USA v. Lewis et al

1:21-cr-00729 | New York Southern District Court

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Division Foley Square
Judge Judge Lewis A. Kaplan
Filed Dec. 1, 2021
Case Flags APPEAL, ECF, and PRIOR
The docket is incomplete. Sign up for verified information.
Filing Date # Docket Text
3/4/2025Transmission of USCA Mandate/Order to District Judge
3/4/2025USCA Mandate - Final Judgment Appeal
3/3/2025Memo Endorsement
6/28/2024Endorsed Letter
6/28/2024Letter
6/27/2024Memo Endorsement
6/26/2024Notice of Attorney Appearance - Defendant
6/25/2024Letter
6/17/2024 MEMORANDUM AND ORDER as to Tatiana Daniel. The defendant pled guilty to a series of outrageous frauds that took advantage of the COVID-19 pandemic for her own benefit. She was sentenced on April 29, 2024 in principal part to a term of imprisonment of 33 months. The Court granted her request for voluntary surrender to the Bureau of Prisons ("BOP") on the date and by the time designated by it, which was not to be earlier than June 6, 2024, and continued her on bail pending her surrender. The request for a 60-day extension is denied. The prior order directing surrender at the institution designated by the BOP for the service of defendant's sentence is vacated. Defendant is directed to surrender to the US Marshal for this district on the fourth floor of the courthouse at 500 Pearl Street, New York, NY on July 8, 2024 before 2 p.m. This will relieve defendant herself of the cost of the trip to Waseca, Minnesota, as she would be transported at government expens e. It would permit her family to accompany her to the place of surrender right here in New York City and spare them the cost and inconvenience of a trip to Minnesota. Nothing herein should be construed as indicating a negative view by the Court with respect to defendant's attempt to have the BOP redesignate her to a facility closer to New York. The Court would have no objection to such action. (Signed by Judge Lewis A. Kaplan on 6/17/24)(jw)
6/6/2024Letter
5/16/2024 MEMO ENDORSEMENT as to Tatiana Daniel (3) granting 132 LETTER MOTION addressed to Judge Lewis A. Kaplan from Ezra Spilke dated May 15, 2024 re: extend surrender date. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/16/2024) (lnl)
3/12/2024CONSENT ORDER OF RESTITUTION as to Tatiana Daniel. (Signed by Judge Lewis A. Kaplan on 3/6/2024) (ap)
3/7/2024 JUDGMENT IN A CRIMINAL CASE as to Tatiana Daniel (3). THE DEFENDANT: pleaded guilty to count (S1) One. Counts All Open are dismissed on the motion of the United States. IMPRISONMENT: 33 Months. The defendant shall surrender for service of se ntence at the institution designated by the Bureau of Prisons: as notified by the Probation or Pretrial Services Office., but surrender shall not be required before June 6, 2024. SUPERVISED RELEASE: 3 Years subject to the mandatory, standard, and following special conditions: 1.You must provide the probation officer with access to any requested financial information. 2. You must not incur new credit charges or open additional lines of credit without the approval of the probation officer unl ess you are in compliance with the installment payment schedule. 3. You shall submit your person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a s earch by any United States Probation Officer, and if needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the pe rson being supervised. Failure to submit to a search may be grounds for revocation of release. You shall warn any other occupants that the premises may be subject to searches pursuant to this condition. Any search shall be conducted at a reasonable t ime and in a reasonable manner. 4. You must participate in a cognitive behavioral treatment program under the guidance and supervision of the probation officer, until such time as you are released from the program by the probation officer. It is recommended that the defendant be supervised by the district of residence. (Signed by Judge Lewis A. Kaplan on 3/7/2024) (ap)
2/29/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Chanette Lewis. Notice is hereby given that an official transcript of a Conference proceeding held on 1/31/24 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: 02/29/2024)
2/29/2024TRANSCRIPT of Proceedings as to Chanette Lewis re: Conference held on 1/31/24 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/21/2024. Redacted Transcript Deadline set for 4/1/2024. Release of Transcript Restriction set for 5/29/2024. (Moya, Goretti) (Entered: 02/29/2024)
2/26/2024Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Chanette Lewis re: 115 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 02/26/2024)
2/26/2024Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Chanette Lewis to US Court of Appeals re: 115 Notice of Appeal - Final Judgment. (tp) (Entered: 02/26/2024)
2/26/2024Appeal Remark as to Chanette Lewis re: 115 Notice of Appeal - Final Judgment. $605.00 Appeal Fee Waived. Federal Defenders of New York, Inc. (tp) (Entered: 02/26/2024)
2/26/2024NOTICE OF APPEAL filed on 2/15/2024 by Chanette Lewis from 113 Judgment. (tp) (Entered: 02/26/2024)
2/22/2024JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 2/1/2024. Defendant Heaven West (4) pleaded guilty to Count(s) 1. Count(s) all open are dismissed on the motion of the United States. IMPRISONMENT: Time Served. SUPERVISED RELEASE: Three years subject to the mandatory, standard, and special conditions as set forth in your presentence report at pages 27 to 29: You must provide the probation officer with access to any requested financial information. - You must not incur new credit charges or open additional lines of credit without the approval of the probation officer unless you are in compliance with the installment payment schedule. - You shall submit your person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, and if needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the person being supervised. Failure to submit to a search may be grounds for revocation of release. You shall warn any other occupants that the premises may be subject to searches pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner. - You shall participate in vocational and educational courses, to better prepare you for future employment opportunities. Standard Conditions of Supervision (See page 4 of Judgment). ASSESSMENT: $100.00, due immediately. RESTITUTION: $59,644. - Special instructions regarding the payment of criminal monetary penalties: The restitution in shall be payable in monthly installments equal to 10 percent of your income for the preceding month starting the month after each of you is released from the custody imposed by this judgment. Joint and Several: (See page 6 of Judgment). - The defendant shall forfeit the defendant's interest in the following property to the United States: $23,684 as further set forth by the order of forfeiture (DI 104). (Signed by Judge Lewis A. Kaplan on 2/22/2024) (bw) (Entered: 02/23/2024)
2/22/2024DISMISSAL OF COUNTS on Government Motion as to Heaven West (4) Count 2. (bw) (Entered: 02/23/2024)
2/22/2024JUDGMENT In A Criminal Case (S2 21-Cr-729-01). Date of Imposition of Judgment: 2/8/2024. Defendant Chanette Lewis (1) pleaded guilty to Count(s) 1s-2s. Count(s) all open are dismissed on the motion of the United States. IMPRISONMENT: 36 Months on each count, the terms to run concurrently. Defendant Lewis is directed to surrender to the Bureau of Prisons on the date, and by the time, she is directed by them to do so. Which date shall not be before September 1, 2024. - The court makes the following recommendations to the Bureau of Prisons: That consistent with her security classification, she be designated to a facility as close to the New York metropolitan area as possible, and that it not be the MDC Brooklyn. SUPERVISED RELEASE: 3 Years, subject the mandatory, standard, and following special conditions of supervision: 1)You must provide the probation officer with access to any requested financial information. 2)You must not incur new credit charges or open additional lines of credit without the approval of the probation officer unless you are in compliance with the installment payment schedule. 3) You must participate in an outpatient mental-health treatment program approved by the United States Probation Office. You must continue to take any prescribed medications unless otherwise instructed by the healthcare provider. You must contribute to the cost of services rendered based on your ability to pay and the availability of third-party payments. The Court authorizes the release of available psychological and psychiatric evaluations and reports, including the presentence investigation report, to the healthcare provider. 4) You shall submit your person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, and if needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the person being supervised. Failure to submit to a search may be grounds for revocation of release. You shall warn any other occupants that the premises may be subject to searches pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner. Standard Conditions of Supervision (See page 4 of Judgment). ASSESSMENT: $200.00, due immediately. RESTITUTION: $360,330. - Special instructions regarding the payment of criminal monetary penalties: The restitution will be payable in monthly installments equal to 10 percent of her income for the proceeding month starting on the first day of the second month following the month in which she is released from the term of imprisonment imposed thereby. Joint and Several: (See page 6 of Judgment). - The defendant shall forfeit the defendant's interest in the following property to the United States: $289,536 As more fully set forth in the Consent Preliminary Order of Forfeiture/Money Judgment (DI 63). (Signed by Judge Lewis A. Kaplan on 2/22/2024)(bw) (Entered: 02/22/2024)
2/22/2024DISMISSAL OF COUNTS on Government Motion as to Chanette Lewis (1) Count 1,2,3,4,5. (bw) (Entered: 02/22/2024)
2/22/2024JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 1/31/2024. Defendant Tatiana Benjamin (2) pleaded guilty to Count(s) 2. Count(s) All Open are dismissed on the motion of the United States. IMPRISONMENT: 12 Months and 1 day. The defendant shall surrender to the Bureau of Prisons ("Bureau") at the institution designated by it for the commencement of service of the sentence on the date and by the time designated by the Bureau, which shall not be earlier than 5/1/2024. If the defendant for any reason has not previously surrendered to the Bureau, the defendant shall surrender to the United States Marshal for this district, on the fourth floor of this building, on 5/2/2024 before 2 p.m. SUPERVISED RELEASE: 3 Years subject to the mandatory, standard, and following special conditions of supervised release: You must provide the probation officer with access to any requested financial information. - You must not incur new credit charges or open additional lines of credit without the approval of the probation officer unless you are in compliance with the installment payment schedule. - You shall submit your person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, and if needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the person being supervised. Failure to submit to a search may be grounds for revocation of release. You shall warn any other occupants that the premises may be subject to searches pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner. - If you are sentenced to any period of supervision, it is recommended that you be supervised by the district of residence. Standard Conditions of Supervision (See page 4 of Judgment). ASSESSMENT: $100.00, due immediately. RESTITUTION: $294,624. - Special instructions regarding the payment of criminal monetary penalties: The defendant shall pay restitution in the amount of $294,624. The restitution obligation is more fully set forth in the written order of restitution (DI 106). The restitution shall be payable in monthly installments equal to 10 percent of your income for the preceding month starting the month after each of you is released from the custody imposed by this judgment. Joint and Several: (See page 6 of Judgment). (Signed by Judge Lewis A. Kaplan on 2/21/2024)(bw) (Entered: 02/22/2024)
2/22/2024DISMISSAL OF COUNTS on Government Motion as to Tatiana Benjamin (2) Count 1,4. (bw) (Entered: 02/22/2024)
2/8/2024Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 2/8/2024 for Chanette Lewis (1) Count 1s-2s. Sentencing hearing continued from 1/31/2024. Defendant Chanette Lewis (1) before district Judge Hon. Lewis A. Kaplan regarding defendant Chanette Lewis (1) held. Defendant present with attorney Mark Gombiner. AUSA Michael Neff present. Court reporter Dana Holland present. Defendant Lewis is committed to the custody of the attorney general or the designate for a term of 36 months on each count the term is to run concurrently that supervised release of 3 years, and that she pay the mandatory special assessment of $200. Forfeiture of $289,536 as more fully set forth in the order of forfeiture signed and she pay restitution of $360,330 as more fully set forth in the order of restitution signed on 2/8/2024. The restitution will be payable in monthly installments equal to 10 percent of her income for the proceeding month starting on the first day of the second month following the month in which she is released from the term of imprisonment imposed thereby. The term of supervised release shall be subject the mandatory, standard, and following special conditions of supervision, which excludes number 1 recommended by the PSR: 2. You must provide the probation officer with access to any requested financial information. 3. You must not incur new credit charges or open additional lines of credit without the approval of the probation officer unless you are in compliance with the installment payment schedule. 4. You must participate in an outpatient mental-health treatment program approved by the United States Probation Office. You must continue to take any prescribed medications unless otherwise instructed by the healthcare provider. You must contribute to the cost of services rendered based on your ability to pay and the availability of third-party payments. The Court authorizes the release of available psychological and psychiatric evaluations and reports, including the presentence investigation report, to the healthcare provider. You shall submit your person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, and if needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the person being supervised. Failure to submit to a search may be grounds for revocation of release. You shall warn any other occupants that the premises may be subject to searches pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner. Defendant Lewis is directed to surrender to the Bureau of Prisons on the date and by the time she is directed by them to do so. Which date shall not be before September 1, 2024. Her compliance with that direction is also made a condition of her continued bail. The court recommends to the BOP that she be designated to a facility as close to New York as possible and that it not be the MDC. Defendant remained released on bail. (lnl) (Entered: 02/09/2024)
2/8/2024CONSENT/PROPOSED ORDER OF RESTITUTION as to (21-Cr-729-1) Chanette Lewis. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 2/8/2024) [*** NOTE: See this Order for as set forth. ***] (bw) (Entered: 02/08/2024)
2/7/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Tatiana Benjamin, Heaven West. Notice is hereby given that an official transcript of a Sentence proceeding held on 2/1/24 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: 02/07/2024)
2/7/2024TRANSCRIPT of Proceedings as to Tatiana Benjamin, Heaven West re: Sentence held on 2/1/24 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Nicole DIMasi, (212) 805-0320, 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 2/28/2024. Redacted Transcript Deadline set for 3/11/2024. Release of Transcript Restriction set for 5/7/2024. (Moya, Goretti) (Entered: 02/07/2024)
2/6/2024CONSENT ORDER OF RESTITUTION as to (21-Cr-729-4) Heaven West. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 2/1/2024) [*** NOTE: See this Order as set forth. ***] (bw) (Entered: 02/06/2024)
2/6/2024CONSENT ORDER OF RESTITUTION as to Tatiana Benjamin. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 2/1/2024) [*** NOTE: See this Order as set forth. ***] (bw) (Entered: 02/06/2024)
2/2/2024CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Heaven West. (Signed by Judge Lewis A. Kaplan on 2/2/24)(jw) (Entered: 02/02/2024)
2/2/2024ORDER as to Tatiana Benjamin. IT IS HEREBY ORDERED that the defendant's guilty plea is accepted (Signed by Judge Lewis A. Kaplan on 2/1/24)(jw) (Entered: 02/02/2024)
2/2/2024ORDER as to Heaven West. It IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED (Signed by Judge Lewis A. Kaplan on 2/1/2024)(jw) (Entered: 02/02/2024)
2/2/2024CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Tatiana Benjamin. (Signed by Judge Lewis A. Kaplan on 2/2/24)(jw) (Entered: 02/02/2024)
2/1/2024Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 2/1/2024 for Tatiana Benjamin (2) Count 2. Sentencing concerning defendant TATIANA BENJAMIN (02) held before the Hon. Lewis A. Kaplan. Defendant Benjamin (02) present with attorney Thomas A. Farinella. AUSA Michael D. Neff present.Court reporter Nicole DiMasi present. The Court adopted the PSR with amendments as detailed in the COURT ORDERED REVISIONS OF PSI INFORMATION (BLUE CARD) and transmitted to probation via entry on ECF. It is the judgment of this Court that defendant benjamin be committed to the custody of the attorney general of the United States or his designee for a term of imprisonment of twelve months and one day. She shall thereafter serve a term of supervised release of three years and pay the mandatory special assessment of $100. It's further adjudged that she forfeit to the United States $51,088 as is more fully set forth in detail in the written order of forfeiture. The defendanr shall pay restitution in the amount of $294,624. The restitution obligation is more fully set forth in the written order of restitution. The restitution shall be payable in monthly installments equal to 10 percent of your income for the preceding month starting the month after each of you is released from the custody imposed by this judgment. The term of supervised release in each case shall be subject to the mandatory, standard, and following special conditions: You must provide the probation officer with access to any requested financial information. You must not incur new credit charges or open additional lines of credit without the approval of the probation officer unless you are in compliance with the installment payment schedule. You shall submit your person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, and if needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the person being supervised. Failure to submit to a search may be grounds for revocation of release. You shall warn any other occupants that the premises may be subject to searches pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner. If you are sentenced to any period of supervision, it is recommended that you be supervised by the district of residence. Defendant Benjamin, shall surrender to the BOP at the facility and as directed except that if she have not surrendered to the Bureau of Prisons before May 2, 2024, she is to surrender to the U.S. marshal for this district on the fourth floor of this building on May 2, 2024 before 2:00 PM. (lnl) (Entered: 02/07/2024)
2/1/2024Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 2/1/2024 for Heaven West (4) Count 1. Sentencing concerning defendant Heaven West (04) held before the Hon. Lewis A. Kaplan. Defendant Heaven West (04) present with attorney Marlon Kirton. AUSA Michael D. Neff present.Court reporter Nicole DiMasi present. The Court adopted the PSR with amendments as detailed in the COURT ORDERED REVISIONS OF PSI INFORMATION (BLUE CARD) and transmitted to probation via entry on ECF. It is the judgment of this Court that defendant West be committed to the custody of the attorney general of the United States or his designee for a term of imprisonment in the case time served. She shall thereafter shall serve a term of supervised release of three years. Defendant West shall pay the mandatory special assessment of $100. It's further adjudged that each of she forfeit to the United States $23,684. The forfeiture is more fully set forth in the written orders of forfeiture. You will pay restitution. The amount of restitution in the amount is $59,644. In each case, the restitution obligation is more fully set forth in the written order of restitution that I have signed already. The restitution in shall be payable in monthly installments equal to 10 percent of your income for the preceding month starting the month after each of you is released from the custody imposed by this judgment. The terms of supervised release in each case shall be subject to the mandatory, standard, and special conditions and the special conditions as set forth in your presentence report at pages 27 to 29: You must provide the probation officer with access to any requested financial information. You must not incur new credit charges or open additional lines of credit without the approval of the probation officer unless you are in compliance with the installment payment schedule. You shall submit your person, and any property, residence, vehicle, papers, computer, other electronic communication, data storage devices, cloud storage or media, and effects to a search by any United States Probation Officer, and if needed, with the assistance of any law enforcement. The search is to be conducted when there is reasonable suspicion concerning violation of a condition of supervision or unlawful conduct by the person being supervised. Failure to submit to a search may be grounds for revocation of release. You shall warn any other occupants that the premises may be subject to searches pursuant to this condition. Any search shall be conducted at a reasonable time and in a reasonable manner. You shall participate in vocational and educational courses, to better prepare you for future employment opportunities. If you are sentenced to any period of supervision, it is recommended that you be supervised by the district of residence. (lnl) (Entered: 02/07/2024)
1/31/2024Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Chanette Lewis held on 1/31/2024. Sentencing hearing begun and adjourned regarding defendant Chanette Lewis (1) before district judge Hon. Lewis A. Kaplan regarding defendant Cyron Lee held. Defendant present with attorney Mark Gombiner. AUSA Michael Neff present. Court reporter Rebecca Forman present. PSR adopted by the Court with corrections. Sentencing continued until 2/8/2024 at 2:00 PM. Defendant remained on bail. (Sentencing set for 2/8/2024 at 02:00 PM before Judge Lewis A. Kaplan.) (jbo) (Entered: 02/01/2024)
10/23/2023MEMO ENDORSEMENT as to Heaven West (4) granting 100 LETTER MOTION addressed to Judge Lewis A. Kaplan from EMILEE A. SAHLI dated October 22, 2023 re: BAIL MODIFICATION. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 10/23/2023) (ap) (Entered: 10/23/2023)
10/22/2023 LETTER MOTION addressed to Judge Lewis A. Kaplan from EMILEE A. SAHLI dated October 22, 2023 re: BAIL MODIFICATION . Document filed by Heaven West. (Sahli, Emilee) (Entered: 10/22/2023)
9/26/2023SENTENCING SUBMISSION by Chanette Lewis. (Attachments: # 1 Exhibit Letter from Cynthia Lewis, Sr, # 2 Exhibit Letter from Cynthia Lewis, Jr, # 3 Exhibit Letter from Remy Hayward)(Gombiner, Mark) (Entered: 09/26/2023)
9/14/2023SENTENCING SUBMISSION by Chanette Lewis. (Attachments: # 1 Exhibit Letter from Cynthia Lewis, Sr)(Gombiner, Mark) (Entered: 09/14/2023)
9/12/2023Sentencing Letter by USA as to Chanette Lewis addressed to Judge Lewis A. Kaplan. (Neff, Michael) (Entered: 09/12/2023)
9/12/2023Sentencing Letter by USA as to Tatiana Benjamin addressed to Judge Lewis A. Kaplan. (Neff, Michael) (Entered: 09/12/2023)
9/12/2023Sentencing Letter by USA as to Heaven West addressed to Judge Lewis A. Kaplan. (Neff, Michael) (Entered: 09/12/2023)
9/12/2023SENTENCING SUBMISSION by Tatiana Benjamin. (Farinella, Thomas) (Entered: 09/12/2023)
9/12/2023Sentencing Letter by Tatiana Benjamin addressed to Honorable Lewis A. Kaplan from Thomas A. Farinella dated September 12, 2023 re: Tatiana Benjamin's Sentencing Memorandum. (Attachments: # 1 Exhibit Tatiana Benjamin's Sentencing Memorandum)(Farinella, Thomas) (Entered: 09/12/2023)
9/12/2023 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#94) SENTENCING SUBMISSION by Tatiana Benjamin as to Tatiana Daniel. (Farinella, Thomas) Modified on 9/14/2023 (lb). (Entered: 09/12/2023)
7/20/2023MEMO ENDORSEMENT as to (21-Cr-729-1) Chanette Lewis on re: 90 LETTER by Chanette Lewis addressed to Judge Lewis A. Kaplan from Attorney Mark Gombiner dated July 19, 2023 re: Modification of Bail Conditions.... I write with no objection from Pre-trial Services (PTS) and the Government to respectfully request that the Court modify Ms. Lewis's conditions of release to allow her to travel to the Southern District of Florida between July 25 and July 28, 2023, for the purpose of celebrating her birthday with her three children. Ms. Lewis would fly to Orlando, Florida on July 25th, stay at the Coco Key Hotel and Water Resort, and return to the Southern District of New York on July 28th. We will provide Pre-Trial Services the exact address, travel itinerary, and any other requested information. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/20/2023)(bw) (Entered: 07/20/2023)
7/19/2023 LETTER by Chanette Lewis addressed to Judge Lewis A. Kaplan from Mark Gombiner dated July 19, 2023 re: Modification of Bail Conditions (Gombiner, Mark) (Entered: 07/19/2023)
6/21/2023MEMO ENDORSEMENT 88 LETTER MOTION addressed to Judge Lewis A. Kaplan from Emilee A. Sahli dated June 16, 2023 re: Bail Modification as to Heaven West...ENDORSEMENT..Application granted on consent of the Government (Signed by Judge Lewis A. Kaplan on 6/21/2023) (jw) (Entered: 06/21/2023)
6/16/2023 LETTER MOTION addressed to Judge Lewis A. Kaplan from Emilee A. Sahli dated June 16, 2023 re: Bail Modification . Document filed by Heaven West. (Sahli, Emilee) (Entered: 06/16/2023)
6/8/2023FIRST MOTION to Postpone Sentencing by Tatiana Benjamin. Document filed by Tatiana Benjamin. Return Date set for 6/13/2023 at 02:00 PM. (Farinella, Thomas) (Entered: 06/08/2023)
6/5/2023SENTENCING SUBMISSION by Heaven West. (Attachments: # 1 Exhibit Letter of Support, # 2 Exhibit Letter of Support)(Kirton, Marlon) (Entered: 06/05/2023)
5/22/2023 LETTER MOTION addressed to Judge Lewis A. Kaplan from Ezra Spilke dated May 22, 2023 re: adjournment of sentencing . Document filed by Tatiana Daniel. (Spilke, Ezra) (Entered: 05/22/2023)
5/19/2023SENTENCING SUBMISSION by USA as to Tatiana Daniel. (Neff, Michael) (Entered: 05/19/2023)
5/4/2023SENTENCING SUBMISSION by Tatiana Daniel. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Spilke, Ezra) (Entered: 05/04/2023)
5/3/2023 LETTER by Chanette Lewis as to Chanette Lewis, Tatiana Benjamin, Tatiana Daniel, Heaven West addressed to Judge Lewis A. Kaplan from Mark Gombiner dated May 3, 2023 re: Adjournment of Sentence Document filed by Chanette Lewis. (Gombiner, Mark) (Entered: 05/03/2023)
4/11/202380SEALED DOCUMENT placed in vault. (jus) (Entered: 04/11/2023)
3/15/2023MEMO ENDORSEMENT as to Chanette Lewis on re: 76 I am requesting that the terms of Ms. Lewis's bail be modified to permit her to travel to Orlando, Florida between March 27 and March 30, 2023...ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Lewis A. Kaplan on 3/15/2023)(jw) (Entered: 03/15/2023)
3/14/2023Set/Reset Deadlines/Hearings as to Tatiana Daniel: Sentencing set for 5/18/2023 at 03:00 PM before Judge Lewis A. Kaplan (jw) (Entered: 03/14/2023)
3/14/2023MEMO ENDORSEMENT 77 LETTER MOTION addressed to Judge Lewis A. Kaplan from Ezra Spilke dated March 13, 2023 re: adjournment of sentencing as to Tatiana Daniel...ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Lewis A. Kaplan on 3/14/2023) (jw) (Entered: 03/14/2023)
3/13/2023 LETTER MOTION addressed to Judge Lewis A. Kaplan from Ezra Spilke dated March 13, 2023 re: adjournment of sentencing . Document filed by Tatiana Daniel. (Spilke, Ezra) (Entered: 03/13/2023)
3/8/2023 LETTER by Chanette Lewis addressed to Judge Lewis A. Kaplan from Mark Gombiner dated March 8, 2023 re: Modification of Bail Conditions (Gombiner, Mark) (Entered: 03/08/2023)
1/10/2023MEMO ENDORSEMENT as to Chanette Lewis on re: 67 LETTER by Chanette Lewis addressed to Judge Lewis A. Kaplan from Mark Gombiner dated January 10, 2023 re: Modification of Bail Conditions. ENDORSEMENT: Granted on consent. (Signed by Judge Lewis A. Kaplan on 1/10/2023) (ap) (Entered: 01/10/2023)
1/10/2023 LETTER by Chanette Lewis addressed to Judge Lewis A. Kaplan from Mark Gombiner dated January 10, 2023 re: Modification of Bail Conditions (Gombiner, Mark) (Entered: 01/10/2023)
12/22/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Heaven West. Notice is hereby given that an official transcript of a Plea proceeding held on 12/14/22 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: 12/22/2022)
12/22/2022TRANSCRIPT of Proceedings as to Heaven West re: Plea held on 12/14/22 before Magistrate Judge James L. Cott. Court Reporter/Transcriber: Paula Horovitz, (212) 805-0348, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/12/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/22/2023. (Moya, Goretti) (Entered: 12/22/2022)
12/21/2022CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to (S1 21-Cr-729-3) Tatiana Daniel....[*** See this Consent Preliminary Order of Forfeiture/Money Judgment ***]... IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Damian Williams, United States Attorney, Assistant United States Attorney Michael D. Neff, and the Defendant and her counsel, Ezra Spilke, Esq., that: 1. As a result of the offense charged in Count One of the Information, to which the Defendant pled guilty, a money judgment in the amount of $109,655 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offense charged in Count One of the Information that the Defendant personally obtained, shall be entered against the Defendant. 2. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Consent Preliminary Order of Forfeiture/Money Judgment is final as to the Defendant TATIANA DANIEL, and shall be deemed part of the sentence of the Defendant, and shall be included in the judgment of conviction therewith....[*** See this Consent Preliminary Order of Forfeiture/Money Judgment ***]... 7. The Court shall retain jurisdiction to enforce this Consent Preliminary Order of Forfeiture/Money Judgment, and to amend it as necessary, pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure. 8. The signature page of this Consent Preliminary Order of Forfeiture/Money Judgment may be executed in one or more 9ounterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 12/21/2022)(bw) (Entered: 12/21/2022)
12/21/2022CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to (S2 21-Cr-729-1) Chanette Lewis....[*** See this Consent Preliminary Order of Forfeiture/Money Judgment ***]... IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Damian Williams, United States Attorney, Assistant United States Attorney Michael D. Neff, and the Defendant and her counsel, Mark Gombiner, Esq., that: 1. As a result of the offenses charged in Counts One and Two of the Information, to which the Defendant pled guilty, a money judgment in the amount of $289,536 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offenses charged in Counts One and Two of the Information that the Defendant personally obtained, shall be entered against the Defendant. 2. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Consent Preliminary Order of Forfeiture/Money Judgment is final as to the Defendant CHANETTE LEWIS, and shall be deemed part of the sentence of the Defendant, and shall be included in the judgment of conviction therewith....[*** See this Consent Preliminary Order of Forfeiture/Money Judgment ***]... 7. The Court shall retain jurisdiction to enforce this Consent Preliminary Order of Forfeiture/Money Judgment, and to amend it as necessary, pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure. 8. The signature page of this Consent Preliminary Order of Forfeiture/Money Judgment may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 12/21/2022)(bw) (Entered: 12/21/2022)
12/21/2022ORDER as to (S2 21-Cr-729-1) Chanette Lewis. WHEREAS, with the consent of defendant Chanette Lewis, the defendant's guilty plea allocution was taken before a United States Magistrate Judge on December 2, 2022; WHEREAS a transcript of the allocution was made and thereafter was transmitted to this Court; and WHEREAS, upon review of that transcript, this Court has determined that the defendant entered the guilty plea knowingly and voluntarily and that there was a factual basis for the guilty plea, IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/21/2022)(bw) (Entered: 12/21/2022)
12/21/2022ORDER as to (S1 21-Cr-729-3) Tatiana Daniel. WHEREAS, with the consent of defendant Tatiana Daniel, the defendant's guilty plea allocution was taken before a United States Magistrate Judge on November 22, 2022; WHEREAS a transcript of the allocution was made and thereafter was transmitted to this Court; and WHEREAS, upon review of that transcript, this Court has determined that the defendant entered the guilty plea knowingly and voluntarily and that there was a factual basis for the guilty plea, IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/21/2022)(bw) (Entered: 12/21/2022)
12/20/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Tatiana Benjamin. Notice is hereby given that an official transcript of a Plea proceeding held on 12/13/2022 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: 12/20/2022)
12/20/2022TRANSCRIPT of Proceedings as to Tatiana Benjamin re: Plea held on 12/13/2022 before Magistrate Judge James L. Cott. 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 1/10/2023. Redacted Transcript Deadline set for 1/20/2023. Release of Transcript Restriction set for 3/20/2023. (McGuirk, Kelly) (Entered: 12/20/2022)
12/16/2022ORDER as to (21-Cr-729-4) Heaven West. WHEREAS, with the consent of defendant Heaven West, the defendant's guilty plea allocution was taken before a United States Magistrate Judge on December 14, 2022; WHEREAS a transcript of the allocution was made and thereafter was transmitted to this Court; and WHEREAS, upon review of that transcript, this Court has determined that the defendant entered the guilty plea knowingly and voluntarily and that there was a factual basis for the guilty plea, IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/16/2022)(bw) (Entered: 12/16/2022)
12/16/2022ORDER as to Tatiana Benjamin. IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. SO ORDERED (Signed by Judge Lewis A. Kaplan on 12/16/22)(jw) (Entered: 12/16/2022)
12/14/2022Oral Order of Referral to Probation for Presentence Investigation and Report as to Heaven West. (Signed by Magistrate Judge James L. Cott on 12/14/2022) (lnl) (Entered: 12/15/2022)
12/14/2022Minute Entry for proceedings held before Magistrate Judge James L. Cott: Change of Plea Hearing as to Heaven West held on 12/14/2022. Deft. Pres. W/atty Marlon Kirton. AUSA Neff. Court reporter pres. Deft pleas guilty to Count 1 of the Indictment. Judge Cott recommends that Judge Kaplan Accept this plea. PSR ordered. Sent date set for 5/18/23@ 3:00 PM. Bail Cont'd. Plea entered by Heaven West (4) Guilty as to Count 1. (Sentencing set for 5/18/2023 at 03:00 PM before Judge Lewis A. Kaplan) (lnl) (Entered: 12/15/2022)
12/14/2022CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by (21-Cr-729-4) Heaven West. Accepted by: (Signed by Magistrate Judge James L. Cott on 12/14/2022) (bw) (Entered: 12/14/2022)
12/13/2022CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Tatiana Daniel. (jm) (Entered: 12/13/2022)
12/13/2022Order of Referral to Probation for Presentence Investigation and Report as to Tatiana Benjamin. (Signed by Magistrate Judge James L. Cott on 12/13/22)(jbo) (Entered: 12/13/2022)
12/13/2022Change of Not Guilty Plea to Guilty Plea as to Tatiana Benjamin (2) Count 2. (jbo) (Entered: 12/13/2022)
12/13/2022Minute Entry for proceedings held before Magistrate Judge James L. Cott: Plea entered by Tatiana Benjamin (2) Guilty as to Count 2. (jbo) (Entered: 12/13/2022)
12/13/2022Minute Entry for proceedings held before Magistrate Judge James L. Cott: Change of Plea Hearing as to Tatiana Benjamin held on 12/13/2022. Deft. Pres w/att Farinella, AUSA Neff. Court reporter. Deft pleas guilty to count 2 of the Indictment. Judge Cott Recommends that Judge Koeltl accept plea. PSR ordered. Sent date set for 5/18/2023. Bail cont'd (jbo) (Entered: 12/13/2022)
12/12/2022NOTICE OF ATTORNEY APPEARANCE: Emilee Ann Sahli appearing for Heaven West. Appearance Type: CJA Appointment. Associate Counsel. (Sahli, Emilee) (Entered: 12/12/2022)
12/8/2022MEMO ENDORSEMENT 52 LETTER MOTION addressed to Judge Lewis A. Kaplan from Marlon G. Kirton, Esq. dated December 6, 2022 re: Associate Counsel Request...ENDORSEMENT...Granted. SO ORDERED (Signed by Judge Lewis A. Kaplan on 12/8/22) (jw) (Entered: 12/08/2022)
12/6/2022 LETTER MOTION addressed to Judge Lewis A. Kaplan from Marlon G. Kirton, Esq. dated December 6, 2022 re: Associate Counsel Request . Document filed by Heaven West. (Attachments: # 1 Exhibit Sahli Resume)(Kirton, Marlon) (Entered: 12/06/2022)
12/2/2022Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Defendant is present with counsel Mark Gombiner; AUSA Neff is also present. Arraignment as to Chanette Lewis (1) Count 1s-2s held on 12/2/2022. Plea entered by Chanette Lewis (1) Guilty as to Count 1s-2s. USMJ Aaron recommends acceptance of the plea. (Court Reporter PRESENT) (jm) (Entered: 12/02/2022)
12/2/2022CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Chanette Lewis. (jm) (Entered: 12/02/2022)
12/2/2022WAIVER OF INDICTMENT by Chanette Lewis. (jm) (Entered: 12/02/2022)
12/2/2022(S2) SUPERSEDING INFORMATION (Felony) filed as to Chanette Lewis (1) count(s) 1s-2s. (jm) (Entered: 12/02/2022)
12/1/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Tatiana Daniel. Notice is hereby given that an official transcript of a Plea proceeding held on 11/22/22 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: 12/01/2022)
12/1/2022TRANSCRIPT of Proceedings as to Tatiana Daniel re: Plea held on 11/22/22 before Magistrate Judge Ona T. Wang. Court Reporter/Transcriber: Sara Beiter, (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 12/22/2022. Redacted Transcript Deadline set for 1/3/2023. Release of Transcript Restriction set for 3/1/2023. (Moya, Goretti) (Entered: 12/01/2022)
11/22/2022Order of Referral to Probation for Presentence Investigation and Report as to Tatiana Daniel. (jm) (Entered: 11/22/2022)
11/22/2022Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Defendant is present with counsel Ezra Spilke; AUSA Michael Neff is also present. Court Reporter present. Arraignment as to Tatiana Daniel (3) Count 1s held on 11/22/2022. Plea entered by Tatiana Daniel (3) Guilty as to Count 1s., As to Tatiana Daniel. USMJ Wang accepts the plea. PSI ordered. Bail continued. ( Sentencing set for 3/29/2023 at 02:30 PM before Judge Lewis A. Kaplan.) (jm) (Entered: 11/22/2022)
11/22/2022WAIVER OF INDICTMENT by Tatiana Daniel. (jm) (Entered: 11/22/2022)
11/22/2022(S1) SUPERSEDING INFORMATION (Felony) filed as to Tatiana Daniel (3) count(s) 1s. (jm) (Entered: 11/22/2022)
11/22/2022CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Tatiana Daniel. (jm) (Entered: 11/22/2022)
11/22/2022Oral Order of Referral to Probation for Presentence Investigation and Report as to Tatiana Daniel. (Signed by Magistrate Judge Ona T. Wang on 11/22/2022) (ap) (Entered: 11/22/2022)
11/22/2022Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Plea entered by Tatiana Daniel (3) Guilty as to Count 1. (ap) (Entered: 11/22/2022)
11/22/2022Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Change of Plea Hearing as to Tatiana Daniel held on 11/22/2022. Defendant present with counsel Ezra Spilke A.U.S.A. - Michael Neff present for the Government. Defendant enters a plea of Guilty to count one of the information Mag. Judge Wang accepts the plea. Court reporter present. PSI ordered. Bail continued. Sentencing Date: March 29, 2023 at 2:30 p.m. (Sentencing set for 3/29/2023 at 02:30 PM before Judge Lewis A. Kaplan) (ap) (Entered: 11/22/2022)
9/14/202243SEALED DOCUMENT placed in vault. (jus) (Entered: 09/14/2022)
7/12/2022MEMO ENDORSEMENT as to Tatiana Daniel (3) on 41 LETTER MOTION addressed to Judge Lewis A. Kaplan from Ezra Spilke dated July 11, 2022 re: modification of conditions of pretrial release. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/12/2022) (ap) (Entered: 07/12/2022)
7/11/2022 LETTER MOTION addressed to Judge Lewis A. Kaplan from Ezra Spilke dated July 11, 2022 re: modification of conditions of pretrial release . Document filed by Tatiana Daniel. (Spilke, Ezra) (Entered: 07/11/2022)
6/17/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Chanette Lewis. Notice is hereby given that an official transcript of a Conference proceeding held on 5/17/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 06/17/2022)
6/17/2022TRANSCRIPT of Proceedings as to Chanette Lewis re: Conference held on 5/17/22 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rose Prater, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/8/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/15/2022. (Moya, Goretti) (Entered: 06/17/2022)
5/17/2022Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Chanette Lewis, Tatiana Benjamin, Tatiana Daniel, Heaven West held on 5/17/2022. Defendant Chanette Lewis (01) not present but attorney Mark Gombiner present. Defendant Tatiana Benjamin (02) present with attorney Thomas A. Farinella. Defendant Tatiana Daniel (03) present with attorney Ezra Spilke. Defendant Heaven West (04) not present but attorney Marlon Kirton present. AUSA Michael D. Neff present. Court reporter Rose Prater present. Trial scheduled to begin 1/17/2023 @ 9:30 AM. The parties report that the trial is expected to last two weeks. All four defendants remained released on bail. Time from today through and including 1/17/2023 is excluded from speedy trial calculations in the interests of justice. (jbo) (Entered: 05/18/2022)
4/7/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Chanette Lewis, Tatiana Benjamin, Tatiana Daniel, Heaven West. Notice is hereby given that an official transcript of a Conference proceeding held on 3/15/22 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: 04/07/2022)
4/7/2022TRANSCRIPT of Proceedings as to Chanette Lewis, Tatiana Benjamin, Tatiana Daniel, Heaven West re: Conference held on 3/15/22 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/28/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/6/2022. (Moya, Goretti) (Entered: 04/07/2022)
3/15/2022Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Chanette Lewis, Tatiana Benjamin, Tatiana Daniel, Heaven West held on 3/15/2022. Defendant Chanette Lewis (01) present with attorney Mark Gombiner. Defendant Tatiana Benjamin (02) present with attorney Thomas A. Farinella. Defendant Tatiana Daniel (03) present with attorney Ezra Spilke. Defendant Heaven West (04) not present but attorney Marlon Kirton present. AUSA Michael D. Neff present. Court reporter Andrew Walker present. Defendant Heaven West (04) granted a bail modification reducing the number of required co-signers from 2 to 1. All four defendants remained released on bail. The next status conference will be held on 5/17/2022 @ 2:30 PM. Time from today through and including 5/17/2022 is excluded from speedy trial calculations in the interests of justice. (jbo) (Entered: 03/16/2022)
3/15/2022 LETTER MOTION addressed to Judge Lewis A. Kaplan from Marlon G. Kirton, Esq. dated March 15, 2022 re: Bail Modification . Document filed by Heaven West. (Kirton, Marlon) (Entered: 03/15/2022)
3/11/2022 LETTER MOTION addressed to Judge Lewis A. Kaplan from Ezra Spilke dated March 11, 2022 re: request to have counsel for codefendant appear . Document filed by Tatiana Daniel. (Spilke, Ezra) (Entered: 03/11/2022)
3/3/2022MEMO ENDORSEMENT granting 33 LETTER MOTION filed by Tatiana Daniel (3), addressed to Judge Lewis A. Kaplan from Attorney Ezra Spilke dated March 2, 2022 re: travel request. I write to respectfully request an order temporarily modifying the conditions of Tatiana Daniel's pretrial release to permit her to travel to Atlanta for her birthday. ENDORSEMENT: Granted. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 3/3/2022) (bw) (Entered: 03/03/2022)
3/2/2022 LETTER MOTION addressed to Judge Lewis A. Kaplan from Ezra Spilke dated March 2, 2022 re: travel request . Document filed by Tatiana Daniel. (Spilke, Ezra) (Entered: 03/02/2022)
1/7/2022NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Chanette Lewis, Tatiana Benjamin, Tatiana Daniel, Heaven West. Notice is hereby given that an official transcript of a Conference proceeding held on 12/8/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 01/07/2022)
1/7/2022TRANSCRIPT of Proceedings as to Tatiana Benjamin re: Conference held on 12/8/21 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/28/2022. Redacted Transcript Deadline set for 2/7/2022. Release of Transcript Restriction set for 4/7/2022. (Moya, Goretti) (Entered: 01/07/2022)
12/27/2021PROTECTIVE ORDER as to Chanette Lewis, Tatiana Benjamin, Tatiana Daniel, Heaven West...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Lewis A. Kaplan on 12/8/2021)(lnl) (Entered: 12/27/2021)
12/9/2021SCHEDULING ORDER as to Chanette Lewis, Tatiana Benjamin, Tatiana Daniel, Heaven West. All discovery, other than the cell phones' contents, is due by 1/15/2022. All cell phone contents discove1y due by 3/1/2022. Defendants' motions;except regarding cell phone contents, are due by 3/1/2022; Government opposition brief due by 3/22/2022; Defendants' reply brief due by 3/29/2021. Defendants' motions regarding cell phone contents due by 5/2/2022; Government opposition brief due by 5/23/2022; Defendants' reply brief due by 5/30/2022. Defendants' motions directed to cell phone contents due by 5/2/2022. Defendant Heaven West's motion for a bail modification granted extending the time by which to satisfy all bail conditions to 12/22/2021. The Court will hold a status conference on March 15, 2022 at 3:00 PM. (Discovery due by 1/15/2022., Motions due by 5/2/2022., Defendant Replies due by 5/30/2022., Government opposition due by 5/23/2022, Status Conference set for 3/15/2022 at 03:00 PM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 12/9/21)(jw) (Entered: 12/10/2021)
12/8/2021Minute Entry for proceedings held before Judge Lewis A. Kaplan: Arraignment and IPTC as to Chanette Lewis (1) Count 1,2,3,4,5 and Tatiana Benjamin (2) Count 1,2,4 and Tatiana Daniel (3) Count 1,2 and Heaven West (4) Count 1,2 held on 12/8/2021. Defendant Chanette Lewis (01) present with attorney Mark Gombiner. Defendant Tatiana Benjamin (02) present with attorney Thomas A. Farinella. Defendant Tatiana Daniel (03) present with attorney Ezra Spilke. Defendant Heaven West (04) present with attorney Marlon Kirton. AUSA Michael D. Neff present. Court reporter Andrew Walker present. All four defendants were arraigned on the indictment and entered pleas of Not Guilty. All discovery other than the cell phones due by 1/15/2022. All cell phone contents discovery due by 3/1/2022. Defendants' motions directed to cell phone contents due by 5/2/2022. Government's opposition brief due by 5/23/2022. Defendants' reply brief due by 5/30/2022. Written order to follow setting a status conference in March, 2022. Defendant Heaven West (04) granted a bail modification extending the time by which to satisfy all bail conditions to 12/22/2021. All four defendants remained released on bail. Time from today through and including 5/1/2022 is excluded from speedy trial calculations in the interests of justice. Plea entered by Chanette Lewis (1) Count 1,2,3,4,5 and Tatiana Benjamin (2) Count 1,2,4 and Tatiana Daniel (3) Count 1,2 and Heaven West (4) Count 1,2 Not Guilty. (lnl) (Entered: 12/09/2021)
12/1/2021Case Designated ECF as to Chanette Lewis, Tatiana Benjamin, Tatiana Daniel, Heaven West. (jm) (Entered: 12/02/2021)
12/1/2021 INDICTMENT FILED as to Chanette Lewis (1) count(s) 1, 2, 3, 4, 5, Tatiana Benjamin (2) count(s) 1, 2, 4, Tatiana Daniel (3) count(s) 1, 2, Heaven West (4) count(s) 1, 2. (jm) (Entered: 12/02/2021)
11/19/2021ENDORSED LETTER as to Heaven West addressed to Magistrate Judge Sarah L. Cave from Marlon Kirton, Esq dated 11/18/2021 re: USA v Heaven West, 21 Mag 9354.. Mr. Kirton respectfully request an adjustment of Ms. West's bail conditions to allow her one additional week to meet the bail conditions. Application Granted, Extension to meet bail conditions until November 26, 2021. SO ORDERED (Signed by Magistrate Judge Sarah L Cave on 11/19/2021)(dif) [1:21-mj-09354-UA] (Entered: 11/19/2021)
11/18/2021FIRST MOTION for Bond Modification. Document filed by Heaven West. (Kirton, Marlon) [1:21-mj-09354-UA] (Entered: 11/18/2021)
11/15/2021ENDORSED LETTER as to Tatiana Daniel addressed to Magistrate Judge Ona T. Wang from Counsel of record for the defense dated 11/15/21 re: temporary modification of pretrial release..ENDORSEMENT: GRANTED. Through this letter the defense requests temporary modification of pretrial release to permit travel to Las Vegas from December 3 to 6th. (Signed by Magistrate Judge Ona T. Wang on 11/15/21)(jm) [1:21-mj-09354-UA] (Entered: 11/16/2021)
11/8/2021ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Tatiana Benjamin. Time excluded from 11/8/21 until 12/8/21. Affirmation of Michael Neff attached. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/8/21)(vb) [1:21-mj-09354-UA] (Entered: 11/08/2021)
11/5/2021ENDORSED LETTER as to Chanette Lewis addressed to Magistrate Judge Sarah L. Cave from Mark Gombiner, Esq dated 11/4/2021 re: USA v Chanette Lewis, 21 Mag 9354. Mr. Gombiner respectfully request that the Court modify Ms. Lewis's conditions of release to allow her to travel to the Southern District of Florida, Ms. Lewis wishes to travel to Orlando, Florida to celebrate her son's eleventh birthday, from November 26, 2021 to November 30, 2021. Application Granted, SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/5/2021)(dif) [1:21-mj-09354-UA] (Entered: 11/05/2021)
11/4/2021ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Chanette Lewis, Tatiana Daniel. Time excluded from 11/4/21 until 12/6/21. Affirmation of Michael Neff attached. (Signed by Magistrate Judge Sarah L Cave on 11/4/21)(vb) [1:21-mj-09354-UA] (Entered: 11/04/2021)
11/3/2021Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Initial Appearance as to Heaven West held on 11/3/2021., Deft Appears with CJA Attorney Marlon Kirton and AUSA Michael Neff for the government. AGREED CONDITIONS OF RELEASE: $200,000 PRB; 2 FRP'S; Travel Limited to SDNY/EDNY & Northern District of Georgia (& Districts Between for Travel to Court, Meetings with Counsel, Medical Appointments); Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Drug Testing/Treatment As Directed by PTS; Deft to Continue or Seek Employment; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 11/19/2021; (1) Deft Not to Contact Co-Defendants, Co-Conspirators Outside Presence of Counsel; (2) Deft May Not Possess Personal Identifying Information of Others or Create Fraudulent Documents; (3) Deft Shall Not Open Any New Financial, Business, or Personal Bank Accounts, Debit or Credit Cards Accounts, Lines of Credit, or Loans W/out Prior Approval of PTS; Defendant Advised by the Court of the Right To Be Present, and Consented to Proceed by Remote Means; ( Preliminary Hearing r 12/3/2021 (dif) [1:21-mj-09354-UA] (Entered: 11/03/2021)
11/3/2021Attorney update in case as to Heaven West. Attorney Marlon Geoffrey Kirton for Heaven West added.. (dif) [1:21-mj-09354-UA] (Entered: 11/03/2021)
11/3/202120CJA 23 Financial Affidavit by Heaven West. (Signed by Magistrate Judge Sarah L Cave) (CJA Attorney Marlon Kirton Appointed) (dif) [1:21-mj-09354-UA] (Entered: 11/03/2021)
11/3/2021ORAL CONSENT TO PROCEED BY VIDEO OR TELE CONFERENCE as to Heaven West. (Signed by Magistrate Judge Sarah L Cave on 11/3/2021)(dif) [1:21-mj-09354-UA] (Entered: 11/03/2021)
11/3/2021Arrest of Heaven West. (dif) [1:21-mj-09354-UA] (Entered: 11/03/2021)
10/26/2021 MOTION for Extension of Time to Meet Condition of Bail from October 26, 2021 to November 2, 2021. Document filed by Tatiana Benjamin. (Farinella, Thomas) [1:21-mj-09354-UA] (Entered: 10/26/2021)
10/14/2021ENDORSED LETTER as to Chanette Lewis addressed to Magistrate Judge Sarah Netburn from Mark Gombiner, Esq dated 10/14/2021 re: USA v Chanette Lewis, 21 Mag 9354. Mr. Gombiner respectfully request that the Court modified Ms. Lewis' bail conditions to include mental health treatment provision. Application Granted. Defendant's bail is modified to include Mental Health Treatment As Needed. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 10/14/2021)(dif) [1:21-mj-09354-UA] (Entered: 10/15/2021)
10/14/2021ENDORSED LETTER as to Chanette Lewis addressed to Magistrate Judge Sarah Netburn from Attorney Mark Gombiner dated October 14, 2021 re: I write with the consent of pretrial and the government to request a modification of Chanette Lewis's bail conditions to add a mental health treatment provision. ENDORSEMENT: Defendant's bail is modified to include mental health treatment as needed. APPLICATION GRANTED. (Signed by Magistrate Judge Sarah Netburn on 10/14/2021)(bw) [1:21-mj-09354-UA] (Entered: 10/14/2021)
10/8/2021PRB Bond Entered as to Tatiana Benjamin in amount of $ 150,000, 2 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Continue or Seek Employment; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 10/26/2021; No Contact with Co-Defendants Outside Presence of Counsel; Deft Shall Not Possess Personal Identifying Information of Others (Except Immediate Family) or Create Fraudulent Documents; Deft Shall Not Open Any New Financial, Business, or Personal Bank Accounts, Debit or Credit Card Accounts, LOC, or Loans W/out Prior Approval of PTS (dif) [1:21-mj-09354-UA] (Entered: 10/08/2021)
10/8/2021Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to Tatiana Benjamin held on 10/8/2021., Deft Appears with Retained Attorney Thomas A. Farinella and AUSA Michael Neff for the government. AGREED CONDITIONS OF RELEASE: $150,000 PRB; 2 FRP'S; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Continue or Seek Employment; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 10/26/2021; No Contact with Co-Defendants Outside Presence of Counsel; Deft Shall Not Possess Personal Identifying Information of Others (Except Immediate Family) or Create Fraudulent Documents; Deft Shall Not Open Any New Financial, Business, or Personal Bank Accounts, Debit or Credit Card Accounts, LOC or Loans W/out Prior Approval from PTS; ( Preliminary Hearing 11/9/2021 ) (dif) [1:21-mj-09354-UA] (Entered: 10/08/2021)
10/8/2021Arrest of Tatiana Benjamin. (dif) [1:21-mj-09354-UA] (Entered: 10/08/2021)
10/8/2021Attorney update in case as to Tatiana Benjamin. Attorney Thomas A. Farinella for Tatiana Benjamin added.. (dif) [1:21-mj-09354-UA] (Entered: 10/08/2021)
10/8/2021NOTICE OF ATTORNEY APPEARANCE: Retained Attorney Thomas A. Farinella appearing for Tatiana Benjamin. (dif) [1:21-mj-09354-UA] (Entered: 10/08/2021)
10/8/2021ENDORSED LETTER as to Tatiana Daniel addressed to Magistrate Judge Katharine H. Parker from Ezra Spilke, Esq dated 10/8/2021 re: USA v Tatiana Daniel, 21 Mag 9354. Mr. Spilke respectfully request an order temporarily modifying the conditions of Tatinana Daniel's pretrial release. The proposed modifications would permit Ms. Daniel to Travel to Miami, Florida, from October 10-13, 2021, for pre-planned vacation with her partner. Application DENIED, SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/8/2021)(dif) [1:21-mj-09354-UA] (Entered: 10/08/2021)
10/7/2021Rule 5(c)(3) Documents Received as to Heaven West from the United States District Court - Northern District of Georgia. (dif) [1:21-mj-09354-UA] (Entered: 10/07/2021)
10/5/2021Arrest of Heaven West in the United States District Court - Northern District of Georgia. (dif) [1:21-mj-09354-UA] (Entered: 10/07/2021)
10/5/2021PRB Bond Entered as to Chanette Lewis in amount of $ 200,000, 2 FRP'S + Mother for Moral Suasion; Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Continue or Seek Employment; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 10/26/2021; No Contact with Co-Defendants Outside Presence of Counsel; Deft Not Possess Personal Identifying Information of Others (Except her Children); Deft Not Open Any New Financial, Business, or Personal Bank Accounts, Debit or Credit Card Accounts, Lines of Credit, or Loans W/out Prior Approval from PTS (dif) [1:21-mj-09354-UA] (Entered: 10/06/2021)
10/5/2021Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to Chanette Lewis held on 10/5/2021., Deft Appears with Federal Defender Mark Gombiner and AUSA Michael Neff for the government. AGREED CONDITIONS OF RELEASE: $200,000 PRB; 2 FRP'S (Mother to Sign for Moral); Travel Limited to SDNY/EDNY; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Continue or Seek Employment; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 10/26/2021; No Contact with Co-Defendants Outside Presence of Counsel; Deft May Not Possess Personal Identifying Information of Others (Except her Children); Or Create Any Fraudulent Documents; Deft Shall Not Open Any New Financial, Business, or Personal Bank Accounts, Debit or Credit Card Accounts, Lines of Credit, or Loans W/out Prior Approval from PTS; ( Preliminary Hearing 11/4/2021 (dif) [1:21-mj-09354-UA] (Entered: 10/06/2021)
10/5/2021Attorney update in case as to Chanette Lewis. Attorney Mark B Gombiner for Chanette Lewis added.. (dif) [1:21-mj-09354-UA] (Entered: 10/06/2021)
10/5/20213CJA 23 Financial Affidavit by Chanette Lewis. (Signed by Magistrate Judge Katharine H. Parker) (Federal Defender Mark Gombiner Appointed) (dif) [1:21-mj-09354-UA] (Entered: 10/06/2021)
10/5/2021Arrest of Chanette Lewis. (dif) [1:21-mj-09354-UA] (Entered: 10/06/2021)
10/5/2021PRB Bond Entered as to Tatiana Daniel in amount of $ 150,000, 3 FRP'S; Travel Limited to SDNY/EDNY & District of New Jersey; Surrender Travel Documents (& No New Applications); Pretrial Supervision As Directed by PTS; Deft to Continue or Seek Employment; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 10/26/2021; No Contact with Co-Defendants Outside Presence of Counsel; Deft May Not Possess Personal Identifying Information of Others, or Create Any Fraudulent Documents; Deft May Not Open Any New Financial, Business, or Personal Bank Accounts, Debit or Credit Accounts, Lines of Credit, or Loans W/out Prior Approval from PTS (dif) (Main Document 10 replaced on 10/27/2021) (jbo). [1:21-mj-09354-UA] (Entered: 10/06/2021)
10/5/2021Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Appearance as to Tatiana Daniel held on 10/5/2021., Deft Appears with CJA Attorney Ezra Spilke and AUSA Michael Neff for the government. AGREED CONDITIONS OF RELEASE: $150,000 PRB; 3 FRP'S; Travel Limited to SDNY/EDNY & District of New Jersey; Surrender Travel Documents (& No New Applications); Pretrial Supervision Ad Directed by PTS; Deft to Continue or Seek Employment; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 10/26/2021; No Contact with Co-Defendants Outside Presence of Counsel; Deft May Not Possess Personal Identifying Information of Others; or Create Any Fraudulent Documents; Deft Shall Not Open Any New Financial, Business, or Personal Bank Accounts, Debit or Credit Accounts; Lines of Credit, or Loan W/out Prior Approval from PTS; ( Preliminary Hearing 11/4/2021 (dif) Modified on 10/6/2021 (dif). [1:21-mj-09354-UA] (Entered: 10/06/2021)
10/5/2021Attorney update in case as to Tatiana Daniel. Attorney Ezra Spilke for Tatiana Daniel added.. (dif) [1:21-mj-09354-UA] (Entered: 10/06/2021)
10/5/20218CJA 23 Financial Affidavit by Tatiana Daniel. (Signed by Magistrate Judge Katharine H. Parker) (CJA Attorney Ezra Spilke Appointed) (dif) [1:21-mj-09354-UA] (Entered: 10/06/2021)
10/5/2021Arrest of Tatiana Daniel. (dif) [1:21-mj-09354-UA] (Entered: 10/06/2021)
9/28/2021SEALED ORAL ORDER as to Sealed Defendant 1. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/28/2021)(dif) [1:21-mj-09354-UA] (Entered: 10/06/2021)
9/28/2021 COMPLAINT as to Chanette Lewis (1), Tatiana Benjamin (2), Tatiana Daniel (3), Heaven West (4). In Violation of 18 U.S.C. 1343, 1349, 1346, 1028A, 641, & 2 (Signed by Magistrate Judge Gabriel W. Gorenstein) (dif) [1:21-mj-09354-UA] (Entered: 10/06/2021)