USA v. HAYES

1:20-cr-00500 | New York Southern District Court

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Division Foley Square
Judge Judge John G. Koeltl
Filed Sept. 21, 2020
Terminated Nov. 18, 2022
Case Flags CLOSED and ECF
Last Updated: 1 week ago Show Interactive Timeline
Filing Date # Docket Text
3/27/2025 Executive Grant of Clemency by USA as to Gregory Dwyer. The President of the United States grants a full and unconditional pardon for those offenses against the United States individually enumerated and set before the President for consideration and remission of any and all fines, penalties, forfeitures, and restitution ordered by the Court. (jm) (Entered: 04/08/2025)
3/27/2025 Executive Grant of Clemency by USA as to Benjamin Delo. The President of the United States grants a full and unconditional pardon for those offenses against the United States individually enumerated and set before the President for consideration and remission of any and all fines, penalties, forfeitures, and restitution ordered by the Court. (jm) (Entered: 04/08/2025)
3/27/2025 Executive Grant of Clemency by USA as to Samuel Reed. The President of the U. S. Grants a full and unconditional pardon For those offenses against the United States individually enumerated and set before the President for consideration and remission of any and all fines, penalties, forfeitures, and restitution ordered by the court. (jm) (Entered: 04/08/2025)
3/27/2025 Executive Grant of Clemency by USA as to Arthur Hayes. The President of the U. S. grants a full and unconditional pardon for those offenses against the United States individually and set before the President for consideration and remission of any and all fines, penalties, forfeitures and restitution ordered by the Court. (jm) (Entered: 04/08/2025)
3/23/2023441SEALED DOCUMENT placed in vault. (jus) (Entered: 03/23/2023)
3/23/2023SENTENCING SUBMISSION by Arthur Hayes. (Benjamin, James) (Entered: 03/23/2023)
3/20/2023Transmission to Sealed Records Clerk: as to Arthur Hayes (1). Transmitted re: 439 MEMO ENDORSEMENT, to the Sealed Records Clerk for the sealing of document(s). (bw) (Entered: 03/20/2023)
3/20/2023
  • OrderGranted
MEMO ENDORSEMENT granting 438 LETTER MOTION filed by Arthur Hayes (1), addressed to Judge John G. Koeltl from Attorney James Joseph Benjamin, Jr. dated March 17, 2023 re: Request to File Under Seal. ENDORSEMENT: (1) Application to file the redacted version of the attached letter is granted. SO ORDERED. (Signed by Judge John G. Koeltl on 3/17/2023) (bw) (Entered: 03/20/2023)
3/17/2023
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated March 17, 2023 re: Request to File Under Seal . Document filed by Arthur Hayes. (Attachments: # 1 Exhibit Redacted Copy of Letter)(Benjamin, James) (Entered: 03/17/2023)
2/2/2023
  • OrderGranted
MEMO ENDORSEMENT granting 436 LETTER MOTION filed by Gregory Dwyer (4), addressed to Judge John G. Koeltl from Attorney Jenna M. Dabbs dated February 1, 2023 re: exoneration of bail.... In compliance with the conditions of release set by the Court, Mr. Dwyer executed a $2,000,000 appearance bond secured by $1,000,000, in cash and property. (ECF No. 306.) Specifically, the appearance bond is secured by cash Mr. Dwyer transferred into an attorney escrow account and a lien placed on Mr. Dwyer's family property. The appearance bond provides that the bond shall be satisfied and the security released when the defendant reports to serve a sentence. Id. at 2. On August 8, 2022, Mr. Dwyer entered a plea of guilty to Count I of the Indictment (ECF No. 2), pursuant to a plea agreement. On November 16, 2022, the Court sentenced Mr. Dwyer to one (1) year probation and required him to pay a $150,000 fine, a $100 special assessment, and report to the Probation Department within seventy-two hours. (ECF No. 426, Dwyer Sentencing Tr. 14:3-15:9; see also ECF No. 422, Judgment at 2.) Mr. Dwyer first reported to the Probation Department on Friday, November 18, and was asked by the Probation Department to return on Tuesday, November 22. Mr. Dwyer returned to the Probation Department on November 22 and also paid the special assessment of $100 that same day. On January 24, 2023, the Court approved the provision by the Clerk's office of wire instructions to Counsel for Mr. Dwyer in order to facilitate payment of the $150,000 fine. (ECF No. 435.) Upon receipt of the order, Counsel for Mr. Dwyer promptly wired the funds to the United States Government. The Clerk's office has confirmed receipt of the payment. Accordingly, having satisfied these requirements and pursuant to the terms of the appearance bond, we respectfully request that the Court order the exoneration and release of bail, so that the cash being held in escrow may be returned to Mr. Dwyer, and the lien placed on Mr. Dwyer's family property may be removed. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: (Signed by Judge John G. Koeltl on 2/2/2023) (bw) (Entered: 02/02/2023)
2/1/2023
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Jenna M. Dabbs dated February 1, 2023 re: exoneration of bail . Document filed by Gregory Dwyer. (Dabbs, Jenna) (Entered: 02/01/2023)
1/24/2023
  • OrderGranted
MEMO ENDORSEMENT granting 434 LETTER MOTION filed by Gregory Dwyer (4), addressed to Judge John G. Koeltl from Attorney Jenna M. Dabbs dated January 23, 2023 re: request for approval of provision by the Clerk's office of wire instructions to facilitate payment of fine. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: (Signed by Judge John G. Koeltl on 1/24/2023) (bw) (Entered: 01/24/2023)
1/23/2023
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Jenna M. Dabbs dated January 23, 2023 re: request for approval of provision by the Clerk's office of wire instructions to facilitate payment of fine . Document filed by Gregory Dwyer. (Dabbs, Jenna) (Entered: 01/23/2023)
1/20/2023
  • Motion to Withdraw as CounselGranted
MEMO ENDORSEMENT as to Gregory Dwyer (4) granting 431 MOTION for Justin Horton to Withdraw as Attorney. Justin Richard Horton withdrawn from case. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 1/20/2023) (ap) (Entered: 01/20/2023)
1/19/2023DECLARATION of Justin Horton in Support as to Gregory Dwyer re: 431 MOTION for Justin Horton to Withdraw as Attorney .. (Horton, Justin) (Entered: 01/19/2023)
1/19/2023
  • Motion to Withdraw as Counsel
MOTION for Justin Horton to Withdraw as Attorney . Document filed by Gregory Dwyer. (Horton, Justin) (Entered: 01/19/2023)
12/5/2022
  • Order
MEMO ENDORSEMENT as to Arthur Hayes on re: 429 We respectfully request that the same change be made to Messrs, Hayes, Delo, and Reed's Standard Condition of Supervision Number 8, so that they, correspondingly, may have contact with Mr. Dwyer for business purposes...ENDORSEMENT...Application Granted. SO ORDERED (Signed by Judge John G. Koeltl on 12/5/22)(jw) (Entered: 12/06/2022)
12/5/2022 LETTER by Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from Katherine R. Goldstein dated December 5, 2022 re: Standard Condition of Supervision Number 8 and Greg Dwyer (Goldstein, Katherine) (Entered: 12/05/2022)
12/3/2022
  • Order
MEMO ENDORSEMENT 425 LETTER MOTION addressed to Judge John G. Koeltl from Jenna M. Dabbs dated December 2, 2022 re: 422 Judgment,, re: modification of conditions of probation....ENDORSEMENT..The search condition as a condition of Probation is stricken (Signed by Judge John G. Koeltl on 12/3/22) (jw) (Entered: 12/05/2022)
12/2/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gregory Dwyer. Notice is hereby given that an official transcript of a Sentence proceeding held on 11/16/2022 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: 12/02/2022)
12/2/2022TRANSCRIPT of Proceedings as to Gregory Dwyer re: Sentence held on 11/16/2022 before Judge John G. Koeltl. 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 12/23/2022. Redacted Transcript Deadline set for 1/3/2023. Release of Transcript Restriction set for 3/2/2023. (McGuirk, Kelly) (Entered: 12/02/2022)
12/2/2022
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Jenna M. Dabbs dated December 2, 2022 re: 422 Judgment,, re: modification of conditions of probation . Document filed by Gregory Dwyer. (Dabbs, Jenna) (Entered: 12/02/2022)
11/29/2022424SEALED DOCUMENT placed in vault. (jus) (Entered: 11/29/2022)
11/22/2022
  • Order
ORDER as to (20-Cr-500-4) Gregory Dwyer. The Court, in imposing sentence, allowed the defendant to have his primary residence outside the United States during his period of one year probation. Therefore, the defendant may retrieve his passport from Pretrial Services. SO ORDERED. (Signed by Judge John G. Koeltl on 11/18/2022)(bw) (Entered: 11/22/2022)
11/18/2022FILED JUDGMENT IN A CRIMINAL CASE as to Gregory Dwyer (4), Pleaded guilty to Count(s) 1, Probation for a term of One Year. Count(s) 2 is dismissed on the motion of the US. The defendant shall cooperate with the immigration authorities and comply with all immigration laws. The defendant is allowed to travel internationally. The defendant is allowed to maintain his primary residence abroad. The defendant is allowed contact with his co-defendants for business purposes. The defendant shall pay a fine of $150,000, which has already been paid. Special Assessment of $100 which shall be due immediately. The fine has already been paid. (Signed by Judge John G. Koeltl on 11/18/22)(jw) (Entered: 11/18/2022)
11/18/2022DISMISSAL OF COUNTS on Government Motion as to Gregory Dwyer (4) Count 2. (jw) (Entered: 11/18/2022)
11/16/2022Minute Entry for proceedings held before Judge John G. Koeltl: Sentencing held on 11/16/2022 for Gregory Dwyer (4) Count 1. Deft Dwyer pres w/atty Jenna Dabbs. AUSA Samuel Raymond. Reporter Sadie Herbert. Deft Dwyer sentenced to one (1) year probation; $150,000 fine (already paid); $100 S/A. (jbo) (Entered: 11/17/2022)
11/16/2022Sentencing Letter by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Raymond, Samuel) (Entered: 11/16/2022)
11/10/2022420SEALED DOCUMENT placed in vault. (jus) (Entered: 11/10/2022)
11/9/2022
  • Order
MEMO ENDORSEMENT as to Arthur Hayes (1) granting 418 ETTER MOTION addressed to Judge John G. Koeltl from James Joseph Banjamin, Jr. dated November 9, 2022 re: request to file under seal. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 11/9/2022) (ap) (Entered: 11/10/2022)
11/9/2022Minute Entry for proceedings held before Judge John G. Koeltl: As to Gregory Dwyer: Sentencing set for 11/16/2022 at 11:00am adjourned to 04:30 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Fletcher, Donnie) (Entered: 11/09/2022)
11/9/2022
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from James Joseph Banjamin, Jr. dated November 9, 2022 re: request to file under seal . Document filed by Arthur Hayes. (Attachments: # 1 Exhibit Redacted Copy of Letter)(Benjamin, James) (Entered: 11/09/2022)
11/8/2022Minute Entry for proceedings held before Judge John G. Koeltl: As to Gregory Dwyer: Sentencing set for 11/10/2022 adjourned to 11/16/2022 at 11:00 AM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Fletcher, Donnie) (Entered: 11/08/2022)
11/8/2022Minute Entry for proceedings held before Judge John G. Koeltl: As to Gregory Dwyer: Sentencing set for 11/10/2022 at 4:30 PM advanced to 11:00 AM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Fletcher, Donnie) (Entered: 11/08/2022)
11/4/2022REQUEST FOR COURT ACTION/DIRECTION as to Samuel Reed. (ap) (Entered: 11/04/2022)
11/4/2022TRANSFER OUT SUPERVISED RELEASE DOCUMENTS SENT as to Samuel Reed to the U.S.D.C. District of Massachusetts. The following documents were emailed: Copy of the Transfer of Jurisdiction Form, copy of the indictment/information, copy of the docket sheet, copy of Judgment and letter of acknowledgment. (ap) (Entered: 11/04/2022)
11/4/2022Supervised Release Jurisdiction Transferred Out to the U.S.D.C. District of Massachusetts as to Samuel Reed. (ap) (Entered: 11/04/2022)
10/27/2022SENTENCING SUBMISSION by Gregory Dwyer. (Attachments: # 1 Exhibit A - F - support letters)(Dabbs, Jenna) (Entered: 10/27/2022)
10/20/2022PROBATION FORM 22 (Transfer of Jurisdiction) as to (20-Cr-500-3) Samuel Reed. IT IS HEREBY ORDERED that pursuant to 18 U.S.C. 3605 the jurisdiction of the probationer or supervised releasee named above be transferred with the records of the Court to the United States District Court for the District of Massachusetts upon that Court's order of acceptance of jurisdiction. This Court hereby expressly consents that the period of probation or supervised release may be changed by the District Court to which this transfer is made without further inquiry of this Court.* (Signed by Judge John G. Koeltl on 10/19/2022) [*** NOTE: Awaiting acceptance by the District of Massachusetts. No documents sent. ***] (bw) (Entered: 10/20/2022)
10/20/2022JUDICIAL REsPSONSE as to (20-Cr-500-3) Samuel Reed. THE COURT ORDERS: Transfer of Jurisdiction to the District of Massachusetts APPROVED. (Signed by Judge John G. Koeltl on 10/19/2022)(bw) (Entered: 10/20/2022)
9/30/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arthur Hayes. Notice is hereby given that an official transcript of a Hearing proceeding held on 4/9/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (js) (Entered: 09/30/2022)
9/30/2022TRANSCRIPT of Proceedings as to Arthur Hayes re: Hearing held on 4/9/2021 before Magistrate Judge Stewart D. Aaron. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771, 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 10/21/2022. Redacted Transcript Deadline set for 10/31/2022. Release of Transcript Restriction set for 12/29/2022. (js) (Entered: 09/30/2022)
9/16/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gregory Dwyer. Notice is hereby given that an official transcript of a Conference proceeding held on 8/8/22 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: 09/16/2022)
9/16/2022TRANSCRIPT of Proceedings as to Gregory Dwyer re: Conference held on 8/8/22 before Judge John G. Koeltl. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/7/2022. Redacted Transcript Deadline set for 10/17/2022. Release of Transcript Restriction set for 12/15/2022. (Moya, Goretti) (Entered: 09/16/2022)
9/12/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gregory Dwyer. Notice is hereby given that an official transcript of a Hearing proceeding held on 10/20/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (js) (Entered: 09/12/2022)
9/12/2022TRANSCRIPT of Proceedings as to Gregory Dwyer re: Hearing held on 10/20/2021 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771, 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 10/3/2022. Redacted Transcript Deadline set for 10/13/2022. Release of Transcript Restriction set for 12/12/2022. (js) (Entered: 09/12/2022)
9/12/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Benjamin Delo. Notice is hereby given that an official transcript of a Hearing proceeding held on 3/15/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (js) Modified on 9/12/2022 (js). (Entered: 09/12/2022)
9/12/2022TRANSCRIPT of Proceedings as to Benjamin Delo re: Hearing held on 3/15/2021 before Magistrate Judge Sarah L. Cave. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771, 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 10/3/2022. Redacted Transcript Deadline set for 10/13/2022. Release of Transcript Restriction set for 12/12/2022. (js) Modified on 9/12/2022 (js). (Entered: 09/12/2022)
9/6/2022
  • Order
MEMO ENDORSEMENT as to Arthur Hayes, Benjamin Delo, Samuel Reed on re: 398 LETTER by Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated August 25, 2022 re: Standard Condition of Supervision Number 8. ENDORSEMENT: Standard condition 8 is modified to allow Messrs. Hayes, Delo, and Reed to communicate with Mr. Dwyer in connection with any pending or prospective litigation in the presence of counsel. There is no other reasons proffered for an exception to this otherwise reasonable condition of supervised release which is calculated to promote the reasonable objectives of supervised release including deterrence. So Ordered. (Signed by Judge John G. Koeltl on 9/5/2022) (ap) (Entered: 09/06/2022)
9/2/2022 LETTER by Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated September 2, 2022 re: Standard Condition of Supervision Number 8 (Benjamin, James) (Entered: 09/02/2022)
9/2/2022 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from Thane Rehn dated September 2, 2022 re: Defendants' Letter regarding Standard Condition of Supervised Release Number 8 Document filed by USA. (Rehn, Nathan) (Entered: 09/02/2022)
8/31/2022CASH BAIL RETURNED as to Arthur Hayes as per 390 Order on Letter Motion, dated 07/28/2022, from Judge John G. Koeltl, in the amount of $1,500,000.00, No. 03704581, Check Dated 08/30/2022, payable to A. HAYES. (bwi) (Entered: 08/31/2022)
8/26/2022
  • Order
MEMO ENDORSEMENT as to Arthur Hayes (1), Benjamin Delo (2), Samuel Reed (3) on re: 398 LETTER by Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from Attorney James Joseph Benjamin, Jr., Counsel for Arthur Hayes, dated August 25, 2022 re: Standard Condition of Supervision Number 8....We represent Arthur Hayes and respectfully submit this letter on behalf of Mr. Hayes, Benjamin Delo, and Samuel Reed, whose counsel are copied on this letter. We write pursuant to 18 U.S.C. § 3563(c) to request modification of the conditions of probation entered in the above-referenced matter with respect to Messrs. Hayes, Delo, and Reed, respectively (see ECF Nos. 344, 360, 383). Specifically, we request that Standard Condition of Supervision Number 8 not apply to contact with Gregory Dwyer. ENDORSEMENT: The Government should respond to this letter by August 30, 2022 giving reasons for their objection. SO ORDERED. ( Responses due by 8/30/2022 )(Signed by Judge John G. Koeltl on 8/26/2022)(bw) (Entered: 08/26/2022)
8/25/2022 LETTER by Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated August 25, 2022 re: Standard Condition of Supervision Number 8 (Benjamin, James) (Entered: 08/25/2022)
8/23/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Reed. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/13/2022 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: 08/23/2022)
8/23/2022TRANSCRIPT of Proceedings as to Samuel Reed re: Sentence held on 7/13/2022 before Judge John G. Koeltl. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/13/2022. Redacted Transcript Deadline set for 9/23/2022. Release of Transcript Restriction set for 11/21/2022. (McGuirk, Kelly) (Entered: 08/23/2022)
8/16/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Gregory Dwyer. Notice is hereby given that an official transcript of a Plea proceeding held on 8/8/2022 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: 08/16/2022)
8/16/2022TRANSCRIPT of Proceedings as to Gregory Dwyer re: Plea held on 8/8/2022 before Judge John G. Koeltl. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/6/2022. Redacted Transcript Deadline set for 9/16/2022. Release of Transcript Restriction set for 11/14/2022. (McGuirk, Kelly) (Entered: 08/16/2022)
8/10/2022
  • Motion to Withdraw as CounselGranted
ORDER granting 392 Motion to Withdraw as Attorney. Elise Bernlohr Maizel withdrawn from case as to Arthur Hayes (1). (Signed by Judge John G. Koeltl on 8/10/22) (jbo) (Entered: 08/11/2022)
8/9/2022
  • Motion to Withdraw as Counselby Δ
MOTION for Elise B. Maizel to Withdraw as Attorney . Document filed by Arthur Hayes. (Attachments: # 1 Text of Proposed Order Proposed Order)(Maizel, Elise) (Entered: 08/09/2022)
8/8/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Gregory Dwyer. (Signed by Judge John G. Koeltl on 8/8/22)(jbo) (Entered: 08/08/2022)
8/8/2022Change of Not Guilty Plea to Guilty Plea as to Gregory Dwyer (4) Count 1. (jbo) (Entered: 08/08/2022)
8/8/2022Minute Entry for proceedings held before Judge John G. Koeltl: Plea entered by Gregory Dwyer (4) Guilty as to Count 1. (jbo) (Entered: 08/08/2022)
8/8/2022Minute Entry for proceedings held before Judge John G. Koeltl: Change of Plea Hearing as to Gregory Dwyer held on 8/8/2022. Deft Dwyer present w/atty Jenna Dabbs. AUSA Nathan Rehn. Reporter Lisa Frankel. Deft Dwyer enters plea of guilty to Count 1 of indictment. Sentence date 11/10/2022 at 4:30pm. PSI ordered. Bail cont'd. (Sentencing set for 11/10/2022 at 04:30 PM before Judge John G. Koeltl.) (jbo) (Entered: 08/08/2022)
7/29/2022
  • Order
ORDER as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer: The motion for an order granting the withdrawal of Andrew J. Rodgers as counsel for defendant Benjamin Delo in the above-captioned action is GRANTED. Attorney Andrew James Rodgers terminated in case as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Signed by Judge John G. Koeltl on 7/28/2022) (ap) (Entered: 07/29/2022)
7/29/2022CASH BAIL RETURNED as to Samuel Reed as per 377 Order on Letter Motion, dated 07/18/2022, from Judge John G. Koeltl, in the amount of $500,000.00, No. 03132761, Check Dated 07/27/2022, payable to S. REED. (bwi) (Entered: 07/29/2022)
7/28/2022
  • Order
MEMO ENDORSEMENT 388 LETTER MOTION addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated July 28, 2022 re: Request to Release Bond Obligation Exonerating Bail and Releasing Hong Kong Identity Card...ENDORSEMENT...Application Granted. SO ORDERED (Signed by Judge John G. Koeltl on 7/28/2022) (jw) (Entered: 07/28/2022)
7/28/2022
  • Motion to Withdraw as Counselby Δ
MOTION for Andrew J. Rodgers to Withdraw as Attorney for Defendant Benjamin Delo. Document filed by Benjamin Delo. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw as Counsel)(Rodgers, Andrew) (Entered: 07/28/2022)
7/28/2022
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated July 28, 2022 re: Request to Release Bond Obligation Exonerating Bail and Releasing Hong Kong Identity Card . Document filed by Arthur Hayes. (Attachments: # 1 Exhibit A - April 19, 2021 Letter to Pretrial)(Benjamin, James) (Entered: 07/28/2022)
7/26/2022387SEALED DOCUMENT placed in vault. (jus) (Entered: 07/26/2022)
7/26/2022386SEALED DOCUMENT placed in vault. (jus) (Entered: 07/26/2022)
7/26/2022385SEALED DOCUMENT placed in vault. (jus) (Entered: 07/26/2022)
7/26/2022384SEALED DOCUMENT placed in vault. (jus) (Entered: 07/26/2022)
7/25/2022
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Samuel Reed (3). THE DEFENDANT: pleaded guilty to count ONE OF THE INDICTMENT. ALL OPEN COUNTS are dismissed on the motion of the United States. PROBATION: Eighteen (18) months on Count One. --The Court will not impose the Special conditions suggested by the Probation Department at Pages 45 and 46 of the Presentence Report. --The defendant will be permitted domestic and international travel, and will be permitted to have contact with Messrs Hayes and Delo. -No fine is imposed, because the fine has already been paid. ASSESSMENT: $100.00. Special instructions regarding the payment of criminal monetary penalties: --The special assessment shall be due immediately. (Signed by Judge John G. Koeltl on 7/22/2022) (ap) (Entered: 07/25/2022)
7/25/2022DISMISSAL OF COUNTS on Government Motion as to Samuel Reed (3) Count 1s,2,2s-367s. (ap) (Entered: 07/25/2022)
7/25/2022Minute Entry for proceedings held before Judge John G. Koeltl: Sentencing held on 7/25/2022 for Samuel Reed (3) Count 1. Deft Reed pres w/attys Douglas Yatter and Benjamin Naftalis. AUSA Samuel Raymond. Deft Reed sentenced to 18 months probation on Count 1. (Court Reporter Raquel Robles) (ap) (Entered: 07/25/2022)
7/22/2022
  • Order
MEMO ENDORSEMENT as to Arthur Hayes re: 379 Letter - Travel Permission... ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 7/22/22)(jbo) (Entered: 07/22/2022)
7/21/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Benjamin Delo. Notice is hereby given that an official transcript of a Conference proceeding held on 6/15/22 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: 07/21/2022)
7/21/2022TRANSCRIPT of Proceedings as to Benjamin Delo re: Conference held on 6/15/22 before Judge John G. Koeltl. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/11/2022. Redacted Transcript Deadline set for 8/22/2022. Release of Transcript Restriction set for 10/19/2022. (Moya, Goretti) (Entered: 07/21/2022)
7/21/2022 LETTER by Arthur Hayes addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated July 21, 2022 re: Travel Permission (Benjamin, James) (Entered: 07/21/2022)
7/19/2022
  • Motion to RedactGranted
MEMO ENDORSEMENT as to Benjamin Delo (2) granting 376 MOTION to Redact 367 Transcript. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 7/19/2022) (lnl) (Entered: 07/19/2022)
7/19/2022
  • OrderGranted
MEMO ENDORSEMENT as to Samuel Reed (3)granting 375 LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated July 18, 2022 re: Request to Release Bond Obligation Exonerating Bail and Releasing Passport. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 7/18/2022) (lnl) (Entered: 07/19/2022)
7/19/2022
  • Motion to Redactby Δ
MOTION to Redact 367 Transcript,, . Document filed by Benjamin Delo. (Smith, Patrick) (Entered: 07/19/2022)
7/18/2022
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated July 18, 2022 re: Request to Release Bond Obligation Exonerating Bail and Releasing Passport . Document filed by Samuel Reed. (Yatter, Douglas) (Entered: 07/18/2022)
7/15/2022MEMORANDUM in Opposition by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re 353 MOTION to Dismiss or in the Alternative, for a Bill of Particulars.. (Raymond, Samuel) (Entered: 07/15/2022)
7/15/2022DECLARATION of Arjun Mody in Support as to Gregory Dwyer re: 372 MOTION for Arjun Mody to Withdraw as Attorney .. (Mody, Arjun) (Entered: 07/15/2022)
7/15/2022
  • Motion to Withdraw as Counselby Δ
MOTION for Arjun Mody to Withdraw as Attorney . Document filed by Gregory Dwyer. (Mody, Arjun) (Entered: 07/15/2022)
7/13/2022Sentencing Letter by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Raymond, Samuel) (Entered: 07/13/2022)
7/13/2022NOTICE of Intent to Request Redaction as to Benjamin Delo re: 367 Transcript,,. (Rodgers, Andrew) (Entered: 07/13/2022)
7/13/2022Minute Entry for proceedings held before Judge John G. Koeltl: As to Samuel Reed: Sentencing, in-person, set for 7/13/2022 at 03:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Fletcher, Donnie) (Entered: 07/13/2022)
7/11/2022***DELETED DOCUMENT. Deleted document number 368. "NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Benjamin Delo. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/15/22 has been filed by the court reporter/transcriber in the above-captioned matter," as to Benjamin Delo (2). The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 7/11/2022 by (Moya, Goretti). Court Reporters Office/SDNY requested the deletion of this docket entry via E-Mail to Criminal Case Ops Inbox on 7/21/2022. ***] (bw) (Entered: 07/22/2022)
7/11/2022***DELETED DOCUMENT. Deleted document number 367. "TRANSCRIPT of Proceedings as to Benjamin Delo re: Sentence held on 6/15/22 before Judge John G. Koeltl," as to Benjamin Delo (2). The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 7/11/2022 by (Moya, Goretti). Court Reporters Office/SDNY requested the deletion of this docket entry via E-Mail to Criminal Case Ops Inbox on 7/21/2022. ***] (bw) (Entered: 07/22/2022)
7/11/2022 LETTER by Samuel Reed addressed to Judge John G. Koeltl from Douglas Yatter dated July 11, 2022 re: Reed Sentencing Submission (Attachments: # 1 Exhibit Letter from J. Goldmeier)(Yatter, Douglas) (Entered: 07/11/2022)
7/5/2022
  • Motion to Amend JudgmentGranted
MEMO ENDORSED granting 364 LETTER MOTION Request to Amend Judgment (to reflect that Standard Condition of Supervision Number 8 not apply to contact with Messrs, Hayes and Reed) as to Benjamin Delo (2)... ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 7/5/22) (jbo) (Entered: 07/05/2022)
7/5/2022365SEALED DOCUMENT placed in vault. (jus) (Entered: 07/05/2022)
7/5/2022
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Patrick J. Smith dated July 5, 2022 re: Request to Amend Judgment . Document filed by Benjamin Delo. (Smith, Patrick) (Entered: 07/05/2022)
6/30/2022
  • Order
MEMO ENDORSEMENT as to (20-Cr-500-3) Samuel Reed on re: 361 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl from AUSAs Samuel Raymond, Thane Rehn, dated June 30, 2022 re: The Government respectfully writes to request that the Court allow the Government to submit its sentencing letter, currently due July 5, 2022, on July 6, 2022 instead, based on the July 4 holiday. Defense counsel consents to this request. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: ( Brief due by 7/6/2022. )(Signed by Judge John G. Koeltl on 6/30/2022)(bw) (Entered: 07/01/2022)
6/30/2022
  • Order
MEMO ENDORSEMENT as to (20-Cr-500-4) Gregory Dwyer on re: 358 JOINT LETTER MOTION filed by Gregory Dwyer addressed to Judge John G. Koeltl from Attorney Jenna M. Dabbs dated June 29, 2022 re: adjournment of deadlines for submissions in advance of trial.... As such, the parties request that the deadlines for submissions in advance of trial be adjourned, as follows: Expert disclosures - July 29, 2022; Motions in limine and Daubert motions - August 12, 2022; Opposition to motions in limine and Daubert motions - September 2, 2022; Reply regarding motions in limine and Daubert motions - September 16, 2022; Requests to Charge/ proposed voir dire - October 7, 2022. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: (Signed by Judge John G. Koeltl on 6/30/2022)(bw) (Entered: 06/30/2022)
6/30/2022 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl Document filed by USA. (Raymond, Samuel) (Entered: 06/30/2022)
6/30/2022
  • Motion for Judgment
JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 6/15/2022. Defendant Benjamin Delo (2) pleaded guilty to Count(s) 1 of the Indictment. Count(s) All open counts are dismissed on the motion of the United States. PROBATION: 30 months, on Count 1. --The defendant is entitled to travel and reside abroad, during his term of probation. --The defendant shall obey the immigration laws and comply with the directives of the immigration authorities. Standard Conditions of Supervision (See page 3 of Judgment). ASSESSMENT: $100.00. Special instructions regarding the payment of criminal monetary penalties: --The special assessment shall be due immediately. (Signed by Judge John G. Koeltl on 6/29/2022)(bw) (Entered: 06/30/2022)
6/29/2022SENTENCING SUBMISSION by Samuel Reed. (Yatter, Douglas) (Entered: 06/29/2022)
6/29/2022JOINT LETTER MOTION addressed to Judge John G. Koeltl from Jenna M. Dabbs dated June 29, 2022 re: adjournment of deadlines for submissions in advance of trial . Document filed by Gregory Dwyer. (Dabbs, Jenna) (Entered: 06/29/2022)
6/29/2022CASH BAIL RETURNED as to Benjamin Delo as per 357 Order, Terminate Motions, dated 06/22/2022, from Judge John G. Koeltl, in the amount of $2,000,000.00, No. 03046969, Check Dated 06/28/2022, payable to SMITH VILLAZOR LLP. (bwi) (Entered: 06/29/2022)
6/22/2022
  • Order
ORDER EXONERATING BAIL AND RELEASING PASSPORT AND HONG KONG IDENTITY CARD FROM PRETRIAL SERVICES as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer: IT IS HEREBY ORDERED, upon the application of counsel for Defendant Delo, that the bail is exonerated and released. The Clerk of the Court shall return $2,000,000 to Mr. Delo, payable to Smith Villazor LLP, and Pretrial Services shall return Mr. Delo's Grenadian passport and Hong Kong identity card to his counsel, Smith Villazor LLP. (Signed by Judge John G. Koeltl on 6/22/2022) (See ORDER set forth) (Forwarded to Finance Unit via email on 6/22/2022) (ap) (Entered: 06/22/2022)
6/21/2022
  • Motionby Δ
MOTION to Release Bond Obligation Exonerating Bail and Releasing Passport and Hong Kong Identity Card. Document filed by Benjamin Delo. (Attachments: # 1 Text of Proposed Order Exonerating Bail and Releasing Passport and Hong Kong Identity Card)(Smith, Patrick) (Entered: 06/21/2022)
6/17/2022DECLARATION of Jenna M. Dabbs in Support as to Gregory Dwyer re: 353 MOTION to Dismiss or in the Alternative, for a Bill of Particulars.. (Attachments: # 1 Exhibit A - Government's letter to counsel dated November 12, 2021)(Dabbs, Jenna) (Entered: 06/17/2022)
6/17/2022
  • Motion to Dismiss (Demurrer)by Δ
MEMORANDUM in Support by Gregory Dwyer re 353 MOTION to Dismiss or in the Alternative, for a Bill of Particulars.. (Dabbs, Jenna) (Entered: 06/17/2022)
6/17/2022
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss or in the Alternative, for a Bill of Particulars. Document filed by Gregory Dwyer. (Dabbs, Jenna) (Entered: 06/17/2022)
6/17/2022NOTICE OF ATTORNEY APPEARANCE: Arjun Mody appearing for Gregory Dwyer. Appearance Type: Retained. (Mody, Arjun) (Entered: 06/17/2022)
6/15/2022DISMISSAL OF COUNTS on Government Motion as to Benjamin Delo (2) Count 2. (bw) (Entered: 06/30/2022)
6/15/2022Minute Entry for proceedings held before Judge John G. Koeltl: Sentencing held on 6/15/2022 for Benjamin Delo (2) Count 1. Deft Delo pres w/attys Patrick Smith, Andrew Rogers and Harlan Levy. AUSAs Samuel Raymond and Nathan Rehn. Reporter Steven Greenblum. Deft Delo sentenced to 30 months probation on Count 1; deft allowed to live, travel abroad; report to Probation in 72 hours; comply w/immigration; $100 S/A. (jbo) (Entered: 06/16/2022)
6/15/2022Sentencing Letter by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Raymond, Samuel) (Entered: 06/15/2022)
6/9/2022Set/Reset Deadlines as to Gregory Dwyer: Motions due by 6/17/2022. Responses due by 7/15/2022. Replies due by 7/29/2022. (ap) (Entered: 06/09/2022)
6/9/2022
  • OrderGranted
MEMO ENDORSEMENT: as to Gregory Dwyer (4) granting 349 LETTER MOTION addressed to Judge John G. Koeltl from Jenna M. Dabbs dated June 8, 2022 re: Request for Adjournment of Motion Schedule. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 6/9/2022) (ap) (Entered: 06/09/2022)
6/8/2022
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Jenna M. Dabbs dated June 8, 2022 re: Request for Adjournment of Motion Schedule . Document filed by Gregory Dwyer. (Dabbs, Jenna) (Entered: 06/08/2022)
6/1/2022SENTENCING SUBMISSION by Benjamin Delo. (Attachments: # 1 Exhibit A, # 2 Exhibit B vol. 1, # 3 Exhibit B vol. 2, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P)(Smith, Patrick) (Entered: 06/01/2022)
5/31/2022345SEALED DOCUMENT placed in vault. (nmo) (Entered: 05/31/2022)
5/26/2022
  • Motion for Judgment
JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 5/20/2022. Defendant Arthur Hayes (1) pleaded guilty to Count(s) 1 of the Indictment. Count(s) All open counts are dismissed on the motion of the United States. PROBATION: Two (2) years, on Count 1. --The defendant is subject to home detention; subject to location monitoring, at the discretion of the Probation Department, for six (6) months. The defendant shall have 45 days to arrange a residence for location monitoring. After home detention, the defendant is permitted to travel internationally. --Standard Condition of Supervision Number 8 does not apply to contact with Messrs. Samuel Reed and Benjamin Delo. Standard Conditions of Supervision (See page 3 of Judgment). ASSESSMENT: $100.00. Special instructions regarding the payment of criminal monetary penalties: --The special assessment shall be due immediately. (Signed by Judge John G. Koeltl on 5/25/2022)(bw) (Entered: 05/26/2022)
5/26/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arthur Hayes. Notice is hereby given that an official transcript of a Sentence proceeding held on 5/20/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 05/26/2022)
5/26/2022TRANSCRIPT of Proceedings as to Arthur Hayes re: Sentence held on 5/20/22 before Judge John G. Koeltl. 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 6/16/2022. Redacted Transcript Deadline set for 6/27/2022. Release of Transcript Restriction set for 8/24/2022. (Moya, Goretti) (Entered: 05/26/2022)
5/25/2022
  • Order
MEMO ENDORSEMENT as to (20-Cr-500-2) Benjamin Delo on re: 340 LETTER by Benjamin Delo addressed to Judge John G. Koeltl from Attorney Patrick J. Smith dated May 25, 2022 re: Travel Permission.... We respectfully request permission for Mr. Delo to travel to the District of New Jersey from May 28 to May 29, 2022. ENDORSEMENT: APPLICATION GRANTED SO ORDERED: (Signed by Judge John G. Koeltl on 5/25/2022)(bw) (Entered: 05/26/2022)
5/25/2022 LETTER by Benjamin Delo addressed to Judge John G. Koeltl from Patrick J. Smith dated May 25, 2022 re: Travel Permission (Smith, Patrick) (Entered: 05/25/2022)
5/20/2022DISMISSAL OF COUNTS on Government Motion as to Arthur Hayes (1) Count 2. (bw) (Entered: 05/26/2022)
5/20/2022Minute Entry for proceedings held before Judge John G. Koeltl:Sentencing held on 5/20/2022 for Arthur Hayes (1) Count 1. Deft Hayes pres w/attys James Benjamin and Katherine Goldstein. AUSAs Samuel Raymond and Nathan Rehn. Reporter Michael McDaniel. Deft Hayes sentenced to 2 years probation; 6 months home confinement w/location monitoring (jw) (Entered: 05/23/2022)
5/18/2022
  • Order
MEMO ENDORSEMENT as to Benjamin Delo on re: 338 LETTER by Benjamin Delo addressed to Judge John G. Koeltl from Patrick J. Smith dated May 18, 2022 re: Passport Surrender Bail Modification. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 5/18/2022) (ap) (Entered: 05/19/2022)
5/18/2022 LETTER by Benjamin Delo addressed to Judge John G. Koeltl from Patrick J. Smith dated May 18, 2022 re: Passport Surrender Bail Modification (Smith, Patrick) (Entered: 05/18/2022)
5/18/2022
  • Order
MEMO ENDORSEMENT as to Samuel Reed on re: 336 LETTER by Samuel Reed addressed to Judge John G. Koeltl from Douglas K. Yatter dated May 18, 2022 re: Travel Permission. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 5/18/2022)(ap) (Entered: 05/18/2022)
5/18/2022 LETTER by Samuel Reed addressed to Judge John G. Koeltl from Douglas K. Yatter dated May 18, 2022 re: Travel Permission (Yatter, Douglas) (Entered: 05/18/2022)
5/12/2022Sentencing Letter by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Raymond, Samuel) (Entered: 05/12/2022)
5/11/2022Set/Reset Deadlines/Hearings as to Gregory Dwyer:Pretrial Motions due by 6/10/2022. Replies due by 7/22/2022. Government Opposition due by 7/8/2022. (jw) (Entered: 05/11/2022)
5/11/2022
  • Order
MEMO ENDORSEMENT 332 LETTER MOTION addressed to Judge John G. Koeltl from Jenna M. Dabbs dated May 11, 2022 re: Request for Adjournment of Motion Schedule...ENDORSEMENT..Application Granted. SO ORDERED (Signed by Judge John G. Koeltl on 5/11/2022) (jw) (Entered: 05/11/2022)
5/11/2022
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Jenna M. Dabbs dated May 11, 2022 re: Request for Adjournment of Motion Schedule . Document filed by Gregory Dwyer. (Dabbs, Jenna) (Entered: 05/11/2022)
5/9/2022
  • Order
MEMO ENDORSEMENT as to Arthur Hayes on re: 329 The Government respectfully submits this letter requesting that, in light of the Court's rescheduling of the defendant's sentencing to May 20, that the Government be permitted to file its sentencing submission on May 12, rather than the currently scheduled date of May 10...ENDORSEMENT...Application Granted. SO ORDERED (Signed by Judge John G. Koeltl on 5/9/22)(jw) (Entered: 05/10/2022)
5/9/2022 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl Document filed by USA. (Raymond, Samuel) (Entered: 05/09/2022)
5/7/2022Minute Entry for proceedings held before Judge John G. Koeltl: As to Arthur Hayes Sentencing set for 5/18/2022, at 4:30 PM adjourned to 5/20/2022 at 03:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Fletcher, Donnie) (Entered: 05/07/2022)
5/5/2022
  • Order
MEMO ENDORSEMENT as to Samuel Reed on re: 326 We respectfully submit thisletter to request permission (a) for Mr. Reed to travel to the Southern District of Florida from May 6 to May 9, 2022; (b) for Mr. Reed to travel to the Western District of New York from May 20 to May 24, 2022; and (c) for Mr. Reed's bail terms also to be modified to allow travel to theWestern District of Pennsylvania, in addition to the districts already included (Southern and Eastern Districts of New York, Massachusetts, Northern District of California, New Hampshire, Northern District of Ohio, Wisconsin, District of Rhode Island and District of Connecticut...ENDORSEMENT...Application Granted. SO ORDERED (Signed by Judge John G. Koeltl on 5/4/22)(jw) (Entered: 05/05/2022)
5/4/2022 LETTER by Samuel Reed addressed to Judge John G. Koeltl from Douglas K. Yatter dated May 4, 2022 re: Travel Permission (Yatter, Douglas) (Entered: 05/04/2022)
4/28/2022
  • Order
MEMO ENDORSEMENT as to Gregory Dwyer on re: 323 LETTER MOTION filed by Gregory Dwyer addressed to Judge John G. Koeltl from Attorney Jenna M. Dabbs dated April 27, 2022 re: Request for Adjournment of Motion Schedule.... Mr. Dwyer respectfully requests that these deadlines be adjourned for 14 days, to permit the parties to continue to engage in discussions regarding a possible resolution of the matter, as follows: Mr. Dwyer's pre-trial motions due May 13, 2022; Government opposition to any such motions due June 10, 2022; Reply regarding pre-trial motions due June 24, 2022. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: ( Motions due by 5/13/2022. Responses due by 6/10/2022. Replies due by 6/24/2022. )(Signed by Judge John G. Koeltl on 4/27/2022)(bw) (Entered: 04/28/2022)
4/27/2022
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Jenna M. Dabbs dated April 27, 2022 re: Request for Adjournment of Motion Schedule . Document filed by Gregory Dwyer. (Dabbs, Jenna) (Entered: 04/27/2022)
4/8/2022
  • Order
MEMO ENDORSEMENT as to (20-Cr-500-2) Benjamin Delo on re: 319 LETTER by Benjamin Delo addressed to Judge John G. Koeltl from Attorney Patrick J. Smith dated April 8, 2022 re: Travel Permission. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: (Signed by Judge John G. Koeltl on 4/8/2022)(bw) (Entered: 04/11/2022)
4/8/2022 LETTER by Benjamin Delo addressed to Judge John G. Koeltl from Patrick J. Smith dated April 8, 2022 re: Travel Permission (Smith, Patrick) (Entered: 04/08/2022)
3/18/2022Terminate Deadlines and Hearings as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (jw) (Entered: 03/21/2022)
3/18/2022
  • Motion to Withdraw as Counsel
ORDER 313 Motion to Withdraw as Attorney. The motion for an order granting the withdrawal of Smith Villazor LLP, and attorneys Patrick J. Smith, Andrew J. Rodgers, and Selbie L. Jason, as counsel for Defendant Samuel Reed in the above-captioned action, is GRANTED. The Curcio hearings scheduled for March 14, 2022 (Defendant Delo) and March 21, 2022 (Defendant Reed) are hereby removed from the Court's calendar (Signed by Judge John G. Koeltl on 3/18/22) (jw) (Entered: 03/21/2022)
3/18/2022
  • Order
MEMO ENDORSEMENT as to Samuel Reed on re: 316 LETTER by Samuel Reed addressed to Judge John G. Koeltl from Douglas K. Yatter dated March 18, 2022 re: Travel Permission. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 3/18/2022) (ap) (Entered: 03/18/2022)
3/18/2022 LETTER by Samuel Reed addressed to Judge John G. Koeltl from Douglas K. Yatter dated March 18, 2022 re: Travel Permission (Yatter, Douglas) (Entered: 03/18/2022)
3/11/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Samuel Reed. Notice is hereby given that an official transcript of a Conference proceeding held on 3/9/22 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: 03/11/2022)
3/11/2022TRANSCRIPT of Proceedings as to Samuel Reed re: Conference held on 3/9/22 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/1/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 6/9/2022. (Moya, Goretti) (Entered: 03/11/2022)
3/9/2022
  • Motion to Withdraw as Counselby Δ
MOTION for Patrick J. Smith, Andrew J. Rodgers, and Selbie L. Jason to Withdraw as Attorney for Samuel Reed. Document filed by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Attachments: # 1 Text of Proposed Order)(Smith, Patrick) (Entered: 03/09/2022)
3/9/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Samuel Reed. (Signed by Judge Laura Taylor Swain on 3/9/22)(jbo) (Entered: 03/09/2022)
3/9/2022Change of Not Guilty Plea to Guilty Plea as to Samuel Reed (3) Count 1. (jbo) (Entered: 03/09/2022)
3/9/2022Minute Entry for proceedings held before Judge Laura Taylor Swain: Plea entered by Samuel Reed (3) Guilty as to Count 1. (jbo) (Entered: 03/09/2022)
3/9/2022Minute Entry for proceedings held before Judge Laura Taylor Swain (PART ONE): Change of Plea Hearing as to Samuel Reed held on 3/9/2022. Defendant Samuel Reed (3) present with counsel, Douglas K. Yatter and Benjamin Naftalis. For the Gov't Nathan M. Rehn, AUSA, Samuel Raymond, AUSA, and FBI Agent Elizabeth Kudirka present. Court Reporter Lisa Franco present. PLEA HEARING held. Defendant sworn. Defendant withdrew not guilty plea, waived reading of the Indictment and entered a plea of guilty as to Count One (1) of the Indictment. PSI ordered. Sentencing is scheduled for 7/13/2022 at 3:00pm. Defendant's bail conditions continued. (Sentencing set for 7/13/2022 at 03:00 PM before Judge John G. Koeltl.) (jbo) (Entered: 03/09/2022)
3/7/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Benjamin Delo, Samuel Reed. Notice is hereby given that an official transcript of a Conference proceeding held on 3/1/22 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: 03/07/2022)
3/7/2022TRANSCRIPT of Proceedings as to Benjamin Delo, Samuel Reed re: Conference held on 3/1/22 before Judge John G. Koeltl. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/28/2022. Redacted Transcript Deadline set for 4/7/2022. Release of Transcript Restriction set for 6/6/2022. (Moya, Goretti) (Entered: 03/07/2022)
3/7/2022MEMO ENDORSED granting 308 LETTER MOTION Adjournment of Briefing Schedule on Expert Disclosures as to Samuel Reed (3)... ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 3/7/22) (jbo) (Entered: 03/07/2022)
3/7/2022
  • Order
ORDER as to Samuel Reed: The change of plea hearing in this case is scheduled to proceed on March 9, 2022, at 10:00 a.m., in Courtroom 17C. The parties' attention is directed to the Court's policies regarding courthouse entry and COVID-19 test reporting protocols, which are available on the Court's website, at https://www.nysd.uscourts.gov/covid-19-coronavirus. The parties are directed to email Chambers at SwainNYSDCorresp@nysd.uscourts.gov any documents they would like the Court to consider during or in connection with the proceeding at least 24 hours in advance of the proceeding. (Change of Plea Hearing set for 3/9/2022 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl) (Signed by Judge Laura Taylor Swain on 3/7/2022) (ap) (Entered: 03/07/2022)
3/6/2022JOINT LETTER MOTION addressed to Judge John G. Koeltl from Thane Rehn dated March 6, 2022 re: Adjournment of Briefing Schedule on Expert Disclosures . Document filed by USA as to Samuel Reed. (Rehn, Nathan) (Entered: 03/06/2022)
3/4/2022INTERNET CITATION NOTE as to Samuel Reed: Material from decision with Internet citation re: 291 Memorandum & Opinion. (sjo) (Entered: 03/04/2022)
3/2/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Benjamin Delo. Notice is hereby given that an official transcript of a Conference proceeding held on 2/24/22 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: 03/02/2022)
3/2/2022TRANSCRIPT of Proceedings as to Benjamin Delo re: Conference held on 2/24/22 before Judge John G. Koeltl. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/23/2022. Redacted Transcript Deadline set for 4/4/2022. Release of Transcript Restriction set for 5/31/2022. (Moya, Goretti) (Entered: 03/02/2022)
3/2/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arthur Hayes. Notice is hereby given that an official transcript of a Conference proceeding held on 2/24/22 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: 03/02/2022)
3/2/2022TRANSCRIPT of Proceedings as to Arthur Hayes re: Conference held on 2/24/22 before Judge John G. Koeltl. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/23/2022. Redacted Transcript Deadline set for 4/4/2022. Release of Transcript Restriction set for 5/31/2022. (Moya, Goretti) (Entered: 03/02/2022)
3/2/2022
  • OrderGranted
MEMO ENDORSEMENT granting 299 LETTER MOTION filed by Benjamin Delo (2), addressed to Judge John G. Koeltl from Attorney Harlan A. Levy dated March 1, 2022 re: Conditions of Pretrial Release.... We respectfully submit this letter to request modification of Mr. Dela's conditions of pre-trial release, which were continued at Mr. Delo's February 24, 2022 change of plea hearing, for an upcoming trip to Savannah, Georgia from March 5, 2022 to March 7, 2022. While in the United States, Mr. Delo requests that the Court extend the areas in which he is permitted to travel to include the Southern District of Georgia. For this trip, Mr. Delo requests that he retain possession of his British passport, the surrender of which would otherwise be required by his bail conditions while he is in the United States. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: (Signed by Judge John G. Koeltl on 3/1/2022) (bw) (Entered: 03/02/2022)
3/2/2022
  • Order
ORDER as to Samuel Reed. The defendant's motion for a written jury questionnaire is denied....[*** See this Order ***]... However, for the reasons explained on the record at the conference, the defendant's request to compel the Government to search the CFTC's files and to produce all Brady, Giglio, and Rule 16 materials therein is denied. The Clerk is directed to close Docket Nos. 86, 87, 88, 266, 270, 272 and 292. SO ORDERED. (Signed by Judge John G. Koeltl on 3/1/2022)(bw) (Entered: 03/02/2022)
3/1/2022Minute Entry for proceedings held before Judge John G. Koeltl: Arraignment as to Samuel Reed (3) Count 1s,2s-367s held on 3/1/2022. Plea entered by Samuel Reed Not Guilty. (jbo) (Entered: 03/02/2022)
3/1/2022Set/Reset Hearings as to Samuel Reed: Curcio Hearing set for 3/21/2022 at 02:00 PM before Judge John G. Koeltl. Pretrial Conference set for 3/21/2022 at 03:00 PM before Judge John G. Koeltl. (jbo) (Entered: 03/02/2022)
3/1/2022Set/Reset Hearings as to Benjamin Delo: Curcio Hearing set for 3/14/2022 at 02:00 PM before Judge John G. Koeltl. (jbo) (Entered: 03/02/2022)
3/1/2022Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument as to Benjamin Delo, Samuel Reed held on 3/1/2022. Deft Reed pleads not guilty to superseding indictment. Deft Delo pres w/attys Patrick Smith and Harlan Levy. Deft Reed pres w/attys Benjamin Naftalis and Douglas Yatter. AUSAs Samuel Raymond and Nathan Rehn. CFTC counsel Melissa Chang and Raagnee Beri. Curcio hearing for deft Delo set for 3/14/2022 at 2:00pm. Curcio hearing for deft Reed held. Continuation of Curcio hearing for Reed set for 3/21/2022 at 2:00pm. Oral argument held on CFTC's motion to quash subpoena. Final pretrial conference for deft Reed set for 3/21/2022 at 3:00pm. Bail cont'd for defts Delo and Reed. (jbo) (Entered: 03/02/2022)
3/1/2022
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Harlan A. Levy dated March 1, 2022 re: Conditions of Pretrial Release . Document filed by Benjamin Delo. (Levy, Harlan) (Entered: 03/01/2022)
3/1/2022 LETTER by Samuel Reed addressed to Judge John G. Koeltl from Douglas K. Yatter dated March 1, 2022 re: subpoenas to Commodity Futures Trading Commission (Attachments: # 1 Exhibit A - Feb. 24, 2022 Ltr. from CFTC)(Yatter, Douglas) (Entered: 03/01/2022)
3/1/2022NOTICE of Consent to Proceed by Teleconference as to Benjamin Delo (Smith, Patrick) (Entered: 03/01/2022)
3/1/2022 LETTER by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl from Patrick J. Smith dated March 1, 2022 re: Response to Gov't Letter re Curcio Hearing Document filed by Benjamin Delo. (Smith, Patrick) (Entered: 03/01/2022)
3/1/2022 LETTER by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl from Patrick J. Smith dated March 1, 2022 re: Response to Gov't Letter re Curcio Hearing Document filed by Samuel Reed. (Smith, Patrick) (Entered: 03/01/2022)
2/28/2022(S1) SUPERSEDING INDICTMENT FILED as to Samuel Reed (3) count(s) 1s, 2s-367s. (jm) (Entered: 03/01/2022)
2/28/2022 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl Document filed by USA. (Raymond, Samuel) (Entered: 02/28/2022)
2/28/2022
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from AUSA Jessica Greenwood dated 2/28/2022 re: Letter Notifying the Court of Filing of S1 Indictment Against Samuel Reed and Requesting Scheduling of Arraignment . Document filed by USA as to Samuel Reed. (Greenwood, Jessica) (Entered: 02/28/2022)
2/28/2022
  • Order
MEMORANDUM OPINION AND ORDER as to Samuel Reed. The defendant, Samuel Reed, has been charged in the Indictment, ECF No. 2, with violating and conspiring to violate the Bank Secrecy Act, 31 U.S.C. § 5311 et seq. (the "BSA"), in connection with his ownership and operation of a company called the Bitcoin Mercantile Exchange, or BitMEX. The Government argues that BitMEX was required to register as a futures commission merchant ("FCM") under the Commodity Exchange Act, 7 U.S.C. § 1 et seq. ("CEA"), and was therefore subject to the requirements of the BSA, in particular the requirement to implement and maintain an anti-money laundering program. The Indictment alleges that BitMEX did not comply with that requirement and that the defendant willfully caused and aided and abetted BitMEX in failing to do so. The defendant now moves to dismiss the Indictment pursuant to Federal Rule of Criminal Procedure 12(b)(3) on the grounds that he lacked fair notice that the conduct with which he is charged was unlawful. See ECF No. 234. For the following reasons, the motion to dismiss the Indictment is denied....[*** See this Memorandum Opinion And Order ***]... Conclusion: The Court has considered all of the arguments of the parties. To the extent not addressed herein, the arguments are either moot or without merit. For the foregoing reasons, the motion to dismiss the Indictment is denied. The Clerk is directed to close ECF No. 234. SO ORDERED. (Signed by Judge John G. Koeltl on 2/28/2022)(bw) (Entered: 02/28/2022)
2/28/2022
  • Order
MEMO ENDORSEMENT as to (20-Cr-500-3) Samuel Reed on re: 288 LETTER by Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from Attorney Patrick J. Smith dated February 28, 2022 re: Representation of Samuel Reed. ENDORSEMENT: The parties should promptly provide the Court with all the documents necessary for the Curcio hearing including the waivers and proposed examination. The Court will hold an in person Curcio hearing on 3/1/22 at 3:00 P.M. So ordered. ( Curcio Hearing set for 3/1/2022 at 03:00 PM before Judge John G. Koeltl. )(Signed by Judge John G. Koeltl on 2/28/2022)(bw) (Entered: 02/28/2022)
2/28/2022Minute Entry for proceedings held before Judge John G. Koeltl: As to Samuel Reed: Curcio Hearing, in-court, set for 3/1/2022 at 03:00 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. Conference scheduled for 3/29/2022 at 3:00pm is canceled. (Fletcher, Donnie) (Entered: 02/28/2022)
2/28/2022NOTICE OF ATTORNEY APPEARANCE: Selbie Lee Jason appearing for Samuel Reed. Appearance Type: Retained. (Jason, Selbie) (Entered: 02/28/2022)
2/28/2022 LETTER by Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from Patrick J. Smith dated February 28, 2022 re: Representation of Samuel Reed (Smith, Patrick) (Entered: 02/28/2022)
2/28/2022NOTICE OF ATTORNEY APPEARANCE: Patrick J. Smith appearing for Samuel Reed. Appearance Type: Retained. (Smith, Patrick) (Entered: 02/28/2022)
2/28/2022NOTICE OF ATTORNEY APPEARANCE: Andrew James Rodgers appearing for Samuel Reed. Appearance Type: Retained. (Rodgers, Andrew) (Entered: 02/28/2022)
2/28/2022Minute Entry for proceedings held before Judge John G. Koeltl: As to Samuel Reed: Motion Hearing (motion to quash subpoena) set for 3/29/2022 at 03:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 02/28/2022)
2/28/2022Transmission to Sealed Records Clerk: as to Samuel Reed (3). Transmitted re: 285 MEMO ENDORSEMENT, to the Sealed Records Clerk for the sealing of document(s). (bw) (Entered: 02/28/2022)
2/26/2022
  • Order
MEMO ENDORSEMENT granting 281 ETTER MOTION filed by Samuel Reed (3), addressed to Judge John G. Koeltl from Attorney Douglas K. Yatter dated February 26, 2022 re: request to file documents under seal. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: (Signed by Judge John G. Koeltl on 2/26/2022) (bw) (Entered: 02/28/2022)
2/26/2022
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated February 26, 2022 re: 282 MOTION to Exclude Portions of the Government's Proposed Expert Testimony. re: request for oral argument . Document filed by Samuel Reed. (Yatter, Douglas) (Entered: 02/26/2022)
2/26/2022Certificate of Service of Memorandum of Law in Support of Defendant's Motion to Exclude Portions of the Government's Proposed Expert Testimony and Declaration of Douglas K. Yatter in Support of Defendant's Motion to Exclude Portions of the Government's Proposed Expert Testimony, with exhibits by Samuel Reed. Document was served on USA on February 26, 2022. Service was made by Electronic Mail. (Yatter, Douglas) (Entered: 02/26/2022)
2/26/2022
  • Motion to Excludeby Δ
MOTION to Exclude Portions of the Government's Proposed Expert Testimony. Document filed by Samuel Reed. (Yatter, Douglas) (Entered: 02/26/2022)
2/26/2022
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated February 26, 2022 re: request to file documents under seal . Document filed by Samuel Reed. (Yatter, Douglas) (Entered: 02/26/2022)
2/25/2022
  • Motion
MOTION to Preclude Expert Testimony. Document filed by USA as to Samuel Reed. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit A-1, # 3 Exhibit Exhibit A-2, # 4 Exhibit Exhibit A-3, # 5 Exhibit Exhibit B)(Rehn, Nathan) (Entered: 02/25/2022)
2/25/2022 LETTER by USA as to Samuel Reed addressed to Judge John G. Koeltl from Thane Rehn dated February 25, 2022 re: Defendant's Letter Dated February 18, 2022, Dkt. No. 274 Document filed by USA. (Rehn, Nathan) (Entered: 02/25/2022)
2/25/2022
  • Motion to Quash
REPLY MEMORANDUM OF LAW in Support by Commodity Futures Trading Commission as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re: 266 MOTION to Quash Subpoena for Documents. . (Beri, Raagnee) (Entered: 02/25/2022)
2/24/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Benjamin Delo. (Signed by Judge John G. Koeltl on 2/24/22)(jbo) (Entered: 02/25/2022)
2/24/2022Change of Not Guilty Plea to Guilty Plea as to Benjamin Delo (2) Count 1. (jbo) (Entered: 02/25/2022)
2/24/2022Minute Entry for proceedings held before Judge John G. Koeltl: Plea entered by Benjamin Delo (2) Guilty as to Count 1. (jbo) (Entered: 02/25/2022)
2/24/2022Minute Entry for proceedings held before Judge John G. Koeltl: Change of Plea Hearing as to Benjamin Delo held on 2/24/2022. Deft Delo pres w/atty Harlan Levy and Patrick Smith. AUSAs Samuel Raymond, Jessica Greenwood and Nathan Rehn. Reporter Kristen Carannante. Deft Delo enters plea of guilty to Count 1 of indictment. Sentence date 6/15/2022 at 4:30pm. PSI ordered. Bail cont'd. (Sentencing set for 6/15/2022 at 04:30 PM before Judge John G. Koeltl.) (jbo) (Entered: 02/25/2022)
2/24/2022
  • Order
Order of Referral to Probation for Presentence Investigation and Report as to Arthur Hayes. (Signed by Judge John G. Koeltl on 2/24/22)(jbo) (Entered: 02/25/2022)
2/24/2022Change of Not Guilty Plea to Guilty Plea as to Arthur Hayes (1) Count 1. (jbo) (Entered: 02/25/2022)
2/24/2022Minute Entry for proceedings held before Judge John G. Koeltl: Plea entered by Arthur Hayes (1) Guilty as to Count 1. (jbo) (Entered: 02/25/2022)
2/24/2022Minute Entry for proceedings held before Judge John G. Koeltl: Change of Plea Hearing as to Arthur Hayes held on 2/24/2022. Deft Hayes pres w/attys James Benjamin and Katherine Goldstein. AUSAs Samuel Raymond, Jessica Greenwood and Nathan Rehn. Reporter Kristen Carannante. Deft Hayes enters plea of guilty to Count 1 of indictment. Sentence date 5/18/2022 at 4:30pm. PSI ordered. Bail cont'd. (Sentencing set for 5/18/2022 at 04:30 PM before Judge John G. Koeltl.) (jbo) (Entered: 02/25/2022)
2/23/2022MEMORANDUM in Opposition by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re 270 MOTION for a Written Jury Questionnaire .. (Raymond, Samuel) (Entered: 02/23/2022)
2/18/2022DECLARATION of Douglas K. Yatter in Opposition by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed re: 266 MOTION to Quash Subpoena for Documents.. (Attachments: # 1 Exhibit A - CFTC Order)(Yatter, Douglas) (Entered: 02/18/2022)
2/18/2022
  • Motion to Quashby Δ
MEMORANDUM in Opposition by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed re 266 MOTION to Quash Subpoena for Documents.. (Yatter, Douglas) (Entered: 02/18/2022)
2/18/2022 LETTER by Samuel Reed addressed to Judge John G. Koeltl from Douglas K. Yatter dated February 18, 2022 re: Commodity Futures Trading Commission Order dated February 11, 2022 (Attachments: # 1 Exhibit A - CFTC Order)(Yatter, Douglas) (Entered: 02/18/2022)
2/16/2022
  • Order
ORDER FOR ADMISSION PRO RAC VICE as to Arthur Hayes (1), Benjamin Delo (2), Samuel Reed (3) for Raagnee Beri to Appear Pro Hac Vice for non-party Commodity Futures Trading Commission. (Signed by Judge John G. Koeltl on 2/16/2022) (lnl) (Entered: 02/16/2022)
2/15/2022>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 272 AMENDED MOTION for Raagnee Beri 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. (aea) (Entered: 02/15/2022)
2/14/2022
  • Motion to Appear Pro Hac Vice
AMENDED MOTION for Raagnee Beri to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commodity Futures Trading Commission as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Attachments: # 1 Exhibit A. Certificate of Good Standing, # 2 Exhibit B. Affidavit, # 3 Text of Proposed Order)(Beri, Raagnee) (Entered: 02/14/2022)
2/11/2022MEMORANDUM in Support by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed re 270 MOTION for a Written Jury Questionnaire .. (Attachments: # 1 Exhibit A - Proposed Questionnaire)(Benjamin, James) (Entered: 02/11/2022)
2/11/2022
  • Motionby Δ
MOTION for a Written Jury Questionnaire . Document filed by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Benjamin, James) (Entered: 02/11/2022)
2/11/2022Proposed Voir Dire Questions by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Rehn, Nathan) (Entered: 02/11/2022)
2/11/2022Proposed Voir Dire Questions by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Benjamin, James) (Entered: 02/11/2022)
2/11/2022 MEMORANDUM OF LAW by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re: 266 MOTION to Quash Subpoena for Documents. filed by Commodity Futures Trading Commission . (Raymond, Samuel) (Entered: 02/11/2022)
2/11/2022
  • Motion to Quash
MOTION to Quash Subpoena for Documents. Document filed by Commodity Futures Trading Commission as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Attachments: # 1 Memorandum of Law in Support of Motion to Quash, # 2 Exhibit A Touhy Request and Subpoena)(Chiang, Melissa) (Entered: 02/11/2022)
2/10/2022
  • Motion to Appear Pro Hac ViceGranted
ORDER FOR ADMISSION PRO HAC VICE 264 The motion of Melissa Chiang for admission to practice Pro Hac Vice in the above captioned matter is granted. Applicant has declared that she is a member in good standing of the bar of the State of California and the bar of the District of Columbia and that her contact information is as follows: Melissa Chiang, Firm Name: Commodity Futures Trading Commission, 1155 21st NW, Washington, DC 20581-0001, Telephone: (202) 941-9631. IT IS HEREBY ORDERED that applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. (Signed by Judge John G. Koeltl on 2/10/2022) (jw) (Entered: 02/11/2022)
2/9/2022>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 264 MOTION for Melissa Chiang to Appear Pro Hac Vice On Behalf of Non-Party CFTC. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 02/09/2022)
2/8/2022
  • Motion to Appear Pro Hac Vice
MOTION for Melissa Chiang to Appear Pro Hac Vice On Behalf of Non-Party CFTC. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commodity Futures Trading Commission as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Attachments: # 1 Exhibit A California Certificate, # 2 Exhibit B D.C. Certificate, # 3 Exhibit C Notarized Affidavit, # 4 Text of Proposed Order)(Chiang, Melissa) (Entered: 02/08/2022)
2/7/2022
  • Order
MEMO ENDORSEMENT 262 LETTER MOTION addressed to Judge John G. Koeltl from Raagnee Beri dated 02/07/2022 re: agreed briefing schedule for motion to quash Rule 17(c) subpoena...ENDORSEMENT..Application Granted. SO ORDERED (Signed by Judge John G. Koeltl on 2/7/22) (jw) (Entered: 02/08/2022)
2/7/2022
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from Raagnee Beri dated 02/07/2022 re: agreed briefing schedule for motion to quash Rule 17(c) subpoena . Document filed by Commodity Futures Trading Commission as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Beri, Raagnee) (Entered: 02/07/2022)
2/7/2022>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer to RE-FILE Document No. 259 MOTION for Raagnee Beri to Appear Pro Hac Vice for Non-Party CFTC. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court Of Illinois. We do not accept certificated from a disciplinary commission;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) (Entered: 02/07/2022)
2/4/2022
  • Order
MEMO ENDORSEMENT as to Arthur Hayes on re: 258 to request permission for Mr. Hayes to travel from the District of Wyoming to the Central District of California and Eastern District of California from February 5 to February 14...ENDORSEMENT..Application Granted. SO ORDERED (Signed by Judge John G. Koeltl on 2/4/22)(jw) (Entered: 02/04/2022)
2/4/2022
  • Order
MEMO ENDORSEMENT as to Arthur Hayes on 258 LETTER by Arthur Hayes addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated February 4, 2022 re: Travel Permission. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 2/4/2022) (lnl) (Entered: 02/04/2022)
2/4/2022 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Raagnee Beri to Appear Pro Hac Vice for Non-Party CFTC. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Commodity Futures Trading Commission as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Attachments: # 1 Exhibit Letter of Good Standing, # 2 Affidavit, # 3 Text of Proposed Order)(Beri, Raagnee) Modified on 2/7/2022 (bcu). (Entered: 02/04/2022)
2/4/2022 LETTER by Arthur Hayes addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated February 4, 2022 re: Travel Permission (Benjamin, James) (Entered: 02/04/2022)
2/4/2022NOTICE OF ATTORNEY APPEARANCE: Selbie Lee Jason appearing for Benjamin Delo. Appearance Type: Retained. (Jason, Selbie) (Entered: 02/04/2022)
2/4/2022
  • Order
MEMO ENDORSEMENT as to Arthur Hayes (1), Benjamin Delo (2), Samuel Reed (3) on 255 LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated February 2, 2022 re: expert witness disclosures and related briefing. ENDORSEMENT: SO ORDERED. (Signed by Judge John G. Koeltl on 2/3/2022) (lnl) (Entered: 02/04/2022)
2/2/2022
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated February 2, 2022 re: expert witness disclosures and related briefing . Document filed by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Yatter, Douglas) (Entered: 02/02/2022)
1/28/2022 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl from Thane Rehn dated January 28, 2022 re: Requests to Charge Document filed by USA. (Rehn, Nathan) (Entered: 01/28/2022)
1/28/2022
  • Motion to Dismiss (Demurrer)by Δ
REPLY MEMORANDUM OF LAW in Support by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed re: 234 MOTION to Dismiss . . (Smith, Patrick) (Entered: 01/28/2022)
1/27/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arthur Hayes. Notice is hereby given that an official transcript of a Conference proceeding held on 1/20/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 01/27/2022)
1/27/2022TRANSCRIPT of Proceedings as to Arthur Hayes re: Conference held on 1/20/22 before Judge John G. Koeltl. Court Reporter/Transcriber: Sonya Ketter Moore, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/17/2022. Redacted Transcript Deadline set for 2/28/2022. Release of Transcript Restriction set for 4/27/2022. (Moya, Goretti) (Entered: 01/27/2022)
1/21/2022 LETTER by Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from Douglas K. Yatter dated January 21, 2022 re: proposed subpoena to the Commodity Futures Trading Commission (Attachments: # 1 Appendix A - Revised Subpoena)(Yatter, Douglas) (Entered: 01/21/2022)
1/20/2022Minute Entry for proceedings held before Judge John G. Koeltl: Motion Hearing as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer held on 1/20/2022. Deft Hayes pres w/attys James Benjamin, Katherine Goldstein and Kaitlin Shapiro. Deft Delo pres w/atty Patrick Smith And Andrew Rogers. Deft Reed pres w/attys Douglas Yatter, Benjamin Naftalis and Jack McNeily Deft Dwyer pres w/attys Jenna Dabbs, Sean Hecker and Michael Ferrara. AUSAs Samuel Raymond and Nathan Rehn. Reporter Sonia Moore. Motion hearing held. (jbo) (Entered: 01/21/2022)
1/20/2022 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl Document filed by USA. (Raymond, Samuel) (Entered: 01/20/2022)
1/20/2022Minute Entry for proceedings held before Judge John G. Koeltl: As to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer: Motion Hearing set for 1/20/2022 at 03:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 01/20/2022)
1/19/2022NOTICE of Consent to Proceed by Teleconference as to Gregory Dwyer (Dabbs, Jenna) (Entered: 01/19/2022)
1/19/2022NOTICE of Consent to Proceed by Teleconference as to Benjamin Delo (Smith, Patrick) (Entered: 01/19/2022)
1/19/2022NOTICE of Consent to Proceed by Teleconference as to Samuel Reed (Yatter, Douglas) (Entered: 01/19/2022)
1/19/2022NOTICE of Consent to Proceed by Teleconference as to Arthur Hayes (Benjamin, James) (Entered: 01/19/2022)
1/18/2022
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated January 18, 2022 re: discovery issues . Document filed by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Attachments: # 1 Appendix A - Rule 17 Subpoena - CFTC, # 2 Appendix B - Declaration of Douglas K. Yatter)(Yatter, Douglas) (Entered: 01/18/2022)
1/14/2022 LETTER by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from Katherine R. Goldstein dated January 14, 2022 re: Government's Requests to Charge, ECF No. 211 and Government's Letter dated December 13, 2021, ECF No. 221 Document filed by Arthur Hayes. (Goldstein, Katherine) (Entered: 01/14/2022)
1/14/2022MEMORANDUM in Opposition by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re 234 MOTION to Dismiss .. (Rehn, Nathan) (Entered: 01/14/2022)
1/6/2022
  • Order
MEMO ENDORSEMENT as to (20-Cr-500-4) Gregory Dwyer on re: 240 LETTER by USA as to Gregory Dwyer addressed to Judge John G. Koeltl from AUSAs Samuel Raymond, Jessica Greenwood, Thane Rehn, dated January 6, 2022 re: The parties jointly request the following dates for motions and other submissions: Defendant's pre-trial motions due April 29, 2022; Government opposition to any such motions due May 27; Reply regarding pre-trial motions due June 10; Expert disclosures due July 1; Motions in limine and Daubert motions due July 15; Opposition to motions in limine and Daubert motions due August 5; Reply regarding motions in limine and Daubert motions due August 19; Request to charge/proposed voir dire due September 16. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: (Signed by Judge John G. Koeltl on 1/6/2022)(bw) (Entered: 01/07/2022)
1/6/2022 LETTER by USA as to Gregory Dwyer addressed to Judge John G. Koeltl Document filed by USA. (Raymond, Samuel) (Entered: 01/06/2022)
12/27/2021
  • Order
MEMO ENDORSEMENT as to Arthur Hayes, Benjamin Delo, Samuel Reed on 237 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from Thane Rehn dated December 22, 2021 re: Defendant's Motion to Dismiss. ENDORSEMENT: The Government should respond to the motion by 1/14/2022. The defendants may reply by 1/28/22. SO ORDERED. (Responses due by 1/14/2022. Replies due by 1/28/2022.) (Signed by Judge John G. Koeltl on 12/27/2021) (lnl) (Entered: 12/28/2021)
12/22/2021JOINT LETTER by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from Patrick J. Smith dated December 22, 2021 re: Defendants' Motion to Dismiss Document filed by Benjamin Delo. (Smith, Patrick) (Entered: 12/22/2021)
12/22/2021 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from Thane Rehn dated December 22, 2021 re: Defendant's Motion to Dismiss Document filed by USA. (Rehn, Nathan) (Entered: 12/22/2021)
12/22/2021236SEALED DOCUMENT placed in vault. (nmo) (Entered: 12/22/2021)
12/21/2021
  • Motion to Dismiss (Demurrer)by Δ
MEMORANDUM in Support by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed re 234 MOTION to Dismiss .. (Smith, Patrick) (Entered: 12/21/2021)
12/21/2021
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss . Document filed by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Smith, Patrick) (Entered: 12/21/2021)
12/21/2021
  • Order
MEMO ENDORSEMENT as to Arthur Hayes on re: 232 We respectfully submit this letter on behalf of Arthur Hayes to request that the Court modify Mr. Hayes's bail conditions to permit him to travel to and from the District of Wyoming and all points in between necessary for travel during the period of January 2, 2022 to March 1, 2022....ENDORSEMENT..Application GRANTED. SO ORDERED (Signed by Judge John G. Koeltl on 12/21/21)(jw) (Entered: 12/21/2021)
12/21/2021 LETTER by Arthur Hayes addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated December 21, 2021 re: Modification of Bail Conditions (Benjamin, James) (Entered: 12/21/2021)
12/21/2021231SEALED DOCUMENT placed in vault. (jus) (Entered: 12/21/2021)
12/21/2021230SEALED DOCUMENT placed in vault. (jus) (Entered: 12/21/2021)
12/20/2021ENDORSED LETTER as to Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr dated 12/20/21 re: Defendants respectfully suggest that an appropriate time for submissions on the request to charge would be 30 days before trial....ENDORSEMENT: The defendants may respond to the Government's letter dated 12/13/21 by 1/14/22 if they so choose, of course, the Court will hold a charging conference--probably close to the time the charges given, but the parties are welcome to provide input before then. SO ORDERED. (Signed by Judge John G. Koeltl on 12/20/21)(jw) (Entered: 12/21/2021)
12/20/2021Certificate of Service by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed.. (Yatter, Douglas) (Entered: 12/20/2021)
12/20/2021Certificate of Service by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed. on December 20, 2021. (Benjamin, James) (Entered: 12/20/2021)
12/20/2021 LETTER by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated December 20, 2021 re: Response to the Government's Letter dated December 13, 2021, ECF No. 221. Document filed by Arthur Hayes. (Benjamin, James) (Entered: 12/20/2021)
12/18/2021
  • Order
MEMO ENDORSEMENT 224 LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated December 17, 2021 re: request to file documents under seal...ENDORSEMENT...Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 12/18/2021) (jw) (Entered: 12/20/2021)
12/17/2021
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated December 17, 2021 re: request to file documents under seal . Document filed by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Yatter, Douglas) (Entered: 12/17/2021)
12/15/2021Set/Reset Deadlines/Hearings as to Gregory Dwyer (4): Responses due by 1/7/2022. Pretrial Conference set for 10/19/2022 at 10:00 AM before Judge John G. Koeltl. Jury Trial set for 10/24/2022 at 09:00 AM before Judge John G. Koeltl. [*** NOTE: Refer to Order, Doc.#223. ***] (bw) (Entered: 12/15/2021)
12/15/2021
  • Order
ORDER as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. Defendant Gregory Dwyer's motion for a severance is granted. As the Court explained at the conference on November 23, 2021, the Court is aware of the advantages of a joint trial, but those advantages are outweighed by the prejudice to this defendant. The defendant will have had substantially less time than the other defendants to prepare for trial and would be prejudiced by the lack of time to prepare for this complex case, including the opportunity to review the extensive discovery and to brief and argue pre-trial motions directed to this particular defendant. The trial date for Gregory Dwyer is Monday, October 24, 2022 at 9:00 a.m. The final pre-trial conference is Wednesday, October 19, 2022 at 10:00 a.m. Defendant Gregory Dwyer need not respond at this time to any of the Government's current motions directed against all the defendants. By January 7, 2022, the Government and Defendant Gregory Dwyer should suggest a proposed schedule for the remaining motions and other submissions relating to Gregory Dwyer. The Court prospectively excludes the time from today, December 15, 2021, until October 24, 2022, from Speedy Trial Act calculations. The Court finds that the ends of justice served by granting the continuance outweigh the best interest of the defendant and the public in a speedy trial. This Order is entered pursuant to 18 U.S.C. § 3161(h)(7)(A). The Clerk is directed to close Docket No. 216. SO ORDERED. (Signed by Judge John G. Koeltl on 12/15/2021)(bw) (Entered: 12/15/2021)
12/14/2021Transmission to Sealed Records Clerk: as to Arthur Hayes (1), Benjamin Delo (2), Samuel Reed (3). Transmitted re: 222 MEMO ENDORSEMENT, to the Sealed Records Clerk for the sealing of document(s). (bw) (Entered: 12/14/2021)
12/14/2021
  • OrderGranted
MEMO ENDORSEMENT granting 218 LETTER MOTION filed by Arthur Hayes as to Arthur Hayes (1), Benjamin Delo (2), Samuel Reed (3), addressed to Judge John G. Koeltl from Attorney James Joseph Benjamin, Jr. dated December 13, 2021 re: request to file documents under seal by Defendants and USA. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: (Signed by Judge John G. Koeltl on 12/14/2021) (bw) (Entered: 12/14/2021)
12/13/2021 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl from Thane Rehn dated December 13, 2021 re: Defendants' Request to Charge, Dkt. No. 209 Document filed by USA. (Rehn, Nathan) (Entered: 12/13/2021)
12/13/2021Certificate of Service by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed. on December 13, 2021. (Benjamin, James) (Entered: 12/13/2021)
12/13/2021
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated December 13, 2021 re: Request for Oral Argument . Document filed by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Benjamin, James) (Entered: 12/13/2021)
12/13/2021
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated December 13, 2021 re: request to file documents under seal by Defendants and USA . Document filed by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Benjamin, James) (Entered: 12/13/2021)
12/9/2021LETTER RESPONSE in Opposition by Gregory Dwyer addressed to Judge John G. Koeltl from Jenna M. Dabbs dated December 9, 2021 re: 216 LETTER MOTION addressed to Judge John G. Koeltl from AUSA Jessica Greenwood dated 12/8/2021 re: Requesting March 30, 2022 Trial Date for Defendant Gregory Dwyer .. (Dabbs, Jenna) (Entered: 12/09/2021)
12/8/2021
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from AUSA Jessica Greenwood dated 12/8/2021 re: Requesting March 30, 2022 Trial Date for Defendant Gregory Dwyer . Document filed by USA as to Gregory Dwyer. (Greenwood, Jessica) (Entered: 12/08/2021)
12/7/2021
  • Order
ORDER as to Arthur Hayes, Benjamin Delo, Samuel Reed. Trial in this matter is adjourned to Wednesday, March 30, 2022, at 9:00am (Jury Trial set for 3/30/2022 at 09:00 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 12/7/21)(jw) (Entered: 12/07/2021)
12/7/2021214SEALED DOCUMENT placed in vault. (jus) (Entered: 12/07/2021)
12/6/2021213SEALED DOCUMENT placed in vault. (nmo) (Entered: 12/06/2021)
12/3/2021Certificate of Service of Defendants' Motion to Exclude Lay Opinion Testimony by Witnesses from the CFTC and the FBI, with Supporting Declaration and Exhibits Thereof, and Defendants' Motion In Limine to Preclude Evidence Unrelated to the Charged Offenses, with Supporting Declaration and Exhibits Thereof by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed. Document was served on USA on December 3, 2021. Service was made by Electronic Mail. (Yatter, Douglas) (Entered: 12/03/2021)
12/3/2021Request To Charge by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Rehn, Nathan) (Entered: 12/03/2021)
12/3/2021Certificate of Service by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed. on December 3, 2021. (Benjamin, James) (Entered: 12/03/2021)
12/3/2021Request To Charge by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Benjamin, James) (Entered: 12/03/2021)
12/3/2021 LETTER by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated December 3, 2021 re: Advice of Counsel Document filed by Arthur Hayes. (Benjamin, James) (Entered: 12/03/2021)
12/3/2021
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated December 3, 2021 re: Request for Oral Argument . Document filed by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Benjamin, James) (Entered: 12/03/2021)
12/3/2021
  • Motion in Limineby Δ
MOTION in Limine to Preclude the Government from Admitting (1) Evidence of Alleged Suspicious Transactions on the BitMEX Trading Platform and (2) Lay Opinion Testimony by a Witness from FinCEN. Document filed by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Benjamin, James) (Entered: 12/03/2021)
12/3/2021
  • Motion in Limineby Δ
MOTION in Limine to Preclude the Government from Admitting Certain Evidence Regarding Other Legal Actions and Resolutions. Document filed by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Benjamin, James) (Entered: 12/03/2021)
12/3/2021
  • Motion in Limineby Δ
MOTION in Limine to Preclude the Government from Admitting Certain Evidence that is More Prejudicial than Probative. Document filed by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Benjamin, James) (Entered: 12/03/2021)
12/3/2021
  • Motion in Limine to Exclude Evidenceby Δ
MOTION in Limine to Preclude Evidence Unrelated to the Charged Offenses. Document filed by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Yatter, Douglas) (Entered: 12/03/2021)
12/3/2021
  • Motion to Exclude Testimonyby Δ
MOTION to Exclude Lay Opinion Testimony by Witnesses from the CFTC and the FBI. Document filed by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Yatter, Douglas) (Entered: 12/03/2021)
12/3/2021
  • Order
MEMO ENDORSEMENT as to Arthur Hayes (1), Benjamin Delo (2), Samuel Reed (3)granting 200 JOINT LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated December 3, 2021 re: request to file documents under seal by Defendants and USA. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 12/3/2021) (ap) (Entered: 12/03/2021)
12/3/2021JOINT LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated December 3, 2021 re: request to file documents under seal by Defendants and USA . Document filed by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Yatter, Douglas) (Entered: 12/03/2021)
11/29/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arthur Hayes. Notice is hereby given that an official transcript of a Conference proceeding held on 11/23/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 11/29/2021)
11/29/2021TRANSCRIPT of Proceedings as to Arthur Hayes re: Conference held on 11/23/21 before Judge John G. Koeltl. 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 12/20/2021. Redacted Transcript Deadline set for 12/30/2021. Release of Transcript Restriction set for 2/28/2022. (Moya, Goretti) (Entered: 11/29/2021)
11/24/2021
  • Order
MEMO ENDORSEMENT as to Benjamin Delo on re: 193 LETTER by Benjamin Delo addressed to Judge John G. Koeltl from Patrick J. Smith dated November 24, 2021 re: Travel Permission. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 11/24/2021) (ap) (Entered: 11/29/2021)
11/24/2021
  • Order
ORDER as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer: For the reasons stated on the record at the teleconference held on November 23, 2021, the defendants' motion for a bill of particulars is denied. The Clerk is directed to close Docket No. 126. (Signed by Judge John G. Koeltl on 11/24/2021) (ap) (Entered: 11/29/2021)
11/24/2021
  • Order
ORDER as to Gregory Dwyer. Because a continuance is needed to assure the effective assistance of counsel and because of the complexity of the case,the Court prospectively excludes the time from today, November 23, 2021, until March 28, 2022, from Speedy Trial Act calculations.Time excluded from 11/23/21 until 3/28/22. (Signed by Judge John G. Koeltl on 11/23/21)(jw) (Entered: 11/24/2021)
11/24/2021
  • Order
RULE 5(F) ORDER as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Signed by Judge John G. Koeltl on 11/23/2021) (ap) (Entered: 11/24/2021)
11/24/2021 LETTER by Benjamin Delo addressed to Judge John G. Koeltl from Patrick J. Smith dated November 24, 2021 re: Travel Permission (Smith, Patrick) (Entered: 11/24/2021)
11/23/2021Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer held on 11/23/2021. Deft Hayes pres w/attys James Benjamin, Katherine Goldstein, Peter Altman and Kaitlin Shapiro. Deft Delo pres w/atty Patrick Smith, Andrew Rogers and Harlan Leve. Deft Reed pres w/attys Douglas Yatter and Benjamin Naftalis and Jack McNeily Deft Dwyer pres w/attys Jenna Dabbs, Sean Hecker and Michael Ferrara. AUSAs Samuel Raymond and Nathan Rehn. Reporter Sharonda Jones. Oral argument on defts motions for bill of particulars. (jbo) (Entered: 11/29/2021)
11/22/2021
  • Order
ORDER as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. The Court does not expect the 2:00 p.m. conference on November 23, 2021 to last longer than until 3:00 p.m. To accommodate counsel, the Court will take up the Bill of Particulars first, followed by scheduling issues for Mr. Dwyer, and then any discovery issues raised in the joint letter, ECF No. 181. (Signed by Judge John G. Koeltl on 11/22/21)(jw) (Entered: 11/23/2021)
11/22/2021NOTICE of Consent to Proceed by Teleconference as to Gregory Dwyer (Dabbs, Jenna) (Entered: 11/22/2021)
11/22/2021NOTICE of Consent to Proceed by Teleconference as to Samuel Reed (Yatter, Douglas) (Entered: 11/22/2021)
11/22/2021NOTICE of Consent to Proceed by Teleconference as to Arthur Hayes (Benjamin, James) (Entered: 11/22/2021)
11/22/2021NOTICE of Consent to Proceed by Teleconference as to Benjamin Delo (Smith, Patrick) (Entered: 11/22/2021)
11/19/2021
  • Order
MEMO ENDORSEMENT 186 LETTER MOTION addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated November 19, 2021 re: Request to Adjourn Submission of Proposed Voir Dire Questions. The parties respectfully request that the date for submission of proposed voir dire questions should be adjourned to 45 days before trial, which is February 11, 2022...ENDORSEMENT...Application GRANTED. SO ORDERED (Signed by Judge John G. Koeltl on 11/19/21) (jw) (Entered: 11/19/2021)
11/19/2021Minute Entry for proceedings held before Judge John G. Koeltl: As to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer Pretrial Conference set for 11/23/2021 at 02:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 11/19/2021)
11/19/2021
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated November 19, 2021 re: Request to Adjourn Submission of Proposed Voir Dire Questions . Document filed by Arthur Hayes as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Benjamin, James) (Entered: 11/19/2021)
11/18/2021NOTICE of Ex parte filing as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer (Raymond, Samuel) (Entered: 11/18/2021)
11/18/2021184SEALED DOCUMENT placed in vault. (nmo) (Entered: 11/18/2021)
11/18/2021
  • Order
MEMO ENDORSEMENT as to Samuel Reed on 182 LETTER by Samuel Reed addressed to Judge John G. Koeltl from Douglas K. Yatter dated November 17, 2021 re: Travel Permission. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 11/17/2021) (lnl) (Entered: 11/18/2021)
11/17/2021 LETTER by Samuel Reed addressed to Judge John G. Koeltl from Douglas K. Yatter dated November 17, 2021 re: Travel Permission (Yatter, Douglas) (Entered: 11/17/2021)
11/12/2021 LETTER by Samuel Reed addressed to Judge John G. Koeltl from the Government and Defendants Samuel Reed, Arthur Hayes, and Benjamin Delo dated November 12, 2021 re: Joint response to the Court's October 13, 2021 Conference Order (ECF 161). (Yatter, Douglas) (Entered: 11/12/2021)
11/11/2021
  • Motion
LETTER MOTION addressed to Judge John G. Koeltl re: 177 Memorandum in Opposition to Motion, 169 Letter, . Document filed by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Attachments: # 1 Supplement Letter Motion, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit E, # 5 Exhibit Exhibit F, # 6 Exhibit Exhibit G)(Raymond, Samuel) (Entered: 11/11/2021)
11/4/2021179SEALED DOCUMENT placed in vault. (jus) (Entered: 11/04/2021)
11/3/2021178SEALED DOCUMENT placed in vault. (nmo) (Entered: 11/03/2021)
11/2/2021MEMORANDUM in Opposition by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re 126 MOTION for Bill of Particulars .. (Raymond, Samuel) (Entered: 11/02/2021)
11/2/2021DECLARATION of Andrew J. Rodgers in Support by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed re: 126 MOTION for Bill of Particulars .. (Attachments: # 1 Exhibit H)(Rodgers, Andrew) (Entered: 11/02/2021)
11/2/2021
  • Replyby Δ
REPLY MEMORANDUM OF LAW in Support by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed re: 126 MOTION for Bill of Particulars . . (Rodgers, Andrew) (Entered: 11/02/2021)
11/2/2021DECLARATION of Andrew J. Rodgers in Support by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed re: 126 MOTION for Bill of Particulars .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Rodgers, Andrew) (Entered: 11/02/2021)
11/2/2021MEMORANDUM in Support by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed re 126 MOTION for Bill of Particulars .. [CORRECTED] (Rodgers, Andrew) (Entered: 11/02/2021)
11/2/2021 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #173) - MEMORANDUM in Support by Arthur Hayes, Benjamin Delo, Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re 126 MOTION for Bill of Particulars .. (Rodgers, Andrew) Modified on 11/2/2021 (ldi). (Entered: 11/02/2021)
11/1/2021171SEALED DOCUMENT placed in vault. (jus) (Entered: 11/01/2021)
10/29/2021
  • Order
ORDER as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. By letter dated October 22, 2021, the Government sought to require the defendants to disclose by November 12, 2021, whether they intend to rely on an advice of counsel defense, and if so, to disclose to the Government all documents supporting or undermining such a defense, as well as a privilege log. By letter dated October 29, 2021, the defendants Hayes, Delo and Reed proposed to make "a disclosure consistent with relevant case law on December 3, 2021." While the letter does not specifically refer to the production of supporting or undermining documents, the cases referred to did require disclosure of documents. The difference between disclosure on November 12, 2021 and December 3, 2021, should not affect any of the other deadlines in this case, although the Court may have to establish a new deadline for any motions directed to the assertion of the attorney client privilege. Therefore, the defendants' application to make disclosure of whether they intend to rely on the attorney client privilege on December 3, 2021, is granted, and the Government's request for disclosure on November 12, 2021, is denied. The defendants also contend that a determination of whether to assert the privilege may depend on the completion of discovery. The only two items the defendants point to are the outstanding request for a bill of particulars, but that application has only recently been fully briefed, and an outstanding request for materials from the CFTC. At the last conference, the Court advised the parties to continue to attempt to resolve issues of disclosures from the CFTC and to advise the Court if they have arrived at an impasse and at which point the Court will promptly advise the parties if the Government is required to provide any further materials from the CFTC. It is unclear why either of these two issues should affect the timing of disclosure of whether the defendants are relying on the advice of counsel defense and the associated documents. SO ORDERED. (Signed by Judge John G. Koeltl on 10/29/2021)(bw) (Entered: 11/01/2021)
10/29/2021 LETTER by Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated October 29, 2021 re: AOC Notice Response (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Benjamin, James) (Entered: 10/29/2021)
10/28/2021
  • Order
MEMO ENDORSEMENT 167 LETTER MOTION addressed to Judge John G. Koeltl from Patrick J. Smith dated 10/28/2021 re: Permission to File Under Seal...ENDORSEMENT...Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 10/28/21) (jw) (Entered: 10/29/2021)
10/28/2021
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Patrick J. Smith dated 10/28/2021 re: Permission to File Under Seal . Document filed by Benjamin Delo. (Smith, Patrick) (Entered: 10/28/2021)
10/25/2021
  • Motion for Protective Order
PROTECTIVE ORDER as to Gregory Dwyer...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge John G. Koeltl on 10/25/21)(jw) (Entered: 10/26/2021)
10/25/2021 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl Document filed by USA. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Raymond, Samuel) (Entered: 10/25/2021)
10/25/2021164SEALED DOCUMENT placed in vault. (nmo) (Entered: 10/25/2021)
10/22/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. Notice is hereby given that an official transcript of a Conference proceeding held on 10/13/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 10/22/2021)
10/22/2021TRANSCRIPT of Proceedings as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re: Conference held on 10/13/21 before Judge John G. Koeltl. 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 11/12/2021. Redacted Transcript Deadline set for 11/22/2021. Release of Transcript Restriction set for 1/20/2022. (Moya, Goretti) (Entered: 10/22/2021)
10/21/2021Transmission to Sealed Records Clerk: as to Arthur Hayes (1), Benjamin Delo (2), Samuel Reed (3). Transmitted re: 160 MEMO ENDORSEMENT, to the Sealed Records Clerk for the sealing of document(s). (bw) (Entered: 10/21/2021)
10/21/2021
  • OrderGranted
MEMO ENDORSEMENT granting 159 LETTER MOTION filed by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed, addressed to Judge John G. Koeltl from Attorney Patrick J. Smith dated October 21, 2021 re: request to file documents under seal. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: (Signed by Judge John G. Koeltl on 10/21/2021) (bw) (Entered: 10/21/2021)
10/21/2021
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Patrick J. Smith dated October 21, 2021 re: request to file documents under seal . Document filed by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Smith, Patrick) (Entered: 10/21/2021)
10/20/2021Appearance Bond Entered as to Gregory Dwyer: $2,000,000 Personal recognizance bond; To be cosigned by his wife; Secured by 1 Million cash or property; Additional conditions..... (jbo) (Entered: 03/04/2022)
10/20/2021Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Arraignment as to Gregory Dwyer (4) Count 1,2 held on 10/20/2021. Plea entered by Gregory Dwyer Not Guilty. (jbo) (Entered: 10/22/2021)
10/20/2021Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Appearance as to Gregory Dwyer held on 10/20/2021. Bond Hearing as to Gregory Dwyer held on 10/20/2021. Defendant present with retained counsel Jenna Dabbs. AUSA Samuel Raymond present for the government. Defendant arraigned and pleads Not Guilty. Conference before District Judge TBD. Speedy trial time excluded until 3/28/22. BAIL DISPOSITION: Agreed conditions of release; $2 Million Personal recognizance bond; To be cosigned by one financially responsible person (wife); Secured by $1 Million Cash or Property; Travel restricted to SDNY/EDNY/Bermuda and DNJ and travel in between for court/atty; Pretrial supervision as directed by Pretrial Services; Deft not to possess firearm, destructive device, other weapon; Deft to be released on own signature; Remaining conditions to be met by 10/27/21; Report any changes in address, etc to PTS; Provide PTS with his passport while in U.S.; Can be returned for travel to/from Bermuda. (jbo) (Entered: 10/22/2021)
10/20/2021Arrest of Gregory Dwyer. (jbo) (Entered: 10/22/2021)
10/20/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arthur Hayes, Benjamin Delo, Samuel Reed. Notice is hereby given that an official transcript of a Conference proceeding held on 10/13/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 10/20/2021)
10/20/2021TRANSCRIPT of Proceedings as to Arthur Hayes, Benjamin Delo, Samuel Reed re: Conference held on 10/13/21 before Judge John G. Koeltl. 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 11/10/2021. Redacted Transcript Deadline set for 11/22/2021. Release of Transcript Restriction set for 1/18/2022. (Moya, Goretti) (Entered: 10/20/2021)
10/19/2021NOTICE OF ATTORNEY APPEARANCE: Jeffrey Then appearing for Gregory Dwyer. Appearance Type: Retained. (Then, Jeffrey) (Entered: 10/19/2021)
10/19/2021NOTICE OF ATTORNEY APPEARANCE: Justin Richard Horton appearing for Gregory Dwyer. Appearance Type: Retained. (Horton, Justin) (Entered: 10/19/2021)
10/19/2021NOTICE OF ATTORNEY APPEARANCE: Michael Ferrara appearing for Gregory Dwyer. Appearance Type: Retained. (Ferrara, Michael) (Entered: 10/19/2021)
10/19/2021NOTICE OF ATTORNEY APPEARANCE: Sean Hecker appearing for Gregory Dwyer. Appearance Type: Retained. (Hecker, Sean) (Entered: 10/19/2021)
10/19/2021ENDORSED LETTER as to Gregory Dwyer addressed to Judge John G. Koeltl from Jenna M. Dabbs dated 10/19/2021 re: Counsel writes to request that Your Honor grant leave for Mr. Dwyer to be remotely presented, on the government's consent, upon his arrival at John F. Kennedy Airport tomorrow afternoon on Wednesday, October 20, 2021. ENDORSEMENT: Application granted. Either the Magistrate Judge or the Court will do the presentment/arraignment. So ordered. (Signed by Judge John G. Koeltl on 10/19/2021)(lnl) (Entered: 10/19/2021)
10/19/2021NOTICE OF ATTORNEY APPEARANCE: Jenna Minicucci Dabbs appearing for Gregory Dwyer. Appearance Type: Retained. (Dabbs, Jenna) (Entered: 10/19/2021)
10/18/2021
  • Order
MEMO ENDORSEMENT as to (20-Cr-500-2) Benjamin Delo on re: 149 LETTER by Benjamin Delo addressed to Judge John G. Koeltl from Attorney Patrick J. Smith dated October 18, 2021 re: Travel Permission. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: (Signed by Judge John G. Koeltl on 10/18/2021)(bw) (Entered: 10/19/2021)
10/18/2021 LETTER by Benjamin Delo addressed to Judge John G. Koeltl from Patrick J. Smith dated October 18, 2021 re: Travel Permission (Smith, Patrick) (Entered: 10/18/2021)
10/14/2021CONSENT TO PROCEED BY TELECONFERENCE as to Samuel Reed. (Signed by Judge John G. Koeltl on 10/13/2021) (lnl) (Entered: 10/14/2021)
10/14/2021CONSENT TO PROCEED BY TELECONFERENCE as to Benjamin Delo. (Signed by Judge John G. Koeltl on 10/13/2021) (lnl) (Entered: 10/14/2021)
10/14/2021CONSENT TO PROCEED BY TELECONFERENCE as to Arthur Hayes. (Signed by Judge John G. Koeltl on 10/13/2021) (lnl) (Entered: 10/14/2021)
10/14/2021
  • Order
MEMO ENDORSEMENT as to Samuel Reed on 144 LETTER by Samuel Reed addressed to Judge John G. Koeltl from Douglas K. Yatter dated October 13, 2021 re: Travel Permission. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 10/13/2021) (lnl) (Entered: 10/14/2021)
10/13/2021 LETTER by Samuel Reed addressed to Judge John G. Koeltl from Douglas K. Yatter dated October 13, 2021 re: Travel Permission (Yatter, Douglas) (Entered: 10/13/2021)
10/13/2021Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference as to Arthur Hayes, Benjamin Delo, Samuel Reed held on 10/13/2021. Deft Hayes pres w/attys Peter Altman and Katherine Goldstein. Deft Delo pres w/atty Patrick Smith and Harlan Levy. Deft Reed pres w/attys Douglas Yatter and Benjamin Naftalis. AUSAs Samuel Raymond and Jessica Greenwood. Reporter Martha Martin. Status conference. (jbo) (Entered: 10/13/2021)
10/13/2021
  • Order
ORDER as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. The time for the defendants to file a reply to the Government's Opposition to the Motion for a Bill of Particulars is extended to October 22, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 10/13/2021)(bw) (Entered: 10/13/2021)
10/12/2021NOTICE of Consent to Proceed by Teleconference as to Samuel Reed (Yatter, Douglas) (Entered: 10/12/2021)
10/12/2021NOTICE of Consent to Proceed by Teleconference as to Benjamin Delo (Smith, Patrick) (Entered: 10/12/2021)
10/12/2021
  • Order
MEMO ENDORSEMENT as to Arthur Hayes on re: 138 LETTER by Arthur Hayes addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated October 12, 2021 re: Travel Permission. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 10/12/2021) (ap) (Entered: 10/12/2021)
10/12/2021NOTICE of Consent to Proceed by Teleconference as to Arthur Hayes (Benjamin, James) (Entered: 10/12/2021)
10/12/2021 LETTER by Arthur Hayes addressed to Judge John G. Koeltl from James Joseph Benjamin, Jr. dated October 12, 2021 re: Travel Permission (Benjamin, James) (Entered: 10/12/2021)
10/5/2021Minute Entry for proceedings held before Judge John G. Koeltl: As to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer: Pretrial Conference set for 10/13/2021 at 11:30 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 10/05/2021)
10/4/2021
  • Order
MEMO ENDORSEMENT as to Arthur Hayes re: 136 Letter for Travel Permission... ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 10/4/21)(jbo) (Entered: 10/04/2021)
10/4/2021 LETTER by Arthur Hayes addressed to Judge John G. Koeltl from James Joseph Banjamin, Jr. dated October 4, 2021 re: Travel Permission (Benjamin, James) (Entered: 10/04/2021)
9/29/2021135SEALED DOCUMENT placed in vault. (jus) (Entered: 09/29/2021)
9/28/2021 LETTER by Arthur Hayes, Benjamin Delo, Samuel Reed addressed to Judge John G. Koeltl from the Government and Defendants Samuel Reed, Arthur Hayes, and Benjamin Delo dated September 28, 2021 re: Joint response to the Court's September 22, 2021 (ECF 131) Order. (Yatter, Douglas) (Entered: 09/28/2021)
9/28/2021
  • Order
MEMO ENDORSEMENT as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer on 132 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 9/28/2021) (lnl) (Entered: 09/28/2021)
9/27/2021 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl Document filed by USA. (Raymond, Samuel) (Entered: 09/27/2021)
9/22/2021
  • Order
ORDER as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. At the hearing on August 11, 2021, the Court requested that the parties discuss the scope of the outstanding issues relating to the motions to compel production of certain materials at ECF Nos. 86 and 87. The Court also asked the parties, to the extent there remained issues on which the parties do not agree, to indicate those in a letter to the Court by September 10, 2021. See ECF No. 112 at 72-73. The parties have not submitted such a letter. The parties should submit a letter to the Court no later than September 27, 2021, indicating whether any issues remain for the Court's decision. SO ORDERED. (Signed by Judge John G. Koeltl on 9/22/2021)(bw) (Entered: 09/23/2021)
9/17/2021
  • Order
MEMO ENDORSEMENT 129 LETTER MOTION addressed to Judge John G. Koeltl from Patrick J. Smith dated September 16, 2021 re: authorization to cite CFTC investigative transcripts in Mr. Delo's motion to dismiss in the matter captioned CFTC v. HDR Global Trading Limit...ENDORSEMENT...Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 9/16/21) (jw) (Entered: 09/17/2021)
9/16/2021
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Patrick J. Smith dated September 16, 2021 re: authorization to cite CFTC investigative transcripts in Mr. Delo's motion to dismiss in the matter captioned CFTC v. HDR Global Trading Limited, et al., Case No. 1:20-cv-8132-MKV . Document filed by Benjamin Delo. (Smith, Patrick) (Entered: 09/16/2021)
9/13/2021128SEALED DOCUMENT placed in vault. (jus) (Entered: 09/13/2021)
9/10/2021Certificate of Service of 126 MOTION for Bill of Particulars . by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed. on September 10, 2021. Service was made by Electronic Mail. (Rodgers, Andrew) (Entered: 09/10/2021)
9/10/2021
  • Motionby Δ
MOTION for Bill of Particulars . Document filed by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Rodgers, Andrew) (Entered: 09/10/2021)
9/10/2021
  • OrderGranted
MEMO ENDORSEMENT as to Arthur Hayes (1), Benjamin Delo (2), Samuel Reed (3) granting 124 LETTER MOTION addressed to Judge John G. Koeltl from Patrick J. Smith dated September 10, 2021 re: CORRECTED request to file documents under seal. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 9/10/2021) (lnl) (Entered: 09/10/2021)
9/10/2021
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Patrick J. Smith dated September 10, 2021 re: CORRECTED request to file documents under seal . Document filed by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Smith, Patrick) (Entered: 09/10/2021)
9/10/2021NOTICE OF ATTORNEY APPEARANCE Nathan Martin Rehn appearing for USA. (Rehn, Nathan) (Entered: 09/10/2021)
9/10/2021 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #124) - LETTER MOTION addressed to Judge John G. Koeltl from Patrick J. Smith dated September 10, 2021 re: request to file documents under seal . Document filed by Benjamin Delo as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Smith, Patrick) Modified on 9/10/2021 (ldi). (Entered: 09/10/2021)
9/1/2021
  • Order
MEMO ENDORSEMENT 120 LETTER MOTION addressed to Judge John G. Koeltl from Patrick Smith dated September 1, 2021 re: Conditions of Pretrial Release to travel from Bermuda to NY, NY.....ENDORSEMENT..Application Granted (Signed by Judge John G. Koeltl on 9/1/21) (jw) (Entered: 09/01/2021)
9/1/2021
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Patrick Smith dated September 1, 2021 re: Conditions of Pretrial Release . Document filed by Benjamin Delo. (Smith, Patrick) (Entered: 09/01/2021)
8/27/2021NOTICE of Intent to Request Redaction of August 11, 2021 Conference Transcript as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer (Greenwood, Jessica) (Entered: 08/27/2021)
8/23/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. Notice is hereby given that an official transcript of a Conference proceeding held on 8/11/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 08/23/2021)
8/23/2021TRANSCRIPT of Proceedings as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re: Conference held on 8/11/21 before Judge John G. Koeltl. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/13/2021. Redacted Transcript Deadline set for 9/23/2021. Release of Transcript Restriction set for 11/22/2021. (Moya, Goretti) (Entered: 08/23/2021)
8/12/2021CONSENT TO PROCEED BY TELECONFERENCE as to Samuel Reed. (Signed by Judge John G. Koeltl on 8/12/2021) (ap) (Entered: 08/12/2021)
8/12/2021CONSENT TO PROCEED BY TELE CONFERENCE as to Arthur Hayes. (Signed by Judge John G. Koeltl on 8/12/2021) (ap) (Entered: 08/12/2021)
8/12/2021CONSENT TO PROCEED BY TELECONFERENCE as to Benjamin Delo. (Signed by Judge John G. Koeltl on 8/12/2021) (ap) (Entered: 08/12/2021)
8/11/2021Minute Entry for proceedings held before Judge John G. Koeltl:Status Conference as to Arthur Hayes, Benjamin Delo, Samuel Reed held on 8/11/2021. Deft Hayes pres w/attys James Benjamin and Katherine Goldstein. Deft Delo pres w/atty Patrick Smith. Deft Reed pres w/attys Douglas Yatter, Benjamin Naftalis and Jack McNaly. AUSAs Samuel Raymond and Jessica Greenwood. Reporter Eve Giniger. Oral argument on pending motions. Decision reserved (jw) (Entered: 08/12/2021)
8/10/2021DECLARATION of Douglas K. Yatter in Support by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed re: 86 MOTION to Compel Production of the Brady and Rule 16 Materials in Possession of the U.S. Commodity Futures Trading Commission., 87 MOTION to Compel Production of Witness-1 Devices Pursuant to Rule 16.. (Attachments: # 1 Exhibit 1 - July 8, 2021 Letter [Redacted], # 2 Exhibit 2 - June 15, 2021 Email [Redacted], # 3 Exhibit 3 - March 1, 2016 Letter, # 4 Exhibit 4 - Submission Excerpt)(Yatter, Douglas) (Entered: 08/10/2021)
8/10/2021
  • Motion to Compelby Δ
REPLY MEMORANDUM OF LAW in Support by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed re: 86 MOTION to Compel Production of the Brady and Rule 16 Materials in Possession of the U.S. Commodity Futures Trading Commission., 87 MOTION to Compel Production of Witness-1 Devices Pursuant to Rule 16. [Redacted]. (Yatter, Douglas) (Entered: 08/10/2021)
8/10/2021MEMORANDUM in Opposition by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re 85 MOTION to Compel Production of Brady and Rule 16 Materials in Possession of the U.S. Commodity Futures Trading Commission., 86 MOTION to Compel Production of the Brady and Rule 16 Materials in Possession of the U.S. Commodity Futures Trading Commission., 87 MOTION to Compel Production of Witness-1 Devices Pursuant to Rule 16.. (Raymond, Samuel) (Entered: 08/10/2021)
8/10/2021DECLARATION of Douglas K. Yatter [Redacted] (attaching redacted exhibits) in Support by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed re: 87 MOTION to Compel Production of Witness-1 Devices Pursuant to Rule 16.. (Attachments: # 1 Exhibit 7 - Consent to Search [Redacted], # 2 Exhibit 8 - FBI Form FD-1057 [Redacted], # 3 Exhibit 9 - FBI Form FD-1087 [Redacted], # 4 Exhibit 10 - Image of Hard Drive Exterior [Redacted], # 5 Exhibit 11 - Image of Hard Drive Component [Redacted], # 6 Exhibit 12 - Search Warrant and Affidavit [Redacted], # 7 Exhibit 13 - Search Warrant and Affidavit [Redacted], # 8 Exhibit 14 - Search Warrant and Affidavit [Redacted], # 9 Exhibit 16 - December 15, 2020 Letter [Redacted], # 10 Exhibit 17 - January 9, 2021 Letter [Redacted], # 11 Exhibit 18 - January 15, 2021 Letter [Redacted], # 12 Exhibit 19 - January 22, 2021 Letter [Redacted], # 13 Exhibit 20 - March 11, 2021 Letter [Redacted], # 14 Exhibit 21 - April 13, 2021 Letter, # 15 Exhibit 22 - April 14, 2021 Letter, # 16 Exhibit 23 - April 14, 2021 Transcript, # 17 Exhibit 24 - May 3, 2021 Letter [Redacted], # 18 Exhibit 25 - May 7, 2021 Letter [Redacted], # 19 Exhibit 26 - May 11, 2021 Transcript, # 20 Exhibit 27 - May 19, 2021 Letter, # 21 Exhibit 28 - May 21, 2021 Letter)(Yatter, Douglas) (Entered: 08/10/2021)
8/10/2021
  • Motion to Compelby Δ
MEMORANDUM in Support by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed re 87 MOTION to Compel Production of Witness-1 Devices Pursuant to Rule 16.. [Redacted] (Yatter, Douglas) (Entered: 08/10/2021)
8/10/2021DECLARATION of Douglas K. Yatter [Redacted] (attaching redacted exhibits) in Support by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed re: 86 MOTION to Compel Production of the Brady and Rule 16 Materials in Possession of the U.S. Commodity Futures Trading Commission.. (Attachments: # 1 Exhibit 1 - Subpoena, # 2 Exhibit 4 - Email [Redacted], # 3 Exhibit 9 - Search Warrant [Redacted], # 4 Exhibit 10 - Search Warrant [Redacted], # 5 Exhibit 11 - Affidavit [Redacted], # 6 Exhibit 12 - Search Warrant and Affidavit [Redacted], # 7 Exhibit 13 - April 21, 2020 Letter [Redacted], # 8 Exhibit 15 - Note to File [Redacted], # 9 Exhibit 16 - Search Warrant and Affidavit [Redacted], # 10 Exhibit 17 - Search Warrant and Affidavit [Redacted], # 11 Exhibit 18 - October 20, 2020 Letter, # 12 Exhibit 19 - December 11, 2020 Letter [Redacted], # 13 Exhibit 20 - January 9, 2021 Letter [Redacted], # 14 Exhibit 21 - January 15, 2021 Letter [Redacted], # 15 Exhibit 22 - February 2, 2021 Letter [Redacted], # 16 Exhibit 23 - February 8, 2021 Letter [Redacted], # 17 Exhibit 24 - March 11, 2021 Letter [Redacted], # 18 Exhibit 25 - April 14, 2021 Transcript, # 19 Exhibit 26 - May 3, 2021 Letter [Redacted], # 20 Exhibit 27 - May 7, 2021 Letter [Redacted], # 21 Exhibit 28 - May 11, 2021 Transcript, # 22 Exhibit 29 - June 2, 2021 Letter)(Yatter, Douglas) (Entered: 08/10/2021)
8/10/2021
  • Motion to Compelby Δ
MEMORANDUM in Support by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed re 86 MOTION to Compel Production of the Brady and Rule 16 Materials in Possession of the U.S. Commodity Futures Trading Commission.. [Redacted] (Yatter, Douglas) (Entered: 08/10/2021)
8/10/2021NOTICE of Consent to Proceed by Teleconference as to Samuel Reed (Yatter, Douglas) (Entered: 08/10/2021)
8/10/2021NOTICE of Consent to Proceed by Teleconference as to Benjamin Delo (Smith, Patrick) (Entered: 08/10/2021)
8/10/2021NOTICE of Consent to Proceed by Teleconference as to Arthur Hayes (Benjamin, James) (Entered: 08/10/2021)
8/10/2021NOTICE OF ATTORNEY APPEARANCE: Kaitlin Dabbert Shapiro appearing for Arthur Hayes. Appearance Type: Retained. (Shapiro, Kaitlin) (Entered: 08/10/2021)
8/10/2021NOTICE OF ATTORNEY APPEARANCE: Elise Bernlohr Maizel appearing for Arthur Hayes. Appearance Type: Retained. (Maizel, Elise) (Entered: 08/10/2021)
8/10/2021 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl from AUSAs Samuel Raymond and Jessica Greenwood dated 8/10/2021 re: Update Letter Document filed by USA. (Greenwood, Jessica) (Entered: 08/10/2021)
8/6/2021Minute Entry for proceedings held before Judge John G. Koeltl: As to Arthur Hayes, Benjamin Delo, Samuel Reed: Status Conference set for 8/11/2021 at 03:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 08/06/2021)
8/2/2021
  • Order
MEMO ENDORSEMENT as to Arthur Hayes re: 99 Letter Modification of Bail Conditions to reside in the SDFL... ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 8/3/21)(jbo) (Entered: 08/03/2021)
8/2/2021 LETTER by Arthur Hayes addressed to Judge John G. Koeltl from James Joseph Banjamin, Jr. dated August 2, 2021 re: Modification of Bail Conditions (Benjamin, James) (Entered: 08/02/2021)
7/27/2021NOTICE of Change of Address as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. New Address: Foley Hoag LLP, 1301 Avenue of the Americas, 25th Floor, New York, NY, 10019, 6469275500. (Levy, Harlan) (Entered: 07/27/2021)
7/20/2021NOTICE OF ATTORNEY APPEARANCE: Hanyu Xie appearing for Samuel Reed. Appearance Type: Retained. (Xie, Hanyu) (Entered: 07/20/2021)
7/19/202196SEALED DOCUMENT placed in vault. (jus) (Entered: 07/19/2021)
7/19/2021Certificate of Service of Defendants' Reply Memorandum of Law in Further Support of Defendants' Motions to Compel Production and Declaration of Douglas K. Yatter in Further Support of Defendants' Motions to Compel Production, with exhibits by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed. on July 16, 2021. Service was made by Electronic Mail. (Yatter, Douglas) (Entered: 07/19/2021)
7/16/2021
  • Order
MEMO ENDORSEMENT 93 LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated July 15, 2021 re: request to file documents under seal...ENDORSEMENT...Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 7/16/21) (jw) (Entered: 07/16/2021)
7/15/2021
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated July 15, 2021 re: request to file documents under seal . Document filed by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Yatter, Douglas) (Entered: 07/15/2021)
7/7/2021
  • Order
MEMO ENDORSEMENT as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer on re: 91 MEMORANDUM in Opposition by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re 85 MOTION to Compel Production of Brady and Rule 16 Materials in Possession of the U.S. Commodity Futures Trading Commission. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 7/7/2021) (ap) (Entered: 07/07/2021)
7/7/2021MEMORANDUM in Opposition by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re 85 MOTION to Compel Production of Brady and Rule 16 Materials in Possession of the U.S. Commodity Futures Trading Commission., 88 LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated June 4, 2021 re: 87 MOTION to Compel Production of Witness-1 Devices Pursuant to Rule 16., 86 MOTION to Compel Production of the Brady and Rule 16 Ma, 86 MOTION to Compel Production of the Brady and Rule 16 Materials in Possession of the U.S. Commodity Futures Trading Commission., 87 MOTION to Compel Production of Witness-1 Devices Pursuant to Rule 16.. (Raymond, Samuel) (Entered: 07/07/2021)
6/8/202190SEALED DOCUMENT placed in vault. (jus) (Entered: 06/08/2021)
6/4/2021Certificate of Service of 87 MOTION to Compel Production of Witness-1 Devices Pursuant to Rule 16., 86 MOTION to Compel Production of the Brady and Rule 16 Materials in Possession of the U.S. Commodity Futures Trading Commission. by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed. on June 4, 2021. Service was made by Electronic Mail. (Yatter, Douglas) (Entered: 06/04/2021)
6/4/2021
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated June 4, 2021 re: 87 MOTION to Compel Production of Witness-1 Devices Pursuant to Rule 16., 86 MOTION to Compel Production of the Brady and Rule 16 Materials in Possession of the U.S. Commodity Futures Trading Commission. re: request for oral argument . Document filed by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Yatter, Douglas) (Entered: 06/04/2021)
6/4/2021
  • Motion to Compelby Δ
MOTION to Compel Production of Witness-1 Devices Pursuant to Rule 16. Document filed by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Yatter, Douglas) (Entered: 06/04/2021)
6/4/2021
  • Motion to Compelby Δ
MOTION to Compel Production of the Brady and Rule 16 Materials in Possession of the U.S. Commodity Futures Trading Commission. Document filed by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Yatter, Douglas) (Entered: 06/04/2021)
6/4/2021 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #86) - MOTION to Compel Production of Brady and Rule 16 Materials in Possession of the U.S. Commodity Futures Trading Commission. Document filed by Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (Yatter, Douglas) Modified on 6/7/2021 (ldi). (Entered: 06/04/2021)
6/4/2021
  • OrderGranted
MEMO ENDORSEMENT as to Arthur Hayes (1), Benjamin Delo (2), Samuel Reed (3) granting 83 LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated June 4, 2021 re: request to file documents under seal. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 6/4/2021) (ap) (Entered: 06/04/2021)
6/4/2021
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated June 4, 2021 re: request to file documents under seal . Document filed by Samuel Reed as to Arthur Hayes, Benjamin Delo, Samuel Reed. (Yatter, Douglas) (Entered: 06/04/2021)
5/28/2021
  • Order
MEMO ENDORSEMENT as to Benjamin Delo on re: 81 The Government respectfully requests that the Court modify the defendant's bond in order to facilitate his travel to the United States. First, the Government requests that the Court require the defendant to send his travel itinerary for travel to and from the United States to his assigned Pretrial Services Officer, before he travels to the United States. Second, the Government requests that the Court require the defendant to deliver his United Kingdom passport to his assigned Pretrial Services Officer promptly upon landing in the United States, with appropriate flexibility if the defendant travels on a weekend, during the pendency of each trip to the United States, and that he will be able to retrieve that passport before he leaves...ENDORSEMENT...Application Granted. SO ORDERED (Signed by Judge John G. Koeltl on 5/28/21)(jw) (Entered: 06/01/2021)
5/28/2021 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl Document filed by USA. (Raymond, Samuel) (Entered: 05/28/2021)
5/28/2021
  • Order
MEMO ENDORSEMENT as to Samuel Reed (3) granting 79 CONSENT LETTER MOTION addressed to Judge John G. Koeltl from Benjamin Naftalis dated May 28, 2021 re: request for modification to bail conditions. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 5/28/2021) (ap) (Entered: 05/28/2021)
5/28/2021CONSENT LETTER MOTION addressed to Judge John G. Koeltl from Benjamin Naftalis dated May 28, 2021 re: request for modification to bail conditions . Document filed by Samuel Reed. (Naftalis, Benjamin) (Entered: 05/28/2021)
5/27/2021TRANSCRIPT of Proceedings as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re: Conference held on 5/11/21 before Judge John G. Koeltl. Court Reporter/Transcriber: Khristine Sellin, (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 6/17/2021. Redacted Transcript Deadline set for 6/28/2021. Release of Transcript Restriction set for 8/25/2021. (McGuirk, Kelly) (Entered: 05/27/2021)
5/27/2021***DELETED DOCUMENT. Deleted document number 78 Transcript as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. The document was incorrectly filed in this case. (jw) (Entered: 05/27/2021)
5/20/2021NOTICE of Change of Address as to Samuel Reed. New Address: Latham & Watkins LLP, 1271 Avenue of the Americas, New York, New York, United States 10020, 212-906-1200. (Naftalis, Benjamin) (Entered: 05/20/2021)
5/20/2021NOTICE of Change of Address as to Samuel Reed. New Address: Latham & Watkins LLP, 1271 Avenue of the Americas, New York, New York, United States 10020, 212-906-1200. (Yatter, Douglas) (Entered: 05/20/2021)
5/17/202175SEALED DOCUMENT placed in vault. (nmo) (Entered: 05/17/2021)
5/17/202174SEALED DOCUMENT placed in vault. (nmo) (Entered: 05/17/2021)
5/13/202173SEALED DOCUMENT placed in vault. (nmo) (Entered: 05/13/2021)
5/11/2021
  • Order
ORDER as to Arthur Hayes, Benjamin Delo, Samuel Reed: The parties are directed to appear for trial on March 28, 2022 at 9:00 a.m. Because a continuance is needed to allow for the Government to make discovery and for the defendant to review it, because of the complexity of the case, and to assure the effective assistance of counsel, the Court prospectively excludes the time from today, May 11, 2021, until March 28, 2022, from Speedy Trial Act calculations. The Court finds that the ends of justice served by granting the continuance outweigh the best interest of the defendants and the public in a speedy trial. This Order is entered pursuant to 18 U.S.C. § 3161(h)(7)(A). SO ORDERED. (Time excluded from 5/11/2021 until 3/28/2022) (Jury Trial set for 3/28/2022 at 09:00 AM before Judge John G. Koeltl) (Signed by Judge John G. Koeltl on 5/11/2021) (lnl) (Entered: 05/12/2021)
5/11/2021
  • Order
ORDER as to Arthur Hayes, Benjamin Delo, Samuel Reed: The defendants' discovery motions are due June 4, 2021. The Government response is due July 6, 2021. The defendants' reply is due July 16, 2021. The defendants' substantive motions are due September 10, 2021. The Government response is due October 8, 2021. The defendants' reply is due October 18, 2021. Requests to charge, voir dire, motions in limine, and Daubert motions are due December 3, 2021. Any response is due December 13, 2021. Any reply is due December 20, 2021. Conferences are scheduled for August 11, 2021 at 3:00 p.m. and January 20, 2022 at 3:00 p.m. The final pre-trial conference is scheduled for March 16, 2022, at 3:00 p.m. Trial is scheduled for March 28, 2022 at 9:00 a.m. SO ORDERED. (Signed by Judge John G. Koeltl on 5/11/2021)(Hearing deadlines set) (lnl) (Entered: 05/12/2021)
5/11/2021Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference as to Arthur Hayes, Benjamin Delo, Samuel Reed held on 5/11/2021. Deft Hayes pres w/attys James Benjamin, Peter Atman and Katherine Goldstein. Deft Delo pres w/attys Patrick Smith, Andrew Rodgers and Harlan Levy. Deft Samuel Reed pres w/attys Douglas Yatter, Benjamin Naftalis and Jack McNaly. AUSA Samuel Raymond. Reporter Khris Sellin. Pretrial Conference (via phone). Status Conference 8/11/2021 at 3:00pm. Hearing on Motions 1/20/2022 at 3:00pm. Final pretrial conference 3/16/2022 at 3:00pm. Trial date 3/28/2021. Time excluded from 5/11/2021 to 3/28/2022. Bail cont'd for all defts present. (Motion Hearing set for 1/20/2022 at 03:00 PM before Judge John G. Koeltl. Pretrial Conference set for 3/16/2022 at 03:00 PM before Judge John G. Koeltl. Status Conference set for 8/11/2021 at 03:00 PM before Judge John G. Koeltl.) (lnl) (Entered: 05/11/2021)
5/11/2021CONSENT TO PROCEED BY TELECONFERENCE as to Samuel Reed. (Signed by Judge John G. Koeltl on 5/11/2021) (lnl) (Entered: 05/11/2021)
5/11/2021CONSENT TO PROCEED BY TELECONFERENCE as to Arthur Hayes. (Signed by Judge John G. Koeltl on 5/11/2021) (lnl) (Entered: 05/11/2021)
5/11/2021CONSENT TO PROCEED BY TELECONFERENCE as to Benjamin Delo. (Signed by Judge John G. Koeltl on 5/11/2021) (lnl) (Entered: 05/11/2021)
5/10/2021NOTICE of of Consent to Proceed by Teleconference as to Samuel Reed (Yatter, Douglas) (Entered: 05/10/2021)
5/10/2021NOTICE of Consent to Proceed by Teleconference as to Benjamin Delo (Smith, Patrick) (Entered: 05/10/2021)
5/10/2021NOTICE of Consent to Proceed by Teleconference as to Arthur Hayes (Benjamin, James) (Entered: 05/10/2021)
5/7/2021Minute Entry for proceedings held before Judge John G. Koeltl: As to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer Status Conference set for 5/11/2021 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 05/07/2021)
4/21/2021 LETTER by Samuel Reed addressed to Judge John G. Koeltl from Douglas K. Yatter dated April 21, 2021 re: The Court's April 19, 2021 Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Yatter, Douglas) (Entered: 04/21/2021)
4/21/202161SEALED DOCUMENT placed in vault. (nmo) (Entered: 04/21/2021)
4/20/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arthur Hayes. Notice is hereby given that an official transcript of a Conference proceeding held on 4/14/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/20/2021)
4/20/2021TRANSCRIPT of Proceedings as to Arthur Hayes re: Conference held on 4/14/21 before Judge John G. Koeltl. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/11/2021. Redacted Transcript Deadline set for 5/21/2021. Release of Transcript Restriction set for 7/19/2021. (McGuirk, Kelly) (Entered: 04/20/2021)
4/19/2021
  • OrderGranted
MEMO ENDORSEMENT as to Samuel Reed (3) granting 57 LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated April 19, 2021 re: requesting leave to file a redacted set of Exhibits A-G. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 4/19/2021) (ap) (Entered: 04/20/2021)
4/19/2021
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated April 19, 2021 re: requesting leave to file a redacted set of Exhibits A-G . Document filed by Samuel Reed. (Yatter, Douglas) (Entered: 04/19/2021)
4/14/2021
  • Motion for Protective Order
PROTECTIVE ORDER as to Arthur Hayes...regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED: (Signed by Judge John G. Koeltl on 4/14/2021)(bw) (Entered: 04/14/2021)
4/14/2021Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference as to Arthur Hayes, Benjamin Delo, Samuel Reed held on 4/14/2021. Deft Hayes pres w/atty James Benjamin Deft Delo pres w/atty Patrick Smith. Deft Samuel Reed pres w/attys Benjamin Naftalis and Douglas Yatter. AUSA Samuel Raymond. Reporter Steven Greenblum. Pretrial Conference. Bail cont'd for all defts present (via phone). (jbo) (Entered: 04/14/2021)
4/14/2021NOTICE of Consent to Proceed by Teleconference as to Arthur Hayes (Benjamin, James) (Entered: 04/14/2021)
4/14/2021 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl Document filed by USA. (Raymond, Samuel) (Entered: 04/14/2021)
4/13/2021NOTICE of Consent to Proceed by Teleconference as to Benjamin Delo (Smith, Patrick) (Entered: 04/13/2021)
4/13/2021NOTICE of Consent to Proceed by Teleconference as to Samuel Reed (Yatter, Douglas) (Entered: 04/13/2021)
4/13/2021 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl Document filed by USA. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Raymond, Samuel) (Entered: 04/13/2021)
4/13/2021NOTICE OF ATTORNEY APPEARANCE Jessica Greenwood appearing for USA. (Greenwood, Jessica) (Entered: 04/13/2021)
4/13/2021 LETTER by Arthur Hayes addressed to Judge John G. Koeltl from James J. Benjamin, Jr. dated April 13, 2021 re: Status Report (Attachments: # 1 Exhibit A)(Benjamin, James) (Entered: 04/13/2021)
4/12/2021Minute Entry for proceedings held before Judge John G. Koeltl: As to Samuel Reed. Discovery Conference set for 4/14/2021 at 12:00 PM before Judge John G. Koeltl, regarding documents 42 and 44. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 04/12/2021)
4/9/2021Appearance Bond Entered as to Arthur Hayes: $10,000,000 Personal Recognizance Bond; Secured by $1,500,000 in Cash; To be cosigned by one financially responsible person; Additional Conditions.... [**Advice of Penalties and Sanctions attached.] (jbo) Modified on 5/10/2021 (jbo). (Entered: 05/06/2021)
4/9/2021
  • Order
ORAL ORDER as to Arthur Hayes. Time excluded from 4/9/2021 until 5/11/2021. Status Conference set for 5/11/2021 at 02:30 PM before Judge John G. Koeltl. (By Magistrate Judge Stewart D. Aaron on 4/9/2021) (bw) (Entered: 04/09/2021)
4/9/2021Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Arraignment as to Arthur Hayes (1) Count 1,2 held on 4/9/2021. Plea entered by Arthur Hayes (1) Count 1,2 -- Not Guilty. (bw) (Entered: 04/09/2021)
4/9/2021Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Initial Appearance as to Arthur Hayes held on 4/9/2021. Detention Hearing as to Arthur Hayes held on 4/9/2021. Proceeding via AT&T. Date of Arrest: 4/6/2021, vol. surr. AUSA Samuel L. Raymond. Defense Counsel James Benjamin (Retained). BAIL DISPOSITION: Agreed conditions of release; $10 million PRB; 1 FRP; Secured by $1.5 million cash; Surrender travel documents (& no new applications) All docs besides U.S. passport and Singapore residency card; Defendant not to possess firearm/destructive device/other weapon; Defendant to be released on own signature; Remaining conditions to be met by 4/23/2021. -Permitted to reside in Singapore, with pre-approved travel to and from New York (all districts), and points in between necessary for travel. -Must report any change of address or telephone number to Pretrial Services. -Defendant shall execute waiver form for extradition. -Report any contact with law enforcement to Pretrial Services within 24 hours. --- Defendant advised by the Court of the right to be present, and consented to proceed by remote means. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 5/11/2021 2:30 p.m. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 5/11/2021. (bw) (Entered: 04/09/2021)
4/9/2021CONSENT TO PROCEED BY TEL CONFERENCE as to Arthur Hayes. This proceeding was conducted by reliable videoconferencing technology. (Signed by Magistrate Judge Stewart D. Aaron on 4/9/2021) (bw) (Entered: 04/09/2021)
4/9/2021WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Arthur Hayes. Accepted: (Signed by Magistrate Judge Stewart D. Aaron on 4/9/2021) (bw) (Entered: 04/09/2021)
4/8/2021 LETTER by USA as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer addressed to Judge John G. Koeltl Document filed by USA. (Raymond, Samuel) (Entered: 04/08/2021)
4/8/2021Rule 5(c)(3) Documents Received as to Arthur Hayes from the United States District Court - District of Hawaii. (jm) (Entered: 04/08/2021)
4/6/2021Arrest of Arthur Hayes in the United States District Court - District of Hawaii. (jm) (Entered: 04/08/2021)
4/1/2021
  • Motionby Δ
LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated April 1, 2021 re: Request for Conference Regarding Discovery . Document filed by Samuel Reed. (Yatter, Douglas) (Entered: 04/01/2021)
3/18/2021
  • Motion for Protective Order
PROTECTIVE ORDER as to Benjamin Delo...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge John G. Koeltl on 3/18/2021)(jw) (Entered: 03/18/2021)
3/17/2021 LETTER by USA as to Benjamin Delo addressed to Judge John G. Koeltl Document filed by USA. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Raymond, Samuel) (Entered: 03/17/2021)
3/16/2021Arrest of Benjamin Delo. (jw) (Entered: 03/17/2021)
3/16/202139Arrest Warrant Returned Executed on 3/15/21 as to Benjamin Delo. (jw) (Entered: 03/17/2021)
3/16/2021 LETTER by Arthur Hayes addressed to Judge John G. Koeltl from James J. Benjamin, Jr. dated March 16, 2021 (Benjamin, James) (Entered: 03/16/2021)
3/16/2021NOTICE OF ATTORNEY APPEARANCE: Katherine Rachel Goldstein appearing for Arthur Hayes. Appearance Type: Retained. (Goldstein, Katherine) (Entered: 03/16/2021)
3/16/2021NOTICE OF ATTORNEY APPEARANCE: Peter Ian Altman appearing for Arthur Hayes. Appearance Type: Retained. (Altman, Peter) (Entered: 03/16/2021)
3/16/2021 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF ATTORNEY APPEARANCE: James Joseph Benjamin, Jr appearing for Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. Appearance Type: Retained. (Benjamin, James) Modified on 3/16/2021 (ldi). (Entered: 03/16/2021)
3/15/2021Appearance Bond Entered as to Benjamin Delo: $20,000,000 Personal Recognizance Bond; Secured by $2,000,000 Cash; Additional Conditions.... [**Advice of Penalties and Sanctions attached.] (jbo) (Entered: 04/15/2021)
3/15/2021
  • Order
ORDER as to Benjamin Delo. 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. (*** See this Order as set forth. ***) SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 3/15/2021)(bw) (Entered: 03/15/2021)
3/15/2021
  • Order
ORAL ORDER as to Benjamin Delo. Time excluded from 3/15/2021 until 5/11/2021. Status Conference set for 5/11/2021 at 02:30 PM before Judge John G. Koeltl. (By Magistrate Judge Sarah L. Cave on 3/15/2021) (bw) (Entered: 03/15/2021)
3/15/2021Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Arraignment as to Benjamin Delo (2) Count 1,2 held on 3/15/2021. Plea entered by Benjamin Delo (2) Count 1,2 -- Not Guilty. (bw) (Entered: 03/15/2021)
3/15/2021Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Initial Appearance as to Benjamin Delo held on 3/15/2021. Detention Hearing as to Benjamin Delo held on 3/15/2021. Date of Arrest: 3/15/2021, vol. surr. AUSA Jessica Greenwood/Samuel Raymond. Defense Counsel Patrick J. Smith (Retained). Proceeding: Rule 9. BAIL DISPOSITION: Agreed conditions of release; $20,000,000 PRB; Secured by $2,000,000 cash/property: Cash in Attorney's trust account to be transferred to Clerk of Court; Travel restricted to SDNY/EDNY/UK (incl. Jersey), Bermuda, points in between for travel with notice to PTS; Surrender travel documents (& no new applications), Def. may keep UK Passport; Pretrial supervision as directed by Pretrial Services; Defendant not to possess firearm/destructive device/other weapon; Defendant to be released on own signature, plus the following conditions: $2 million cash in Attorney's trust account - confirmed on record during presentment; 1. Def. to execute waiver of extradition form. 2. Def. must notify PTS before any change of address. 3. Def. must report any change of address to PTS. 4. Def. must report any contacts with law enforcement to PTS within 24 hours. -- Defendant advised by the Court of the right to be present, and consented to proceed by remote means. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 5/11/2021 2:30 p.m. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 5/11/2021. (bw) (Entered: 03/15/2021)
3/15/2021Arrest of Benjamin Delo (2). (bw) (Entered: 03/15/2021)
3/12/2021NOTICE OF ATTORNEY APPEARANCE: Harlan Andrew Levy appearing for Benjamin Delo. Appearance Type: Retained. (Levy, Harlan) (Entered: 03/12/2021)
3/11/2021 LETTER by Benjamin Delo addressed to Judge John G. Koeltl from Patrick J. Smith dated March 11, 2021 (Smith, Patrick) (Entered: 03/11/2021)
3/11/2021NOTICE OF ATTORNEY APPEARANCE: Patrick J. Smith appearing for Benjamin Delo. Appearance Type: Retained. (Smith, Patrick) (Entered: 03/11/2021)
3/11/2021NOTICE OF ATTORNEY APPEARANCE: Andrew James Rodgers appearing for Benjamin Delo. Appearance Type: Retained. (Rodgers, Andrew) (Entered: 03/11/2021)
2/12/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. Notice is hereby given that an official transcript of a Conference proceeding held on 2/9/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/12/2021)
2/12/2021TRANSCRIPT of Proceedings as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re: Conference held on 2/9/21 before Judge John G. Koeltl. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/13/2021. (McGuirk, Kelly) (Entered: 02/12/2021)
2/12/2021ENDORSED LETTER as to Benjamin Delo addressed to Judge John G. Koeltl from Patrick J. Smith, dated 2/10/2021, re: Counsel writes to supplement the information that the government provided to the Court concerning Mr. Delos efforts to travel to United States to appear in this case, as well as to address the suggestion that Mr. Delos circumstances may cause additional delay. ENDORSEMENT: This letter should be filed but requires no action by the Court. SO ORDERED. (Signed by Judge John G. Koeltl on 2/11/2021)(lnl) (Entered: 02/12/2021)
2/9/2021
  • Order
ORDER as to Samuel Reed: The parties are directed to appear for another conference on May 11, 2021 at 2:30 p.m. Because a continuance is needed to allow for the Government to make discovery and for the defendant to review it, because of the complexity of the case, and to assure the effective assistance of counsel, the Court prospectively excludes the time from today, February 9, 2021, until May 11, 2021, from Speedy Trial Act calculations. The Court finds that the ends of justice served by granting the continuance outweigh the best interest of the defendant and the public in a speedy trial. This Order is entered pursuant to 18 U.S.C. § 3161(h)(7)(A). SO ORDERED. (Time excluded from 2/9/2021 until 5/11/2021) (Status Conference set for 5/11/2021 at 02:30 PM before Judge John G. Koeltl) (Signed by Judge John G. Koeltl on 2/9/2021) (lnl) (Entered: 02/09/2021)
2/8/2021Minute Entry for proceedings held before Judge John G. Koeltl: As to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer Status Conference set for 2/9/2021 at 11:30 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 02/08/2021)
12/11/2020
  • Order
ORDER as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, Pub. L. No 116-182, 134 Stat. 894 (Oct. 21, 2020), to confirm the Government's disclosure obligations under Brady v. Maryland, 373U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. (Signed by Judge John G. Koeltl on 12/11/2020) (See ORDER set forth)(ap) (ap) Modified on 12/14/2020 (ap). (Entered: 12/11/2020)
11/23/2020
  • Motion for Protective Order
PROTECTIVE ORDER as to Samuel Reed...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge John G. Koeltl on 11/23/2020) (ap) (Entered: 11/24/2020)
11/22/2020 LETTER by USA as to Samuel Reed addressed to Judge John G. Koeltl Document filed by USA. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Raymond, Samuel) (Entered: 11/22/2020)
11/3/2020Appearance Bond Entered as to Samuel Reed: $5,000,000 Personal Recognizance Bond; To be cosigned by two financially responsible persons; Secured by $500,000 Cash; Additional Conditions.... [**Advice of Penalties and Sanctions attached.] (jbo) (Entered: 05/07/2021)
11/2/2020
  • Order
ORDER as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), 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 John G. Koeltl on 10/29/2020) (See ORDER set forth) (ap) (Entered: 11/02/2020)
10/23/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. Notice is hereby given that an official transcript of a Conference proceeding held on 10/15/20 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: 10/23/2020)
10/23/2020TRANSCRIPT of Proceedings as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer re: Conference held on 10/15/20 before Judge John G. Koeltl. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2020. Redacted Transcript Deadline set for 11/23/2020. Release of Transcript Restriction set for 1/21/2021. (McGuirk, Kelly) (Entered: 10/23/2020)
10/19/2020CONSENT TO PROCEED BY VIDEO ORTELE CONFERENCE as to Samuel Reed. (Signed by Judge John G. Koeltl on 10/16/2020) (lnl) (Entered: 10/19/2020)
10/15/2020Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference as to Samuel Reed held on 10/15/2020. Deft Samuel Reed pres w/attys Douglas Yatter, Benjamin Naftalis and Jack McNeily. AUSAs Sam Raymond and Jessica Greenwood. Reporter Vincent Bologna. Pretrial conference. Adjourned to 2/9/2021 at 11:30am. Time excluded from 10/15/2020 to 2/9/2021. Bail cont'd for deft Reed. (jbo) (Entered: 10/15/2020)
10/15/2020
  • Order
ORDER as to (20-Cr-500-3) Samuel Reed. The parties are directed to appear for another conference February 9, 2021 at 11:30 a.m. Because a continuance is needed to allow for the Government to make discovery and for the defendant to review it, to allow defense counsel time to decide what motions, if any, will be made, and to assure the effective assistance of counsel, the Court prospectively excludes the time from today, October 15, 2020, until February 9, 2021, from Speedy Trial Act calculations. The Court finds that the ends of justice served by granting the continuance outweigh the best interest of the defendant and the public in a speedy trial. This Order is entered pursuant to 18 U.S.C. § 3161(h)(7)(A). SO ORDERED. (Signed by Judge John G. Koeltl on 10/15/2020)(bw) (Entered: 10/15/2020)
10/14/2020Minute Entry for proceedings held before Judge John G. Koeltl: As to Samuel Reed Pretrial Conference set for 10/15/2020 at 03:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 10/14/2020)
10/13/2020CONSENT TO PROCEED BY VIDEO OR TELE CONFERENCE by (20-Cr-500-3) Samuel Reed. This proceeding was conducted by reliable video or telephone conferencing technology. (Signed by Magistrate Judge Sarah L. Cave on 10/13/2020) (bw) (Entered: 10/14/2020)
10/13/2020
  • Order
ORAL ORDER as to Samuel Reed (3). Time excluded from 10/13/2020 until 10/15/2020. (By Magistrate Judge Sarah L. Cave on 10/13/2020) (bw) (Entered: 10/14/2020)
10/13/2020Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Arraignment as to Samuel Reed (3) Count 1,2 held on 10/13/2020. Plea entered by Samuel Reed (3) Count 1,2 -- Not Guilty. (bw) (Entered: 10/14/2020)
10/13/2020Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Initial Appearance as to (20-Cr-500-3) Samuel Reed held on 10/13/2020. Date of Arrest: 10/1/2020. AUSA Jessica Greenwood. Defense Counsel Benjamin Naftalis (Retained). BAIL DISPOSITION: Agreed conditions of release; $5,000,000 PRB; 2 FRP; Secured by $500,000 cash/property: Cash; Travel restricted to SDNY/EDNY/Massachusetts, Wisconsin, points in between for travel; Surrender travel documents (& no new applications); Pretrial supervision as directed by Pretrial Services; Defendant not to possess firearm/destructive device/other weapon; (1) Defendant must report any change of address or telephone number to PTS. (2) Report any contact with law enforcement to PTS within 24 hours. ADDITIONAL PROCEEDINGS: Defendant arraigned; pleads Not Guilty. Conference before District Judge on 10/15/2020. Speedy Trial Time excluded under 18 U.S.C. Section 3161(h)(7) until 10/15/2020. (bw) (Entered: 10/14/2020)
10/13/2020NOTICE OF ATTORNEY APPEARANCE: Jack McNeily appearing for Samuel Reed. Appearance Type: Retained. (McNeily, Jack) (Entered: 10/13/2020)
10/13/2020
  • Order
MEMO ENDORSEMENT granting 12 CONSENT LETTER MOTION filed by Samuel Reed (3), addressed to Judge John G. Koeltl from Attorney Douglas K. Yatter dated October 13, 2020 re: request for modification of certain terms in the October 1, 2020 Order Setting Conditions of Release.... Accordingly, on consent of the government, we respectfully request that the Court: Modify Condition (8)(g) (surrender of passports) to strike the requirement that Mrs. Reed surrender her two passports, and order Pretrial to return Mrs. Reed's passports; Strike Condition (8)(j) (no contact); and Modify Condition (6) so that it provides for a $5,000,000 bond secured by a cash payment of $500,000. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED: (Signed by Judge John G. Koeltl on 10/12/2020) (bw) (Entered: 10/13/2020)
10/13/2020CONSENT LETTER MOTION addressed to Judge John G. Koeltl from Douglas K. Yatter dated October 13, 2020 re: request for modification of certain terms in the October 1, 2020 Order Setting Conditions of Release . Document filed by Samuel Reed. (Attachments: # 1 Exhibit A - Order Setting Conditions of Release)(Yatter, Douglas) (Entered: 10/13/2020)
10/13/2020Rule 5(c)(3) Documents Received as to Samuel Reed from the United States District Court - District of Massachusetts. (jm) (Entered: 10/13/2020)
10/12/2020NOTICE OF ATTORNEY APPEARANCE: Benjamin Naftalis appearing for Samuel Reed. Appearance Type: Retained. (Naftalis, Benjamin) (Entered: 10/12/2020)
10/12/2020NOTICE OF ATTORNEY APPEARANCE: Douglas Kent Yatter appearing for Samuel Reed. Appearance Type: Retained. (Yatter, Douglas) (Entered: 10/12/2020)
10/5/2020
  • Order
ORDER as to Samuel Reed. The defendant Samuel Reed should appear in this district for an initial appearance and arraignment by October 13, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 10/5/20)(jw) (Entered: 10/06/2020)
10/1/2020Arrest of Samuel Reed in the United States District Court - District of Massachusetts. (jm) (Entered: 10/13/2020)
10/1/2020Attorney update in case as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. Attorney Samuel Raymond for USA added. (jm) (Entered: 10/02/2020)
10/1/2020Case as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer ASSIGNED to Judge John G. Koeltl. (jm) (Entered: 10/02/2020)
10/1/2020Case Designated ECF as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (jm) (Entered: 10/02/2020)
10/1/2020INDICTMENT UNSEALED as to Arthur Hayes, Benjamin Delo, Samuel Reed, Gregory Dwyer. (jm) (Entered: 10/02/2020)
10/1/2020
  • Order
Order to Unseal Indictment as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4. (Signed by Magistrate Judge Robert W. Lehrburger on 10/1/20)(jm) (Entered: 10/02/2020)
9/22/20201SEALED DOCUMENT placed in vault. (mhe) (Entered: 09/22/2020)
9/21/2020SEALED INDICTMENT as to Sealed Defendant 1 (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: 10/02/2020)