USA v. Kamensky

1:21-cr-00067 | New York Southern District Court

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Division Foley Square
Judge Judge Denise L. Cote
Filed Feb. 3, 2021
Terminated May 10, 2021
Case Flags CLOSED, ECF, and PRIOR
Last Updated: 3 years ago Show Interactive Timeline
Filing Date # Docket Text
3/29/2022
  • Order
MEMO ENDORSEMENT 50 LETTER MOTION addressed to Judge Denise L. Cote from Joon H. Kim dated March 29, 2022 re: travel requests. To request the Court's approval for two trips Mr. Kamensky seeks to make during his time on supervised re lease. Specifically, we request the Court's approval for Mr. Kamensky to travel (1) to San Francisco, California from April 28 to May 1, 2022 to attend a bar mitzvah of a close friend's son and (2) to Florida from May 27 to May 30, 2022 to visit his ailing father and celebrate his mother's 81 st birthday...ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Denise L. Cote on 3/29/22) (jw)
3/29/2022
  • Motion
Letter Motion
2/24/2022
  • OrderGranted
MEMO ENDORSED granting 48 LETTER MOTION travel requests as to Daniel Kamensky (1)... ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/24/22) (jbo)
2/23/2022
  • Motion
Letter Motion
11/29/2021
  • OrderGranted
MEMO ENDORSED granting 46 LETTER MOTION supervised released as to Daniel Kamensky (1)... ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 11/29/21) (jbo)
11/23/2021
  • Motion
Letter Motion
6/23/2021Notice of Filing Transcript
6/23/2021Transcript
5/26/2021
  • OrderGranted
MEMO ENDORSEMENT as to Daniel Kamensky (1) granting 42 LETTER MOTION re: 42 CONSENT LETTER MOTION addressed to Judge Denise L. Cote from Joon H. Kim dated May 25, 2021 re: modification of bail conditions. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/26/2021) (lnl) (Entered: 05/26/2021)
5/25/2021CONSENT LETTER MOTION addressed to Judge Denise L. Cote from Joon H. Kim dated May 25, 2021 re: modification of bail conditions . Document filed by Daniel Kamensky. (Kim, Joon) (Entered: 05/25/2021)
5/18/202141SEALED DOCUMENT placed in vault. (nmo) (Entered: 05/18/2021)
5/18/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Daniel Kamensky. Notice is hereby given that an official transcript of a Conference proceeding held on 5/7/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/18/2021)
5/18/2021TRANSCRIPT of Proceedings as to Daniel Kamensky re: Conference held on 5/7/21 before Judge Denise L. Cote. Court Reporter/Transcriber: Pamela Utter, (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 6/8/2021. Redacted Transcript Deadline set for 6/18/2021. Release of Transcript Restriction set for 8/16/2021. (McGuirk, Kelly) (Entered: 05/18/2021)
5/14/2021
  • Order
MEMO ENDORSEMENT re: 36 LETTER MOTION addressed to Judge Denise L. Cote from Joon H. Kim dated May 12, 2021 re: postponement of surrender date...ENDORSEMENT...The conditions for quarantine depend on the facility to which a defendant is designated and the number of inmates surrendering on a particular day. This application is denied. (Signed by Judge Denise L. Cote on 5/14/21) (jw) (Entered: 05/14/2021)
5/14/2021
  • Order
ORDER as to Daniel Kamensky. It is hereby ORDERED that the defendant's request to file his sentencing submissions in redacted form on the docket is granted (Signed by Judge Denise L. Cote on 5/14/21)(jw) (Entered: 05/14/2021)
5/12/2021
  • Motionby Δ
LETTER MOTION addressed to Judge Denise L. Cote from Joon H. Kim dated May 12, 2021 re: postponement of surrender date . Document filed by Daniel Kamensky. (Kim, Joon) (Entered: 05/12/2021)
5/10/2021FILED JUDGMENT IN A CRIMINAL CASE as to Daniel Kamensky (1), Pleaded guilty to Count(s) 1, Imprisonment for a total term of 6 Months. Supervised release for a term of 6 months Supervised Release with Home Detention. The court makes the following recommendations to the Bureau of Prisons: That the defendant be designated to a facility as close as possible to the New York City area. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2pm on 6/18/21. Special Assessment of $100 and Fine of $55,000.00. Lump sum payment of $55,100.00 which is due immediately (Signed by Judge Denise L. Cote on 5/10/21)(jw) (Entered: 05/10/2021)
5/7/2021Minute Entry for proceedings held before Judge Denise L. Cote: Sentencing held on 5/7/2021 for Daniel Kamensky (1) Count 1. Today's proceeding was held in person, in Courtroom 18B. Defendant present with attorneys Joon Kim and Lawrence Gerschwer. Assistant U.S. Attorneys Richard Cooper and Daniel Tracer present. Sentencing held. The defendant is sentenced as set forth in the Judgment In A Criminal Case. Defendant advised of his right to appeal. The defendant shall surrender to the designated facility by 2 p.m. on June 18, 2021. Bail continued until the surrender date. (see transcript.) (Court Reporter Pam Utter) (ap) (Entered: 05/07/2021)
5/6/2021SENTENCING SUBMISSION by USA as to Daniel Kamensky. (Attachments: # 1 Exhibit A)(Cooper, Richard) (Entered: 05/06/2021)
5/5/2021
  • Order
ORDER as to Daniel Kamensky: To assist in the sentencing of the defendant Daniel Kamensky on May 7, it is hereby ORDERED that the Government shall promptly provide the Court with the transcript and audiotape of the conversation between the defendant and Mr. Femenia of July 31, 2020. (Signed by Judge Denise L. Cote on 5/5/2021)(jwh) (Entered: 05/05/2021)
4/30/2021SENTENCING SUBMISSION by USA as to Daniel Kamensky. (Attachments: # 1 Exhibit A)(Cooper, Richard) (Entered: 04/30/2021)
4/29/2021 LETTER by Daniel Kamensky addressed to Judge Denise L. Cote from Joon H. Kim dated April 29, 2021 re: attendance at sentencing (Kim, Joon) (Entered: 04/29/2021)
4/28/2021
  • Order
ORDER as to Daniel Kamensky. The defendant is scheduled to be sentenced in person in Courtroom 18B, 500 Pearl Street, on May 7, 2021 at 11:00 AM. In light of the ongoing COVID-19 pandemic, it is hereby ORDERED that all individuals seeking entry to 500 Pearl Street must complete a questionnaire and have their temperature taken before being allowed entry into the courthouse. To gain entry to 500 Pearl Street, follow the instructions provided here..... IT IS FURTHER ORDERED that members of the press and family members who are not able to attend the in court proceeding may listen to it through a telephone link by calling 888-363-4749 and using access code 4324948. (Signed by Judge Denise L. Cote on 4/28/21)(jbo) Modified on 5/4/2021 (jwh). (Entered: 04/28/2021)
4/27/2021
  • Motionby Δ
LETTER MOTION addressed to Judge Denise L. Cote from Joon H. Kim dated April 27, 2021 re: sentencing in person . Document filed by Daniel Kamensky. (Kim, Joon) (Entered: 04/27/2021)
4/23/2021SENTENCING SUBMISSION by Daniel Kamensky. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102, # 103 Exhibit 103, # 104 Exhibit 104, # 105 Exhibit 105, # 106 Exhibit 106, # 107 Exhibit 107, # 108 Exhibit 108, # 109 Exhibit 109, # 110 Exhibit 110, # 111 Exhibit 111, # 112 Exhibit 112, # 113 Exhibit 113, # 114 Exhibit 114, # 115 Exhibit 115, # 116 Exhibit 116, # 117 Exhibit 117, # 118 Exhibit 118, # 119 Exhibit Index)(Kim, Joon) (Entered: 04/23/2021)
4/20/2021Sentencing Letter addressed to Judge Cote from Bernadette Cunningham dated 4/15/21 re: Sentencing Letter for Dan Kamensky (jw) (Entered: 04/20/2021)
4/15/2021
  • Order
ORDER as to Daniel Kamensky: A sentencing is scheduled to occur on May 7, 2021 at 11:00 AM. Due to the COVID-19 pandemic, the defendant may have the option of appearing in court or through a videoconference. Accordingly, it is hereby ORDERED that defense counsel shall respond to the following question by 5:00 PM on April 29, 2021: Does the defendant consent to have the proceeding occur as a videoconference? If the defendant consents to have the proceeding occur as a videoconference, please complete and file on ECF the written consent form attached to this Order if it is feasible to do so. (Sentencing set for 5/7/2021 at 11:00 AM before Judge Denise L. Cote) (Signed by Judge Denise L. Cote on 4/15/2021) (Attachments: # 1 Waiver) (lnl) (Entered: 04/15/2021)
3/31/2021
  • Order
MEMO ENDORSEMENT as to Daniel Kamensky (1) granting 22 CONSENT LETTER MOTION addressed to Judge Denise L. Cote from Joon H. Kim dated March 31, 2021 re: modification to bail conditions. ENDORSEMENT: Application GRANTED. (Signed by Judge Denise L. Cote on 3/31/2021) (ap) (Entered: 03/31/2021)
3/31/2021CONSENT LETTER MOTION addressed to Judge Denise L. Cote from Joon H. Kim dated March 31, 2021 re: modification to bail conditions . Document filed by Daniel Kamensky. (Kim, Joon) (Entered: 03/31/2021)
3/22/2021
  • Order
ORDER: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), to confirm the Governments disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. The Government must disclose to the defense all information favorable to an accused that is material either to guilt or to punishment and that is known to the Government. Id. at 87. This obligation applies regardless of whether the information would itself constitute admissible evidence. The Government shall make good-faith efforts to disclose such information to the defense as soon as reasonably possible after its existence becomes known to the Government, so as to enable the defense to make effective use of the information in the preparation of its case.... (Signed by Judge Denise L. Cote on 11/20/2020)(gr) (Entered: 03/22/2021)
3/22/2021
  • Order
ORDER: With consent of all parties, it is hereby ORDERED that the time of the arraignment and plea proceeding scheduled for February 3, 2021 is moved from 3:00 p.m. to 2 p.m. (Signed by Judge Denise L. Cote on 2/3/2021)(gr) (Entered: 03/22/2021)
3/22/2021
  • Order
ORDER: The Court having been informed that the defendant is prepared to waive indictment and plead guilty to the Information and that he prefers that the arraignment and plea proceeding in this matter occur via a videoconference proceeding, as opposed to an in person proceeding, it is herebyORDERED that the arraignment and plea proceeding is scheduled for Wednesday, February 3, 2021 at 3:00 p.m. and shall proceed via the Microsoft Teams videoconference platform, if that platform is reasonably available. To access the conference, paste the following link into your browser: https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDYzMTEyYTItYTdmZi00NTJiLWE3MjgtOGE5ZWMzNmJjNjM3% 40thread.v2/0?context=%7b%22Tid%22%3a%221d66f037-8266-4d1c-919c-67c6543d3542% 22%2c%22Oid%22%3a%2220b3b4ec-1ef6-4484-88f4-2126fecd52fa% 22%7d..... (Signed by Judge Denise L. Cote on 1/26/2021)(gr) (Entered: 03/22/2021)
2/17/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Daniel Kamensky. Notice is hereby given that an official transcript of a Conference proceeding held on 2/3/21 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: 02/17/2021)
2/17/2021TRANSCRIPT of Proceedings as to Daniel Kamensky re: Conference held on 2/3/21 before Judge Denise L. Cote. Court Reporter/Transcriber: George Malinowski, (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 3/10/2021. Redacted Transcript Deadline set for 3/22/2021. Release of Transcript Restriction set for 5/18/2021. (McGuirk, Kelly) (Entered: 02/17/2021)
2/8/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Daniel Kamensky. Notice is hereby given that an official transcript of a Conference proceeding held on 2/3/21 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: 02/08/2021)
2/8/2021TRANSCRIPT of Proceedings as to Daniel Kamensky re: Conference held on 2/3/21 before Judge Denise L. Cote. Court Reporter/Transcriber: George Malinowski, (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 3/1/2021. Redacted Transcript Deadline set for 3/11/2021. Release of Transcript Restriction set for 5/10/2021. (McGuirk, Kelly) (Entered: 02/08/2021)
2/4/2021NOTICE OF ATTORNEY APPEARANCE: Joon Hyun Kim appearing for Daniel Kamensky. Appearance Type: Retained. (Kim, Joon) (Entered: 02/04/2021)
2/3/2021Minute Entry for proceedings held before Judge Denise L. Cote: Arraignment as to Daniel Kamensky (1) Count 1 held on 2/3/2021. Today's proceeding conducted via videoconference using Teams Microsoft with consent of the defendant. Defendant present with attorney Joon Kim and Lawrence Gerschwer. Assistant U.S. Attorney Daniel Tracer present. Court reporter George Malinowski present. Waiver of Indictment filed. Defendant waives indictment and pleads guilty as charged in count one of the information. The Court accepts the guilty plea. PSI Ordered. Sentencing scheduled for May 7, 2021. Defense Submissions due April 23, 2021 Governments response due April 30,2021 Bail Continued. (See Transcript) Plea entered by Daniel Kamensky (1) Guilty as to Count 1. (lnl) (Entered: 03/09/2021)
2/3/2021Case Designated ECF as to Daniel Kamensky. (jm) (Entered: 02/04/2021)
2/3/2021WAIVER OF INDICTMENT by Daniel Kamensky. (jm) (Entered: 02/04/2021)
2/3/2021 INFORMATION (Felony) filed as to Daniel Kamensky (1) count(s) 1. (jm) (Entered: 02/04/2021)
1/4/2021
  • Motion to Continue
ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Daniel Kamensky. Time excluded from 1/4/21 until 2/3/21. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/4/21) [***Affirmation by AUSA Richard Cooper requesting a 30-day continuance until February 3, 2021 is attached.] (jbo) [1:20-mj-09381-UA] (Entered: 01/05/2021)
12/4/2020
  • Motion to Continue
ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Daniel Kamensky. Time excluded from 12/4/2020 until 1/4/2021. (Signed by Magistrate Judge Katharine H. Parker on 12/4/2020) [***Affirmation by AUSA Richard Cooper requesting a 30-day continuance until January 4, 2021 is attached.] (jbo) [1:20-mj-09381-UA] (Entered: 12/07/2020)
11/19/2020NOTICE OF INTENT TO FILE an Information by U.S.A. as to Daniel Kamensky. (jm) (Entered: 02/04/2021)
11/4/2020
  • Motion to Continue
ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Daniel Kamensky. Time excluded from 11/4/2020 until 12/4/2020. (Signed by Magistrate Judge Stewart D. Aaron on 11/4/2020) [***Affirmation by AUSA Richard Cooper requesting a 30-day continuance until December 4, 2020 is attached.] (jbo) [1:20-mj-09381-UA] (Entered: 11/06/2020)
10/5/2020
  • Motion to Continue
ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Daniel Kamensky. Time excluded from 10/5/2020 until 11/4/2020. (Signed by Magistrate Judge Barbara C. Moses on 10/5/2020) [***Affirmation by AUSA Richard Cooper requesting a 30-day continuance until November 4, 2020 is attached.] (jbo) [1:20-mj-09381-UA] (Entered: 10/05/2020)
9/3/2020Appearance Bond Entered as to Daniel Kamensky: $250,000 Personal Recognizance Bond; To be cosigned by Two Financially Responsible Persons; Additional Conditions.... [**Advice of Penalties and Sanctions attached.] (jbo) (Entered: 04/12/2021)
9/3/2020NOTICE OF ATTORNEY APPEARANCE: Joseph Andrew Matteo appearing for Daniel Kamensky. (jbo) [1:20-mj-09381-UA] (Entered: 09/03/2020)
9/3/2020NOTICE OF ATTORNEY APPEARANCE: Lawrence Gerschwer appearing for Daniel Kamensky. (jbo) [1:20-mj-09381-UA] (Entered: 09/03/2020)
9/3/2020Minute Entry for proceedings held before Magistrate Judge James L. Cott: Initial Appearance as to Daniel Kamensky held on 9/3/2020. Defendant with retained counsel Lawrence Gerschwer. AUSA Richard Cooper present for the government. BAIL DISPOSITION: AGREED CONDITIOS OF RELEASE: $250,000 PERSONAL RECOGNIZANCE BOND; TO BE COSIGNED BY TWO FINANCIALLY RESPONSIBLE PERSONS; TRAVEL RESTRICTED TO SDNY/EDNY/NDNY; SURRENDER TRAVEL DOCUMENTS AND NO NEW APPLICATIONS; PRETRIAL SUPERVISION AS DIRECTED BY PRETRIAL SERVICES; MENTAL HEALTH EVALUATION AND TREATMENT; DEFT TO BE RELEASED ON OWN SIGNATURE; REMAINING CONDITIONS TO BE MET BY 9/10/2020; DEFT MAY TRAVEL TO SDFL WITH PRIOR NOTICE TO PRETRIAL; NO CONTACT WITH WITNESSES OUTSIDE OF MARBLE RIDGE EXCEPT IN THE PRESENCE OF COUNSEL; NO COMMUNICATION REGARDING THE SUBSTANCE OF THE ALLEGATIONS IN THIS CASE WITH WITNESSES INSIDE MARBLE RIDGE. (Preliminary Hearing Date: 10/5/2020) On defendant's consent. (jbo) [1:20-mj-09381-UA] (Entered: 09/03/2020)
9/3/2020CONSENT TO PROCEED VIDEO OR TELE CONFERENCE as to Daniel Kamensky. (Signed by Magistrate Judge James L. Cott on 9/3/2020)(jbo) [1:20-mj-09381-UA] (Entered: 09/03/2020)
9/3/2020Arrest of Daniel Kamensky. (jbo) [1:20-mj-09381-UA] (Entered: 09/03/2020)
9/2/2020
  • Complaint
SEALED COMPLAINT as to Daniel Kamensky (1). In Violation of 15 U.S.C. 77q, 77x; 18 U.S.C 152(6), 1343, 1512 & 2. (Signed by Magistrate Judge Sarah L Cave) (jbo) [1:20-mj-09381-UA] (Entered: 09/03/2020)