18 U.S.C. § 3143(b). ECF No. 417. Accordingly By November 1, 2023, the Government shall file its opposition papers or advise the Court that it does not oppose the motion; and By November 15, 2023, Defendant shall file his reply, if any (Defendant Replies due by 11/15/2023., Government opposition due by 11/1/2023) (Signed by Judge Analisa Torres on 10/11/2023)(jw) (Entered: 10/11/2023)
10/10/2023 LETTER MOTION addressed to Judge Analisa Torres from Thomas H. Nooter dated October 10, 2023 re: Continued Release Pending Appeal . Document filed by Timothy Shea. (Nooter, Thomas) (Entered: 10/10/2023)
8/30/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/25/23 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: 08/30/2023)
8/30/2023TRANSCRIPT of Proceedings as to Timothy Shea re: Sentence held on 7/25/23 before Judge Analisa Torres. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/20/2023. Redacted Transcript Deadline set for 10/2/2023. Release of Transcript Restriction set for 11/28/2023. (Moya, Goretti) (Entered: 08/30/2023)
8/1/2023 LETTER MOTION addressed to Judge Analisa Torres from Clara Kalhous dated August 1, 2023 re: Concerning the Representation of Mr. Timothy Shea . Document filed by Timothy Shea. (Attachments: # 1 Proposed Order Enclosure - Proposed Order)(Kalhous, Clara) (Entered: 08/01/2023)
8/1/2023Consent Preliminary Order of Forfeiture/Money Judgment as to Timothy Shea... As a result of the offenses charged in Counts One through Three of the Indictment, of which the Defendant was found guilty, a money judgment in the amount of $1,801,707 in United States currency (the "Money Judgment"), representing proceeds traceable to the offense charged in Count One of the Indictment that the Defendant personally obtained, and all property involved in the offense charged in Count Two of the Indictment, for which the Defendant is jointly and severally liable with the Co-defendants Brian Kolfage and Andrew Badolato, to the extent a forfeiture money judgment is entered against the Co-defendants in this case, shall be entered against the Defendant.... (Signed by Judge Analisa Torres on 8/1/23)(jbo) (Entered: 08/01/2023)
7/27/2023Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Timothy Shea re: 412 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 07/27/2023)
7/27/2023Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Timothy Shea to US Court of Appeals re: 412 Notice of Appeal. (nd) (Entered: 07/27/2023)
7/27/2023NOTICE OF APPEAL by Timothy Shea from 411 Judgment. (nd) (Entered: 07/27/2023)
7/26/2023JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 7/25/2023. Defendant Timothy Shea (4) was found guilty on Count(s) 1ss, 2ss, 3ss, after a plea of not guilty. Count(s) all underlying counts are dismissed on the motion of the United States. IMPRISONMENT: 63 months on each count, to run concurrently. - The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the Defendant be detained at FCI Englewood. - The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 10/23/2023. SUPERVISED RELEASE: 3 years on each count, to run concurrently. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $300.00, due immediately. RESTITUTION: $1,801,707.00. Additional Terms For Criminal Monetary Penalties: Defendant shall pay the victims pursuant to the consent order of restitution filed on the docket and the schedule of victims that has been filed under seal. - Special instructions regarding the payment of criminal monetary penalties: upon your release from prison, you shall commence monthly installment payments in an amount equal to 15% of your gross income, payable on the 1st of each month. Joint and Several: (See page 8 of Judgment). - The defendant shall forfeit the defendant's interest in the following property to the United States: any and all property used or intended to be used in any manner or part to commit and to facilitate the commission of the offense alleged in Count 1 of the Superseding Indictment, specifically a sum of money equal to $1,801,707. (Signed by Judge Analisa Torres on 7/25/2023)(bw) (Entered: 07/26/2023)
7/26/2023CONSENT ORDER OF RESTITUTION as to Brian Kolfage, Andrew Badolato, Timothy Shea. Upon the application of the United States of America, by its attorney, Damian Williams, United States Attorney for the Southern District of New York, Mollie Bracewell, Nicolas Roos, Robert Sobelman, and Derek Wikstrom, Assistant United States Attorneys, of counsel; the presentence investigation reports; the defendants' convictions in these cases; and all other proceedings in these cases, it is hereby ORDERED that: 1. Amount of Restitution. Brian Kolfage, Andrew Badolato, and Timothy Shea, the defendants, shall pay restitution in the total amount of $25,601,615.00, pursuant to 18 U.S.C. §§ 3663, 3663A, and 3664, to the victims of the offenses charged in Count One of Indictment 20 Cr. 412 (AT) and Count One of Superseding Indictment S2 20 Cr. 412 (AT), as apportioned below. The names, addresses, and specific amounts owed to each victim are set forth in the Schedule of Victims, attached hereto as Schedule A. Brian Kolfage, the defendant, shall also pay restitution in the amount of $143,003.00, pursuant to 18 U.S.C. §§ 3663, 3663A, and 3664, to the victim of the offense charged in Counts One, Two, and Three of Indictment 22 Cr. 201 (AT). Upon advice by the United States Attorney's Office of a change of address of a victim, the Clerk of Court is authorized to send payments to the new address without further order of this Court....[*** See this Consent Order of Restitution ***]... 6. 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 victim(s), the Schedule of Victims, attached hereto as Schedule A, shall be filed under seal, except that copies may be retained and used by or disclosed to the listed victims, the Government, the investigating agency, the Clerk's Office, and the Probation Office, as needed to effect and enforce this Order, without further order of this Court. SO ORDERED: (Signed by Judge Analisa Torres on 7/26/2023)(bw) (Entered: 07/26/2023)
7/26/2023DISMISSAL OF COUNTS on Government Motion as to Timothy Shea (4) Count 1s,1,2s,2,3s. (ap) (Entered: 07/26/2023)
7/25/2023Minute Entry for proceedings held before Judge Analisa Torres: Sentencing held on 7/25/2023 for Timothy Shea (4) Count 1ss,2ss,3ss. Sentencing held for Timothy Shea. Defendant present with attorney Thomas Nooter. AUSAs Robert Sobelman and Derek Wikstrom present for the Government. Court reporter present. Defendant Shea is sentenced to 63 months' imprisonment and 3 years' supervised release on Counts 1, 2, and 3 of S2 20 Cr. 412, for the reasons stated on the record. All underlying counts are dismissed by motion of the Government. (ap) (Entered: 07/26/2023)
7/14/2023ORDER as to (20-Cr-412-4) Timothy Shea. On April 21, 2021, Defendant, Timothy Shea, was charged in a superseding indictment (the "Indictment") with: (1) conspiracy to commit wire fraud in violation of 18 U.S.C. § 1349 ("Count One"); (2) conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h) ("Count Two"); and (3) falsifying records with the intent to impede, obstruct, and influence an investigation by the Government in violation of 18 U.S.C. §§ 1519 and 2 ("Count Three"). Indictment, ECF No. 179. After the Court declared a mistrial on June 7, 2022, Dkt. Entry 6/7/2022, a second trial commenced on October 24, 2022, Dkt. Entry 10/24/2022. On October 28, 2022, a jury found Defendant guilty on all three counts. Dkt. Entry 10/28/2022. Before the Court is Defendant's motion to vacate the verdict on Count Two and dismiss that count and for a new trial on Counts One and Three. ECF No. 404. For the reasons stated below, Defendant's motion is DENIED.... [*** See this Order ***]... CONCLUSION: For the reasons stated above, Defendant's motion is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 404. SO ORDERED. (Signed by Judge Analisa Torres on 7/14/2023)(bw) (Entered: 07/14/2023)
7/7/2023LETTER RESPONSE in Opposition by USA as to Timothy Shea addressed to Judge Analisa Torres dated July 7, 2023 re: 404 MOTION to Set Aside Verdict .. (Wikstrom, Derek) (Entered: 07/07/2023)
7/6/2023ORDER as to Timothy Shea. The sentencing scheduled for July 11, 2023, is ADJOURNED to July 25, 2023, at 4:00 p.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007 (Sentencing set for 7/25/2023 at 04:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 7/6/2023)(jw) (Entered: 07/06/2023)
6/28/2023MEMORANDUM in Support by Timothy Shea re 404 MOTION to Set Aside Verdict .. (Nooter, Thomas) (Entered: 06/28/2023)
6/28/2023DECLARATION of Thomas H. Nooter, Attorney in Support as to Timothy Shea re: 404 MOTION to Set Aside Verdict .. (Nooter, Thomas) (Entered: 06/28/2023)
6/28/2023 MOTION to Set Aside Verdict . Document filed by Timothy Shea. (Nooter, Thomas) (Entered: 06/28/2023)
6/23/2023MEMO ENDORSEMENT granting 402 CONSENT LETTER MOTION filed by USA as to Brian Kolfage (1), addressed to Judge Analisa Torres from AUSAs Nicolas Roos, Robert B. Sobelman, Derek Wikstrom, dated June 22, 2023 re: 391 MOTION for Forfeiture of Property. re: withdraw motion.... The Government respectfully submits this letter to request that the Government's motion filed on May 17, 2023 (Dkt. 391) be withdrawn in light of the defendant's limited equity in the putative substitute assets referenced therein. The defendant consents to the Government's request. ENDORSEMENT: GRANTED. The Government's motion for forfeiture of property is withdrawn. The Clerk of Court is directed to terminate the motion at ECF No. 391. SO ORDERED. (Signed by Judge Analisa Torres on 6/23/2023) (bw) (Entered: 06/23/2023)
6/22/2023CONSENT LETTER MOTION addressed to Judge Analisa Torres dated June 22, 2023 re: 391 MOTION for Forfeiture of Property . re: withdraw motion . Document filed by USA as to Brian Kolfage. (Wikstrom, Derek) (Entered: 06/22/2023)
6/12/2023MEMO ENDORSEMENT as to Timothy Shea granting 400 CONSENT LETTER MOTION addressed to Judge Analisa Torres from Thomas H. Nooter dated June 12, 2023 re: Continuance of Sentencing Date Due to New Legal Issue. ENDORSEMENT: GRANTED. The sentencing scheduled for June 13, 2023, is ADJOURNED to July 11, 2023, at 2:00 p.m. Defendant shall file his motion, if any, by June 28, 2023. The Government shall file its opposition, if any, by July 7, 2023. (Motions due by 6/28/2023. Responses due by 7/7/2023. Sentencing set for 7/11/2023 at 02:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 6/12/2023) (lnl) (Entered: 06/12/2023)
6/12/2023CONSENT LETTER MOTION addressed to Judge Analisa Torres from Thomas H. Nooter dated June 12, 2023 re: Continuance of Sentencing Date Due to New Legal Issue . Document filed by Timothy Shea. (Nooter, Thomas) (Entered: 06/12/2023)
6/12/2023SENTENCING SUBMISSION by Timothy Shea. (Nooter, Thomas) (Entered: 06/12/2023)
6/12/2023 LETTER by USA as to Timothy Shea addressed to Judge Analisa Torres from Derek Wikstrom dated June 11, 2023 re: Jury Instruction Document filed by USA. (Wikstrom, Derek) (Entered: 06/12/2023)
5/23/2023ENDORSED LETTER as to (20-Cr-412-1) Brian Kolfage addressed to Judge Analisa Torres from AUSAs Nicolas Roos, Robert B. Sobelman, Derek Wikstrom, dated May 22, 2023 re: The Government respectfully submits this letter on behalf of the parties to request an extension of the defendant's deadline to respond to the Government's motion filed on May 17, 2023 (Dkt. No. 391) for a period of 30 days, from May 23, 2023 (Dkt. No. 393) to June 22, 2023, to permit the parties to confer regarding a potential resolution of the pending litigation. ENDORSEMENT: GRANTED. SO ORDERED. ( Responses due by 6/22/2023 )(Signed by Judge Analisa Torres on 5/23/2023)(bw) (Entered: 05/23/2023)
5/23/2023Attorney update in case as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. (AUSA) Attorney Mary Elizabeth Bracewell terminated. (bw) (Entered: 05/23/2023)
5/23/2023MEMO ENDORSEMENT granting 394 LETTER MOTION filed by USA as to Brian Kolfage (1), Stephen Bannon (2), Andrew Badolato (3), Timothy Shea (4), addressed to Judge Analisa Torres from AUSA Mary E. Bracewell dated 5/22/2023 re: Termination of Appearance.... Please be advised that I will be leaving the U.S. Attorney's Office. Accordingly, I respectfully request that the Clerk of Court remove me as counsel of record from all future ECF notifications in this case. ENDORSEMENT: GRANTED. The Clerk of Court is directed to terminate Mary E. Bracewell from the docket. SO ORDERED. (Signed by Judge Analisa Torres on 5/23/2023) (bw) (Entered: 05/23/2023)
5/22/2023JOINT LETTER MOTION addressed to Judge Analisa Torres dated May 22, 2023 re: 393 Order, Set Deadlines/Hearings,, re: Extension of Time . Document filed by USA as to Brian Kolfage. (Sobelman, Robert) (Entered: 05/22/2023)
5/22/2023 LETTER MOTION addressed to Judge Analisa Torres dated 5/22/2023 re: Termination of Appearance . Document filed by USA as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. (Bracewell, Mary) (Entered: 05/22/2023)
5/18/2023ORDER as to Brian Kolfage. On May 17, 2023, the Government filed a motion for forfeiture of property as to Defendant Brian Kolfage. By May 24, 2023, Defendant shall file his response, if any (Government Responses due by 5/24/2023) (Signed by Judge Analisa Torres on 5/18/2023)(jw) (Entered: 05/18/2023)
5/17/2023DECLARATION of Special Agent Jeremy Rosenman in Support by USA as to Brian Kolfage re: 391 MOTION for Forfeiture of Property .. (Sobelman, Robert) (Entered: 05/17/2023)
5/17/2023 MOTION for Forfeiture of Property . Document filed by USA as to Brian Kolfage. (Attachments: # 1 Text of Proposed Order Substitute Asset Order)(Sobelman, Robert) (Entered: 05/17/2023)
5/8/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian Kolfage, Andrew Badolato. Notice is hereby given that an official transcript of a Sentence proceeding held on 4/26/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/08/2023)
5/8/2023TRANSCRIPT of Proceedings as to Brian Kolfage, Andrew Badolato re: Sentence held on 4/26/2023 before Judge Analisa Torres. Court Reporter/Transcriber: Sharonda Jones, (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 5/30/2023. Redacted Transcript Deadline set for 6/8/2023. Release of Transcript Restriction set for 8/7/2023. (McGuirk, Kelly) (Entered: 05/08/2023)
4/27/2023JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 4/26/2023. Defendant Andrew Badolato (3) pleaded guilty to Count(s) 1. Count(s) all outstanding counts are dismissed on the motion of the United States. IMPRISONMENT: 36 months. - The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the Defendant be detained at FCI Pensacola. The Court recommends that the Defendant be enrolled in RDAP. - The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 7/25/2023. SUPERVISED RELEASE: 3 years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. RESTITUTION: $1,414,368.00. Additional Terms For Criminal Monetary Penalties: Defendant shall pay the victims pursuant to the schedule of victims that has been filed under seal. - Special instructions regarding the payment of criminal monetary penalties: (See page 8 of Judgment). Joint and Several: (See page 8 of Judgment). The defendant shall forfeit the defendant's interest in the following property to the United States: a sum of $1,414,368 and all right, title and interest in any funds contained in Capital One account number 3027095806 held in the name of WeBuildtheWall, Inc. (Signed by Judge Analisa Torres on 4/26/2023)(bw) (Entered: 04/27/2023)
4/27/2023JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 4/26/2023. Defendant Brian Kolfage (1) pleaded guilty to Count(s) 1. Count(s) all outstanding counts are dismissed on the motion of the United States. IMPRISONMENT: 51 months, to run concurrently with the sentence imposed in 22 Cr. 201. - The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the Defendant be detained at a prison medical facility to be determined by the BOP. - The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 7/25/2023. SUPERVISED RELEASE: 3 years, to run concurrently with the term imposed in 22 Cr. 201. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00, due immediately. RESTITUTION: $2,877,414.00. FINE: $20,000.00. Additional Terms For Criminal Monetary Penalties: Defendant shall pay the victims pursuant to the consent order of restitution filed on the docket and the schedule of victims that has been filed under seal. - Special instructions regarding the payment of criminal monetary penalties: (See page 8 of Judgment). Joint and Several: (See page 8 of Judgment). The defendant shall forfeit the defendant's interest in the following property to the United States: a sum of money equal to $17,782,106 and all right, title and interest of the defendant in the following specific property: $1,371,418 contained in Capital One account number 3027095806 held in the name of WeBuildtheWall, Inc. (Signed by Judge Analisa Torres on 4/26/2023)(bw) (Entered: 04/27/2023)
4/27/2023CONSENT ORDER OF RESTITUTION as to Brian Kolfage, Andrew Badolato, Timothy Shea. Upon the application of the United States of America, by its attorney, Damian Williams, United States Attorney for the Southern District of New York, Mollie Bracewell, Nicolas Roos, Robert Sobelman, and Derek Wikstrom, Assistant United States Attorneys, of counsel; the presentence investigation reports; the defendants convictions in these cases; and all other proceedings in these cases, it is hereby ORDERED that: 1. Amount of Restitution. Brian Kolfage, Andrew Badolato, and Timothy Shea, the defendants, shall pay restitution in the total amount of $25,601,615.00, pursuant to 18 U.S.C. §§ 3663, 3663A, and 3664, to the victims of the offenses charged in Count One of Indictment 20 Cr. 412 (AT) and Count One of Superseding Indictment S2 20 Cr. 412 (AT), as apportioned below. The names, addresses, and specific amounts owed to each victim are set forth in the Schedule of Victims, attached hereto as Schedule A. Brian Kolfage, the defendant, shall also pay restitution in the amount of $143,003.00, pursuant to 18 U.S.C. §§ 3663, 3663A, and 3664, to the victim of the offense charged in Counts One, Two, and Three of Indictment 22 Cr. 201 (AT). Upon advice by the United States Attorney's Office of a change of address of a victim, the Clerk of Court is authorized to send payments to the new address without further order of this Court....[*** See this Consent Order of Restitution ***]... 6. 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 victim(s), the Schedule of Victims, attached hereto as Schedule A, shall be filed under seal, except that copies may be retained and used by or disclosed to the listed victims, the Government, the investigating agency, the Clerk's Office, and the Probation Office, as needed to effect and enforce this Order, without further order of this Court. SO ORDERED: (Signed by Judge Analisa Torres on 4/26/2023)(bw) (Entered: 04/27/2023)
4/26/2023DISMISSAL OF COUNTS on Government Motion as to Andrew Badolato (3) Count 2. (bw) (Entered: 04/27/2023)
4/26/2023DISMISSAL OF COUNTS on Government Motion as to Brian Kolfage (1) Count 2. (bw) (Entered: 04/27/2023)
4/26/2023Minute Entry for proceedings held before Judge Analisa Torres: Sentencing held on 4/26/2023 for Brian Kolfage (1) Count 1 and Andrew Badolato (3) Count 1. Sentencing held for Brian Kolfage and Andrew Badolato. Defendant Kolfage present with attorneys Cesar de Castro and David DeStefano. Defendant Badolato present with attorney Kelly Kramer. AUSAs Robert Sobelman and Derek Wikstrom present for the Government. Court reporter present. Defendant Kolfage is sentenced to 51 months' imprisonment on Count 1 of 20 Cr. 412 and Counts 1 to 3 of 22 Cr. 201, and Defendant Badolato is sentenced to 36 months' imprisonment on Count 1 of 20 Cr. 412, for the reasons stated on the record. All outstanding counts are dismissed by motion of the Government. (lnl) (Entered: 04/27/2023)
4/25/2023Set/Reset Hearings as to Timothy Shea (4): Sentencing set for 6/13/2023 at 10:00 AM before Judge Analisa Torres. (bw) (Entered: 04/25/2023)
4/25/2023ENDORSED LETTER as to Brian Kolfage (1), Andrew Badolato (3), Timothy Shea (4), addressed to Judge Analisa Torres from Attorney Thomas H. Nooter, Attorney for Defendant Shea, dated April 24, 2023 re: I represent Timothy Shea, one of the defendants in this case, having been appointed after trial but before sentence to replace the late Mr. John Meringolo. I am writing again with great reluctance to request a postponement of the sentencing hearing date for Mr. Shea alone for a month or so, due to a new development in my health problems. ENDORSEMENT: GRANTED. The sentencing for Defendant Timothy Shea, scheduled for April 26, 2023, is ADJOURNED to June 13, 2023, at 10:00 a.m. The sentencings for Defendants Brian Kolfage and Andrew Badolato will proceed as scheduled on April 26, 2023. SO ORDERED. (Signed by Judge Analisa Torres on 4/25/2023)(bw) (Entered: 04/25/2023)
4/24/2023THIRD LETTER MOTION addressed to Judge Analisa Torres from Thomas H. Nooter dated April 24, 2023 re: Postponement of Sentence date ON CONSENT for Defendant Shea alone. Document filed by Timothy Shea. (Nooter, Thomas) (Entered: 04/24/2023)
4/21/2023383SEALED DOCUMENT placed in vault. (jus) (Entered: 04/21/2023)
4/20/2023382SEALED DOCUMENT placed in vault. (nmo) (Entered: 04/20/2023)
4/19/2023SENTENCING SUBMISSION by USA as to Brian Kolfage, Andrew Badolato, Timothy Shea. (Attachments: # 1 Exhibit A - Letter from BOP)(Wikstrom, Derek) (Entered: 04/19/2023)
4/14/2023SENTENCING SUBMISSION by Timothy Shea. (Attachments: # 1 Exhibit B Letter, # 2 Exhibit C Letter, # 3 Exhibit D Letter, # 4 Exhibit E Letter, # 5 Exhibit F Letter, # 6 Exhibit G Letter, # 7 Exhibit H Letter, # 8 Exhibit I Letter)(Nooter, Thomas) (Entered: 04/14/2023)
4/14/2023REDACTION byAndrew Badolato to 374 MOTION to Seal Document Sensitive Portions of Sentencing Memorandum and Exhibits. filed by Andrew Badolato (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X)(Kramer, Kelly) (Entered: 04/14/2023)
4/14/2023MEMO ENDORSEMENT as to Andrew Badolato (3) granting 377 MOTION to Seal Document 375 Redacted Document. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 4/14/2023) (ap) (Entered: 04/14/2023)
4/13/2023 MOTION to Seal Document 375 Redacted Document,, . Document filed by Andrew Badolato. (Kramer, Kelly) (Entered: 04/13/2023)
4/13/2023MEMO ENDORSEMENT as to Andrew Badolato (3) granting 374 MOTION to Seal Document Sensitive Portions of Sentencing Memorandum and Exhibits. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 4/13/2023) (ap) (Entered: 04/13/2023)
4/12/2023REDACTION byAndrew Badolato to 374 MOTION to Seal Document Sensitive Portions of Sentencing Memorandum and Exhibits. filed by Andrew Badolato (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X)(Kramer, Kelly) (Entered: 04/12/2023)
4/12/2023 MOTION to Seal Document Sensitive Portions of Sentencing Memorandum and Exhibits. Document filed by Andrew Badolato. (Kramer, Kelly) (Entered: 04/12/2023)
4/12/2023SENTENCING SUBMISSION by Brian Kolfage. (Attachments: # 1 Exhibit A - Letters in Support, # 2 Exhibit B - Air Force Magazine Article)(De Castro, Cesar) (Entered: 04/12/2023)
4/12/2023SENTENCING SUBMISSION by Timothy Shea. (Attachments: # 1 Exhibit A Letter from Defendant)(Nooter, Thomas) (Entered: 04/12/2023)
4/11/2023MEMO ENDORSEMENT as to Timothy Shea (4) denying 370 LETTER MOTION addressed to Judge Analisa Torres from Thomas Hamilton Nooter dated April 10, 2023 re: Postponement of Sentence Hearing date until mid-June, 2023 with no objection by the government. ENDORSEMENT: DENIED. Sentencing will proceed as scheduled on April 26, 2023, at 11:00 a.m. The parties are reminded that Defendants' sentencing submissions are due two weeks before sentencing, or April 12, 2023, and the Government's sentencing submissions are due one week before sentencing, or April 19, 2023. See ECF Nos. 258, 324, 358.. (Signed by Judge Analisa Torres on 4/11/2023) (ap) (Entered: 04/11/2023)
4/10/2023 LETTER MOTION addressed to Judge Analisa Torres from Thomas Hamilton Nooter dated April 10, 2023 re: Postponement of Sentence Hearing date until mid-June, 2023 with no objection by the government. Document filed by Timothy Shea. (Nooter, Thomas) (Entered: 04/10/2023)
3/30/2023MEMO ENDORSEMENT 365 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated March 29, 2023 re: Permission to Travel as to Brian Kolfage....ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Analisa Torres on 3/30/2023) (jw) (Entered: 03/30/2023)
3/29/2023 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated March 29, 2023 re: Permission to Travel . Document filed by Brian Kolfage. (De Castro, Cesar) (Entered: 03/29/2023)
2/6/2023MEMO ENDORSEMENT as to Brian Kolfage, Andrew Badolato on 363 LETTER by USA as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres dated February 3, 2023 re: Sentencing dates. ENDORSEMENT: The sentencing scheduled for March 1, 2023 is ADJOURNED to April 26, 2023, at 11:00 a.m. SO ORDERED. (Sentencing set for 4/26/2023 at 11:00 AM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 2/6/2026) (lnl) (Entered: 02/06/2023)
2/3/2023 LETTER by USA as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres dated February 3, 2023 re: Sentencing dates Document filed by USA. (Wikstrom, Derek) (Entered: 02/03/2023)
1/24/2023LETTER RESPONSE to Motion by USA as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres dated January 24, 2023 re: 360 SECOND LETTER MOTION addressed to Judge Analisa Torres from Thomas H. Nooter dated January 16, 2023 re: Reset date for sentence as per request of co-counsel, prior to May 1st or after May 31st.. (Wikstrom, Derek) (Entered: 01/24/2023)
1/20/2023ORDER as to Brian Kolfage, Andrew Badolato, Timothy Shea: The Court has reviewed Defendants Brian Kolfage's and Timothy Shea's letters dated January 13 and 16, 2023. ECF Nos. 35960. Defendants request that the Court adjourn the sentencings scheduled for March 1, 2023. Id. By January 24, 2023, the Government shall inform the Court of its position on Defendants request, if any, and its availability. (Responses due by 1/24/2023) (Signed by Judge Analisa Torres on 1/20/2023) (ap) (Entered: 01/20/2023)
1/16/2023SECOND LETTER MOTION addressed to Judge Analisa Torres from Thomas H. Nooter dated January 16, 2023 re: Reset date for sentence as per request of co-counsel, prior to May 1st or after May 31st. Document filed by Timothy Shea. (Nooter, Thomas) (Entered: 01/16/2023)
1/13/2023 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated January 13, 2023 re: Adjourn Sentencing . Document filed by Brian Kolfage. (De Castro, Cesar) (Entered: 01/13/2023)
1/4/2023Set/Reset Deadlines/Hearings as to Brian Kolfage, Andrew Badolato, Timothy Shea: Sentencing set for 3/1/2023 at 11:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres (jw) (Entered: 01/04/2023)
1/4/2023ORDER 356 The Court has reviewed Defendant Timothy Shea's letter dated January 3, 2023. See ECF No. 356. Accordingly, the sentencings for Defendants Brian Kolfage, Andrew Badolato, and Timothy Shea scheduled for January 31, 2023, are ADJOURNED to March 1, 2023, at 11:00 a.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. Defendants' sentencing submissions are due two weeks before sentencing. The Government's sentencing submissions are due one week before sentencing (Signed by Judge Analisa Torres on 1/4/2023) (jw) (Entered: 01/04/2023)
1/3/2023ORDER 330 Motion to Set Aside Verdict as to Timothy Shea. For the reasons stated above, Defendant's motion is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 330 (Signed by Judge Analisa Torres on 1/3/23) (jw) (Entered: 01/03/2023)
1/3/2023FIRST LETTER MOTION addressed to Judge Analisa Torres from Thomas H. Nooter dated January 3, 2023 re: Adjournment of Sentencing Hearing until late February or early March, 2023. Document filed by Timothy Shea. (Nooter, Thomas) (Entered: 01/03/2023)
11/30/2022ORDER as to Timothy Shea: Defendant's motion is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 332. (Signed by Judge Analisa Torres on 11/30/2022) (See ORDER set forth) (ap) (Entered: 11/30/2022)
11/23/2022MEMORANDUM in Opposition by USA as to Timothy Shea re 330 MOTION to Set Aside Verdict .. (Wikstrom, Derek) (Entered: 11/23/2022)
11/22/2022ORDER as to Timothy Shea: The C.J.A. attorney assigned to receive cases on November 21, 2022, Thomas H. Nooter, is hereby ordered to assume representation of the defendant in the above captioned matter, nunc pro tunc November 21, 2022. (Added attorney Thomas Hamilton Nooter for Timothy Shea) (Signed by Judge Analisa Torres on 11/22/2022) (lnl) (Entered: 11/28/2022)
11/21/2022FINAL ORDER OF FORFEITURE as to (20-Cr-412-1) Brian Kolfage. WHEREAS, on or about April 22, 2022, this Court entered a Consent Preliminary Order of Forfeiture as to Specific Property/ Money Judgment (D.E. 180) (the "First Preliminary Order"), which ordered the forfeiture to the United States of all right, title and interest of BRIAN KOLFAGE (the "Defendant") in the following property: a) $1,371,418 contained in the Capital One account number 3027095806, held in the name of WeBuildtheWall, Inc. (the "Capital One Account"); (the "Specific Property-1"); WHEREAS, on or about September 6, 2022, this Court entered a Second Consent Preliminary Order of Forfeiture as to Specific Property (D.E. 275) (the "Second Preliminary Order", together with the First Preliminary Order, the "Forfeiture Orders"), which ordered the forfeiture to the United States of all right, title and interest of BRIAN KOLFAGE (the "Defendant") in the following property:...[*** See this Final Order Of Forfeiture ***]... NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. All right, title and interest in the Specific Properties is hereby forfeited and vested in the United States of America, and shall be disposed of according to law. 2. Pursuant to Title 21, United States Code, Section 853(n)(7) the United States of America shall and is hereby deemed to have clear title to the Specific Properties. 3. The United States Marshals Service (or its designee) shall take possession of the Specific Properties and dispose of the same according to law, in accordance with Title 21, United States Code, Section 853(h). SO ORDERED: (Signed by Judge Analisa Torres on 11/21/2022)(bw) (Entered: 11/21/2022)
11/18/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 10/28/2022 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: 11/18/2022)
11/18/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 10/28/2022 before Judge Analisa Torres. 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 12/9/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/16/2023. (McGuirk, Kelly) (Entered: 11/18/2022)
11/18/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 10/27/2022 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: 11/18/2022)
11/18/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 10/27/2022 before Judge Analisa Torres. 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 12/9/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/16/2023. (McGuirk, Kelly) (Entered: 11/18/2022)
11/18/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 10/26/2022 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: 11/18/2022)
11/18/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 10/26/2022 before Judge Analisa Torres. 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 12/9/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/16/2023. (McGuirk, Kelly) (Entered: 11/18/2022)
11/18/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 10/25/2022 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: 11/18/2022)
11/18/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 10/25/2022 before Judge Analisa Torres. 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 12/9/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/16/2023. (McGuirk, Kelly) (Entered: 11/18/2022)
11/18/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 10/24/2022 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: 11/18/2022)
11/18/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 10/24/2022 before Judge Analisa Torres. 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 12/9/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/16/2023. (McGuirk, Kelly) (Entered: 11/18/2022)
11/17/2022DECLARATION of AUSA Robert B. Sobelman in Support by USA as to Brian Kolfage re: 339 LETTER MOTION addressed to Judge Analisa Torres from AUSA Robert B. Sobelman dated November 17, 2022 re: Final Order of Forfeiture .. (Sobelman, Robert) (Entered: 11/17/2022)
11/17/2022 LETTER MOTION addressed to Judge Analisa Torres from AUSA Robert B. Sobelman dated November 17, 2022 re: Final Order of Forfeiture . Document filed by USA as to Brian Kolfage. (Attachments: # 1 Text of Proposed Order Final Order of Forfeiture)(Sobelman, Robert) (Entered: 11/17/2022)
11/17/2022SERVICE BY PUBLICATION as to Brian Kolfage. A Notice of Criminal Forfeiture was published in the www.forfeiture.gov on September 16, 2022 through October 15, 2022. Document filed by USA as to Brian Kolfage. (Sobelman, Robert) (Entered: 11/17/2022)
11/17/2022SERVICE BY PUBLICATION as to Brian Kolfage. A Notice of Criminal Forfeiture was published in the www.forfeiture.gov on September 13, 2022 through October 12, 2022. Document filed by USA as to Brian Kolfage. (Sobelman, Robert) (Entered: 11/17/2022)
11/15/2022LETTER RESPONSE in Opposition by USA as to Timothy Shea addressed to Judge Analisa Torres dated November 15, 2022 re: 332 LETTER MOTION addressed to Judge Analisa Torres from John Meringolo dated November 14, 2022 re: 326 Letter re: Requesting that the Juror and Person-1 Be Questioned .. (Wikstrom, Derek) (Entered: 11/15/2022)
11/15/2022MEMO ENDORSEMENT granting 334 LETTER MOTION re: 334 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated November 14, 2022 re: Travel Request. We respectfully write to request permission for Mr. Shea to travel outside his district to his sister-in-law's home in Farmington, New Mexico for the Thanksgiving holiday. He requests permission to stay there with his family from Wednesday, November 23rd to Saturday, November 26th.....ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Analisa Torres on 11/15/22) (jw) (Entered: 11/15/2022)
11/14/2022 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated November 14, 2022 re: Travel Request . Document filed by Timothy Shea. (Meringolo, John) (Entered: 11/14/2022)
11/14/2022ORDER as to Timothy Shea. The Court has reviewed Defendants letter dated November 14, 2022. ECF No. 332. By November 16, 2022, the Government shall file a letter stating its position (Government due by 11/16/2022) (Signed by Judge Analisa Torres on 11/14/22)(jw) (Entered: 11/14/2022)
11/14/2022 LETTER MOTION addressed to Judge Analisa Torres from John Meringolo dated November 14, 2022 re: 326 Letter re: Requesting that the Juror and Person-1 Be Questioned . Document filed by Timothy Shea. (Meringolo, John) (Entered: 11/14/2022)
11/11/2022MEMORANDUM in Support by Timothy Shea re 330 MOTION to Set Aside Verdict .. (Meringolo, John) (Entered: 11/11/2022)
11/11/2022 MOTION to Set Aside Verdict . Document filed by Timothy Shea. (Meringolo, John) (Entered: 11/11/2022)
11/10/2022MEMO ENDORSEMENT as to Brian Kolfage (1) granting 328 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated November 9, 2022 re: Permission to Travel. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 11/10/2022) (ap) (Entered: 11/10/2022)
11/9/2022 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated November 9, 2022 re: Permission to Travel . Document filed by Brian Kolfage. (De Castro, Cesar) (Entered: 11/09/2022)
11/3/2022327SEALED DOCUMENT placed in vault. (jus) (Entered: 11/03/2022)
11/3/2022 LETTER by USA as to Timothy Shea addressed to Judge Analisa Torres dated November 3, 2022 re: Communication re a Juror Document filed by USA. (Wikstrom, Derek) (Entered: 11/03/2022)
11/2/2022CONSENT LETTER MOTION addressed to Judge Analisa Torres dated November 2, 2022 re: Proposed Sealed Protective Order . Document filed by USA as to Brian Kolfage, Andrew Badolato. (Attachments: # 1 Text of Proposed Order Proposed Sealed Protective Order)(Sobelman, Robert) (Entered: 11/02/2022)
10/31/2022ORDER as to Brian Kolfage, Andrew Badolato. The sentencings for Defendants Brian Kolfage and Andrew Badolato scheduled for December 14, 2022, are ADJOURNED to January 31, 2023, at 1:00 p.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. Defendants' sentencing submissions are due two weeks before sentencing. The Government's sentencing submissions are due one week before sentencing (Sentencing set for 1/31/2023 at 01:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 10/31/22)(jw) (Entered: 10/31/2022)
10/28/2022JURY VERDICT as to Timothy Shea (4) Guilty on Count 1ss,2ss,3ss. (jbo) (Entered: 10/31/2022)
10/28/2022Minute Entry for proceedings held before Judge Analisa Torres: Jury Trial as to Timothy Shea held on 10/28/2022. Jury trial completed. Defendant present with attorneys John C. Meringolo, Anjelica Cappelino, and Clara Kalhous. AUSAs Mollie Bracewell, Robert Sobelman, and Derek Wikstrom present for the Government. Court reporter present. Defendant found guilty on Counts One, Two, and Three of the Superseding Indictment. Sentencing scheduled for January 31, 2023, at 1:00 p.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. Defendant's sentencing submission is due two weeks before sentencing. Government's sentencing submission is due one week before sentencing. (Sentencing set for 1/31/2023 at 01:00 PM before Judge Analisa Torres.) (jbo) (Entered: 10/31/2022)
10/28/2022323SEALED DOCUMENT placed in vault. (jus) (Entered: 10/28/2022)
10/27/2022Minute Entry for proceedings held before Judge Analisa Torres: Jury Trial as to Timothy Shea held on 10/27/2022. Jury Trial held on 10/27/2022 as to Timothy Shea. Jury began deliberations. Defendant present with attorneys John C. Meringolo, Anjelica Cappelino, and Clara Kalhous. AUSAs Mollie Bracewell, Robert Sobelman, and Derek Wikstrom present for the Government. Court reporter present. (ap) (Entered: 10/28/2022)
10/26/2022Minute Entry for proceedings held before Judge Analisa Torres: Jury Trial as to Timothy Shea held on 10/26/2022. Defendant present with attorneys John C. Meringolo, Anjelica Cappelino, and Clara Kalhous. AUSAs Mollie Bracewell, Robert Sobelman, and Derek Wikstrom present for the Government. Court reporter present. (ap) Modified on 10/28/2022 (ap). (Entered: 10/28/2022)
10/26/2022 LETTER by Timothy Shea addressed to Judge Analisa Torres from John Meringolo dated October 26, 2022 re: Defense stipulations and exhibits (Meringolo, John) (Entered: 10/26/2022)
10/25/2022Minute Entry for proceedings held before Judge Analisa Torres:Jury Trial as to Timothy Shea held on 10/25/2022. Defendant present with attorneys John C. Meringolo, Anjelica Cappelino, and Clara Kalhous. AUSAs Mollie Bracewell, Robert Sobelman, and Derek Wikstrom present for the Government. Court reporter present. (jw) (Entered: 10/26/2022)
10/25/2022ORDER PERMITTING REMOTE TESTIMONY BY DANIEL GORDON as to (S2 20-Cr-412) Timothy Shea. On the motion of the United States of America, by the United States Attorney for the Southern District of New York, Damian Williams, by Assistant United States Attorneys Mollie Bracewell, Robert B. Sobelman, and Derek Wikstrom (Dkt. No. 317), and with the consent of the defendant, TIMOTHY SHEA, through his counsel, John Meringolo, Esq.: WHEREAS, the Government intends to call Daniel Gordon to testify in the Government's case-in-chief at the trial that commenced yesterday, October 24, 2022; WHEREAS, the Government has made good-faith and reasonable efforts to obtain Mr. Gordon's presence and is unable to do so because Mr. Gordon is experiencing ongoing cold-like symptoms that are consistent with COVID-19 symptoms and therefore is unable to enter the courthouse in light of those symptoms, resulting in exceptional circumstances that have rendered him unavailable to testify in-person at trial; WHEREAS, the courthouse's COVID-19 protocols are essential to protective the safety and health of the trial participants, including the jury, as well as members of the public who attend court proceedings and the ongoing administration of justice in the courthouse; WHEREAS, the Government's case-in-chief is anticipated to last approximately two trial days, rendering Mr. Gordon unavailable to testify in-person before the close of the Government's case-in-chief; WHEREAS, Mr. Gordon's testimony is material to the issues being tried in this case; WHEREAS, it is in the interests of justice to permit Mr. Gordon to testify by two-way video, see United States v. Gigante, 166 F.3d 75, 81 (2d Cir. 1999), and permitting Mr. Gordon's testimony by such means because it is necessary to further an important public policy and the reliability of the testimony is otherwise assured, see Maryland v. Craig, 497 U.S. 836 (1990); WHEREAS, the defendant, TIMOTHY SHEA, through his counsel, consents to the Government's request to permit Mr. Gordon to testify remotely; NOW, THEREFORE, IT IS HEREBY ORDERED, that Mr. Gordon shall be permitted to testify remotely by two-way video in the trial in this matter. SO ORDERED: (Signed by Judge Analisa Torres on 10/25/2022)(bw) (Entered: 10/26/2022)
10/25/2022 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated October 25, 2022 re: Remote Testimony . Document filed by Timothy Shea. (Meringolo, John) (Entered: 10/25/2022)
10/25/2022CONSENT LETTER MOTION addressed to Judge Analisa Torres from AUSA Mollie Bracewell dated 10/25/2022 re: Proposed Order . Document filed by USA as to Timothy Shea. (Attachments: # 1 Text of Proposed Order Order re Remote Testimony)(Bracewell, Mary) (Entered: 10/25/2022)
10/25/2022 LETTER MOTION addressed to Judge Analisa Torres dated October 25, 2022 re: Allocution re Witness's Fifth Amendment Right . Document filed by USA as to Timothy Shea. (Wikstrom, Derek) (Entered: 10/25/2022)
10/24/2022Minute Entry for proceedings held before Judge Analisa Torres:Voir Dire held on 10/24/2022 as to Timothy Shea. Defendant present with attorneys John C. Meringolo, Anjelica Cappelino, and Clara Kalhous. AUSAs Mollie Bracewell, Robert Sobelman, and Derek Wikstrom present for the Government. Court reporter present (jw) (Entered: 10/26/2022)
10/24/2022 LETTER MOTION addressed to Judge Analisa Torres from AUSA Mollie Bracewell dated 10/24/2022 re: Remote Testimony . Document filed by USA as to Timothy Shea. (Bracewell, Mary) (Entered: 10/24/2022)
10/24/2022316SEALED DOCUMENT placed in vault. (nmo) (Entered: 10/24/2022)
10/24/2022ORDER as to (20-Cr-412-4) Timothy Shea. On October 18, 2022, Defendant served the New York County District Attorney's Office ("DANY") with a subpoena (the "Subpoena") pursuant to Federal Rule of Criminal Procedure 17(c). ECF No. 303-1. The Subpoena calls for District Attorney Alvin Bragg to testify or produce "[a]ny and all exculpatory materials pursuant to Brady v. Maryland, 373 U.S. 83 (1963)[,] that relate[] to Timothy Shea, Stephen Bannon[,] and We Build the Wall, including but not limited to: grand jury testimony, witness interviews and notes, written communications such as emails, texts, and phone records, and law enforcement memoranda" in connection with a criminal matter pending in Supreme Court, New York County, titled People v. Bannon, IND-73554-22. ECF No. 303-1. Before the Court is DANY's letter motion dated October 21, 2022, to quash the Subpoena, ECF No. 303....[*** See this Order ***]... Accordingly, because Defendant has not satisfied the relevancy, admissibility, and specificity requirements set forth in Nixon and its progeny, DANY's motion to quash is GRANTED.(See Footnote 4 on this Order). The Clerk of Court is directed to terminate the motion at ECF No. 303. SO ORDERED. (Signed by Judge Analisa Torres on 10/23/2022)(bw) (Entered: 10/24/2022)
10/24/2022311SEALED DOCUMENT placed in vault. (nmo) (Entered: 10/24/2022)
10/23/2022 LETTER MOTION addressed to Judge Analisa Torres dated October 23, 2022 re: modifying protective order . Document filed by USA as to Timothy Shea. (Attachments: # 1 Text of Proposed Order Revised Protective Order)(Wikstrom, Derek) (Entered: 10/23/2022)
10/22/2022ORDER as to (20-Cr-412-4) Timothy Shea. By letter dated October 20, 2022, the Government informed the Court that it received materials related to Defendant from the New York County District Attorney's Office (the "DANY"). ECF No. 298 at 2....[*** See this Order ***]... The Government is directed to modify the Proposed Order such that: 1. Defendant's investigator and paralegal, but not "potential successor appellate counsel," shall be allowed to view or possess the Protected Material; 2. Defendant shall file under seal any submissions referencing the Protected Material and include a cover page on such submissions indicating that the filing references or describes Protected Material; and 3. The requirement that Defendant "seek the Court's permission" before filing or describing the Protected Material, see ECF No. 298-1 Paragraph 6, shall be deleted. Defendant cites no authority to support his request for additional discovery. Further, the additional discovery sought by Defendant is not covered by Federal Rule of Criminal Procedure 16(a), 18 U.S.C. § 3500, or Brady v. Maryland, 373 U.S. 83 (1963). Accordingly, the parties' requests are GRANTED in part and DENIED in part. SO ORDERED. (Signed by Judge Analisa Torres on 10/22/2022) (bw) (Entered: 10/24/2022)
10/22/2022ORDER as to (20-Cr-412-4) Timothy Shea. On October 21, 2022, the New York County District Attorney's Office ("DANY") filed a letter motion to quash a subpoena. ECF No. 303. By October 22, 2022, at 5:00 p.m., Defendant shall respond to the motion. In addition, by October 22, 2022, at 5:00 p.m., Defendant, the Government, and the DANY shall file letter briefs addressing whether the DANY can be added as an interested party in this action. SO ORDERED. (Signed by Judge Analisa Torres on 10/22/2022)(bw) (Entered: 10/24/2022)
10/22/2022ORDER as to (20-Cr-412-4) Timothy Shea. The Government is directed to advise the Court by October 23, 2022, at 12:00 p.m., as to whether the Government's filter team has received the state grand jury materials and produced those materials to counsel for Defendant. SO ORDERED. (Signed by Judge Analisa Torres on 10/22/2022)(bw) (Entered: 10/24/2022)
10/22/2022 LETTER by USA as to Timothy Shea addressed to Judge Analisa Torres dated October 22, 2022 re: Status of State Grand Jury Materials Document filed by USA. (Sobelman, Robert) (Entered: 10/22/2022)
10/22/2022LETTER RESPONSE in Opposition by Timothy Shea addressed to Judge Analisa Torres from Timothy Shea dated October 22, 2022 re: 303 MOTION to Quash Subpoena dated October 18, 2022.. (Meringolo, John) (Entered: 10/22/2022)
10/22/2022LETTER RESPONSE to Motion by Alvin L. Bragg, Jr as to Timothy Shea addressed to Judge Analisa Torres from Robin McCabe and Corey Shoock dated 10/22/22 re: 303 MOTION to Quash Subpoena dated October 18, 2022.. Brief in response to Court Order dated 10/22/22 re: interested party status. (McCabe, Robin) (Entered: 10/22/2022)
10/22/2022LETTER RESPONSE to Motion by USA as to Timothy Shea addressed to Judge Analisa Torres dated October 22, 2022 re: 303 MOTION to Quash Subpoena dated October 18, 2022.. (Wikstrom, Derek) (Entered: 10/22/2022)
10/22/2022LETTER RESPONSE in Support of Motion by USA as to Timothy Shea addressed to Judge Analisa Torres dated October 22, 2022 re: 298 LETTER MOTION addressed to Judge Analisa Torres dated October 20, 2022 re: Protective order for certain state grand jury materials . MOTION for Protective Order .. (Attachments: # 1 Text of Proposed Order Revised Proposed Protective Order)(Wikstrom, Derek) (Entered: 10/22/2022)
10/21/2022LETTER REPLY TO RESPONSE to Motion by USA as to Timothy Shea addressed to Judge Analisa Torres dated October 21, 2022 re 298 LETTER MOTION addressed to Judge Analisa Torres dated October 20, 2022 re: Protective order for certain state grand jury materials . MOTION for Protective Order .. (Attachments: # 1 Text of Proposed Order Protective Order)(Sobelman, Robert) (Entered: 10/21/2022)
10/21/2022 MOTION to Quash Subpoena dated October 18, 2022. Document filed by Alvin L. Bragg, Jr as to Timothy Shea. Return Date set for 10/24/2022 at 09:00 AM. (Attachments: # 1 Exhibit "A" - Subpoena dated October 18, 2022)(McCabe, Robin) (Entered: 10/21/2022)
10/21/2022NOTICE of Appearance for Interested Party Alvin L. Bragg, Jr., as District Attorney of New York County as to Timothy Shea (McCabe, Robin) (Entered: 10/21/2022)
10/21/2022NOTICE of Appearance for Interested Party Alvin L. Bragg, Jr., as District Attorney of New York County as to Timothy Shea (Shoock, Corey) (Entered: 10/21/2022)
10/21/2022LETTER RESPONSE to Motion by Timothy Shea addressed to Judge Analisa Torres from John Meringolo dated October 21, 2022 re: 298 LETTER MOTION addressed to Judge Analisa Torres dated October 20, 2022 re: Protective order for certain state grand jury materials . MOTION for Protective Order .. (Meringolo, John) (Entered: 10/21/2022)
10/20/2022ORDER as to Timothy Shea: On October 20, 2022, the Government filed a letter. ECF No. 298. Defendant shall file his response by October 21, 2022, at 12:00 p.m. SO ORDERED. (Responses due by 10/21/2022) (Signed by Judge Analisa Torres on 10/20/2022) (lnl) (Entered: 10/20/2022)
10/20/2022 LETTER MOTION addressed to Judge Analisa Torres dated October 20, 2022 re: Protective order for certain state grand jury materials ., MOTION for Protective Order . Document filed by USA as to Timothy Shea. (Attachments: # 1 Text of Proposed Order [Proposed] Protective Order)(Wikstrom, Derek) (Entered: 10/20/2022)
10/19/2022 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated October 19, 2022 re: Computer Use During Trial . Document filed by Timothy Shea. (Attachments: # 1 Text of Proposed Order Computer Request (Counsel), # 2 Text of Proposed Order Computer Request (Shea))(Meringolo, John) (Entered: 10/19/2022)
10/18/2022Minute Entry for proceedings held before Judge Analisa Torres: Pretrial Conference as to Timothy Shea held on 10/18/2022. Pretrial conference held for Defendant via videoconference. Defendant waived his right to an in-person appearance and consented to proceeding remotely on the record. Defendant present via video with defense counsel Anjelica Cappellino and Clara Kalhous present via video. AUSAs Robert Sobelman and Derek Wikstrom present for the Government via video. Court reporter present via audio. The Government's motions are GRANTED in part and DENIED in part for the reasons stated on the record. ECF Nos. 287, 292. The Defendant's motion is DENIED for the reasons stated on the record. ECF No. 294. (jbo) (Entered: 10/19/2022)
10/18/2022ORDER as to Timothy Shea: A pretrial conference is scheduled for October 18, 2022, at 5:30 p.m. The conference will use the Courts videoconferencing system. See In re Coronavirus/Covid-19 Pandemic, No. 20 Misc. 176 (S.D.N.Y. Apr. 6, 2022), ECF No. 9 (finding that the COVID-19 pandemic make[s] it necessary for the judges in this District to be able to continue to conduct proceedings remotely). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others may participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827. SO ORDERED. (Pretrial Conference set for 10/18/2022 at 05:30 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 10/18/2022) (lnl) (Entered: 10/18/2022)
10/18/2022LETTER RESPONSE in Opposition by Timothy Shea addressed to Judge Analisa Torres from Timothy Shea dated October 18, 2022 re: 292 LETTER MOTION addressed to Judge Analisa Torres dated October 17, 2022 re: Admitting stipulations and admitting self-authenticating business records . MOTION in Limine .. (Meringolo, John) (Entered: 10/18/2022)
10/18/2022 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated October 18, 2022 re: Order Compelling Brady . Document filed by Timothy Shea. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Meringolo, John) (Entered: 10/18/2022)
10/18/2022ORDER as to Timothy Shea: On October 17, 2022, the Government filed a letter motion in limine. ECF No. 292. Accordingly, by October 19, 2022, at 12:00 p.m., Defendant shall file an opposition letter.SO ORDERED. (Responses due by 10/19/2022) (Signed by Judge Analisa Torres on 10/18/2022) (lnl) (Entered: 10/18/2022)
10/17/2022 LETTER MOTION addressed to Judge Analisa Torres dated October 17, 2022 re: Admitting stipulations and admitting self-authenticating business records ., MOTION in Limine . Document filed by USA as to Timothy Shea. (Attachments: # 1 Exhibit May 2022 Stipulations)(Wikstrom, Derek) (Entered: 10/17/2022)
10/17/2022LETTER REPLY TO RESPONSE to Motion by USA as to Timothy Shea addressed to Judge Analisa Torres dated October 17, 2022 re 287 LETTER MOTION addressed to Judge Analisa Torres dated October 13, 2022 re: limiting scope of cross-examination . MOTION in Limine .. (Wikstrom, Derek) (Entered: 10/17/2022)
10/17/2022LETTER RESPONSE in Opposition by Timothy Shea addressed to Judge Analisa Torres from Timothy Shea dated October 17, 2022 re: 287 LETTER MOTION addressed to Judge Analisa Torres dated October 13, 2022 re: limiting scope of cross-examination . MOTION in Limine .. (Meringolo, John) (Entered: 10/17/2022)
10/14/2022289SEALED DOCUMENT placed in vault. (nmo) (Entered: 10/14/2022)
10/13/2022ORDER as to Timothy Shea. On October 13, 2022, the Government filed a letter motion in limine. ECF No. 287. Accordingly, by October 17, 2022, at 12 p.m., Defendant shall file an opposition letter. (Defendant due by 10/17/2022) (Signed by Judge Analisa Torres on 10/13/22)(jw) (Entered: 10/13/2022)
10/13/2022 LETTER MOTION addressed to Judge Analisa Torres dated October 13, 2022 re: limiting scope of cross-examination ., MOTION in Limine . Document filed by USA as to Timothy Shea. (Wikstrom, Derek) (Entered: 10/13/2022)
10/12/2022Minute Entry for proceedings held before Judge Analisa Torres: Pretrial Conference as to Timothy Shea held on 10/12/2022. Final pretrial conference held for Defendant Timothy Shea via videoconference. Defendant waived his right to an in-person appearance and consented to proceeding remotely on the record. Defendant present via video with defense counsel John Meringolo, Anjelica Cappellino, and Clara Kalhous present via audio. AUSA Robert Sobelman present for the Government via video. Court reporter present via audio. The Government's motions in limine are GRANTED in part and DENIED in part for the reasons stated on the record. Trial shall begin on October 24, 2022, at 9:00 a.m., in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. (Jury Trial set for 10/24/2022 at 09:00 AM before Judge Analisa Torres.) (jbo) (Entered: 10/13/2022)
10/4/2022MEMO ENDORSEMENT granting 285 LETTER MOTION filed by USA as to Timothy Shea (4), addressed to Judge Analisa Torres dated October 2, 2022 re: Exclusion of Time Under the Speedy Trial Act. The Government respectfully submits this letter to request that time be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), from October 3, 2022 (see Dkt. No. 235), until October 24, 2022 (see Dkt. No. 283, at 15), to permit the defendant adequate time to prepare for retrial of the case. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 10/4/2022) (bw) (Entered: 10/04/2022)
10/2/2022 LETTER MOTION addressed to Judge Analisa Torres dated October 2, 2022 re: Exclusion of Time Under the Speedy Trial Act . Document filed by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 10/02/2022)
9/28/2022ORDER as to Timothy Shea: The final pretrial conference for Defendant Shea scheduled for October 19, 2022, is RESCHEDULED to October 12, 2022, at 1:00 p.m. The conference will use the Court's videoconferencing system. See In re Coronavirus/Covid-19 Pandemic, No. 20 Misc. 176 (S.D.N.Y. Apr. 6, 2022), ECF No. 9 (finding that the COVID-19 pandemic "make[s] it necessary for the judges in this District to be able to continue to conduct proceedings remotely"). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others may participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827. (Pretrial Conference set for 10/12/2022 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 9/28/2022) (ap) (Entered: 09/28/2022)
9/19/2022ORDER 281 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated September 14, 2022 re: Trial Adjournment. Defendant, Timothy Shea, moves1 for an order (1) transferring the venue of this action to the District of Colorado, ECF No. 267; (2) suppressing certain evidence produced by the Government on August 19, 2022, or, in the alternative, granting a trial continuance, ECF No. 269; (3) disqualifying Assistant United States Attorney (AUSA) Robert Sobelman from participating in Sheas retrial, which is scheduled to commence on October 24, 2022, ECF No. 271; and (4) adjourning trial because of a scheduling conflict created by defense counsel, ECF No. 281. For the reasons stated below, Sheas motions are DENIED(Signed by Judge Analisa Torres on 9/19/22) (jw) (Entered: 09/19/2022)
9/18/2022LETTER RESPONSE in Opposition by USA as to Timothy Shea addressed to Judge Analisa Torres dated September 18, 2022 re: 281 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated September 14, 2022 re: Trial Adjournment .. (Wikstrom, Derek) (Entered: 09/18/2022)
9/14/2022 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated September 14, 2022 re: Trial Adjournment . Document filed by Timothy Shea. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Meringolo, John) (Entered: 09/14/2022)
9/13/2022LETTER REPLY TO RESPONSE to Motion by USA as to Timothy Shea addressed to Judge Analisa Torres dated September 13, 2022 re 266 LETTER MOTION addressed to Judge Analisa Torres dated August 22, 2022 re: Supplemental Motion in Limine .. (Wikstrom, Derek) (Entered: 09/13/2022)
9/13/2022 RESPONSE in Support of Motion by Timothy Shea re: 267 MOTION to Change Venue .. (Meringolo, John) (Entered: 09/13/2022)
9/12/2022NOTICE OF ATTORNEY APPEARANCE Derek Wikstrom appearing for USA. (Wikstrom, Derek) (Entered: 09/12/2022)
9/7/2022MEMORANDUM in Opposition by USA as to Timothy Shea re 271 MOTION to Disqualify Counsel ., 267 MOTION to Change Venue ., 269 MOTION to Continue Trial Date. MOTION to Suppress Evidence.. (Attachments: # 1 Exhibit 1)(Sobelman, Robert) (Entered: 09/07/2022)
9/7/2022MEMORANDUM in Opposition by Timothy Shea re 266 LETTER MOTION addressed to Judge Analisa Torres dated August 22, 2022 re: Supplemental Motion in Limine .. (Meringolo, John) (Entered: 09/07/2022)
9/6/2022SECOND CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY as to Brian Kolfage. (Signed by Judge Analisa Torres on 9/6/2022)(ap) (Entered: 09/06/2022)
8/24/2022Set/Reset Deadlines/Hearings as to Timothy Shea: Government Responses due by 9/7/2022. (jw) (Entered: 08/24/2022)
8/24/2022MEMO ENDORSEMENT 273 LETTER MOTION addressed to Judge Analisa Torres dated August 24, 2022 re: Proposed Response Deadline for the Defendant's Pretrial Motions....ENDORSEMENT...Granted (Signed by Judge Analisa Torres on 8/24/22) (jw) (Entered: 08/24/2022)
8/24/2022 LETTER MOTION addressed to Judge Analisa Torres dated August 24, 2022 re: Proposed Response Deadline for the Defendant's Pretrial Motions . Document filed by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 08/24/2022)
8/22/2022MEMORANDUM in Support by Timothy Shea re 271 MOTION to Disqualify Counsel .. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Meringolo, John) (Entered: 08/22/2022)
8/22/2022 MOTION to Disqualify Counsel . Document filed by Timothy Shea. (Meringolo, John) (Entered: 08/22/2022)
8/22/2022MEMORANDUM in Support by Timothy Shea re 269 MOTION to Continue Trial Date. MOTION to Suppress Evidence.. (Meringolo, John) (Entered: 08/22/2022)
8/22/2022 MOTION to Continue Trial Date., MOTION to Suppress Evidence. Document filed by Timothy Shea. (Meringolo, John) (Entered: 08/22/2022)
8/22/2022MEMORANDUM in Support by Timothy Shea re 267 MOTION to Change Venue .. (Meringolo, John) (Entered: 08/22/2022)
8/22/2022 MOTION to Change Venue . Document filed by Timothy Shea. (Meringolo, John) (Entered: 08/22/2022)
8/22/2022 LETTER MOTION addressed to Judge Analisa Torres dated August 22, 2022 re: Supplemental Motion in Limine . Document filed by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 08/22/2022)
8/10/2022NOTICE OF ATTORNEY APPEARANCE Mary Elizabeth Bracewell appearing for USA. (Bracewell, Mary) (Entered: 08/10/2022)
8/10/2022Transmission to Sealed Records Clerk: as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. Transmitted re: 264 MEMO ENDORSEMENT, to the Sealed Records Clerk for the (Limited) unsealing of document(s). (bw) (Entered: 08/10/2022)
8/10/2022MEMO ENDORSEMENT granting 263 LETTER MOTION filed by We Build the Wall, Inc. as to Brian Kolfage (1), Stephen Bannon (2), Andrew Badolato (3), Timothy Shea (4), addressed to Judge Analisa Torres from Attorney Justin S. Weddle dated August 9, 2022 re: correct limited unsealing order.... With apologies for burdening the Court, I write to inform the Court that our request for limited unsealing contained a typographical error which resulted in us requesting the unsealing of one incorrect exhibit. Our letter of July 28, 2022 requested the unsealing of GX 1500, which contains bank records of White Knights, when it should have requested the unsealing of GX 1600, which contains bank records of We Build the Wall, Inc. Accordingly, we request that the Court endorse this letter to correct the unsealing order and make clear that the government is permitted to furnish GX 1600 to We Build the Wall, Inc., rather than GX 1500. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 8/10/2022) (bw) (Entered: 08/10/2022)
8/9/2022 LETTER MOTION addressed to Judge Analisa Torres from Justin S. Weddle dated August 9, 2022 re: correct limited unsealing order . Document filed by We Build the Wall, Inc. as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. (Weddle, Justin) (Entered: 08/09/2022)
8/9/2022Transmission to Sealed Records Clerk: as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. Transmitted re: 262 MEMO ENDORSEMENT, to the Sealed Records Clerk for the (Limited) Unsealing of document(s). (bw) (Entered: 08/09/2022)
8/9/2022MEMO ENDORSEMENT granting 261 LETTER MOTION addressed to Judge Analisa Torres from Attorney Justin Weddle, Counsel for non-party We Build the Wall, Inc., dated July 28, 2022 re: Limited Unsealing of Certain Trial Exhibits. I am writing with the consent of the government to request that the Court order the limited unsealing of certain trial exhibits in order to permit the government to furnish them to We Build the Wall, Inc. In particular, We Build the Wall seeks access to government exhibits 1000, 1200, 1500, and 1700, all of which contain We Built the Wall bank records. As noted above, the government consents to this limited unsealing. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 8/9/2022) (bw) (Entered: 08/09/2022)
7/28/2022 LETTER MOTION addressed to Judge Analisa Torres from Justin Weddle dated July 28, 2022 re: Limited Unsealing of Certain Trial Exhibits . Document filed by We Build the Wall, Inc. as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. (Weddle, Justin) (Entered: 07/28/2022)
7/14/2022ORDER as to Brian Kolfage, Andrew Badolato: The sentencing for Defendants Kolfage and Badolato scheduled for September 6, 2022, is ADJOURNED to December 14, 2022, at 3:00 p.m. The sentencing shall proceed in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. In light of the ongoing COVID-19 pandemic, all individuals seeking entry to 500 Pearl Street must complete a questionnaire before being allowed entry into the courthouse. To gain entry to 500 Pearl Street, follow the instructions provided here: https://www.nysd.uscourts.gov/covid-19-coronavirus. All individuals must practice social distancing at all times in the courthouse. Individuals must wear a N95, KN95, or KF95 mask that covers their nose and mouth at all times in the courthouse. Bandanas, gaiters, cloth masks, surgical masks, and masks with valves are not permitted. Defendants' sentencing submissions are due two weeks before sentencing. The Government's sentencing submissions are due one week before sentencing. SO ORDERED. (Sentencing set for 12/14/2022 at 03:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (Signed by Judge Analisa Torres on 7/14/2022) (lnl) (Entered: 07/14/2022)
6/15/2022***DELETED DOCUMENT. Deleted document number 250 Transcript as to Timothy Shea as per instructions from Court Reporters. (jw) (Entered: 06/15/2022)
6/14/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 6/7/22 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: 06/14/2022)
6/14/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 6/7/22 before Judge Analisa Torres. 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 7/5/2022. Redacted Transcript Deadline set for 7/15/2022. Release of Transcript Restriction set for 9/12/2022. (Moya, Goretti) (Entered: 06/14/2022)
6/14/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 6/6/22 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: 06/14/2022)
6/14/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 6/6/22 before Judge Analisa Torres. 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 7/5/2022. Redacted Transcript Deadline set for 7/15/2022. Release of Transcript Restriction set for 9/12/2022. (Moya, Goretti) (Entered: 06/14/2022)
6/14/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 6/3/22 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: 06/14/2022)
6/14/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 6/3/22 before Judge Analisa Torres. 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 7/5/2022. Redacted Transcript Deadline set for 7/15/2022. Release of Transcript Restriction set for 9/12/2022. (Moya, Goretti) (Entered: 06/14/2022)
6/14/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 6/2/22 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: 06/14/2022)
6/14/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 6/2/22 before Judge Analisa Torres. 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 7/5/2022. Redacted Transcript Deadline set for 7/15/2022. Release of Transcript Restriction set for 9/12/2022. (Moya, Goretti) (Entered: 06/14/2022)
6/14/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 6/1/22 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: 06/14/2022)
6/14/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 6/1/22 before Judge Analisa Torres. 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 7/5/2022. Redacted Transcript Deadline set for 7/15/2022. Release of Transcript Restriction set for 9/12/2022. (Moya, Goretti) (Entered: 06/14/2022)
6/14/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 5/31/22 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: 06/14/2022)
6/14/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 5/31/22 before Judge Analisa Torres. 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 7/5/2022. Redacted Transcript Deadline set for 7/15/2022. Release of Transcript Restriction set for 9/12/2022. (Moya, Goretti) (Entered: 06/14/2022)
6/14/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 5/26/22 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: 06/14/2022)
6/14/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 5/26/22 before Judge Analisa Torres. 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 7/5/2022. Redacted Transcript Deadline set for 7/15/2022. Release of Transcript Restriction set for 9/12/2022. (Moya, Goretti) (Entered: 06/14/2022)
6/14/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 5/25/22 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: 06/14/2022)
6/14/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 5/25/22 before Judge Analisa Torres. 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 7/5/2022. Redacted Transcript Deadline set for 7/15/2022. Release of Transcript Restriction set for 9/12/2022. (Moya, Goretti) (Entered: 06/14/2022)
6/14/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 5/24/22 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: 06/14/2022)
6/14/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 5/24/22 before Judge Analisa Torres. 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 7/5/2022. Redacted Transcript Deadline set for 7/15/2022. Release of Transcript Restriction set for 9/12/2022. (Moya, Goretti) (Entered: 06/14/2022)
6/14/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Trial proceeding held on 5/23/22 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: 06/14/2022)
6/14/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Trial held on 5/23/22 before Judge Analisa Torres. 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 7/5/2022. Redacted Transcript Deadline set for 7/15/2022. Release of Transcript Restriction set for 9/12/2022. (Moya, Goretti) (Entered: 06/14/2022)
6/9/2022ORDER as to Timothy Shea: Trial in this matter shall begin on October 24, 2022, in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. Accordingly, 1. The parties shall submit any additional motions in limine by August 22, 2022. Opposition papers are due by August 29, 2022. 2. The parties shall submit any proposed revisions to the voir dire questions, requests to charge, or verdict forms by August 22, 2022. For any proposed voir dire question, request to charge, or section of the verdict form on which the parties cannot agree, each party shall clearly set forth its proposal and briefly state why the Court should use that question, charge, or verdict form section, with citations to supporting authority. 3. The final pretrial conference shall occur on October 19, 2022, at 2:00 p.m. in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. SO ORDERED. (Motions due by 8/22/2022. Responses due by 8/29/2022. Pretrial Conference set for 10/19/2022 at 02:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 6/9/2022) (lnl) (Entered: 06/09/2022)
6/8/2022MEMO ENDORSEMENT as to Timothy Shea granting 234 LETTER MOTION addressed to Judge Analisa Torres dated June 7, 2022 re: Exclusion of Time Under the Speedy Trial Act. ENDORSEMENT: GRANTED. Time until October 3, 2022, is excluded under the Speedy Trial Act, 18 U.S.C. § 3161 (h)(7)(A). The Court finds that the ends of justice served by granting the exclusion outweigh the interests of the public and Defendant in a speedy trial because such an extension is necessary to permit the parties time to prepare for trial. SO ORDERED. (Time excluded from 6/8/2022 until 10/3/2022) (Signed by Judge Analisa Torres on 6/8/2022) (lnl) (Entered: 06/08/2022)
6/7/2022DECLARATION OF MISTRIAL as to Timothy Shea (4) Count 1s,1ss,1,2s,2ss,2,3s,3ss. (bw) (Entered: 06/08/2022)
6/7/2022 LETTER MOTION addressed to Judge Analisa Torres dated June 7, 2022 re: Exclusion of Time Under the Speedy Trial Act . Document filed by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 06/07/2022)
6/7/2022Minute Entry for proceedings held before Judge Analisa Torres: Jury Trial as to (20-Cr-412-4) Timothy Shea held on 6/7/2022. Jury trial held for Defendant Timothy Shea. Defendant present with attorney John C. Meringolo, and CJA attorneys Anjelica Cappelino and Clara Kalhous. AUSAs Nicolas Roos and Robert Sobelman present for the Government. Court reporter present. Jury was unable to reach a verdict. Court declared a mistrial. (bw) (Entered: 06/07/2022)
6/6/2022Minute Entry for proceedings held before Judge Analisa Torres: Jury Trial as to Timothy Shea held on 6/6/2022. Jury trial held for Defendant Timothy Shea. Jury continued deliberations. Defendant present with attorney John C. Meringolo, and CJA attorneys Anjelica Cappelino and Clara Kalhous. AUSAs Nicolas Roos and Robert Sobelman present for the Government. Court reporter present. (bw) (Entered: 06/07/2022)
6/3/2022Minute Entry for proceedings held before Judge Analisa Torres: Jury Trial as to Timothy Shea held on 6/3/2022. Jury trial held for Defendant Timothy Shea. Jury continued deliberations. Defendant present with attorney John C. Meringolo, and CJA attorneys Anjelica Cappelino and Clara Kalhous. AUSAs Nicolas Roos and Robert Sobelman present for the Government. Court reporter present. (bw) (Entered: 06/07/2022)
6/3/2022 LETTER MOTION addressed to Judge Analisa Torres from John Meringolo, Esq. dated June 3, 2022 re: Mistrial . Document filed by Timothy Shea. (Meringolo, John) (Entered: 06/03/2022)
6/2/2022Minute Entry for proceedings held before Judge Analisa Torres: Jury Trial as to Timothy Shea held on 6/2/2022. Jury continued deliberations. Defendant present with attorney John C. Meringolo, and CJA attorneys Anjelica Cappelino and Clara Kalhous. AUSAs Nicolas Roos and Robert Sobelman present for the Government. Court reporter present. (lnl) (Entered: 06/03/2022)
6/1/2022Minute Entry for proceedings held before Judge Analisa Torres:Jury Trial as to Timothy Shea held on 6/1/2022. Jury continued deliberations. Defendant present with attorney John C. Meringolo, and CJA attorneys Anjelica Cappelino and Clara Kalhous. AUSAs Nicolas Roos and Robert Sobelman present for the Government. Court reporter present. (lnl) (Entered: 06/03/2022)
5/31/2022Minute Entry for proceedings held before Judge Analisa Torres: Jury Trial as to Timothy Shea held on 5/31/2022. Defendant present with attorney John C. Meringolo, and CJA attorneys Anjelica Cappelino and Clara Kalhous. AUSAs Alison Moe, Nicolas Roos, and Robert Sobelman present for the Government. Court reporter present. (lnl) (Entered: 06/02/2022)
5/29/2022 LETTER by Timothy Shea addressed to Judge Analisa Torres from John Meringolo, Esq. dated May 29, 2022 re: Comments on the Court's Jury Charge (Meringolo, John) (Entered: 05/29/2022)
5/28/2022 LETTER MOTION addressed to Judge Analisa Torres dated May 28, 2022 re: Preclude Defense From Commenting in Summation on Government's Motivations and Treatment of Defendant . Document filed by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 05/28/2022)
5/26/2022 LETTER by USA as to Timothy Shea addressed to Judge Analisa Torres dated May 26, 2022 re: Defendant's Proposed "Idle Chatter" Instruction. Document filed by USA. (Moe, Alison) (Entered: 05/26/2022)
5/26/2022LETTER RESPONSE to Motion by Timothy Shea addressed to Judge Analisa Torres from John Meringolo, Esq. dated May 26, 2022 re: 227 LETTER MOTION addressed to Judge Analisa Torres dated May 26, 2022 re: Supplemental Jury Instructions .. (Meringolo, John) (Entered: 05/26/2022)
5/26/2022228SEALED DOCUMENT placed in vault. (nmo) (Entered: 05/26/2022)
5/26/2022Minute Entry for proceedings held before Judge Analisa Torres: Jury Trial as to Timothy Shea held on 5/26/2022. Defendant present with attorney John C. Meringolo, and CJA attorneys Anjelica Cappelino and Clara Kalhous. AUSAs Alison Moe, Nicolas Roos, and Robert Sobelman present for the Government. Court reporter present. (jbo) (Entered: 05/26/2022)
5/26/2022 LETTER MOTION addressed to Judge Analisa Torres dated May 26, 2022 re: Supplemental Jury Instructions . Document filed by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 05/26/2022)
5/25/2022Minute Entry for proceedings held before Judge Analisa Torres: Jury Trial as to Timothy Shea held on 5/25/2022. Defendant present with attorney John C. Meringolo, and CJA attorneys Anjelica Cappelino and Clara Kalhous. AUSAs Alison Moe, Nicolas Roos, and Robert Sobelman present for the Government. Court reporter present. (jbo) (Entered: 05/26/2022)
5/25/2022 LETTER MOTION addressed to Judge Analisa Torres from John Meringolo, Esq. dated May 25, 2022 re: Requesting that the Court exclude all evidence of the SBA loan application and use of proceeds . Document filed by Timothy Shea. (Meringolo, John) (Entered: 05/25/2022)
5/24/2022Minute Entry for proceedings held before Judge Analisa Torres: Jury Trial as to Timothy Shea held on 5/24/2022. Jury trial held for Defendant Timothy Shea. Defendant present with attorney John C. Meringolo, and CJA attorneys Anjelica Cappelino and Clara Kalhous. AUSAs Alison Moe, Nicolas Roos, and Robert Sobelman present for the Government. Court reporter present. (jbo) (Entered: 05/25/2022)
5/23/2022Minute Entry for proceedings held before Judge Analisa Torres: Voir Dire held on 5/23/2022 as to Timothy Shea. Defendant present with attorney John C. Meringolo, and CJA attorneys Anjelica Cappelino and Clara Kalhous. AUSAs Alison Moe, Nicolas Roos, and Robert Sobelman present for the Government. Court reporter present. (jw) (Entered: 05/24/2022)
5/20/2022WITNESS LIST by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 05/20/2022)
5/20/2022 LETTER by USA as to Timothy Shea addressed to Judge Analisa Torres dated May 20, 2022 re: Jury Charge and Verdict Form Document filed by USA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sobelman, Robert) (Entered: 05/20/2022)
5/20/2022ORDER as to Timothy Shea: The Court DENIES (1) the Government's motion with respect to Shea's providing notice of his defenses, and (2) Shea's motion, and RESERVES decision on the Government's motion with respect to the SBA Loan. (Signed by Judge Analisa Torres on 5/20/2022) (See ORDER set forth) (ap) (Entered: 05/20/2022)
5/19/2022 LETTER by We Build the Wall, Inc. as to Timothy Shea addressed to Judge Analisa Torres from Justin S. Weddle dated May 19, 2022 re: Potential Privilege Issue Document filed by We Build the Wall, Inc.. (Weddle, Justin) (Entered: 05/19/2022)
5/19/2022LETTER RESPONSE in Opposition by USA as to Timothy Shea addressed to Judge Analisa Torres from the Government dated May 19, 2022 re: 220 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated May 19, 2022 re: Motion to Exclude Government Expert .. (Roos, Nicolas) (Entered: 05/19/2022)
5/19/2022 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated May 19, 2022 re: Motion to Exclude Government Expert . Document filed by Timothy Shea. (Meringolo, John) (Entered: 05/19/2022)
5/18/2022 LETTER MOTION addressed to Judge Analisa Torres dated May 18, 2022 re: Order Directing Defendant to Provide Notice Regarding Potential Advice-of-Counsel Defense and In Limine Ruling Regarding Use of SBA Loan Proceeds . Document filed by USA as to Timothy Shea. (Attachments: # 1 Exhibit 1)(Sobelman, Robert) (Entered: 05/18/2022)
5/13/2022Request To Charge by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 05/13/2022)
5/13/2022MEMO ENDORSEMENT as to Timothy Shea (4) granting 216 CONSENT LETTER MOTION addressed to Judge Analisa Torres dated May 13, 2022 re: Exclusion of Time Under the Speedy Trial Act. ENDORSEMENT: GRANTED. Time until May 23, 2022, is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), because the ends of justice served by excluding such time outweigh the interests of the public and Defendant in a speedy trial in that this will allow adequate time for Defendant to prepare for trial. (Signed by Judge Analisa Torres on 5/13/2022) (ap) (Entered: 05/13/2022)
5/13/2022CONSENT LETTER MOTION addressed to Judge Analisa Torres dated May 13, 2022 re: Exclusion of Time Under the Speedy Trial Act . Document filed by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 05/13/2022)
5/12/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Timothy Shea. Notice is hereby given that an official transcript of a Conference proceeding held on 5/6/22 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: 05/12/2022)
5/12/2022TRANSCRIPT of Proceedings as to Timothy Shea re: Conference held on 5/6/22 before Judge Analisa Torres. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/10/2022. (Moya, Goretti) (Entered: 05/12/2022)
5/11/2022ORDER as to Timothy Shea: The trial scheduled to begin on May 16, 2022, is ADJOURNED to May 23, 2022, at 9:00 a.m. Trial shall proceed in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. (Jury Trial set for 5/23/2022 at 09:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (Signed by Judge Analisa Torres on 5/11/2022) (See ORDER set forth) (ap) (Entered: 05/11/2022)
5/10/2022212SEALED DOCUMENT placed in vault. (nmo) (Entered: 05/10/2022)
5/10/2022211SEALED DOCUMENT placed in vault. (nmo) (Entered: 05/10/2022)
5/6/2022ORAL ORDER as to Timothy Shea (4). Jury Trial set for 5/16/2022 at 09:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (bw) (Entered: 05/09/2022)
5/6/2022Minute Entry for proceedings held before Judge Analisa Torres: Pretrial Conference as to Timothy Shea (4) held on 5/6/2022. Final pretrial conference held for Defendant Timothy Shea via videoconference. Defendant waived his right to an in-person appearance and consented to proceeding remotely on the record. Defendant present via video with defense counsel John Meringolo and Anjelica Cappellino present via video and Clara Kalhous present via the public access line. AUSA Robert Sobelman present for the Government via video and AUSAs Alison Gainfort Moe and Nicolas Roos present for the Government via the public access line. Court reporter present via audio. The parties motion in limine are GRANTED in part and DENIED in part for the reasons stated on the record. Defendant shall produce his exhibits, witness list, and Rule 26.2 materials by May 11, 2022. Trial shall begin on May 16, 2022, at 9:00 a.m., in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. (bw) (Entered: 05/09/2022)
5/6/2022 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated May 6, 2022 re: Permission to Bring Laptops into Courtroom . Document filed by Timothy Shea. (Attachments: # 1 Text of Proposed Order Electronic Devices for Counsel, # 2 Text of Proposed Order Electronic Devices for Defendant & Investigator)(Meringolo, John) (Entered: 05/06/2022)
5/6/2022ORDER 189 Defendant, Timothy Shea, moves1 for an order (1) dismissing the superseding indictment filed on April 21, 2022 (the "Second Superseding Indictment"), S.I.2., ECF No. 179; (2) dismissing Count One of the Second Superseding Indictment; or, in the alternative, (3) adjourning his May 16, 2022 trial date for at least thirty days, or severing Count One of the Second Superseding Indictment for trial purposes. See Def. Mot. I, ECF No. 189; Def. Mot. II, ECF No. 187; Def. Mem. III. Shea also asks the Court to review grand jury minutes to determine whether the Government adequately explained a potential defense to the grand jurors. Def. Mem. III at 8. For the reasons stated above, Sheas motions are DENIED. The Court also directs Shea to comply with the requirements of Local Criminal Rule 16.1 before filing any further discovery-related motions. (Signed by Judge Analisa Torres on 5/6/22) (jw) (Entered: 05/06/2022)
5/5/2022208SEALED DOCUMENT placed in vault. (nmo) (Entered: 05/05/2022)
5/4/2022NOTICE OF ATTORNEY APPEARANCE: Anjelica Bianca Cappellino appearing for Timothy Shea. Appearance Type: CJA Appointment. (Cappellino, Anjelica) (Entered: 05/04/2022)
5/4/2022ORDER re: 192 LETTER MOTION addressed to Judge Analisa Torres dated April 27, 2022 re: Require Defendant to Comply with Discovery Obligations Pursuant to Rule 16(b) of the Federal Rules of Criminal Procedure. On April 27, 2022, the Government moved to require Defendant, Timothy Shea, to comply with his reciprocal discovery obligations pursuant to Rule 16(b) of the Federal Rules of Criminal Procedure. Gov. Ltr., ECF No. 192. Defendant opposes the motion. Def. Ltr., ECF No. 198. For the reasons stated below, the Government's motion is GRANTED. Trial in this matter is scheduled to begin in less than two weeks. Accordingly, by May 9, 2022, Defendant shall produce to the Government all documents and evidence subject to disclosure under Rule 16(b) including, as relevant, substantive, non-impeachment evidence. Accordingly, the Court does not believe that a discovery order pursuant to Brady or Giglio is necessary based on the Governments good-faith representations that it is in compliance with its obligations, and any such request is DENIED. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 192 and 198. (Signed by Judge Analisa Torres on 5/4/2022) (jw) (Entered: 05/04/2022)
5/3/2022JOINT LETTER by USA as to Timothy Shea addressed to Judge Analisa Torres dated May 3, 2022 re: Revised Proposed Verdict Form Document filed by USA. (Attachments: # 1 Exhibit (Proposed Verdict Form))(Sobelman, Robert) (Entered: 05/03/2022)
5/3/2022PROPOSED EXAMINATION OF JURORS by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 05/03/2022)
5/3/2022Request To Charge by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 05/03/2022)
5/3/2022LETTER REPLY TO RESPONSE to Motion by USA as to Timothy Shea addressed to Judge Analisa Torres dated May 3, 2022 re 192 LETTER MOTION addressed to Judge Analisa Torres dated April 27, 2022 re: Require Defendant to Comply with Discovery Obligations Pursuant to Rule 16(b) of the Federal Rules of Criminal Procedure .. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sobelman, Robert) (Entered: 05/03/2022)
5/2/2022 LETTER by Timothy Shea addressed to Judge Analisa Torres from John Meringolo, Esq. dated May 2, 2022 re: Correcting a statement in Dkt. #198 (Meringolo, John) (Entered: 05/02/2022)
5/2/2022MEMORANDUM in Opposition by USA as to Timothy Shea re 183 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated April 25, 2022 re: Motion to Exclude Government Expert .. (Attachments: # 1 Exhibit 1)(Sobelman, Robert) (Entered: 05/02/2022)
5/2/2022ORDER as to Timothy Shea: The Court has reviewed Defendant's letter dated May 2, 2022. ECF No. 198. Accordingly, the Government shall file a response by May 3, 2022, at 5:00 p.m. (Responses due by 5/3/2022) (Signed by Judge Analisa Torres on 5/2/2022) (ap) (Entered: 05/02/2022)
5/2/2022 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated May 2, 2022 re: Response to Govt. 4/27/22 Request . Document filed by Timothy Shea. (Meringolo, John) (Entered: 05/02/2022)
5/2/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian Kolfage. Notice is hereby given that an official transcript of a Conference proceeding held on 4/21/22 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: 05/02/2022)
5/2/2022TRANSCRIPT of Proceedings as to Brian Kolfage re: Conference held on 4/21/22 before Judge Analisa Torres. 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 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022. (Moya, Goretti) (Entered: 05/02/2022)
5/1/2022 REPLY MEMORANDUM OF LAW in Support as to Timothy Shea re: 187 MOTION to Continue Trial Date., 189 MOTION to Dismiss . . (Meringolo, John) (Entered: 05/01/2022)
4/30/2022MEMORANDUM in Opposition by USA as to Timothy Shea re 187 MOTION to Continue Trial Date., 189 MOTION to Dismiss .. (Sobelman, Robert) (Entered: 04/30/2022)
4/28/2022Set/Reset Deadlines/Hearings as to Timothy Shea: Responses due by 5/2/2022. (lnl) (Entered: 04/28/2022)
4/28/2022ORDER as to Timothy Shea: The Court has reviewed the Government's letter dated April 27, 2022. ECF No. 192. Accordingly, by May 2, 2022, Defendant shall either file a response or produce the requested discovery. SO ORDERED. (Signed by Judge Analisa Torres on 4/28/2022) (lnl) (Entered: 04/28/2022)
4/27/2022 LETTER MOTION addressed to Judge Analisa Torres dated April 27, 2022 re: Require Defendant to Comply with Discovery Obligations Pursuant to Rule 16(b) of the Federal Rules of Criminal Procedure . Document filed by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 04/27/2022)
4/27/2022ORDER as to Timothy Shea: The Court has reviewed Defendant Shea's motions filed April 27, 2022. ECF Nos. 18790. Accordingly, by April 30, 2022, the Government shall file a consolidated response to Defendant's motions. Defendant shall file any reply by May 1, 2022. The final pretrial conference scheduled for May 4, 2022, is ADJOURNED to May 6, 2022, at 4:00 p.m., and shall occur via videoconference. See In re Coronavirus/Covid-19 Pandemic, No. 20 Misc. 176 (S.D.N.Y. Apr. 6, 2022), ECF No. 9 (finding that the COVID-19 pandemic "make[s] it necessary for the judges in this District to be able to continue to conduct proceedings remotely"). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others may participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827. SO ORDERED. (Responses due by 4/30/2022. Replies due by 5/1/2022. Final Pretrial Conference set for 5/6/2022 at 04:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 4/27/2022) (lnl) (Entered: 04/27/2022)
4/27/2022MEMORANDUM in Support by Timothy Shea re 189 MOTION to Dismiss .. (Meringolo, John) (Entered: 04/27/2022)
4/27/2022 MOTION to Dismiss . Document filed by Timothy Shea. (Meringolo, John) (Entered: 04/27/2022)
4/27/2022MEMORANDUM in Support by Timothy Shea re 187 MOTION to Continue Trial Date.. (Meringolo, John) (Entered: 04/27/2022)
4/27/2022 MOTION to Continue Trial Date. Document filed by Timothy Shea. (Meringolo, John) (Entered: 04/27/2022)
4/26/2022ORDER as to Timothy Shea: The Court has reviewed Defendant Shea's letter dated April 26, 2022. ECF No. 184. Accordingly, Defendant's request to appear remotely at the final pretrial conference is GRANTED. The final pretrial conference shall occur on May 4, 2022, at 2:00 p.m., via videoconference. See In re Coronavirus/Covid-19 Pandemic, No. 20 Misc. 176 (S.D.N.Y. Apr. 6, 2022), ECF No. 3 (finding that the COVID-19 pandemic "make[s] it necessary for the judges in this District to be able to continue to conduct proceedings remotely"). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others may participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827. SO ORDERED. (Pretrial Conference set for 5/4/2022 at 02:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 4/26/2022) (lnl) (Entered: 04/26/2022)
4/26/2022ORDER as to Timothy Shea: The Court has reviewed Defendant's motion dated April 25, 2022. ECF No. 183. Accordingly, the Government shall file a response by May 2, 2022. SO ORDERED. (Responses due by 5/2/2022) (Signed by Judge Analisa Torres on 4/26/2022) (lnl) (Entered: 04/26/2022)
4/26/2022 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated April 26, 2022 re: Request for Mr. Shea to Appear Remotely at Pretrial Conference . Document filed by Timothy Shea. (Meringolo, John) (Entered: 04/26/2022)
4/25/2022 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated April 25, 2022 re: Motion to Exclude Government Expert . Document filed by Timothy Shea. (Meringolo, John) (Entered: 04/25/2022)
4/22/2022CONSENT TO PROCEED BY TELECONFERENCE by Timothy Shea. This proceeding was conducted by reliable teleconferencing technology. (Signed by Magistrate Judge Stewart D. Aaron on 4/22/2022) (bw) (Entered: 04/25/2022)
4/22/2022ORAL ORDER as to Timothy Shea (4). Time excluded from 4/22/2022 until 5/16/2022. (By Magistrate Judge Stewart D. Aaron on 4/22/2022) (bw) (Entered: 04/25/2022)
4/22/2022Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Arraignment as to Timothy Shea (4) Count 1s,1ss,2s,2ss,3s,3ss held on 4/22/2022. AUSA Robert Sobelman. Defense Counsel John Meringolo. Defendant arraigned; pleads Not guilty. ( Plea entered by Timothy Shea (4) Count 1s,1ss,2s,2ss,3s,3ss -- Not Guilty. ) Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 5/16/2022. (bw) (Entered: 04/25/2022)
4/22/2022CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Brian Kolfage. (Signed by Judge Analisa Torres on 4/22/2022)(See ORDER as further set forth) (lnl) (Entered: 04/22/2022)
4/22/2022CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Andrew Badolato. (Signed by Judge Analisa Torres on 4/22/2022) (See ORDER as further set forth) (lnl) (Entered: 04/22/2022)
4/21/2022Minute Entry for proceedings held before Judge Analisa Torres: Change of Plea Hearing as to Brian Kolfage, Andrew Badolato held on 4/21/2022 via videoconference. Defendants waived their right to an in-person appearance and consented to proceeding remotely on the record. AUSA Nicolas Roos present for the Government via video and AUSAs Alison Gainfort Moe and Robert Sobelman present for the Government via the public access line. Defendant Kolfage present via video with defense counsel Cesar De Castro and David Destefano present via video. Defendant Badolato present via video with defense counsel Michael Heffernan present via video. Court reporter present via audio. Defendants Kolfage and Badolato entered pleas of guilty on Count One of the Indictment in No. 20 Cr. 412. Defendant Kolfage entered a plea of guilty on Counts One, Two, and Three of the Superseding Indictment in No. 22 Cr. 201. Sentencing scheduled for September 6, 2022, at 1:00 p.m. Defendants' submissions are due two weeks prior to sentencing. The Government's submissions are due one week prior to sentencing. Plea entered by Brian Kolfage (1) Guilty as to Count 1 and Andrew Badolato (3) Guilty as to Count 1. (Sentencing set for 9/6/2022 at 01:00 PM before Judge Analisa Torres) (lnl) (Entered: 04/22/2022)
4/21/2022(S2) SUPERSEDING INDICTMENT FILED as to Timothy Shea (4) count(s) 1ss, 2ss, 3ss. (jm) (Entered: 04/22/2022)
4/21/2022ORDER as to Timothy Shea: The final pretrial conference for Defendant Shea scheduled for May 9, 2022, is RESCHEDULED to May 4, 2022, at 2:00 p.m. The Court shall hold the final pretrial conference in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. (Pretrial Conference set for 5/4/2022 at 02:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres) (Signed by Judge Analisa Torres on 4/21/2022) (See ORDER set forth) (ap) (Entered: 04/21/2022)
4/20/2022ORDER as to Brian Kolfage, Andrew Badolato. The change of plea proceeding for Defendants Kolfage and Badolato scheduled for April 21, 2022, at 2:00 p.m. is ADJOURNED to April 21, 2022, at 3:30 p.m. The conference will use the Court's videoconferencing system. See In re Coronavirus/Covid-19 Pandemic, No. 20 Misc. 176 (S.D.N.Y. Dec. 14, 2021), ECF No. 8 (finding that the COVID-19 pandemic "make[s] it necessary for the judges in this District to be able to continue to conduct proceedings remotely"). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding; all others may participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827. SO ORDERED. (Change of Plea Hearing set for 4/21/2022 at 03:30 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 4/20/22)(jbo) (Entered: 04/20/2022)
4/15/2022 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated April 15, 2022 re: Remote Arraignment . Document filed by Timothy Shea. (Meringolo, John) (Entered: 04/15/2022)
4/14/2022(S1) SUPERSEDING INDICTMENT FILED as to Timothy Shea (4) count(s) 1s, 2s, 3s. (jm) (Entered: 04/15/2022)
4/14/2022MEMORANDUM in Opposition by USA as to Timothy Shea re 170 MOTION in Limine to Preclude Certain Evidence at Trial.. (Roos, Nicolas) (Entered: 04/14/2022)
4/14/2022 LETTER by USA as to Timothy Shea addressed to Judge Analisa Torres from Assistant U.S. Attorneys Nicolas Roos, Alison Moe, and Robert Sobelman dated April 14, 2022 re: Superseding Indictment and Exclusion of Time Document filed by USA. (Roos, Nicolas) (Entered: 04/14/2022)
4/14/2022MEMORANDUM in Opposition by Timothy Shea re 166 MOTION in Limine .. (Meringolo, John) (Entered: 04/14/2022)
4/8/2022 MOTION in Limine to Preclude Certain Evidence at Trial. Document filed by Timothy Shea. (Attachments: # 1 Exhibit A)(Meringolo, John) (Entered: 04/08/2022)
4/8/2022 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Timothy Shea: Notice to Attorney John C. Meringolo to RE-FILE Document 168 MOTION in Limine to Preclude Certain Evidence at Trial. ERROR(S): No signature or s/. (db) (Entered: 04/08/2022)
4/7/2022PROPOSED EXAMINATION OF JURORS by USA as to Timothy Shea. (Moe, Alison) (Entered: 04/07/2022)
4/7/2022 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine to Preclude Certain Evidence at Trial. Document filed by Timothy Shea. (Attachments: # 1 Exhibit A)(Meringolo, John) Modified on 4/8/2022 (db). (Entered: 04/07/2022)
4/7/2022JOINT LETTER by USA as to Timothy Shea addressed to Judge Analisa Torres dated April 7, 2022 re: Proposed Verdict Form Document filed by USA. (Attachments: # 1 Exhibit)(Sobelman, Robert) (Entered: 04/07/2022)
4/7/2022 MOTION in Limine . Document filed by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 04/07/2022)
4/7/2022Request To Charge by USA as to Timothy Shea. (Sobelman, Robert) (Entered: 04/07/2022)
4/6/2022 LETTER by USA as to Brian Kolfage addressed to Judge Analisa Torres dated April 6, 2022 re: United States v. Brian Kolfage, No. 22 Cr. 201 (AKH) Document filed by USA. (Sobelman, Robert) (Entered: 04/06/2022)
4/5/2022Set/Reset Deadlines/Hearings as to Brian Kolfage, Andrew Badolato: Change of Plea Hearing set for 4/21/2022 at 02:00 PM before Judge Analisa Torres. (lnl) (Entered: 04/05/2022)
4/5/2022ORDER as to Brian Kolfage, Andrew Badolato, Timothy Shea: The Court shall hold a change of plea proceeding for Defendants Kolfage and Badolato on April 21, 2022, at 2:00 p.m. The conference will use the Court's videoconferencing system. See In re Coronavirus/Covid-19 Pandemic, No. 20 Misc. 176 (S.D.N.Y. Dec. 14, 2021), ECF No. 8 (finding that the COVID-19 pandemic "make[s] it necessary for the judges in this District to be able to continue to conduct proceedings remotely"). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding; all others may participate by telephone. Co-counsel, members of the press, and the public may access the audio feed of the hearing by calling (888) 398-2342 or (215) 861-0674 at the time of the hearing, and entering access code 5598827. SO ORDERED. (Signed by Judge Analisa Torres on 4/5/2022) (lnl) (Entered: 04/05/2022)
4/4/2022ORDER as to Brian Kolfage, Andrew Badolato, Timothy Shea: The Court has reviewed the letter filed by the Government on March 31, 2022, which informed the Court that Defendant Badolato has reached an agreement in principle with the Government to enter a plea of guilty, and that Defendant Shea wishes to proceed to trial. ECF No. 161. Accordingly, the Court shall inform the parties how it shall proceed with regard to scheduling the change of plea proceedings for Defendants Kolfage and Badolato in due course. The pretrial filing deadlines for Defendant Badolato are ADJOURNED sine die, The trial for Defendant Shea shall be held on May 16, 2022. Accordingly, by April 7, 2022, the parties shall file joint proposed voir dire questions, requests to charge, verdict forms, and any motions in limine. Oppositions to any motions in limine shall be filed by April 14, 2022. SO ORDERED. (Motions due by 4/7/2022. Responses due by 4/14/2022.) (Signed by Judge Analisa Torres on 4/4/2022) (lnl) (Entered: 04/04/2022)
3/31/2022CONSENT LETTER MOTION addressed to Judge Analisa Torres dated March 31, 2022 re: Change of Plea Hearing for Badolato and Pretrial Filing Deadlines for Shea . Document filed by USA as to Andrew Badolato, Timothy Shea. (Sobelman, Robert) (Entered: 03/31/2022)
3/28/2022ORDER as to Brian Kolfage, Andrew Badolato, Timothy Shea: The Court has reviewed the letter filed by the Government on March 25, 2022, which informed the Court that Defendants Kolfage and Shea have reached agreements in principle with the Government to enter pleas of guilty. ECF No. 159. Accordingly, the Court shall inform the parties how it shall proceed with regard to scheduling the change of plea proceedings for those defendants in due course. The pretrial filing deadlines for Defendants Kolfage and Shea are ADJOURNED sine die. The Court intends to hold trial for Defendant Badolato on May 16, 2022. See ECF No. 152. Accordingly, by March 31, 2022, the parties shall update the Court regarding the status of the proceedings against Defendant Badolato. The Government and Defendant Badolato shall file joint proposed voir dire questions, requests to charge, verdict forms, and any motions in limine by April 4, 2022. Oppositions to any motion in limine shall be filed by April 11, 2022. The Clerk of Court is directed to terminate the pending motions at ECF Nos. 153 at 159. (Motions due by 4/4/2022. Responses due by 4/11/2022) (Signed by Judge Analisa Torres on 3/28/2022)(ap) (Entered: 03/28/2022)
3/25/2022JOINT LETTER MOTION addressed to Judge Analisa Torres dated March 25, 2022 re: Scheduling of Change of Plea Hearings and Adjournment Sine Die of Pretrial Filing Deadlines . Document filed by USA as to Brian Kolfage, Timothy Shea. (Sobelman, Robert) (Entered: 03/25/2022)
3/17/2022NOTICE OF ATTORNEY APPEARANCE: Clara Sophia Kalhous appearing for Timothy Shea. Appearance Type: CJA Appointment. (Kalhous, Clara) (Entered: 03/17/2022)
3/14/2022MEMO ENDORSED granting 156 LETTER MOTION Exclusion of Time Under the Speedy Trial Act as to Brian Kolfage (1), Andrew Badolato (3), Timothy Shea (4)... ENDORSEMENT: GRANTED. Time until May 16, 2022, is excluded under the Speedy Trial Act, 18 U.S.C. § 3161 (h)(7)(A). The Court finds that the ends of justice served by granting the exclusion outweigh the interests of the public and Defendants in a speedy trial because such an extension is necessary to permit the parties time to prepare for trial. SO ORDERED. (Signed by Judge Analisa Torres on 3/14/22) (jbo) (Entered: 03/14/2022)
3/14/2022CONSENT LETTER MOTION addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated March 14, 2022 re: Exclusion of Time Under the Speedy Trial Act . Document filed by USA as to Brian Kolfage, Andrew Badolato, Timothy Shea. (Sobelman, Robert) (Entered: 03/14/2022)
3/11/2022Set/Reset Deadlines/Hearings as to Brian Kolfage: Motions in limine due by 3/28/2022. Oppositions due by 4/4/2022. (jw) (Entered: 03/11/2022)
3/11/2022MEMO ENDORSEMENT 154 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated March 10, 2022 re: modification of schedule of pretrial filings...ENDORSEMENT...Granted. (Signed by Judge Analisa Torres on 3/11/22) (jw) (Entered: 03/11/2022)
3/10/2022 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated March 10, 2022 re: modification of schedule of pretrial filings . Document filed by Brian Kolfage. (De Castro, Cesar) (Entered: 03/10/2022)
3/9/2022 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated March 9, 2022 re: Trial Schedule . Document filed by Timothy Shea. (Meringolo, John) (Entered: 03/09/2022)
3/8/2022ORDER as to Brian Kolfage, Andrew Badolato, Timothy Shea: On December 7, 2021, the parties provided their availability for trial in the second calendar quarter of 2022. The Court requested a jury trial based on the parties' availability. The Clerk's Office has notified the Court that this case has been scheduled as the primary back up case for May 16, 2022. The case will proceed if the primary case does not go forward. Moreover, because there is a strong possibility that multiple juries will be selected on any given date, this trial will likely go forward even if the primary case goes forward. The case must therefore be trial ready on May 16, 2022. As soon as the Court confirms whether the matter will proceed on May 16, 2022, it will inform the parties. (Ready for Trial by 5/16/2022) (Signed by Judge Analisa Torres on 3/8/2022) (See ORDER set forth) (ap) (Entered: 03/08/2022)
3/7/2022 LETTER by USA as to Andrew Badolato addressed to Judge Analisa Torres dated March 7, 2022 re: Response to Dkt. 150 Document filed by USA. (Sobelman, Robert) (Entered: 03/07/2022)
2/14/2022Set/Reset Deadlines/Hearings as to Brian Kolfage, Andrew Badolato, Timothy Shea: Motions in limine due by 3/14/2022. Oppositions papers due by 3/21/2022. (jw) (Entered: 02/14/2022)
2/14/2022MEMO ENDORSEMENT as to Brian Kolfage, Andrew Badolato, Timothy Shea on re: 149 The Government respectfully submits this letter jointly on behalf of the parties pursuant to the Court's order dated February 9, 2022 (Dkt. No. 148). Separately, the Government, Mr. Kolfage, and Mr. Shea are in ongoing discussions about potential evidentiary and legal issues that may arise at trial. In order to permit adequate time to conclude those discussions and allow the parties to identify and narrow any potential areas of disagreement in advance of filing motions in limine, proposed voir dire, requests to charge, and a proposed verdict fo1m, the Government, Mr. Kolfage, and Mr. Shea request that the Court reschedule the deadline for those filings from February 28, 2022 (see Dkt. No. 145), until March 14, 2022, and pe1mit any oppositions to the motions in limine to be filed by March 21, 2022...ENDORSEMENT...GRANTED in part, and DENIED in part. By March 14, 2022, the parties shall file their joint proposed voir dire questions, requests to charge, verdict forms, and any motions in limine. By March 21, 2022, the parties shall file opposition papers to any motions in limine. The Court shall request a trial date for Defendants Kolfage and Shea for May 16, 2022. The Court shall request a trial date for Defendant Badolato for June 6, 2022. By March 7, 2022, the Government and Defendant Badolato shall submit a joint letter to the Court regarding the status of their discussions. (Signed by Judge Analisa Torres on 2/14/22)(jw) (Entered: 02/14/2022)
2/14/2022JOINT LETTER by USA as to Brian Kolfage, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated February 14, 2022 re: Response to Dkt. No. 148 Document filed by USA. (Sobelman, Robert) (Entered: 02/14/2022)
2/9/2022ORDER as to Brian Kolfage, Andrew Badolato, Timothy Shea. The current COVID-19 trial protocols in place in the Southern District of New York do not permit the Court to hold a three-defendant criminal trial. The Court, therefore, intends to hold two separate trials in this matter, and shall utilize the centralized calendaring system for jury trials to request two trial dates for the second quarter of 2022. Accordingly, by February 14, 2022, at 12:00 p.m., the parties shall submit a joint letter proposing whom should be tried together and whom should be tried alone. (Signed by Judge Analisa Torres on 2/9/2022)(bw) (Entered: 02/09/2022)
2/7/2022MEMO ENDORSEMENT granting 146 LETTER MOTION filed by Brian Kolfage (1), addressed to Judge Analisa Torres from Attorney Cesar de Castro dated February 6, 2022 re: Modify Personal Recognizance Bond to Permit Travel to and From Michigan.... Accordingly, I respectfully request that Mr. Kolfage's bond be permanently modified to permit him to travel to and from Michigan, as well as states in between Florida and Michigan, as needed. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 2/7/2022) (bw) (Entered: 02/07/2022)
2/6/2022 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated February 6, 2022 re: Modify Personal Recognizance Bond to Permit Travel to and From Michigan . Document filed by Brian Kolfage. (Gotlib, Valerie) (Entered: 02/06/2022)
1/13/2022ORDER as to Brian Kolfage, Andrew Badolato, Timothy Shea: The Southern District of New York has adopted a centralized calendaring system for jury trials during the COVID-19 pandemic. On December 7, 2021, the parties provided their availability for trial in the second calendar quarter of 2022, and stated that they are available to begin a jury trial on May 16, 2022. The Court shall, therefore, request that trial in this matter begin on May 16, 2022. Accordingly, 1. The parties shall file motions in limine, if any, by February 28, 2022. Opposition papers are due by March 7, 2022. 2. The parties shall submit joint proposed voir dire questions, requests to charge, and verdict forms by February 28, 2022. For any proposed voir dire question, request to charge, or section of the verdict form on which the parties cannot agree, each party shall clearly set forth its proposal and briefly state why the Court should use that question, charge, or verdict form section, with citations to supporting authority. The parties shall include with their proposed voir dire questions a brief description of the case and a list of names and places likely to be mentioned at trial, both to be read to prospective jurors during jury selection. At the time of filing, the parties shall submit two courtesy copies of the proposed voir dire questions, requests to charge, and verdict forms to the Court. In addition, the parties shall e-mail these materials, as Microsoft Word documents, to Torres_NYSDChambers@nysd.uscourts.gov. 3. The final pretrial conference shall occur on May 9, 2022, at 1:00 p.m., in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York 10007. SO ORDERED. (Motions due by 2/28/2022. Responses due by 3/7/2022. Final Pretrial Conference set for 5/9/2022 at 01:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 1/13/2022) (lnl) (Entered: 01/13/2022)
1/10/2022ORDER as to Timothy Shea (4): For the reasons stated above, Shea's motion for severance is DENIED. SO ORDERED. (Signed by Judge Analisa Torres on 1/10/2022) (See ORDEr as set forth) (lnl) (Entered: 01/10/2022)
12/29/2021MEMO ENDORSEMENT as to Brian Kolfage (1) granting 142 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated December 29, 2021 re: Permission to Travel. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 12/29/2021) (ap) (Entered: 12/29/2021)
12/29/2021 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated December 29, 2021 re: Permission to Travel . Document filed by Brian Kolfage. (De Castro, Cesar) (Entered: 12/29/2021)
12/5/2021MEMORANDUM in Opposition by USA as to Timothy Shea re 135 MOTION to Sever Defendant .. (Sobelman, Robert) (Entered: 12/05/2021)
12/2/2021MEMO ENDORSEMENT as to Brian Kolfage (1) granting 139 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated December 2, 2021 re: Permission to Travel. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 12/2/2021) (lnl) (Entered: 12/02/2021)
12/2/2021 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated December 2, 2021 re: Permission to Travel . Document filed by Brian Kolfage. (De Castro, Cesar) (Entered: 12/02/2021)
11/29/2021NOTICE OF ATTORNEY APPEARANCE: David Destefano appearing for Brian Kolfage. Appearance Type: Retained. (Destefano, David) (Entered: 11/29/2021)
11/18/2021NOTICE of Change of Address as to Brian Kolfage. New Address: The Law Firm of Cesar de Castro, P.C, 111 Fulton St - 602, NY, NY, USA 10038, (631) 460-3951. (De Castro, Cesar) (Entered: 11/18/2021)
11/15/2021MEMORANDUM in Support by Timothy Shea re 135 MOTION to Sever Defendant .. (Meringolo, John) (Entered: 11/15/2021)
11/15/2021 MOTION to Sever Defendant . Document filed by Timothy Shea. (Meringolo, John) (Entered: 11/15/2021)
11/9/2021MEMO ENDORSEMENT as to Brian Kolfage (1), Andrew Badolato (3), Timothy Shea (4) granting 133 CONSENT LETTER MOTION addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated November 8, 2021 re: Exclusion of Time Under the Speedy Trial Act. Document filed by USA as to Brian Kolfage, Andrew Badolato, Timothy Shea. ENDORSEMENT: GRANTED. The time between November 15, 2021 and March 15, 2022, is excluded under the Speedy Trial Act, 18 U.S.C. § 3161 (h)(7)(A), in the interests of justice. The Court finds that the ends of justice served by granting the exclusion outweigh the best interests of the public and Defendants in a speedy trial because such an extension is necessa1y to permit the parties time to prepare for trial. (Signed by Judge Analisa Torres on 11/9/2021) (ap) (Entered: 11/09/2021)
11/8/2021CONSENT LETTER MOTION addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated November 8, 2021 re: Exclusion of Time Under the Speedy Trial Act . Document filed by USA as to Brian Kolfage, Andrew Badolato, Timothy Shea. (Sobelman, Robert) (Entered: 11/08/2021)
10/7/2021MEMO ENDORSEMENT as to Brian Kolfage (1) granting 131 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated October 6, 2021 re: Permission to Travel. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 10/7/2021) (lnl) (Entered: 10/07/2021)
10/6/2021 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated October 6, 2021 re: Permission to Travel . Document filed by Brian Kolfage. (De Castro, Cesar) (Entered: 10/06/2021)
8/26/2021ENDORSED LETTER as to Brian Kolfage, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Attorney Cesar de Castro, counsel for Brian Kolfage, dated August 24, 2021 re: Adjourn Trial Date and Modify Motion Schedule On Consent of All Parties. ENDORSEMENT: GRANTED. The Court, utilizing the procedures within this District governing the scheduling of jury trials during the COVID-19 pandemic, will seek to schedule a jury trial in mid to late March 2022. Defendants shall submit any motions by November 15, 2021. The Government shall submit its opposition papers by December 6, 2021. Defendants shall submit their replies, if any, by December 13, 2021. The deadline for motions in limine and other pretrial submissions is ADJOURNED sine die; the Court shall set the deadlines upon confirming a date certain for trial. SO ORDERED: (Signed by Judge Analisa Torres on 8/26/2021)(bw) (Entered: 08/26/2021)
8/24/2021 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated 8/24/2021 re: Adjourn Trial Date and Modify Motion Schedule On Consent of All Parties. Document filed by Brian Kolfage. (De Castro, Cesar) (Entered: 08/24/2021)
8/24/2021MEMO ENDORSEMENT as to Brian Kolfage on 127 MOTION for Harvey A. Steinberg to Withdraw as Attorney of Record for Defendant Brian Kolfage. ENDORSEMENT: SO ORDERED. (Signed by Judge Analisa Torres on 8/24/2021) (lnl) (Entered: 08/24/2021)
8/20/2021 MOTION for Harvey A. Steinberg to Withdraw as Attorney of Record for Defendant Brian Kolfage. Document filed by Brian Kolfage. (Steinberg, Harvey) (Entered: 08/20/2021)
8/20/2021MEMO ENDORSEMENT granting 125 LETTER MOTION filed by Brian Kolfage (1), addressed to Judge Analisa Torres from Attorney Cesar de Castro dated August 20, 2021 re: Permission to Travel. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 8/20/2021) (bw) (Entered: 08/20/2021)
8/20/2021 LETTER MOTION addressed to Judge Analisa Torres from Cesar de Castro dated August 20, 2021 re: Permission to Travel . Document filed by Brian Kolfage. (De Castro, Cesar) (Entered: 08/20/2021)
8/19/2021NOTICE OF ATTORNEY APPEARANCE: Cesar De Castro appearing for Brian Kolfage. Appearance Type: Retained. (De Castro, Cesar) (Entered: 08/19/2021)
8/10/2021FOURTH LETTER by USA as to Brian Kolfage addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated August 10, 2021 re: United States v. Brian G. Kolfage, 21 Cr. 29 (MCR) (N.D. Fla.) Document filed by USA. (Sobelman, Robert) (Entered: 08/10/2021)
7/21/2021Minute Entry for proceedings held before Judge Analisa Torres: Status Conference via video conference as to Brian Kolfage, Andrew Badolato, Timothy Shea held on 7/21/2021. Defendants waived their right to an inperson appearance and consented to proceeding remotely. AUSA Nicolas Roos present for the Government via video. Defense counsel Harvey Steinberg present via video with Defendant Brian Kolfage via audio; defense counsel Daniel Stein present with Defendant Andrew Badolato via video; CJA attorney John Meringolo present via audio with Defendant Timothy Shea via video. Court reporter present via audio. By August 30, 2021, Defendants shall file any motions. By September 13, 2021, the Government shall file its opposition papers. By September 20, 2021, Defendants shall file any replies. The parties shall file any motions in limine, joint proposed voir dire questions, requests to charge, and verdict forms by October 18, 2021. The parties shall file any opposition to any motions in limine by October 25, 2021. Time continues to be excluded under the Speedy Trial Act until November 15, 2021. (jbo) (Entered: 07/21/2021)
7/21/2021THIRD LETTER by USA as to Brian Kolfage addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated July 21, 2021 re: United States v. Brian G. Kolfage, 21 Cr. 29 (MCR) (N.D. Fla.) Document filed by USA. (Sobelman, Robert) (Entered: 07/21/2021)
7/12/2021MANDATE of USCA (Certified Copy) as to 73 Notice of Appeal by We Build the Wall, Inc. USCA Case Number 20-4274-cr. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal be and it hereby is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/12/2021. (nd) (Entered: 07/12/2021)
6/8/2021MEMO ENDORSEMENT as to Timothy Shea (4) granting 119 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated June 7, 2021 re: Travel Request. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 6/8/2021) (lnl) (Entered: 06/08/2021)
6/7/2021 LETTER MOTION addressed to Judge Analisa Torres from Timothy Shea dated June 7, 2021 re: Travel Request . Document filed by Timothy Shea. (Meringolo, John) (Entered: 06/07/2021)
6/3/2021SECOND LETTER by USA as to Brian Kolfage addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated June 3, 2021 re: United States v. Brian G. Kolfage, 21 Cr. 29 (MCR) (N.D. Fla.) Document filed by USA. (Sobelman, Robert) (Entered: 06/03/2021)
5/25/2021MEMORANDUM & ORDER as to Stephen Bannon re: 101 MOTION to Dismiss filed by Stephen Bannon. For the reasons stated above, Bannon's motion is GRANTED and the Indictment is DISMISSED as to him, pursuant to paragraph one of the Pardon (Signed by Judge Analisa Torres on 5/25/21)(jw) (Entered: 05/25/2021)
5/14/2021MEMO ENDORSEMENT granting 114 Motion to Modify Conditions of Release as to Andrew Badolato (3).... Accordingly, we respectfully request a permanent modification to Mr. Badolato's pretrial release conditions to allow him to travel within the continental United States. All travel outside of the Middle District of Florida, where Mr. Badolato currently resides, will be subject to preapproval and monitoring by his supervising Pretrial Services Officer, Jim Haskett. Pretrial Services has advised that it has no objections to this modification. We have also advised government counsel of this modification and AUSA Robert Sobelman has advised that the Government has no objection. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 5/14/2021) (bw) (Entered: 05/14/2021)
5/13/2021MEMO ENDORSEMENT granting 113 LETTER MOTION filed by USA as to Brian Kolfage (1), Andrew Badolato (3), Timothy Shea (4), addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated May 12, 2021 re: Trial Date and Exclusion of Time Under the Speedy Trial Act. ENDORSEMENT: GRANTED. The time between May 24, 2021, and November 15, 2021, is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), in the interests of justice. The Court finds that the ends of justice served by granting the exclusion outweigh the best interests of the public and Defendants in a speedy trial, because such an extension is necessary to efficiently administer the Court's docket consistent with public safety, and because it will allow the parties to prepare for trial. SO ORDERED. (Signed by Judge Analisa Torres on 5/13/2021) (bw) (Entered: 05/13/2021)
5/13/2021 MOTION to Modify Conditions of Release . Document filed by Andrew Badolato. (Stein, Daniel) (Entered: 05/13/2021)
5/12/2021 LETTER MOTION addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated May 12, 2021 re: Trial Date and Exclusion of Time Under the Speedy Trial Act . Document filed by USA as to Brian Kolfage, Andrew Badolato, Timothy Shea. (Sobelman, Robert) (Entered: 05/12/2021)
5/6/2021 LETTER by USA as to Brian Kolfage addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated May 6, 2021 re: United States v. Brian G. Kolfage, 21 Cr. 29 (MCR) (N.D. Fla.) Document filed by USA. (Sobelman, Robert) (Entered: 05/06/2021)
5/5/2021ORDER - Defendant Brian Kolfage moves for an order modifying the post-indictment restraining order issued on August 24, 2020, which prohibits the transfer of certain funds involved in his charged offenses (the "Restraining Order"), ECF No. 64. Alternatively, he requests a hearing to challenge the Courts finding that there was probable cause for the issuance of the Restraining Order, ECF No. 77. For the reasons stated below, Kolfage's motions are DENIED without prejudice. By May 19, 2021, Kolfage may submit evidence demonstrating that he meets the threshold for a Monsanto hearing, along with a motion to seal the affidavit from the public if desired. (Signed by Judge Analisa Torres on 5/5/21) (jw) (Entered: 05/05/2021)
4/29/2021ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The conference scheduled for May 3, 2021, is hereby ADJOURNED to July 21, 2021, at 1:00 p.m., and will proceed using the Courts videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176 (S.D.N.Y. Mar. 11, 2021), ECF No. 5 (Criminal proceedings "cannot in all instances be conducted in person without seriously jeopardizing public health and safety... video teleconferencing, or telephone conferencing if video conferencing is not reasonably available, may be used in such proceedings with the consent of the defendant"). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conferencewhether in listen-only mode or otherwiseare reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Status Conference set for 7/21/2021 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 4/29/2021) (lnl) (Entered: 04/29/2021)
4/20/2021ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The Court has reviewed the parties' letter dated April 14, 2021, setting forth their available dates for trial, ECF No. 108. Due to conflicts in the Court's and the parties' availability in the third quarter of 2021, the Court, utilizing the procedures within this District governing the scheduling of jury trials during the COVID-19 pandemic, will instead seek to schedule a jury trial for the fourth calendar quarter of 2021. By July 16, 2021, the parties shall submit blackout dates for trial. (Signed by Judge Analisa Torres on 4/20/2021)(ap) (Entered: 04/20/2021)
4/14/2021 LETTER by USA as to Brian Kolfage, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated April 14, 2021 re: The Parties' Availability for Trial in Q3 2021 Document filed by USA. (Sobelman, Robert) (Entered: 04/14/2021)
4/8/2021LETTER REPLY TO RESPONSE to Motion by Stephen Bannon addressed to Judge Analisa Torres from Robert J. Costello dated April 8, 2021 re 101 MOTION to Dismiss .. (Attachments: # 1 Exhibit Exhibit 1 to Stephen Bannon Reply Letter)(Costello, Robert) (Entered: 04/08/2021)
4/1/2021 RESPONSE to Motion by USA as to Stephen Bannon re: 101 MOTION to Dismiss .. (Roos, Nicolas) (Entered: 04/01/2021)
3/24/2021MEMO ENDORSEMENT 104 Motion to Modify Conditions of Release as to Andrew Badolato to travel to the Middle District of Tennessee between March 29, 2021, and April 6, 2021, as described above...ENDORSEMENT...Granted (Signed by Judge Analisa Torres on 3/24/21) (jw) (Entered: 03/24/2021)
3/24/2021 MOTION to Modify Conditions of Release . Document filed by Andrew Badolato as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. (Stein, Daniel) (Entered: 03/24/2021)
3/18/2021MEMORANDUM in Support by Stephen Bannon as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea re 101 MOTION to Dismiss .. (Costello, Robert) (Entered: 03/18/2021)
3/18/2021 MOTION to Dismiss . Document filed by Stephen Bannon as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. (Attachments: # 1 Affidavit Affidavit In Support of Defendant's Motion, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6)(Costello, Robert) (Entered: 03/18/2021)
3/16/2021ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The conference scheduled for March 23, 2021, is hereby ADJOURNED to May 3, 2021, at 1:00 p.m., and will proceed using the Courts videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 5 (S.D.N.Y. Mar. 11, 2021) (Criminal proceedings "cannot in all instances be conducted in person without seriously jeopardizing public health and safety... video teleconferencing, or telephone conferencing if video conferencing is not reasonably available, may be used in such proceedings with the consent of the defendant"). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conferencewhether in listen-only mode or otherwiseare reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Status Conference set for 5/3/2021 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 3/16/2021) (lnl) (Entered: 03/16/2021)
3/8/2021ORDER as to Stephen Bannon. By letters dated February 18 and March 1, 2021, ECF Nos. 88, 89, Defendant Stephen Bannon requests that the Court exonerate his bail and bail conditions in light of the pardon granted to him by former President Donald J. Trump, ECF No. 79. By letters dated February 25 and March 5, 2021, the Government indicates its consent to this request. ECF Nos. 86, 92. Accordingly, Bannons request is GRANTED. U.S. Pretrial Services or any other agency that has custody of Bannons passport is directed to return it to him. In addition, the Government agrees to return any of Bannon's personal property in its possession without evidentiary value. ECF Nos. 89, 92. Accordingly, Bannon's request for the return of such property is GRANTED. To the extent that such property has not yet been returned, the Government is directed to do so (Signed by Judge Analisa Torres on 3/8/21)(jw) (Entered: 03/08/2021)
3/8/2021MEMO ENDORSEMENT 95 LETTER MOTION Mr. Kolfage wishes to travel by automobile to Orlando, Florida, which is in the Middle District of Florida, with his wife and children for the children's spring break. They plan to leave for this trip on March 16 and return to his residence on March 20, 2021....ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Analisa Torres on 3/8/21) (jw) (Entered: 03/08/2021)
3/8/2021LETTER RESPONSE in Opposition by USA as to Brian Kolfage addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated March 8, 2021 re: 77 MOTION to Amend/Correct 64 Order,,. /Modify Post-Indictment Restraining Order and Request for Hearing. (Sobelman, Robert) (Entered: 03/08/2021)
3/5/2021 LETTER MOTION addressed to Judge Analisa Torres from Harvey A. Steinberg dated March 5, 2021 re: Request to Modify Pretrial Release Travel Condition . Document filed by Brian Kolfage. (Steinberg, Harvey) (Entered: 03/05/2021)
3/5/2021MEMO ENDORSEMENT as to Brian Kolfage granting 93 CONSENT LETTER MOTION addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated March 5, 2021 re: Leave to File Response. ENDORSEMENT: GRANTED. By March 11, 2021, the Government shall file its sur-reply. SO ORDERED. (Surreplies due by 3/11/2021) (Signed by Judge Analisa Torres on 3/5/2021) (lnl) (Entered: 03/05/2021)
3/5/2021CONSENT LETTER MOTION addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated March 5, 2021 re: Leave to File Response . Document filed by USA as to Brian Kolfage. (Sobelman, Robert) (Entered: 03/05/2021)
3/5/2021 LETTER by USA as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Alison Moe, Robert Sobelman, and Nicolas Roos dated March 5, 2021 re: response to March 1, 2021 letter Document filed by USA. (Moe, Alison) (Entered: 03/05/2021)
3/4/2021 REPLY MEMORANDUM OF LAW in Support as to Brian Kolfage re: 77 MOTION to Amend/Correct 64 Order,,. /Modify Post-Indictment Restraining Order and Request for Hearing . (Steinberg, Harvey) (Entered: 03/04/2021)
3/2/2021ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The trial scheduled for May 24, 2021, is ADJOURNED sine die. The Court, utilizing the procedures within this District governing the scheduling of jury trials during the COVID-19 pandemic, will seek to schedule a jury trial for the third calendar quarter of 2021. By April 15, 2021, the parties shall submit blackout dates for trial. SO ORDERED. (Signed by Judge Analisa Torres on 3/2/2021) (lnl) (Entered: 03/02/2021)
3/2/2021 LETTER by Stephen Bannon as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Robert J. Costello dated March 1, 2021 re: Stephen Bannon Document filed by Stephen Bannon. (Costello, Robert) (Entered: 03/02/2021)
3/2/2021 LETTER by Stephen Bannon as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Robert J. Costello dated February 18, 2021 re: Stephen Bannon Document filed by Stephen Bannon. (Costello, Robert) (Entered: 03/02/2021)
2/26/2021ORDER as to Stephen Bannon. The Court has reviewed Defendant Stephen Bannon's letter dated February 18, 2021 (the "Letter"), transmitted to the Court via email, and the Government's response, ECF No. 86. Accordingly, By March 5, 2021, Bannon shall file the Letter on the docket, or move to file it under seal; By March 19, 2021, Bannon shall file his motion to dismiss; By April 2, 2021, the Government shall file its opposition; and By April 9, 2021, Bannon shall file his reply, if any (Defendant Motions due by 3/19/2021., Defendant Replies due by 4/9/2021., Government Responses due by 4/2/2021) (Signed by Judge Analisa Torres on 2/26/21)(jw) (Entered: 02/26/2021)
2/25/2021 LETTER by USA as to Stephen Bannon addressed to Judge Analisa Torres from Nicolas Roos, Alison Moe, and Robert Sobelman dated February 25, 2021 re: Stephen Bannon's Request for Dismissal of the Indictment Document filed by USA. (Roos, Nicolas) (Entered: 02/25/2021)
2/24/2021Set/Reset Deadlines/Hearings as to Brian Kolfage: Defendant Replies due by 3/4/2021 (jw) (Entered: 02/24/2021)
2/24/2021MEMO ENDORSEMENT 82 LETTER MOTION We accordingly request that the Court permit Mr. Kolfage until March 4, 2021 to file a reply to the Governments opposition and in further support of his motion re: 82 LETTER MOTION addressed to Judge Analisa Torres from Harvey A. Steinberg dated February 23, 2021 re: 80 Memorandum in Opposition to Motion re: Request for Enlargement of Time to File Reply RE: Motion to Modify Restraining Order ...ENDORSEMENT..Granted. By March 4, 2021, Defendant Kolfage shall reply to Government's opposition to his motion to modify the post-indictment restraining order (Signed by Judge Analisa Torres on 2/24/21) (jw) (Entered: 02/24/2021)
2/24/2021 LETTER MOTION addressed to Judge Analisa Torres from Harvey A. Steinberg dated February 23, 2021 re: 80 Memorandum in Opposition to Motion re: Request for Enlargement of Time to File Reply RE: Motion to Modify Restraining Order . Document filed by Brian Kolfage. (Steinberg, Harvey) (Entered: 02/24/2021)
2/18/2021ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The conference scheduled for February 22, 2021, is hereby ADJOURNED to March 23, 2021, at 1:00 p.m., and will proceed using the Court's videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 4 (S.D.N.Y. Dec. 18, 2020) (Criminal proceedings "cannot be conducted in person without seriously jeopardizing public health and safety, and thus video teleconferencing, or telephone conferencing if video conferencing is not reasonably available, may be used in such proceedings with the consent of the defendant"). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conferencewhether in listen-only mode or otherwiseare reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Status Conference set for 3/23/2021 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 2/18/2021) (lnl) (Entered: 02/18/2021)
2/18/2021MEMORANDUM in Opposition by USA as to Brian Kolfage re 77 MOTION to Amend/Correct 64 Order,,. /Modify Post-Indictment Restraining Order and Request for Hearing. (Sobelman, Robert) (Entered: 02/18/2021)
2/4/2021ORDER as to Brian Kolfage on re: 77 The Court has reviewed Defendant Kolfage's motion to modify the post-indictment restraining order. ECF No. 77. By February 18, 2021, the Government shall respond (Government Responses due by 2/18/2021) (Signed by Judge Analisa Torres on 2/4/21)(jw) (Entered: 02/04/2021)
2/3/2021 MOTION to Amend/Correct 64 Order,,. /Modify Post-Indictment Restraining Order and Request for Hearing Document filed by Brian Kolfage. (Attachments: # 1 Exhibit Declaration of Brian Kolfage)(Steinberg, Harvey) (Entered: 02/03/2021)
1/19/2021 Full and Unconditional Pardon by USA as to Stephen Bannon. The President of the United States has GRANTED unto Stephen Bannon a Full and unconditional Pardon for offenses charged in the Unites States District Court for the Southern District of New York in indictment 20cr412. For any other offenses under Chapter 95 of Title 18, United States Code that might arise, or be charged, in connection with the offenses alleged in the aforementioned indictment in the United States District Court for the Southern District of New York, or any other federal jurisdiction. The President has designated, directed and empowered the Acting Pardon Attorney, as his representative to execute this grant of executive clemency. (jm) (Entered: 02/11/2021)
1/8/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. Notice is hereby given that an official transcript of a Conference proceeding held on 12/17/20 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: 01/08/2021)
1/8/2021TRANSCRIPT of Proceedings as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea re: Conference held on 12/17/20 before Judge Analisa Torres. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/29/2021. Redacted Transcript Deadline set for 2/8/2021. Release of Transcript Restriction set for 4/8/2021. (McGuirk, Kelly) (Entered: 01/08/2021)
1/8/2021USCA Case Number 20-4274 from the USCA 2nd Circuit as to Brian Kolfage, assigned to 73 Notice of Appeal - Final Judgment filed by Kris Kobach, We Build the Wall, Inc. (tp) (Entered: 01/08/2021)
1/7/2021USCA Appeal Fees received $ 505.00, receipt number 465401271433 as to Brian Kolfage re: 73 Notice of Appeal - Final Judgment, filed by Kris Kobach, We Build the Wall, Inc. (tp) (Entered: 01/07/2021)
12/28/2020INTERNET CITATION NOTE as to Brian Kolfage: Material from decision with Internet citation re: 63 Order, Terminate Motions. (sjo) (Entered: 12/28/2020)
12/28/2020Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to 73 Notice of Appeal by Kris Kobach, We Build the Wall, Inc. were transmitted to the U.S. Court of Appeals. (nd) (Entered: 12/28/2020)
12/28/2020Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 73 Notice of Appeal by Kris Kobach, We Build the Wall, Inc.. (nd) (Entered: 12/28/2020)
12/27/2020Appeal Remark as to We Build the Wall, Inc., and Kris Kobach, nonpartymovants re: 73 Notice of Appeal. $505.00 APPEAL FILING FEE DUE. (nd) (Entered: 12/28/2020)
12/27/2020NOTICE OF APPEAL by Kris Kobach, We Build the Wall, Inc. from 63 Order. (nd) (Entered: 12/28/2020)
12/18/2020CONSENT TO PROCEED BY VIDEOCONFERENCE as to Timothy Shea. This proceeding was conducted by reliable videoconferencing technology. (Signed by Judge Analisa Torres on 12/18/2020)(bw) (Entered: 12/18/2020)
12/17/2020CONSENT TO PROCEED BY VIDEOCONFERENCE as to Stephen Bannon. (Signed by Judge Analisa Torres on 12/17/2020) (ap) (Entered: 12/17/2020)
12/17/2020CONSENT TO PROCEED BY VIDEOCONFERENCE as to Brian Kolfage. (Signed by Judge Analisa Torres on 12/17/2020) (ap) (Entered: 12/17/2020)
12/17/2020CONSENT TO PROCEED BY VIDEOCONFERENCE as to Andrew Badolato. (Signed by Judge Analisa Torres on 12/17/2020) (ap) (Entered: 12/17/2020)
12/17/2020ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, Pub. L. No 116182, 134 Stat. 894 (Oct. 21, 2020), to confirm the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations (Signed by Judge Analisa Torres on 12/17/2020) (See ORDER set forth) (ap) (Entered: 12/17/2020)
12/17/2020Minute Entry for proceedings held before Judge Analisa Torres: Status Conference as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea held on 12/17/2020. Status Conference held for Defendants via videoconference. AUSA Robert Sobelman present for the the Government via video. Defense counsel Harvey Steinberg present with Defendant Brian Kolfage; defense counsel William Burck present with Defendant Stephen Bannon; defense counsel Daniel Stein present with Defendant Andrew Badolato; CJA attorney John Meringolo present with Defendant Timothy Shea all via video. Counsel Robert Costello present via video. Court reporter present via audio. William Burck and Daniel Koffmanns motion to withdraw as counsel for Defendant Bannon, ECF No. 55, is GRANTED for the reasons stated on the record. William Burck is relieved as counsel of record for Defendant Bannon, and Robert Costello is substituted as counsel of record. Status conference set for February 22, 2021, at 1:00 p.m., at which time Defendants shall indicate if they plan to file any motions. Time continues to be excluded under the Speedy Trial Act until May 24, 2021, for the reasons stated on the record. (Status Conference set for 2/22/2021 at 01:00 PM before Judge Analisa Torres ) (ap) (Entered: 12/17/2020)
12/15/2020NON-PARTIES' MOTION TO MODIFY SEALED POST-INDICTMENT RESTRAINING ORDER, OR FOR DISCLOSURE AND A HEARING. Document filed by Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. (Previously filed under seal) (ap) (Entered: 12/15/2020)
12/15/2020DECLARATION of JUSTIN S. WEDDLE IN SUPPORT OF MOTION TO MODIFY OR FOR DISCLOSURE AND A HEARING as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea re: 61 LETTER MOTION addressed to Judge Analisa Torres from Harvey A. Steinberg dated December 4, 2020 re: Disclosure of Non-Parties' Motion to Modify Restraining Order. (Previously filed under seal) (ap) Modified on 12/15/2020 (ap). (Additional attachment(s) added on 2/26/2021: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (bw). (Entered: 12/15/2020)
12/15/2020ENDORSED LETTER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Wedale, PLLC dated 10/13/2020 re: Party writes for permission to file certain documents under seal.ENDORSEMENT: Granted. Non-parties Krish Kobach and We build the Wall, Inc. shall file their proposed motion to modify the order and supporting documents under seal. (Signed by Judge Analisa Torres on 10/13/2020) (Previously filed under seal) (ap) (Entered: 12/15/2020)
12/14/2020POST-INDICTMENT RESTRAINING ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: upon a finding of probable cause, that the Subject Property, defined below, are subject to restraint and forfeiture as proceeds of a conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1343, and/or property involved in money laundering, in violation of Title 18, United States Code, § 1956. (Filed under seal on 8/24/20) (Signed by Judge Analisa Torres on 8/24/20)(jm) (Entered: 12/15/2020)
12/14/2020Transmission to Sealed Records Clerk: as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. Transmitted re: 63 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (ap) (Entered: 12/14/2020)
12/14/2020ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: Shea's motion to transfer is DENIED. We Build the Wall and Kobach's motion to intervene and to unseal the Restraining Order Application and the Pittenger Affidavit is DENIED. The Restraining Order shall be UNSEALED. The Clerk of Court is directed to unseal: (1) the Restraining Order and (2) We Build the Wall's motion, ECF No. 38. The Clerk of Court is further directed to terminate the motions at ECF Nos. 38 and 44. (Signed by Judge Analisa Torres on 12/14/2020) (ap) (Entered: 12/14/2020)
12/11/2020NOTICE OF ATTORNEY APPEARANCE: Robert Joseph Costello appearing for Stephen Bannon. Appearance Type: Retained. (Costello, Robert) (Entered: 12/11/2020)
12/7/2020 LETTER MOTION addressed to Judge Analisa Torres from Harvey A. Steinberg dated December 4, 2020 re: Disclosure of Non-Parties' Motion to Modify Restraining Order . Document filed by Brian Kolfage. (Steinberg, Harvey) (Entered: 12/07/2020)
12/7/2020ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The conference scheduled for December 16, 2020, is hereby ADJOURNED to December 17, 2020, at 1:00 p.m., and will proceed using the Court's videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 2 (S.D.N.Y. Sept. 16, 2020) ("[C]onditions, which are unlikely to be alleviated in the near future, make it impossible for the judges in this District to conduct all criminal proceedings in person in the courthouses," including "[a]rraignments under Rule 10 of the Federal Rules of Criminal Procedure."). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conferencewhether in listen-only mode or otherwiseare reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Status Conference set for 12/17/2020 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 12/7/2020) (lnl) (Entered: 12/07/2020)
12/4/2020 LETTER by Kris Kobach, We Build the Wall, Inc. as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Justin S. Weddle dated December 4, 2020 re: Possible Video appearance if motion to be discussed at conference Document filed by Kris Kobach, We Build the Wall, Inc.. (Weddle, Justin) (Entered: 12/04/2020)
11/30/2020ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The conference scheduled for December 2, 2020, is hereby ADJOURNED to December 16, 2020, at 1:00 p.m., and will proceed using the Court's videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 2 (S.D.N.Y. Sept. 16, 2020) ("[C]onditions, which are unlikely to be alleviated in the near future, make it impossible for the judges in this District to conduct all criminal proceedings in person in the courthouses," including "[a]rraignments under Rule 10 of the Federal Rules of Criminal Procedure."). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conference whether in listen-only mode or otherwise are reminded that recording or rebroadcasting of the proceeding is prohibited by law. (Status Conference set for 12/16/2020 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 11/30/2020) (ap) Modified on 12/3/2020 (ap). (Entered: 11/30/2020)
11/29/2020LETTER RESPONSE to Motion by USA as to Stephen Bannon addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated November 29, 2020 re: 55 MOTION for William A. Burck and Daniel R. Koffmann to Withdraw as Attorney .. (Sobelman, Robert) (Entered: 11/29/2020)
11/25/2020DECLARATION of William A. Burck in Support as to Stephen Bannon re: 55 MOTION for William A. Burck and Daniel R. Koffmann to Withdraw as Attorney .. (Burck, William) (Entered: 11/25/2020)
11/25/2020 MOTION for William A. Burck and Daniel R. Koffmann to Withdraw as Attorney . Document filed by Stephen Bannon. (Burck, William) (Entered: 11/25/2020)
11/17/2020 REPLY MEMORANDUM OF LAW in Support as to Timothy Shea re: 44 FIRST MOTION to Transfer Case . . (Meringolo, John) (Entered: 11/17/2020)
11/13/2020NOTICE of limited appearance on behalf of non-party Kris Kobach as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea (Weddle, Justin) (Entered: 11/13/2020)
11/13/2020 REPLY MEMORANDUM OF LAW by Kris Kobach as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea re: 42 Memorandum of Law in Opposition filed by USA Re Request to Modify Restraining Order. (Weddle, Justin) (Entered: 11/13/2020)
11/13/2020ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: On November 2, 2020, the Court ordered non-parties Kris Kobach and We Build the Wall, Inc. (the Non-Parties) to file their reply brief to the Government's response at ECF No. 42 on the public docket by November 2, 2020. ECF No. 43. Due to the technical limitations of the electronic docket, Non-Parties were unable to do so, but provided the reply to the Court and the Government by e-mail on November 2, 2020. That e-mail shall be considered a timely reply pursuant to the Court's order. As soon as possible, Non-Parties shall file the reply brief on the public docket. (Signed by Judge Analisa Torres on 11/13/2020) (ap) (Entered: 11/13/2020)
11/12/2020ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: (Status Conference set for 12/2/2020 at 03:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 11/12/2020) (ap) (Entered: 11/12/2020)
11/12/2020MEMORANDUM in Opposition by USA as to Timothy Shea re 44 FIRST MOTION to Transfer Case .. (Sobelman, Robert) (Entered: 11/12/2020)
11/6/2020ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. On November 6, 2020, Defendant Bannon requested an adjournment of the status conference scheduled for November 9, 2020, to allow for his current counsel to withdraw and for him to retain new counsel. ECF No. 47. This request was unopposed. Id. The conference scheduled for November 6, 2020, is hereby ADJOURNED to December 2, 2020, at 1:00 p.m. using the Court's videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 2 (S.D.N.Y. Sept. 16, 2020) ("[C]onditions, which are unlikely to be alleviated in the near future, make it impossible for the judges in this District to conduct all criminal proceedings in person in the courthouses," including "[a]rraignments under Rule 10 of the Federal Rules of Criminal Procedure."). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conference whether in listen-only mode or otherwise are reminded that recording or rebroadcasting of the proceeding is prohibited by law. (Status Conference set for 12/2/2020 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 11/6/2020) (ap) Modified on 11/9/2020 (ap). (Entered: 11/06/2020)
11/6/2020 LETTER MOTION addressed to Judge Analisa Torres from William A. Burck dated November 6, 2020 re: Adjournment of Status Conference Scheduled for November 9, 2020 ., MOTION for Conference . Document filed by Stephen Bannon. (Burck, William) (Entered: 11/06/2020)
11/5/2020ORDER as to Timothy Shea: On November 5, 2020, Defendant Shea filed a motion to transfer. ECF No. 44. By November 12, 2020, the Government shall reply to this motion. The Government shall be prepared to state its position on the motion at the status conference scheduled for November 9, 2020. (Responses due by 11/12/2020) (Signed by Judge Analisa Torres on 11/5/2020) (ap) (Entered: 11/05/2020)
11/5/2020MEMORANDUM in Support by Timothy Shea re 44 FIRST MOTION to Transfer Case .. to Different Venue (Meringolo, John) (Entered: 11/05/2020)
11/5/2020FIRST MOTION to Transfer Case . Document filed by Timothy Shea. (Meringolo, John) (Entered: 11/05/2020)
11/2/2020ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: The Court has reviewed a letter dated October 29, 2020, submitted by non-parties We Build the Wall, Inc. and Kris Kobach (together, "Non-Parties"). By November 2, 2020, Non-Parties shall file their reply to the Governments opposition to their motion to modify the sealed post-indictment restraining order. Non-Parties shall file the reply on the public docket. (Signed by Judge Analisa Torres on 11/2/2020) (ap) (Entered: 11/02/2020)
10/27/2020 MEMORANDUM OF LAW in Opposition by USA as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea . (Sobelman, Robert) (Entered: 10/27/2020)
10/20/2020ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea: On October 20, 2020, counsel for Defendant Bannon requested an adjournment of the status conference scheduled for October 26, 2020, due to a scheduling conflict. ECF No. 40. This request was unopposed. Id. The conference scheduled for October 26, 2020, is hereby ADJOURNED to November 9, 2020, at 1:00 p.m. using the Court's videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 2 (S.D.N.Y. Sept. 16, 2020) ("[C]onditions, which are unlikely to be alleviated in the near future, make it impossible for the judges in this District to conduct all criminal proceedings in person in the courthouses," including "[a]rraignments under Rule 10 of the Federal Rules of Criminal Procedure."). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827. All of those accessing the conference whether in listen-only mode or otherwise are reminded that recording or rebroadcasting of the proceeding is prohibited by law. (Pretrial Conference set for 11/9/2020 at 01:00 PM before Judge Analisa Torres) (Signed by Judge Analisa Torres on 10/20/2020) (ap) Modified on 10/21/2020 (ap). (Entered: 10/20/2020)
10/20/2020 LETTER MOTION addressed to Judge Analisa Torres from William A. Burck dated October 20, 2020 re: 39 Order,,,, Set Deadlines/Hearings,,, re: Request for Adjournment of October 26 Status Conference . Document filed by Stephen Bannon. (Burck, William) (Entered: 10/20/2020)
10/19/2020ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. A status conference is scheduled in this action on October 26, 2020, at 1:00 p.m., using the Courts videoconferencing software. See In re Coronavirus/Covid-19 Pandemic, 20 Misc. 176, ECF No. 2 (S.D.N.Y. Sept. 16, 2020) ("[C]onditions, which are unlikely to be alleviated in the near future, make it impossible for the judges in this District to conduct all criminal proceedings in person in the courthouses, including "[a]rraignments under Rule 10 of the Federal Rules of Criminal Procedure.). To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 398-2342 or (215) 861-0674 and entering access code 5598827 (Signed by Judge Analisa Torres on 10/19/20)(jw) (Entered: 10/19/2020)
10/14/202038SEALED DOCUMENT placed in vault. (jus) (Entered: 10/14/2020)
9/18/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. Notice is hereby given that an official transcript of a Conference proceeding held on 8/31/2020 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: 09/18/2020)
9/18/2020TRANSCRIPT of Proceedings as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea re: Conference held on 8/31/2020 before Judge Analisa Torres. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/9/2020. Redacted Transcript Deadline set for 10/19/2020. Release of Transcript Restriction set for 12/17/2020. (McGuirk, Kelly) (Entered: 09/18/2020)
9/17/2020Appearance Bond Entered as to Andrew Badolato: s) 1. A $250,000 personal recognizance bond, co-signed by two financially responsible persons within two weeks. 2. Travel is restricted to the Middle District of Florida; the Southern District of New York, for puaposes of meeting with defense counsel or attending Court; the District of columbia, for purposes of meeting with defense counsel; and all necessary points between for travel, including travel by car. 3. The defendant must surrender all passports and refrain from making any new applications. 4. Supervision as directed by Pretrial Services. 5. The defendant is prohibited from raising funds on behalf of we Build the Wall or engaging in financial transactions involving We Build the Wall's funds. 6. The defendant may not have any contact with co-defendants or other individuals affiliated with We Build the Wall, except in the presence of defense counsel. 7. The defendant may not possess firearms and must surrender any firearms to Pretrial Services. [**Advice of Penalties and Sanctions attached.] (jbo) (Entered: 02/24/2021)
9/10/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. Notice is hereby given that an official transcript of a Conference proceeding held on 8/31/20 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: 09/10/2020)
9/10/2020TRANSCRIPT of Proceedings as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea re: Conference held on 8/31/20 before Judge Analisa Torres. Court Reporter/Transcriber: Michael McDaniel, (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 10/1/2020. Redacted Transcript Deadline set for 10/13/2020. Release of Transcript Restriction set for 12/9/2020. (McGuirk, Kelly) (Entered: 09/10/2020)
9/9/2020Appearance Bond Entered as to Brian Kolfage: $500,000 PERSONAL RECOGNIZANCE BOND; TO BE COSIGNED BY TWO FINANCIALLY RESPONSIBLE PERSONS WITHIN TWO WEEKS; Additional Conditions..... [**Advice of Penalties and Sanctions attached.] (jbo) (Entered: 03/11/2021)
9/9/2020 PROTECTIVE ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Analisa Torres on 9/9/2020)(ap) (Entered: 09/09/2020)
9/8/2020Appearance Bond Entered as to Timothy Shea: $250,000 personal recognizance bond; co-signed by two financially responsible persons within two weeks; Additional Conditions..... [**Advice of Penalties and Sanctions attached.] (jbo) (Entered: 03/23/2021)
8/31/2020Minute Entry for proceedings held before Judge Analisa Torres: Status Conference as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea held on 8/31/2020. Initial appearance held for Defendants via videoconference. AUSA Alison Moe present for the Government via video. Defense counsel Harvey Steinberg present with Defendant Brian Kolfage; defense counsel William Burck and Daniel Koffman present with Defendant Stephen Bannon; defense counsel Daniel Stein and Michael Heffernan present with Defendant Andrew Badolato; defense counsel John Meringolo present with Defendant Timothy Shea all via video. Pretrial Services Officer Francesca Tessier-Miller present via audio. Court reporter present via audio. Defendants Kolfage, Badolato, and Shea arraigned, and bail set. Government directed to produce first round of discovery by September 29, 2020, and thereafter on a rolling basis. Status conference set for October 26, 2020, at 1:00 p.m. Trial will commence on May 24, 2021. Time is excluded under the Speedy Trial Act until May 24, 2021, for the reasons stated on the record. (Status Conference set for 10/26/2020 at 01:00 PM before Judge Analisa Torres) (ap) Modified on 9/2/2020 (ap). (Entered: 09/01/2020)
8/31/2020MEMO ENDORSEMENT as to Brian Kolfage (1), Andrew Badolato (3), Timothy Shea (4) on 25 LETTER MOTION addressed to Judge Analisa Torres from Alison Moe dated August 29, 2020 re: bail conditions. ENDORSEMENT: GRANTED. For reasons stated on the record at the conference held on August 31, 2020, bail is set for Defendants Brian Kolfage, Andrew Badolato, andTimothy Shea as described above. SO ORDERED. (Signed by Judge Analisa Torres on 8/31/2020) (lnl) (Entered: 08/31/2020)
8/31/2020CONSENT TO PROCEED BY VIDEOCONFERENCE as to Timothy Shea. (Signed by Judge Analisa Torres on 8/31/2020) (lnl) (Entered: 08/31/2020)
8/31/2020CONSENT TO PROCEED BY VIDEOCONFERENCE as to Brian Kolfage. (Signed by Judge Analisa Torres on 8/31/2020) (lnl) (Entered: 08/31/2020)
8/31/2020CONSENT TO PROCEED BY VIDEOCONFERENCE as to Stephen Bannon. (Signed by Judge Analisa Torres on 8/31/2020) (lnl) (Entered: 08/31/2020)
8/31/2020CONSENT TO PROCEED BY VIDEOCONFERENCE as to Andrew Badolato. (Signed by Judge Analisa Torres on 8/31/2020) (lnl) (Entered: 08/31/2020)
8/31/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Stephen Bannon. Notice is hereby given that an official transcript of a Arraignment proceeding held on 8/20/2020 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: 08/31/2020)
8/31/2020TRANSCRIPT of Proceedings as to Stephen Bannon re: Arraignment held on 8/20/2020 before Magistrate Judge Stewart D. Aaron. 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 9/21/2020. Redacted Transcript Deadline set for 10/1/2020. Release of Transcript Restriction set for 11/30/2020. (McGuirk, Kelly) (Entered: 08/31/2020)
8/29/2020 LETTER MOTION addressed to Judge Analisa Torres from Alison Moe dated August 29, 2020 re: bail conditions . Document filed by USA as to Brian Kolfage, Andrew Badolato, Timothy Shea. (Moe, Alison) (Entered: 08/29/2020)
8/28/2020NOTICE OF ATTORNEY APPEARANCE: Kelly Bain Kramer appearing for Andrew Badolato. Appearance Type: Retained. (Kramer, Kelly) (Entered: 08/28/2020)
8/28/2020NOTICE OF ATTORNEY APPEARANCE: Michael Paul Heffernan appearing for Andrew Badolato. Appearance Type: Retained. (Heffernan, Michael) (Entered: 08/28/2020)
8/28/2020 LETTER by USA as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea addressed to Judge Analisa Torres from Assistant United States Attorney Robert B. Sobelman dated August 28, 2020 re: Local Rule 23.1 Document filed by USA. (Sobelman, Robert) (Entered: 08/28/2020)
8/28/2020NOTICE OF ATTORNEY APPEARANCE: Daniel Lawrence Stein appearing for Andrew Badolato. Appearance Type: Retained. (Stein, Daniel) (Entered: 08/28/2020)
8/28/2020NOTICE OF ATTORNEY APPEARANCE: John C. Meringolo appearing for Timothy Shea. Appearance Type: Retained. (Meringolo, John) (Entered: 08/28/2020)
8/24/202019ORDER granting 17 Motion for Harvey A. Steinberg to Appear Pro Hac Vice as to Brian Kolfage. (Signed by Judge Analisa Torres on 8/24/2020) (ah) (Entered: 08/24/2020)
8/24/2020ORDER as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. It is hereby ORDERED that the Court will hold an initial appearance in this action on August 31, 2020, at 1:00 p.m., using the Court's videoconferencing software. See In re Coronavirus/Covid-19Pandemic, 20 Misc. 176, ECF No. 2 (S.D.N.Y. Jun. 24, 2020) ("[C]onditions make it necessary for the judges in this District to continue to conduct proceedings remotely, by videoconference or teleconference," including "[a]rraignments under Rule 10 of the Federal Rules of Criminal Procedure."). Chambers will provide the parties with instructions on how to appear via video. To optimize the quality of the video feed, only the Court, Defendants, defense counsel, and counsel for the Government will appear by video for the proceeding. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888)398-2342 or (215)861-0674 and entering access code 5598827. All of those accessing the conference---whether in listen-only mode or otherwise---are reminded that recording or rebroadcasting of the proceeding is prohibited by law. SO ORDERED. (Signed by Judge Analisa Torres on 8/24/2020)(bw) (Entered: 08/24/2020)
8/24/2020>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for Harvey A. Steinberg to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) (Entered: 08/24/2020)
8/22/2020 MOTION for Harvey A. Steinberg to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brian Kolfage. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Proposed Order re Motion for Pro Hac Vice)(Steinberg, Harvey) Receipt No. ANYSDC21282779 $200 Modified on 8/24/2020 (vba). (Entered: 08/22/2020)
8/21/2020Rule 5(c)(3) Documents Received as to Andrew Badolato from the United States District Court - Middle District of Florida. (Attachments: # 1 docs, # 2 docs, # 3 docs, # 4 docs, # 5 docs, # 6 docs)(jm) (Entered: 08/21/2020)
8/21/2020Rule 5(c)(3) Documents Received as to Timothy Shea from the United States District Court - District of Colorado. (jm) (Entered: 08/21/2020)
8/21/2020Attorney update in case as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. Attorney Alison Gainfort Moe,Robert Benjamin Sobelman for USA added. (jm) (Entered: 08/21/2020)
8/20/2020Appearance Bond Entered as to Stephen Bannon: $5 MILLION PRB; TO BE COSIGNED BY 2 FINANCIALLY RESPONSIBLE PERSONS; SECURED BY $1.75 MILLION CASH/PROPERTY OR REAL PROPERTY; TRAVEL RESTRICTED TO SDNY/EDNY/DDC/MD/EDVA AND DCT, POINTS BETWEEN RESIDENCE AND SDNY FOR TRAVEL TO COURT; SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS); PRETRIAL SUPERVISION AS DIRECTED BY PRETRIAL SERVICES; DEFT TO BE RELEASED ON OWN SIGNATURE; REMAINING CONDITIONS TO BE MET BY 9/3/20. ADDITIONAL CONDITIONS..... [**Advice of Penalties and Sanctions attached.] (jbo) (Main Document 83 replaced on 3/31/2021) (jbo). (Entered: 02/24/2021)
8/20/2020Arrest of Andrew Badolato in the United States District Court - Middle District of Florida. (jm) (Entered: 08/21/2020)
8/20/2020Arrest of Timothy Shea. (jm) (Entered: 08/21/2020)
8/20/2020CONSENT TO PROCEED BY VIDEOCONFERENCE by (20-Cr-412-2) Stephen Bannon. This proceeding was conducted by reliable videoconferencing technology. (Signed by Magistrate Judge Stewart D. Aaron on 8/20/2020) (bw) (Entered: 08/20/2020)
8/20/2020WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING by (20-Cr-412-2) Stephen Bannon. (Accepted by Magistrate Judge Stewart D. Aaron on 8/20/2020) (bw) (Entered: 08/20/2020)
8/20/2020ORAL ORDER as to (20-Cr-412-2) Stephen Bannon. Time excluded from 8/20/2020 until 8/31/2020. Status Conference set for 8/31/2020 at 01:00 PM before Judge Analisa Torres. (By Magistrate Judge Stewart D. Aaron on 8/20/2020) (bw) (Entered: 08/20/2020)
8/20/2020Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Arraignment as to Stephen Bannon (2) Count 1,2 held on 8/20/2020. Plea entered by Stephen Bannon (2) Count 1,2 -- Not Guilty. (bw) (Entered: 08/20/2020)
8/20/2020Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Initial Appearance as to (20-Cr-412-2) Stephen Bannon held on 8/20/2020. Date of Arrest: 8/20/2020, on writ. AUSA Robert Sobelman/Nicolas Roos. Defense Counsel (Retained): Daniel Koffmann/William Burck. Proceeding: Rule 9. BAIL DISPOSITION: Agreed conditions of release; $5 million PRB; 2 FRP; Secured by $1.75 million cash/property: or real property. Travel restricted to SDNY/EDNY/DDC, MD, EDVA and DCT, Points between residence and SDNY for travel to court; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Defendant to be released on own signature; Remaining conditions to be met by 9/3/2020. No international travel. No use of private air travel, airplanes or private yachts or boats. w/o expressed permission of the Court. No contact with co-defendants or others associated with We Build The Wall ("WBTW"). No raising money for WBTW or moving money in or out of WBTW accounts. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 8/31/2020 at 1 PM. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 8/31/2020. (bw) (Entered: 08/20/2020)
8/20/2020NOTICE OF ATTORNEY APPEARANCE: Daniel Rickert Koffmann appearing for Stephen Bannon (2). (bw) (Entered: 08/20/2020)
8/20/2020NOTICE OF ATTORNEY APPEARANCE: William A. Burck appearing for Stephen Bannon (2). (bw) (Entered: 08/20/2020)
8/20/2020Arrest of Stephen Bannon (2). (bw) (Entered: 08/20/2020)
8/20/2020NOTICE OF ATTORNEY APPEARANCE Robert Benjamin Sobelman appearing for USA. (Sobelman, Robert) (Entered: 08/20/2020)
8/20/2020Attorney update in case as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. Attorney Nicolas Tyler Landsman Roos for USA added. (jm) (Entered: 08/20/2020)
8/20/2020Case as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea ASSIGNED to Judge Analisa Torres. (jm) (Entered: 08/20/2020)
8/20/2020Case Designated ECF as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. (jm) Modified on 8/20/2020 (jm). (Entered: 08/20/2020)
8/20/2020INDICTMENT UNSEALED as to Brian Kolfage, Stephen Bannon, Andrew Badolato, Timothy Shea. (jm) (Entered: 08/20/2020)
8/20/2020Order to Unseal Indictment as to Sealed Defendant, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4. (Signed by Magistrate Judge Stewart D. Aaron on 8/20/20)(jm) (Entered: 08/20/2020)
8/19/20201SEALED DOCUMENT placed in vault. (mhe) (Entered: 08/20/2020)
8/17/2020SEALED INDICTMENT as to Sealed Defendant (1) count(s) 1, 2, Sealed Defendant 2 (2) count(s) 1, 2, Sealed Defendant 3 (3) count(s) 1, 2, Sealed Defendant 4 (4) count(s) 1, 2. (jm) (Entered: 08/20/2020)