USA v. BURGOS

1:22-cr-00618 | New York Southern District Court

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Division Foley Square
Judge Judge John P. Cronan
Filed Nov. 10, 2022
Case Flags APPEAL and ECF
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Filing Date # Docket Text
3/31/2025Notice of Filing Transcript
3/31/2025Transcript
3/27/2025Letter Motion
2/25/2025Sentencing
2/25/2025 JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 2/21/2025. Defendant Michael Gian William Habib (2) pleaded guilty to Count(s) 1 of the S3 Indictment. IMPRISONMENT: 210 months. - The court makes the following recommendations to the Burea u of Prisons: The Court recommends that the defendant be designated to FCI Fort Dix. The Court also recommends that if he is eligible, the defendant be considered by the BOP for the Residential Drug Abuse Program (RDAP) and the Life Connections progr am. - The defendant is remanded to the custody of the United States Marshal. SUPERVISED RELEASE: 5 years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.0 0. - Special instructions regarding the payment of criminal monetary penalties: The Special Assessment in the amount of $100 is due immediately. Additional Forfeited Property: (See page 8 of Judgment). (Signed by Judge John P. Cronan on 2/24/2025) (bw)
2/25/2025 CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to (22-Cr-618-2) Michael Gian William Habib....[*** See this Consent Preliminary Order of Forfeiture As To Specific Property/Money Judgment ***]... IT IS HEREBY STIPULA TED AND AGREED, by and between the United States of America, by its attorney Damian Williams, United States Attorney, Assistant United States Attorneys Matthew R. Shahabian, Jane Y. Chong, and Thomas Burnett, of counsel, and the Defendant and his c ounsel, Philip L. Reizenstein, Esq., that: 1. As a result of the offense charged in Count One of the Indictment, to which the Defendant pled guilty, a money judgment in the amount of$487,900 in United States currency (the "Money Judgment&qu ot;), representing the amount of proceeds traceable to the offense charged in Count One of the Indictment that the Defendant personally obtained, for which the Defendant is jointly and severally liable with the Co-defendants to the extent forfeiture money judgments are entered against the Co-defendants in this case, shall be entered against the Defendant. 2. As a result of the offense charged in Count One of the Indictment, to which the Defendant pled guilty, all of the Defendant's right, title and interest in the Specific Property is hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of Title 21, United States Code, Section 853. 3. Pursuant to Rule 32.2(b)(4) of the Federal R ules of Criminal Procedure, this Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment is final as to the Defendant MICHAEL GIAN WILLIAM HABIB, 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 As To Specific Property/Money Judgment ***]... 13. The Court shall retain jurisdiction to enforce this Consent Preliminary Order of Forfeiture as to Spe cific Property/Money Judgment, and to amend it as necessary, pursuant to Rule 32.2 of the Federal Rules of Criminal Procedure. 14. The signature page of this Consent Preliminary Order of Forfeiture as to Specific Property/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 John P. Cronan on 2/21/2025) (bw)
2/21/2025CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Michael Gian William Habib. (Signed by Judge John P. Cronan on 2/21/25)(jw)
1/28/20251 - Terminate Deadlines and Hearings, ~Util - Terminate Motions, ~Util - Set/Reset Deadlines/Hearings, Memo Endorsement
1/27/2025Letter Motion
1/24/2025Notice of Filing Transcript
1/24/2025Transcript
1/21/2025Notice of Filing Transcript
1/21/2025Transcript
1/13/2025 MEMO ENDORSEMENT 262 LETTER MOTION as to Michael Gian William Habib....ENDORSEMENT..The instant request is granted. The sentencing currently set for January 14, 2025, is adjourned until further notice. The parties shall appear for a telepho nic status conference on January 28, 2025, at 4:00 p.m. Unless the Court orders otherwise, the Court will conduct the conference via Webex. At the scheduled time, counsel for both parties should call (855) 244-8681, access code 23027552307. The Clerk of Court is respectfully directed to close Docket Number 262. The Court hopes that Mr. Reizenstein's condition improves soon and wishes him all the best (Signed by Judge John P. Cronan on 1/11/25) (jw)
1/10/2025Letter Motion
1/3/2025Memorandum to the Docket Clerk
1/2/2025Memo Endorsement
1/2/2025Appeal Record Sent to USCA - Electronic File, Transmission of Notice of Appeal and Docket Sheet to USCA
1/2/2025Notice of Appeal - Final Judgment
12/24/2024Sentencing Submission
12/24/2024Sentencing Submission
12/20/2024 JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 12/16/2024. Defendant Christopher Burgos (1) pleaded guilty to Count(s) 1; Count One of the S2 Indictment. IMPRISONMENT: 54 months. - The court makes the following recommendations to the Bu reau of Prisons: The Court recommends that the defendant be designated to FCI Otisville or FCI Fort Dix and enrolled in the Residential Drug Abuse Program. - The defendant shall surrender for service of sentence at the institution designated by the B ureau of Prisons: before 2 p.m. on 3/24/2025. SUPERVISED RELEASE: 3 years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00. Special instructions regardi ng the payment of criminal monetary penalties: The Special Assessment in the amount of $100 is due immediately. - The defendant shall forfeit the defendants interest in the following property to the United States: see next page. Additional Forf eited Property: The Court orders pursuant to Title 21, United States Code, Section 853, that the defendant shall forfeit to the United States his right, title, and interest in the following specific property: (1) $8,000 in U.S. currency that wa s seized from the vehicle of his co-defendant, Bhupinder Singh Virk, at the time of his arrest on November 16, 2022, (2) $479,900 that was seized from Mr. Virk's residence in Fresno, California, (3) a Louis Vuitton bag seized on November 16 , 2022 from Mr. Virk's vehicle at the time of his arrest, and (4) a 2020 Mercedes-Benz AMZG GT63 with Vehicle Identification Number WDD7X8JB5LA014070 that was seized on November 16, 2022 at the time of Mr. Virk's arrest. (Signed by Judge John P. Cronan on 12/20/2024) (bw)
12/20/2024 JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 12/19/2024. Defendant Surinder Singh Cheema (3) pleaded guilty to Count(s) 1; Count One of the S1 Indictment. IMPRISONMENT: 216 months. - The court makes the following recommendations to th e Bureau of Prisons: The Court recommends that the defendant be designated to a facility that can provide the defendant with mental health treatment. In addition, the Court recommends a facility that will allow the defendant to participate in the Re sidential Drug Abuse Program, if eligible, and a facility that has a communications management unit. If FCI Fort Dix can accommodate the above recommendation, the Court recommends the defendant be designated to FCI Fort Dix. - The defendant is reman ded to the custody of the United States Marshal. SUPERVISED RELEASE: 4 years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision (See page 5 of Judgment). ASSESSMENT: $100.00. Special instructions rega rding the payment of criminal monetary penalties: Th Special Assessment in the amount of $100 is due immediately. - The defendant shall forfeit the defendant's interest in the following property to the United States: see next page. Addition al Forfeited Property: The Court orders pursuant to Title 21, United States Code, Section 853, that the defendant shall forfeit to the United States his right, title, and interest in the following specific property: (1) $8,000 in U.S. currency t hat was seized from the vehicle of his co-defendant, Bhupinder Singh Virk, at the time of his arrest on November 16, 2022, (2) $479,900 that was seized from Mr. Virk's residence in Fresno, California, (3) a Louis Vuitton bag seized on Novem ber 16, 2022 from Mr. Virk's vehicle at the time of his arrest, and (4) a 2020 Mercedes-Benz AMZG GT63 with Vehicle Identification Number WDD7X8JB5LA014070 that was seized on November 16, 2022 at the time of Mr. Virk's arrest. (Signed by Judge John P. Cronan on 12/20/2024) (bw)
11/22/2024~Util - Set/Reset Hearings, Fatico Hearing
10/22/2024Memorandum in Opposition to Motion
9/21/2024Notice of Attorney Appearance - Defendant
9/16/2024Supplemental ROA Sent to USCA - Electronic File
9/16/2024MEMO ENDORSEMENT 217 LETTER MOTION as to Bhupinder Singh Virk...ENDORSEMENT...The instant request is granted. Mr. Virk is hereby granted leave to appeal in forma pauperis. SO ORDERED (Signed by Judge John P. Cronan on 9/13/2024) (jw)
9/13/2024Memorandum to the Docket Clerk
9/13/2024Letter Motion
9/11/2024~Util - Set/Reset Deadlines/Hearings, Endorsed Letter
9/11/2024Letter
9/9/2024Notice of Filing Transcript
9/9/2024Transcript
8/21/2024Status Conference
8/12/2024Order on Motion to Postpone Sentencing
8/11/2024THIRD MOTION to Postpone Sentencing . Document filed by Christopher Burgos. (Froccaro, James) (Entered: 08/11/2024)
8/9/2024Terminate Deadlines and Hearings as to Surinder Singh Cheema (3): Terminated Sentencing set for 8/27/2024 at 10:00 AM before Judge John P. Cronan. (bw) (Entered: 08/09/2024)
8/8/2024ENDORSED LETTER as to (22-Cr-618-3) Surinder Singh Cheema addressed to Judge John P. Cronan from AUSAs Thomas S. Burnett, Jane Y. Chong, Matthew R. Shahabian, dated August 7, 2024 re: The Government writes to provide an update on the status of discovery with respect to the Fatico hearing for defendant Surinder Singh Cheema, currently scheduled for August 27, 2024, and to request an adjournment of that hearing and sentencing date.... ENDORSEMENT: The request for an adjournment of the hearing pursuant to United States v. Fatico, 603 F.2d 1053 (2d Cir. 1979) currently scheduled for August 27, 2024 is granted. The hearing is hereby adjourned until October 15, 2024 at 10:00 a.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. After receiving testimony at the hearing, the Court will determine, after getting the parties views, whether to proceed to sentencing at that time or on a future date. The Clerk of Court is respectfully directed to close Docket Number 209. SO ORDERED. ( Fatico Hearing set for 10/15/2024 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan. )(Signed by Judge John P. Cronan on 8/8/2024) (bw) (Entered: 08/08/2024)
8/7/2024SECOND LETTER MOTION addressed to Judge John P. Cronan from Matthew R. Shahabian dated 8/7/2024 re: Adjourn Fatico/Sentencing . Document filed by USA as to Surinder Singh Cheema. (Shahabian, Matthew) (Entered: 08/07/2024)
8/7/2024NOTICE OF HEARING as to Michael Gian William Habib. A conference to address Defendant Michael Gian William Habibs motion at Dkt. 205 is scheduled for August 21, 2024 at 10:00 a.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. (Status Conference set for 8/21/2024 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan) (ap) (Entered: 08/07/2024)
8/7/2024Terminate Deadlines and Hearings as to Michael Gian William Habib (2): Terminated Fatico Hearing / Sentencing set for 8/21/2024 at 10:00 AM before Judge John P. Cronan. (bw) (Entered: 08/07/2024)
8/7/2024ENDORSED LETTER as to (22-Cr-618-2) Michael Gian William Habib addressed to Judge John P. Cronan from Philip L. Reizenstein, Esq. dated August 6, 2024 re: I write for a second adjournment for the sentencing and hearing pursuant to United States v. Fatico, 603 F.2d 1053 (2d Cir. 1979) currently set for August 21, 2024. [DE 184]. Both parties request an adjournment of 45 days.... ENDORSEMENT: This request is granted. The sentencing hearing pursuant to United States v. Fatico, 603 F.2d 1053 (2nd Cir. 1979), scheduled for August 21, 2024 is adjourned to October 7, 2024, at 10:00 a.m., in Courtroom 12D of 500 Pearl Street, New York, NY 10007. After receiving testimony at the hearing, the Court will determine, after getting the parties views, whether to proceed to sentencing at that time or on a future date. SO ORDERED. ( Sentencing set for 10/7/2024 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan. )(Signed by Judge John P. Cronan on 8/7/2024) (bw) (Entered: 08/07/2024)
8/6/2024 LETTER MOTION addressed to Judge John P. Cronan from Philip Reizenstein dated August 6, 2024 re: Adjournment of Sentencing and Fatico hearing . Document filed by Michael Gian William Habib. (Reizenstein, Philip) (Entered: 08/06/2024)
8/5/2024 MEMORANDUM OF LAW in Opposition by Michael Gian William Habib re: 177 Sentencing Submission filed by USA, 205 MOTION to Enforce Plea Agreement and Objections to Government Sentencing Submission . filed by Michael Gian William Habib . (Reizenstein, Philip) (Entered: 08/05/2024)
8/5/2024 MOTION to Enforce Plea Agreement and Objections to Government Sentencing Submission . Document filed by Michael Gian William Habib. (Reizenstein, Philip) (Entered: 08/05/2024)
7/29/2024Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Bhupinder Singh Virk re: 202 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 07/29/2024)
7/29/2024TRANSCRIPT REQUEST FORM B by Bhupinder Singh Virk before Judge John P. Cronan Transcript due by 8/8/2024. (nd) (Entered: 07/29/2024)
7/29/2024Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Bhupinder Singh Virk to US Court of Appeals re: 202 Notice of Appeal. (nd) (Entered: 07/29/2024)
7/29/2024NOTICE OF APPEAL by Bhupinder Singh Virk from 197 Judgment. (nd) (Entered: 07/29/2024)
7/29/2024FINAL ORDER OF FORFEITURE as to Bhupinder Singh Virk. (Signed by Judge John P. Cronan on 7/29/2024) (See ORDER as set forth) (lnl) (Entered: 07/29/2024)
7/25/2024DECLARATION of Matthew Shahabian in Support by USA as to Bhupinder Singh Virk re: 199 LETTER MOTION addressed to Judge John P. Cronan from Matthew Shahabian dated July 25, 2024 re: Final Order of Forfeiture .. (Shahabian, Matthew) (Entered: 07/25/2024)
7/25/2024 LETTER MOTION addressed to Judge John P. Cronan from Matthew Shahabian dated July 25, 2024 re: Final Order of Forfeiture . Document filed by USA as to Bhupinder Singh Virk. (Attachments: # 1 Proposed Order Final Order of Forfeiture)(Shahabian, Matthew) (Entered: 07/25/2024)
7/25/2024SERVICE BY PUBLICATION as to Bhupinder Singh Virk. A Notice of Criminal Forfeiture was published in the www.forfeiture.gov on December 20, 2023 through January 18, 2024. Document filed by USA as to Bhupinder Singh Virk. (Shahabian, Matthew) (Entered: 07/25/2024)
7/19/2024FILED JUDGMENT IN A CRIMINAL CASE as to Bhupinder Singh Virk (4), Pleaded guilty to Count(s) 1, Imprisonment for a total term of 210 Months. Supervised release for a term of 4 Years. The court makes the following recommendations to the Bureau of Prisons: In the event the Bureau of Prisons (BOP) deems the defendant eligible, the Court recommends that he be designated to a facility where he may participate in the BOP's Residential Drug Abuse Program. The Court also recommends that the defendant be designated to a facility in the New Jersey area. Special Assessment of $100 which is due immediately. (Signed by Judge John P. Cronan on 7/18/2024)(jw) (Entered: 07/19/2024)
7/17/2024Minute Entry for proceedings held before Judge John P. Cronan: Sentencing held on 7/17/2024 for Bhupinder Singh Virk (4) Count 1. Defendant present with his attorney, Steven Brill. AUSA Jane Chong and AUSA Matthew Shahabian present. Punjabi Interpreter, Samina Awan present. As will be set forth in detail in a separately docketed judgment, the Court sentenced Defendant principally to a term of imprisonment of 210 months, to be followed by a 4-year term of supervised release. $100 special assessment imposed. (Court Reporter Tracy Groth). (jbo) (Entered: 07/19/2024)
7/16/2024MEMORANDUM TO THE DOCKET CLERK: as to Bhupinder Singh Virk. The sentencing for Bhupinder Singh Virk is adjourned to July 17, 2024 at 3:30 p.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. (mhe) (Entered: 07/16/2024)
7/16/2024NOTICE OF HEARING as to Bhupinder Singh Virk. The sentencing for Bhupinder Singh Virk is adjourned to July 17, 2024 at 2:30 p.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. (Sentencing set for 7/17/2024 at 02:30 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan) (ap) (Entered: 07/16/2024)
7/9/2024Sentencing Letter by USA as to Bhupinder Singh Virk addressed to Judge John P. Cronan from AUSAs Burnett/Chong/Shahabian dated July 9, 2024 re: Supplemental Sentencing Submission. (Shahabian, Matthew) (Entered: 07/09/2024)
6/26/2024195SEALED DOCUMENT placed in vault. (nmo) (Entered: 06/26/2024)
6/26/2024194SEALED DOCUMENT placed in vault. (nmo) (Entered: 06/26/2024)
6/24/2024ORDER as to Bhupinder Singh Virk: The Court grants Defendant Bhupinder Singh Virk's request, submitted earlier today, for an adjournment of tomorrow's sentencing. Mr. Virk's sentencing is adjourned from June 25, 2024, at 10:00 a.m., to July 16, 2024, at 3:30 p.m. Given the adjournment, the Court will allow the parties to address in writing an issue that it intended to raise at sentencing. The Court requests clarification on how the Government arrived at the drug quantity attributed to Mr. Virk, particularly with respect to the weight of cocaine and methamphetamine involved in the offense. The Presentence Investigation Report and the Government's sentencing submission contemplate that Mr. Virk's offense involved 476 kilograms of cocaine. Yet, between March 18 and 21, 2022, law enforcement seized 400 kilograms of cocaine from a warehouse in New Jersey, and on March 2, 2022, law enforcement seized 96 kilograms of cocaine in Kansas City, Kansas, which seizures would total 496 kilograms (not 476 kilograms) of cocaine. The Court also requests clarification on how the Government determined that Mr. Virk's offense involved 1,086 kilograms of methamphetamine mixtures, as also reflected in the Government's submission and the Presentence Investigation Report. The Government shall make a supplemental submission on this issue by July 12, 2024. Mr. Virk also may, but is not required to, make a supplemental submission on this issue by the same date. (Sentencing set for 7/16/2024 at 03:30 PM before Judge John P. Cronan) (Signed by Judge John P. Cronan on 6/24/2024) (ap) (Entered: 06/24/2024)
6/24/2024FIRST LETTER MOTION addressed to Judge John P. Cronan from Steven Brill dated June 24, 2024 re: Adjournment of Upcoming Sentencing Hearing . Document filed by Bhupinder Singh Virk. (Brill, Steven) (Entered: 06/24/2024)
6/21/2024SENTENCING SUBMISSION by Bhupinder Singh Virk. (Healy, James) (Entered: 06/21/2024)
6/18/2024SENTENCING SUBMISSION by USA as to Bhupinder Singh Virk. (Shahabian, Matthew) (Entered: 06/18/2024)
6/17/2024Set/Reset Deadlines/Hearings as to Surinder Singh Cheema: Sentencing set for 8/27/2024 at 10:00 AM before Judge John P. Cronan (jw) (Entered: 06/17/2024)
6/17/2024MEMO ENDORSEMENT 188 LETTER MOTION addressed to Judge John P. Cronan from Matthew R. Shahabian dated 6/14/2024 re: Adjourn Fatico/Sentencing as to Surinder Singh Cheema....ENDORSEMENT...In light of the interests set forth in the Government's letter, the request is granted. Defendant Cheema's sentencing and Fatico hearing is adjourned to August 27, 2024 at 10:00 a.m. (Signed by Judge John P. Cronan on 6/17/24) (jw) (Entered: 06/17/2024)
6/14/2024 LETTER MOTION addressed to Judge John P. Cronan from Matthew R. Shahabian dated 6/14/2024 re: Adjourn Fatico/Sentencing . Document filed by USA as to Surinder Singh Cheema. (Shahabian, Matthew) (Entered: 06/14/2024)
6/14/2024ENDORSED LETTER as to (22-Cr-618-1) Christopher Burgos addressed to Judge John P. Cronan from Attorney James R. Froccaro, Jr. dated June 12, 2024 re: Mr. Burgos is presently scheduled to be sentenced by Your Honor at 10 am on June 26, 2024. By this letter, I am respectfully requesting an adjournment of Mr. Burgos' sentencing to a date in late August or early September that is convenient for the Court.... ENDORSEMENT: The request is granted. Defendant Burgos's sentencing is adjourned from June 26, 2024 at 10:00 a.m. to August 26, 2024 at 2:00 p.m. SO ORDERED. ( Sentencing set for 8/26/2024 at 02:00 PM before Judge John P. Cronan. )(Signed by Judge John P. Cronan on 6/14/2024) (bw) (Entered: 06/14/2024)
6/12/2024SECOND MOTION to Postpone Sentencing . Document filed by Christopher Burgos. (Froccaro, James) (Entered: 06/12/2024)
6/10/2024Transmission to Sealed Records Clerk: as to Michael Gian William Habib (2). Transmitted re: 185 ENDORSED LETTER, to the Sealed Records Clerk for the sealing of document. (bw) (Entered: 06/10/2024)
6/10/2024ENDORSED LETTER as to (22-Cr-618-2) Michael Gian William Habib addressed to Judge John P. Cronan from Philip L. Reizenstein, Esq. dated June 7, 2024 re: The defense for Mr. Habib writes to request permission to file a Mitigation Report with redactions pursuant to Section 9.B. of the Court's Individual Rules and Practices in Criminal Cases.... ENDORSEMENT: The Court finds that the proposed redactions contained in the Mitigation Report filed as Docket Number 182 are narrowly and appropriately tailored in light of the permissible bases for sealing articulated in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Accordingly, the motion is granted and Defendant Habib is granted leave to file the Mitigation Report under seal with the publicly filed version filed as Docket Number 192 remaining on the public docket. SO ORDERED. (Signed by Judge John P. Cronan on 6/10/2024) (bw) (Main Document 185 replaced on 6/11/2024) (mhe). (Entered: 06/10/2024)
6/10/2024ENDORSED LETTER as to (22-Cr-618-2) Michael Gian William Habib addressed to Judge John P. Cronan from Philip L. Reizenstein, Esq. dated June 6, 2024 re: The defense for Mr. Habib writes to request an adjournment of the sentencing set for June 11, 2024 and to request a hearing pursuant to United States v. Fatico. 603 F.2d 1053 (2d Cir. 1979).... ENDORSEMENT: The request is granted. The sentencing scheduled for June 11, 2024, is adjourned to August 21, 2024, at 10:00 a.m., at which time the Court will also hold the requested Fatico hearing. SO ORDERED. ( Fatico Hearing / Sentencing set for 8/21/2024 at 10:00 AM before Judge John P. Cronan. ) (Signed by Judge John P. Cronan on 6/10/2024) (bw) (Entered: 06/10/2024)
6/7/2024 MOTION for Leave to File Mitigation Report with Redactions . Document filed by Michael Gian William Habib. (Reizenstein, Philip) (Entered: 06/07/2024)
6/7/2024SENTENCING SUBMISSION by Michael Gian William Habib. (Reizenstein, Philip) (Entered: 06/07/2024)
6/6/2024NOTICE of Unavailability as to Michael Gian William Habib (Reizenstein, Philip) (Entered: 06/06/2024)
6/6/2024 MOTION to Continue sentencing. Document filed by Michael Gian William Habib. (Reizenstein, Philip) (Entered: 06/06/2024)
6/5/2024Set/Reset Deadlines/Hearings as to Bhupinder Singh Virk: Sentencing set for 6/25/2024 at 10:00 AM before Judge John P. Cronan (jw) (Entered: 06/05/2024)
6/5/2024MEMO ENDORSEMENT 178 FIRST LETTER MOTION addressed to Judge John P. Cronan from Steven Brill dated June 5, 2024 re: Brief Adjournment of Upcoming Sentencing Hearing as to Bhupinder Singh Virk....ENDORSEMENT...The request is granted. Defendant Virk's sentencing is adjourned to June 25, 2024 at 10:00am (Signed by Judge John P. Cronan on 6/5/2024) (jw) (Entered: 06/05/2024)
6/5/2024FIRST LETTER MOTION addressed to Judge John P. Cronan from Steven Brill dated June 5, 2024 re: Brief Adjournment of Upcoming Sentencing Hearing . Document filed by Bhupinder Singh Virk. (Brill, Steven) (Entered: 06/05/2024)
6/4/2024SENTENCING SUBMISSION by USA as to Michael Gian William Habib. (Attachments: # 1 Exhibit A - Habib PSR Objections, # 2 Exhibit B - Govt Opp to Habib PSR Objections)(Shahabian, Matthew) (Entered: 06/04/2024)
6/4/2024NOTICE of Filing as to Michael Gian William Habib (Attachments: # 1 Exhibit A. Polski, # 2 Exhibit A. Blum, # 3 Exhibit C. Ruggiero, # 4 Exhibit C. Habib, # 5 Exhibit C. Kendrick, # 6 Exhibit C. Alexander, # 7 Exhibit D. Kendrick, # 8 Exhibit D. Alsamara, # 9 Exhibit D. Pereira, # 10 Exhibit E. Saitoti, # 11 Exhibit F. Marques, # 12 Exhibit G. Ruggiero, # 13 Exhibit J. Richardson, # 14 Exhibit J. Clarke, # 15 Exhibit J. Marsman, # 16 Exhibit J. Hurlbut, # 17 Exhibit K. Hackett, # 18 Exhibit K. Blum, # 19 Exhibit L. Habib, # 20 Exhibit M. McPhedran, # 21 Exhibit M. Ruggiero, # 22 Exhibit MD Young, # 23 Exhibit R. Delgado, # 24 Exhibit S. Richardson, # 25 Exhibit S. Milic, # 26 Exhibit Sa. Stacey, # 27 Exhibit S. Delgado, # 28 Exhibit So. Stacey, # 29 Exhibit T. Rego, # 30 Exhibit V. Ruggiero, # 31 Exhibit Michael Habib)(Reizenstein, Philip) (Entered: 06/04/2024)
6/2/2024SENTENCING SUBMISSION by Michael Gian William Habib. (Reizenstein, Philip) (Entered: 06/02/2024)
5/28/2024SENTENCING SUBMISSION by Bhupinder Singh Virk. (Attachments: # 1 Exhibit Exhibit B Asylum application, # 2 Exhibit Exhibit C Letters in Support, # 3 Exhibit Exhibit D MDC certificates, # 4 Exhibit Exhibit E Virk letter to Court)(Healy, James) (Entered: 05/28/2024)
5/28/2024Minute Entry for proceedings held before Judge John P. Cronan: Status Conference as to Surinder Singh Cheema held on 5/28/2024. AUSAs Thomas Burnett, Jane Chong, and Matthew Shahabian present. Defendant Cheema present with his attorneys, Dawn Florio and Declan Murray. As discussed with the parties on the record, the parties shall file status letters on or before June 14, 2024. An evidentiary hearing and sentencing are scheduled for July 1, 2024, at 10:00 a.m. (Evidentiary Hearing set for 7/1/2024 at 10:00 AM before Judge John P. Cronan. Sentencing set for 7/1/2024 at 10:00 AM before Judge John P. Cronan) (Court Reporter Amy Walker) (ap) (Entered: 05/28/2024)
5/28/2024***DELETED DOCUMENT. Deleted document number 164 & 165 NOTICE of Letters as to Michael Gian William Habib. The document was incorrectly filed in this case. (jw) (Entered: 05/28/2024)
5/28/2024MEMO ENDORSEMENT as to Michael Gian William Habib on re: 164 Notice (Other),, 165 Notice (Other)...ENDORSEMENT...The request is granted. The Clerk of Court is respectfully directed to strike Dockets 164 and 165 from the docket in this case. No later than May 31, 2024, Defendant Habib must re-file on the public docket redacted versions of these documents and must file the full documents under seal. The Court directs Defendant to the Court's Individual Rules and Practices in Criminal Cases, Section 9.A, for instructions on which redactions require prior-Court approval and which redactions may be applied without prior Court approval (Signed by Judge John P. Cronan on 5/28/24)(jw) (Entered: 05/28/2024)
5/27/2024 MOTION remove filings from Pacer CMECF re 164 Notice (Other),, 165 Notice (Other),, . Document filed by Michael Gian William Habib. (Reizenstein, Philip) (Entered: 05/27/2024)
5/26/2024Set/Reset Deadlines/Hearings as to Surinder Singh Cheema: Status Conference set for 5/28/2024 at 11:00 AM before Judge John P. Cronan (jw) (Entered: 05/28/2024)
5/26/2024Terminate Deadlines and Hearings as to Surinder Singh Cheema: (jw) (Entered: 05/28/2024)
5/26/2024MEMO ENDORSEMENT as to Surinder Singh Cheema on re: 169 Letter filed by Surinder Singh Cheema...ENDORSEMENT..The request is granted in part. The sentencing will not proceed this Tuesday, May 28, 2024, at 11:00 a.m., but the parties should still appear at the scheduled time to discuss a hearing date and the scope of the hearing (Signed by Judge John P. Cronan on 5/26/24)(jw) (Entered: 05/28/2024)
5/26/2024FIRST LETTER by Surinder Singh Cheema addressed to Judge John P. Cronan from Dawn M. Florio dated 5/26/2024 re: Adjournment and Hearing (Murray, Declan) (Entered: 05/26/2024)
5/25/2024ORDER as to Surinder Singh Cheema. Defendant is ordered to advise the Court by the end of the day on Sunday, May 26, 2024, whether he objects to the facts asserted in the Government's instant submission, such that an evidentiary hearing is necessary. The Court is considering a sentence above the Guidelines range set forth in the parties' plea agreement. (Signed by Judge John P. Cronan on 5/25/2024)(mhe) (Entered: 05/25/2024)
5/25/2024SENTENCING SUBMISSION by USA as to Surinder Singh Cheema. (Shahabian, Matthew) (Entered: 05/25/2024)
5/14/2024ENDORSED LETTER as to (22-Cr-618-4) Bhupinder Singh Virk addressed to Judge John P. Cronan from Attorney Steven Brill dated May 14, 2024 re: With the government's consent, I respectfully seek an adjournment of Mr. Virk's sentencing hearing that is presently scheduled for May 28, 2024.... ENDORSEMENT: The request is granted. Defendant Virk's sentencing is adjourned from May 28, 2024, to June 12, 2024, at 3:00 p.m. SO ORDERED: ( Sentencing set for 6/12/2024 at 03:00 PM before Judge John P. Cronan. )(Signed by Judge John P. Cronan on 5/14/2024) (bw) (Entered: 05/14/2024)
5/14/2024ENDORSED LETTER as to (22-Cr-618-3) Surinder Singh Cheema addressed to Judge John P. Cronan from AUSAs Thomas Burnett, Jane Y. Chong, Matthew R. Shahabian, Amanda C. Weingarten, dated May 14, 2024 re: The Government respectfully requests an adjournment of the sentencing for defendant Surinder Singh Cheema, currently scheduled for tomorrow, May 15, 2024.... ENDORSEMENT: The request is granted. Defendant Cheema's sentencing is adjourned from May 15, 2024, to May 28, 2024, at 11:00 a.m. SO ORDERED: ( Sentencing set for 5/28/2024 at 11:00 AM before Judge John P. Cronan. )(Signed by Judge John P. Cronan on 5/14/2024) (bw) (Entered: 05/14/2024)
5/14/2024 LETTER MOTION addressed to Judge John P. Cronan from Steven Brill dated 5/14/2024 re: Adjournment of Sentencing . Document filed by Bhupinder Singh Virk. (Healy, James) (Entered: 05/14/2024)
5/14/2024 LETTER MOTION addressed to Judge John P. Cronan from Matthew R. Shahabian dated 5/14/2024 re: Adjourn Sentencing . Document filed by USA as to Surinder Singh Cheema. (Shahabian, Matthew) (Entered: 05/14/2024)
5/8/2024SENTENCING SUBMISSION by USA as to Surinder Singh Cheema. (Chong, Jane) (Entered: 05/08/2024)
4/30/2024Set/Reset Deadlines/Hearings as to Surinder Singh Cheema: Sentencing set for 5/15/2024 at 11:00 AM before Judge John P. Cronan (jw) (Entered: 04/30/2024)
4/30/2024MEMO ENDORSEMENT 156 Motion to Continue as to Surinder Singh Cheema....ENDORSEMENT...The request is granted. Defendant Cheema's sentencing is adjourned from May 7, 2024 to May 15, 2024 at 11:00am (Signed by Judge John P. Cronan on 4/30/2024) (jw) (Entered: 04/30/2024)
4/30/2024 MOTION to Continue Sentencing. Document filed by USA as to Surinder Singh Cheema. (Chong, Jane) (Entered: 04/30/2024)
4/30/2024NOTICE OF ATTORNEY APPEARANCE Jane Chong appearing for USA. (Chong, Jane) (Entered: 04/30/2024)
4/27/2024Sentencing Letter by Surinder Singh Cheema addressed to Honorable Judge John P. Cronan from Surinder Singh Cheema dated 4/27/2024 re: Sentencing. (Murray, Declan) (Entered: 04/27/2024)
4/23/2024SENTENCING SUBMISSION by Surinder Singh Cheema. (Florio, Dawn) (Entered: 04/23/2024)
4/23/2024SENTENCING SUBMISSION by Surinder Singh Cheema. (Florio, Dawn) (Entered: 04/23/2024)
4/23/2024SENTENCING SUBMISSION by Surinder Singh Cheema. (Florio, Dawn) (Entered: 04/23/2024)
4/23/2024SENTENCING SUBMISSION by Surinder Singh Cheema. (Florio, Dawn) (Entered: 04/23/2024)
4/17/2024ENDORSED LETTER as to Bhupinder Singh Virk addressed to Judge John P. Cronan from Attorney Steven Brill dated April 16, 2024 re: seek an adjournment of Mr. Virk's sentencing hearing. ENDORSEMENT: The request is granted. Defendant Virk's sentencing is adjourned from May 8, 2024, to May 28, 2024, at 2:00 p.m. SO ORDERED. ( Sentencing set for 5/28/2024 at 02:00 PM before Judge John P. Cronan. )(Signed by Judge John P. Cronan on 4/17/2024) (bw) (Entered: 04/17/2024)
4/16/2024NOTICE OF ATTORNEY APPEARANCE: James Lee Healy appearing for Bhupinder Singh Virk. Appearance Type: Retained. (Healy, James) (Entered: 04/16/2024)
4/16/2024FIRST LETTER MOTION addressed to Judge John P. Cronan from Steven Brill dated April 16, 2024 re: Adjournment of Upcoming Sentencing Hearing . Document filed by Bhupinder Singh Virk. (Brill, Steven) (Entered: 04/16/2024)
4/15/2024ENDORSED LETTER as to (22-Cr-618-3) Surinder Singh Cheema addressed to Judge John P. Cronan from Dawn M. Florio, Esq. dated April 12, 2024 re: I, Dawn M. Florio, attorney at law, represents Surinder Cheema on the above case matter dated for March 18, 2024 at 10am for sentencing. On 4/30/24, I have another sentencing with USA v. Pedro Lopez in front of Judge Gujaratti at 10am. I am asking if the court would agree to a one (1) week adjournment for May 7, 2024, to do Mr. Cheema's sentencing.... ENDORSEMENT: The request is granted. Defendant Cheema's sentencing is adjourned from April 30, 2024, to May 7, 2024, at 10:30 a.m. SO ORDERED. ( Sentencing set for 5/7/2024 at 10:30 AM before Judge John P. Cronan. )(Signed by Judge John P. Cronan on 4/15/2024) (bw) (Entered: 04/15/2024)
4/12/2024FIRST MOTION to Continue Dawn M. Florio. Document filed by Surinder Singh Cheema. (Florio, Dawn) (Entered: 04/12/2024)
3/21/2024ENDORSED LETTER as to (22-Cr-618-1) Christopher Burgos addressed to Judge John P. Cronan from James R. Froccaro, Jr. dated March 20, 2024 re: Mr. Burgos is presently scheduled to appear before Your Honor for sentencing at 10 a.m. on May 9, 2024. By this letter, I am respectfully requesting that Mr. Burgos' sentencing be adjourned to a date during the week of June 26, 2024 - if this is convenient to the Court.... ENDORSEMENT: The request is granted. Defendant Burgos's sentencing is adjourned from May 9, 2024, to June 26, 2024, at 10:00 a.m. SO ORDERED: ( Sentencing set for 6/26/2024 at 10:00 AM before Judge John P. Cronan. )(Signed by Judge John P. Cronan on 3/21/2024) (bw) (Entered: 03/21/2024)
3/20/2024 MOTION to Postpone Sentencing . Document filed by Christopher Burgos. (Froccaro, James) (Entered: 03/20/2024)
3/11/2024ENDORSED LETTER as to (22-Cr-618-2) Michael Gian William Habib addressed to Judge John P. Cronan from Philip L. Reizenstein, Esq. dated March 8, 2024 re: The defense for Mr. Habib writes to request an adjournment of the sentencing currently set for March 19, 2024.... ENDORSEMENT: The request is granted. Defendant Habib's sentencing is adjourned from March 19, 2024, to June 11, 2024, at 11:30 a.m. SO ORDERED: ( Sentencing set for 6/11/2024 at 11:30 AM before Judge John P. Cronan. )(Signed by Judge John P. Cronan on 3/11/2024) (bw) (Entered: 03/11/2024)
3/8/2024CONSENT MOTION to Continue sentencing. Document filed by Michael Gian William Habib. (Reizenstein, Philip) (Entered: 03/08/2024)
3/6/2024139SEALED DOCUMENT placed in vault. (jus) (Entered: 03/06/2024)
3/4/2024MEMO ENDORSEMENT as to Surinder Singh Cheema granting 137 FIRST MOTION to Continue. ENDORSEMENT: This request is granted. The sentencing for Defendant Cheema scheduled for March 18, 2024 at 10:00 a.m. is adjourned to April 30, 2024 at 10:00 a.m. The sentencing will be held in Courtroom 12D of 500 Pearl Street, New York, NY 10007. SO ORDERED. (Sentencing set for 4/30/2024 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan) (Signed by Judge John P. Cronan on 3/1/2024) (lnl) (Entered: 03/04/2024)
2/28/2024FIRST MOTION to Continue Dawn M. Florio. Document filed by Surinder Singh Cheema. (Florio, Dawn) (Entered: 02/28/2024)
2/26/2024Set/Reset Hearings as to Bhupinder Singh Virk: Sentencing set for 5/8/2024 at 09:30 AM before Judge John P. Cronan. (ap) (Entered: 02/26/2024)
2/26/2024MEMO ENDORSEMENT as to Bhupinder Singh Virk (4) granting 135 FIRST LETTER MOTION addressed to Judge John P. Cronan from Steven Brill dated February 22, 2024 re: Adjournment of Upcoming Sentencing Hearing. ENDORSEMENT: The request is granted. Defendant Virk's sentencing is adjourned from March 5, 2024, to May 8, 2024, at 9:30 a.m. (Signed by Judge John P. Cronan on 2/26/2024) (ap) (Entered: 02/26/2024)
2/22/2024FIRST LETTER MOTION addressed to Judge John P. Cronan from Steven Brill dated February 22, 2024 re: Adjournment of Upcoming Sentencing Hearing . Document filed by Bhupinder Singh Virk. (Brill, Steven) (Entered: 02/22/2024)
2/9/2024NOTICE OF HEARING: as to Christopher Burgos. The conference scheduled on February 28, 2024 for Christopher Burgos is adjourned sine die. (mhe) (Entered: 02/09/2024)
1/23/2024Memo Endorsed as to Christopher Burgos re: 128 LETTER MOTION Consent to Bail/Adjourn Sentencing... Endorsement: The request is granted. Defendant Burgo's sentencing is adjourned from April 10, 2024, to May 9, 2024, at 10am. So Ordered. (Sentencing set for 5/9/2024 at 10:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 1/23/24)(jbo) (Entered: 01/24/2024)
1/23/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Surinder Singh Cheema. Notice is hereby given that an official transcript of a Plea proceeding held on 12/19/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/23/2024)
1/23/2024TRANSCRIPT of Proceedings as to Surinder Singh Cheema re: Plea held on 12/19/2023 before Judge John P. Cronan. Court Reporter/Transcriber: Tracy Groth, (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 2/13/2024. Redacted Transcript Deadline set for 2/23/2024. Release of Transcript Restriction set for 4/22/2024. (McGuirk, Kelly) (Entered: 01/23/2024)
1/23/2024 LETTER MOTION addressed to Judge John P. Cronan from Matthew R. Shahabian dated 1/23/2024 re: Consent to Bail/Adjourn Sentencing . Document filed by USA as to Christopher Burgos. (Shahabian, Matthew) (Entered: 01/23/2024)
1/19/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Michael Gian William Habib. Notice is hereby given that an official transcript of a Plea proceeding held on 12/20/23 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 01/19/2024)
1/19/2024TRANSCRIPT of Proceedings as to Michael Gian William Habib re: Plea held on 12/20/23 before Judge John P. Cronan. 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 2/9/2024. Redacted Transcript Deadline set for 2/20/2024. Release of Transcript Restriction set for 4/18/2024. (Moya, Goretti) (Entered: 01/19/2024)
1/16/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Burgos. Notice is hereby given that an official transcript of a Plea proceeding held on 1/9/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/16/2024)
1/16/2024TRANSCRIPT of Proceedings as to Christopher Burgos re: Plea held on 1/9/2024 before Judge John P. Cronan. Court Reporter/Transcriber: Dana Holland, (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 2/6/2024. Redacted Transcript Deadline set for 2/16/2024. Release of Transcript Restriction set for 4/15/2024. (McGuirk, Kelly) (Entered: 01/16/2024)
1/9/2024Change of Not Guilty Plea to Guilty Plea as to Christopher Burgos (1) Count 1. (jbo) (Entered: 01/11/2024)
1/9/2024Minute Entry for proceedings held before Judge John P. Cronan: Change of Plea Hearing as to Christopher Burgos held on 1/9/2024. Plea entered by Christopher Burgos (1) Guilty as to Count 1. AUSA Matthew Shahabian present. Defendant present with his attorney, James Froccaro. Defendant pleaded guilty to Count One of the Indictment. Sentencing set for April 10, 2024 at 4:00 p.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. In addition, by February 9, 2024, the Government shall submit additional briefing on whether conditions at the Metropolitan Detention Center constitute "exceptional reasons" under 18 U.S.C. § 3145(c) that justify Mr. Burgos's continued release following his guilty plea. Defendant's response is due February 23, 2024. The Court will hold a conference to address Defendant's remand on February 28, 2024 at 10:00 a.m. in Courtroom 12D. (Court Reporter Dana Holland). (Remand Hearing set for 2/28/2024 at 10:00 AM before Judge John P. Cronan. Sentencing set for 4/10/2024 at 04:00 PM before Judge John P. Cronan.) (jbo) (Entered: 01/11/2024)
1/9/2024CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY as to Christopher Burgos. (Signed by Judge John P. Cronan on 1/9/24)(jw) (Entered: 01/09/2024)
1/8/2024ORDER as to Christopher Burgos. The parties should be prepared to address at the scheduled change-of-plea proceeding for Mr. Burgos whether conditions at the Metropolitan Detention Center constitute exceptional reasons under 18 U.S.C. § 3145(c) that justify his continued release pending sentencing, notwithstanding the mandatory remand provisions of 18 U.S.C. § 3143(a)(2). See United States v. Chavez, 22 Cr. 303 (JMF), 2024 WL 50233 (S.D.N.Y. Jan. 4, 2024). (Signed by Judge John P. Cronan on 1/8/2024)(mhe) (Entered: 01/08/2024)
1/8/2024 LETTER by USA as to Christopher Burgos addressed to Judge John P. Cronan from Matthew R. Shahabian dated 1/8/2024 re: Mandatory Remand After Plea Document filed by USA. (Shahabian, Matthew) (Entered: 01/08/2024)
1/8/2024 LETTER MOTION addressed to Judge John P. Cronan from James R. Froccaro, Jr. dated January 8, 2024 re: 119 Order, Set Deadlines/Hearings,,,,,, re: motion to continue Bond subsequent to guilty plea pursuant to 18 USC 3145(c) . Document filed by Christopher Burgos. (Froccaro, James) (Entered: 01/08/2024)
1/5/2024ORDER as to Christopher Burgos. Defendant Christopher Burgos's guilty plea hearing is scheduled for January 9, 2024 at 10:00 a.m. in Courtroom 12D of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. See Dkt. 20. By January 8, 2024, at 3:00 p.m., the parties shall advise the Court, by joint letter or individual letters, of their views regarding whether Defendants remand will be mandatory in the event that he enters a guilty plea. See 18 U.S.C. § 3143(a)(2). The Court further respectfully reminds defense counsel that it expects counsel to prepare Defendant for the possibility of detention commencing at the end of the plea proceeding, in accordance with 6.B of the Court's Individual Rules and Practices in Criminal Cases (Signed by Judge John P. Cronan on 1/5/2024)(jw) (Entered: 01/05/2024)
12/26/2023MEMO ENDORSEMENT 117 Motion to Travel as to Christopher Burgos...ENDORSEMENT...The requests are granted. Mr. Burgos may engage in his planned travel so long as he provides Pretrial Services with a detailed travel itinerary before his departure (Signed by Judge John P. Cronan on 12/26/2023) (jw) (Entered: 12/26/2023)
12/22/2023 MOTION to Travel . Document filed by Christopher Burgos. (Froccaro, James) (Entered: 12/22/2023)
12/22/2023MEMO ENDORSEMENT as to Surinder Singh Cheema granting 115 JOINT LETTER MOTION addressed to Judge John P. Cronan from Matthew R. Shahabian dated 12/21/2023 re: Withdraw CPOF. ENDORSEMENT: The request is granted. The Consent Preliminary Order of Forfeiture regarding Defendant Cheema, Dkt. 113, is withdrawn. SO ORDERED. (Signed by Judge John P. Cronan on 12/22/2023) (lnl) (Entered: 12/22/2023)
12/22/2023Terminate Deadlines and Hearings as to Christopher Burgos. (ap) (Entered: 12/22/2023)
12/22/2023NOTICE OF HEARING as to Christopher Burgos A change of plea hearing for Mr. Burgos is scheduled for January 9, 2024, at 10:00 a.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. In light of this hearing, all pending pretrial deadlines are adjourned sine die. (Change of Plea Hearing set for 1/9/2024 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan) (ap) (Entered: 12/22/2023)
12/21/2023JOINT LETTER MOTION addressed to Judge John P. Cronan from Matthew R. Shahabian dated 12/21/2023 re: Withdraw CPOF . Document filed by USA as to Surinder Singh Cheema. (Shahabian, Matthew) (Entered: 12/21/2023)
12/21/2023ORDER as to Michael Gian William Habib: This Order of course does not preclude counsel from discussing with Habib whether he has engaged in any acts that could expose him to further criminal charges. At this stage, however, the Government is under no obligation to produce the Warrant Affidavit to Habib and, accordingly, his counsel's application is denied without prejudice. This Order shall be initially filed under seal. If either party objects to the public filing of this Order (and thus the sharing of this Order with Habib himself), that party shall so advise the Court by December 14, 2023. In that submission, the party shall propose any redactions for a publicly filed version of this Order, as well as the basis for sealing or the redactions pursuant to the standard established in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), and other authorities in this Circuit. SO ORDERED. (Signed by Judge John P. Cronan on 12/11/2023) (lnl) (Entered: 12/21/2023)
12/20/2023Minute Entry for proceedings held before Judge John P. Cronan: Plea entered by Michael Gian William Habib (2) Guilty as to Count 1. (ap) (Entered: 12/21/2023)
12/20/2023Minute Entry for proceedings held before Judge John P. Cronan: Change of Plea Hearing as to Michael Gian William Habib held on 12/20/2023. AUSA Matthew Shahabian and AUSA Thomas Burnett present, Defendant present with his attorney, Philip Reizenstein. Defendant pleaded guilty to Count One of the Indictment. Sentencing set for March 19, 2024 at 10:00 a.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. (Sentencing set for 3/19/2024 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan) (Court Reporter Martha Martin) (ap) (Entered: 12/21/2023)
12/20/2023CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as as to Surinder Singh Cheema. (Signed by Judge John P. Cronan on 12/19/2023) (See ORDER as set forth) (lnl) (Entered: 12/20/2023)
12/20/2023NOTICE OF HEARING: as to Michael Gian William Habib. The oral argument for Michael Gian William Habib scheduled for December 20, 2023 at 3:00 p.m. will now be a change of plea hearing. (mhe) (Entered: 12/20/2023)
12/19/2023Minute Entry for proceedings held before Judge John P. Cronan: Plea entered by Surinder Singh Cheema (3) Guilty as to Count 1. (ap) (Entered: 12/19/2023)
12/19/2023Minute Entry for proceedings held before Judge John P. Cronan: Change of Plea Hearing as to Surinder Singh Cheema held on 12/19/2023. Change of Plea Hearing as to Surinder Singh Cheema held on December 19, 2023. AUSA Matthew Shahabian present. Defendant present with his attorney, Dawn Florio. Defendant pleaded guilty to Count One of the Indictment. Sentencing set for March 18, 2024 at 10:00 a.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. (Sentencing set for 3/18/2024 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan) (Court Reporter Tracy Groth) (ap) (Entered: 12/19/2023)
12/19/2023112SEALED DOCUMENT placed in vault. (jus) (Entered: 12/19/2023)
12/17/2023NOTICE OF HEARING: as to Surinder Singh Cheema. A change of plea hearing for Surinder Singh Cheema is scheduled for December 19, 2023 at 4:00 p.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. (mhe) (Entered: 12/17/2023)
12/8/2023ORDER as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, Bhupinder Singh Virk: the Government's requested sealing is granted. SO ORDERED. (Signed by Judge John P. Cronan on 12/8/2023) (See ORDER as set forth) (lnl) (Entered: 12/08/2023)
12/6/2023Change of Not Guilty Plea to Guilty Plea as to Bhupinder Singh Virk (4) Count 1. (jbo) (Entered: 07/19/2024)
12/6/2023Minute Entry for proceedings held before Judge John P. Cronan: Plea entered by Bhupinder Singh Virk (4) Guilty as to Count 1. (jbo) (Entered: 07/19/2024)
12/6/2023Minute Entry for proceedings held before Judge John P. Cronan: Change of Plea Hearing as to Bhupinder Singh Virk held on December 6, 2023. AUSA Matthew Shahabian present. Defendant present with his attorney, Steven Brill. Punjabi interpreters Umesh C. Passi and Samina Awan present. Defendant pleaded guilty to Count One of the Indictment. Sentencing set for March 5, 2024 at 10:00 a.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. (Court Reporter Andrew Walker) ( Sentencing set for 3/5/2024 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.) (mhe) (Entered: 12/17/2023)
12/6/2023CONSENT PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY/MONEY JUDGMENT as to Bhupinder Singh Virk. (Signed by Judge John P. Cronan on 12/6/2023) (See ORDER as set forth) (lnl) (Entered: 12/06/2023)
12/6/2023ORDER as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, Bhupinder Singh Virk: The Court will hold oral argument on the pretrial motions filed by Defendant Michael Gian William Habib, Dkts. 94-99, and Defendant Surinder Singh Cheema, Dkt. 93, on December 20, 2023, at 3:00 p.m., in Courtroom 12D at Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007. SO ORDERED. (Oral Argument set for 12/20/2023 at 03:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan) (Signed by Judge John P. Cronan on 12/6/2023) (lnl) (Entered: 12/06/2023)
12/4/2023 REPLY by Michael Gian William Habib re: 106 Order,,,,,,,, 107 Letter, filed by USA . (Reizenstein, Philip) (Entered: 12/04/2023)
11/29/2023NOTICE OF HEARING as to Bhupinder Singh Virk: A change of plea hearing for Mr. Virk is scheduled for December 6, 2023, at 1:00 p.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. (Change of Plea Hearing set for 12/6/2023 at 01:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.) (lnl) (Entered: 11/29/2023)
11/22/2023 LETTER by USA as to Michael Gian William Habib addressed to Judge John P. Cronan from Thomas Burnett/Jane Y. Chong/Matthew R. Shahabian dated 11/22/2023 re: Order re: Sealing (ECF No. 106) Document filed by USA. (Attachments: # 1 Exhibit A - iCloud Warrant, # 2 Exhibit B - Phones Warrant)(Shahabian, Matthew) (Entered: 11/22/2023)
11/22/2023ORDER as to Michael Gian William Habib. On October 25, 2023, Defendant Michael Gian William Habib filed two pretrial motions. Dkts. 94-97. In the first motion, Habib seeks the release of discovery material from the Government under Brady v. Maryland, 373 U.S. 83 (1963), United States v. Giglio, 405 U.S. 150 (1972), Kyles v. Whitley, 514 U.S. 419 (1995), and 18 U.S.C. § 3500. Dkts. 94-95. In the second motion, Habib seeks a bill of particulars under Federal Rule of Criminal Procedure 7(f). Dkts. 96-97. On October 26, 2023, Habib filed a third pretrial motion, through which he seeks suppression of various evidence. Dkts. 98-99. On November 9, 2023, the Government filed an omnibus opposition to all three motions. Dkt. 102. In addition, the Government has requested that Exhibits A and B to its opposition be filed under seal. Separately, in response to this Court's Order on November 16, 2023, Dkt. 103, the Government filed a letter explaining its justification for seeking continued sealing of certain material filed in relation to the pretrial motions filed by Habib's co-Defendant, Surinder Cheema. See Dkt. 105. Along with the letter, the Government filed redacted versions of certain documents that it had previously requested be filed entirely under seal. See Dkt. 105-4, 105-5. By November 29, 2023, the Government shall file a letter explaining whether it continues to request the complete sealing of Exhibits A and B to its opposition to Habib's pretrial motions and, if not, re-file those Exhibits on the public docket with any proposed redactions. In addition, the Government shall address the justification for any continued sealing or redacted filing of Exhibits A and B. In doing so, the Government should address Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-26 (2d Cir. 2006) and any other controlling authority. If Habib wishes to file a responsive letter on this topic, he may do so by December 4, 2023. (Signed by Judge John P. Cronan on 11/22/23)(jw) (Entered: 11/22/2023)
11/20/2023 LETTER by USA as to Surinder Singh Cheema addressed to Judge John P. Cronan from Thomas Burnett/Jane Y. Chong/Matthew R. Shahabian dated 11/20/2023 re: Order re: Sealing (ECF No. 103) Document filed by USA. (Attachments: # 1 Exhibit A - First Cell Site Warrant, # 2 Exhibit B - Second Cell Site Warrant, # 3 Exhibit C - Third Cell Site Warrant, # 4 Exhibit D - Phones Warrant, # 5 Exhibit E - iCloud Warrant)(Shahabian, Matthew) (Entered: 11/20/2023)
11/16/2023 REPLY TO RESPONSE to Motion by Michael Gian William Habib re 98 FIRST MOTION to Suppress evidence from warrants., 94 FIRST MOTION for Release of Brady Materials ., 96 FIRST MOTION for Bill of Particulars .. (Reizenstein, Philip) (Entered: 11/16/2023)
11/16/2023ORDER as to Surinder Singh Cheema: On October 19, 2023, Defendant Surinder Cheema filed a pretrial motion seeking suppression of various evidence and for an in camera inquiry concerning a confidential source. Dkt. 93 ("Motion to Suppress"). Cheema also provided to the Court two exhibits to his Motion to Suppress which were not publicly filed, presumably because they contain information considered sensitive by the Government. On November 2, 2023, the Government filed its brief in opposition to the Motion to Suppress, which contained various redactions. Dkt. 100. In addition, the Government submitted to the Court an unredacted version of its opposition brief, as well as various exhibits in support of its opposition, all of which also were not publicly filed. It does not appear obvious to the Court that the entirety of the materials not publicly filed necessarily fall within the scope of "Redactions Not Requiring Court Approval" under 9.A of the undersigned's Individual Rules and Practices in Criminal Cases. By November 20, 2023, the Government is ordered to submit a letter to the Court addressing why the requested sealing and redactions are appropriate, including whether sealing is appropriate for the two exhibits submitted by Cheema that were not publicly filed. The Government is directed to 9.A-C of the undersigned's Individual Rules and Practices in Criminal Cases. In its letter, the Government shall address Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-26 (2d Cir. 2006) and any other controlling authority, as well as whether any of these materials can be publicly filed as redacted versions. If Cheema wishes to file a letter on this topic, he may do so by November 27, 2023. In addition, Cheema's reply brief appears to present certain new factual assertions and arguments regarding his entry into the United States on September 9, 2022, including that law enforcement conducted a search under the Fourth Amendment when officers forced him to open his phone so they could take a picture of its International Mobile Equipment Identity number. See Dkt. 101 at 7-8. The Government may file a sur-reply addressing these arguments by November 22, 2023. Finally, Exhibit C to the Government's opposition, see Dkt. 100 at 2 n.2, which the Government has provided to the Court but has not publicly filed, consists of only an Agent Affidavit, but does not contain any Application or Warrant and Order that correspond to the Agent Affidavit. By November 20, 2023, the Government shall also provide the Court and Cheema's counsel with the Application and the Warrant and Order, in the event they exist. If the Government requests that these materials be filed under seal or in redacted form, it shall address them as well in the aforementioned letter. SO ORDERED. (Signed by Judge John P. Cronan on 11/16/2023) (lnl) (Entered: 11/16/2023)
11/9/2023MEMORANDUM in Opposition by USA as to Michael Gian William Habib re 98 FIRST MOTION to Suppress evidence from warrants., 94 FIRST MOTION for Release of Brady Materials ., 96 FIRST MOTION for Bill of Particulars .. (Shahabian, Matthew) (Entered: 11/09/2023)
11/9/2023FIRST REPLY MEMORANDUM OF LAW in Support as to Surinder Singh Cheema re: 93 FIRST MOTION to Suppress Dawn M. Florio. Dawn M. Florio. (Florio, Dawn) (Entered: 11/09/2023)
11/2/2023MEMORANDUM in Opposition by USA as to Surinder Singh Cheema re 93 FIRST MOTION to Suppress Dawn M. Florio.. (Shahabian, Matthew) (Entered: 11/02/2023)
10/26/2023 MEMORANDUM OF LAW in Support by Michael Gian William Habib re: 98 FIRST MOTION to Suppress evidence from warrants. filed by Michael Gian William Habib . (Reizenstein, Philip) (Entered: 10/26/2023)
10/26/2023FIRST MOTION to Suppress evidence from warrants. Document filed by Michael Gian William Habib. (Reizenstein, Philip) (Entered: 10/26/2023)
10/25/2023 MEMORANDUM OF LAW in Support by Michael Gian William Habib re: 96 FIRST MOTION for Bill of Particulars . filed by Michael Gian William Habib . (Reizenstein, Philip) (Entered: 10/25/2023)
10/25/2023FIRST MOTION for Bill of Particulars . Document filed by Michael Gian William Habib. (Reizenstein, Philip) (Entered: 10/25/2023)
10/25/2023 MEMORANDUM OF LAW in Support by Michael Gian William Habib re: 94 FIRST MOTION for Release of Brady Materials . filed by Michael Gian William Habib . (Reizenstein, Philip) (Entered: 10/25/2023)
10/25/2023FIRST MOTION for Release of Brady Materials . Document filed by Michael Gian William Habib. (Reizenstein, Philip) (Entered: 10/25/2023)
10/19/2023FIRST MOTION to Suppress Dawn M. Florio. Document filed by Surinder Singh Cheema. (Murray, Declan) (Entered: 10/19/2023)
10/19/2023Set/Reset Deadlines as to Michael Gian William Habib: Motions due by 10/26/2023. Responses due by 11/9/2023. Replies due by 11/16/2023. (ap) (Entered: 10/19/2023)
10/19/2023MEMO ENDORSEMENT as to Michael Gian William Habib (2) granting 91 SECOND MOTION for Extension of Time to File. ENDORSEMENT: This request is granted. Defendant Habib's deadline to file pretrial motions, aside from motions in limine, is adjourned from October 19, 2023, to October 26, 2023. The Government's opposition to any such motions is due on November 9, 2023, and Defendant Habib's reply is due on November 16, 2023. This Order does not affect any other deadlines set by the Court to date in this case. (Signed by Judge John P. Cronan on 10/19/2023) (ap) (Entered: 10/19/2023)
10/18/2023SECOND MOTION for Extension of Time to File . Document filed by Michael Gian William Habib. (Reizenstein, Philip) (Entered: 10/18/2023)
10/2/2023MEMO ENDORSEMENT granting 88 LETTER MOTION addressed to Judge John P. Cronan from Matthew R. Shahabian/Thomas Burnett dated 9/28/23 re: Extend Expert Deadline . as to Christopher Burgos (1), Michael Gian William Habib (2), Surinder Singh Cheema (3), Bhupinder Singh Virk (4). ENDORSEMENT: This request is granted. The Government's expert disclosure deadline pursuant to Federal Rule of Criminal Procedure 16(a)(1)(G) is adjourned to October 23, 2023. Any deadline for Defendants' expert disclosures pursuant to Rule 16(b)(1)(C) is adjourned to November 27, 2023. SO ORDERED. (Signed by Judge John P. Cronan on 9/29/2023) (lnl) (Entered: 10/02/2023)
9/29/2023MEMO ENDORSEMENT as to (22-Cr-618-3) Surinder Singh Cheema on "MEMORANDUM IN SUPPORT OF MOTION UNDER RULE 45(b)(1)(A)" filed by Surinder Singh Cheema dated 9/28/2021. ENDORSEMENT: The request is granted. Defendant Cheema's deadline to file any pre-trial motions, aside from motions in limine, is hereby adjourned until October 19, 2023. The Government's opposition to any such motions is due November 2, 2023, and Defendant Cheema's reply is due on November 9, 2023. This Order does not affect any other deadlines set by the Court in this case to date, see Dkts. 78, 86, including the pre-trial motion deadlines for Defendants Burgos and Virk by the Court's Order on August 17, 2023. Dkt. 78. SO ORDERED. ( Motions due by 10/19/2023. Responses due by 11/2/2023. Replies due by 11/9/2023. )(Signed by Judge John P. Cronan on 9/29/2023)(bw) (Entered: 09/29/2023)
9/28/2023 LETTER MOTION addressed to Judge John P. Cronan from Matthew R. Shahabian/Thomas Burnett dated 9/28/23 re: Extend Expert Deadline . Document filed by USA as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, Bhupinder Singh Virk. (Shahabian, Matthew) (Entered: 09/28/2023)
9/28/2023FIRST LETTER by Surinder Singh Cheema addressed to Judge John P. Cronan from Dawn M. Florio dated 9/28/2023 re: Extension of Time (Murray, Declan) (Entered: 09/28/2023)
9/28/2023MEMO ENDORSEMENT as to (22-Cr-618-2) Michael Gian William Habib on re: 85 MOTION filed by Michael Gian William Habib for Extension of Time. ENDORSEMENT: The request is granted. Defendant Habib's deadline to file any pre-trial motions, aside from motions in limine, is hereby adjourned until October 19, 2023. The Government's opposition to any such motions is due November 2, 2023, and Defendant Habib's reply is due on November 9, 2023. All other deadlines set in the Court's Order of August 17, 2023, Dkt. 76, including the pre-trial motions schedule for the other Defendants, remain in place. SO ORDERED: ( Motions due by 10/19/2023. Responses due by 11/2/2023. Replies due by 11/9/2023. )(Signed by Judge John P. Cronan on 9/28/2023)(bw) (Entered: 09/28/2023)
9/27/2023 MOTION for Extension of Time . Document filed by Michael Gian William Habib. (Reizenstein, Philip) (Entered: 09/27/2023)
9/13/202384SEALED DOCUMENT placed in vault. (jus) (Entered: 09/13/2023)
8/28/2023Minute Entry for proceedings held before Judge John P. Cronan:Bond Hearing as to Bhupinder Singh Virk held on 8/28/2023. Bail hearing as Bhupinder Singh Virk held on August 28, 2023. AUSA Thomas Burnett and AUSA Matthew Shahabian present. Defendant Bhupinder Singh Virk present with his attorney, Steven Brill. Punjabi interpreter, Ashutosh Mishra present. For the reasons stated on the record, the Court denied Mr. Virk's bail application. (Court Reporter Sadie Herbert) (ap) (Entered: 08/29/2023)
8/25/2023LETTER RESPONSE in Support of Motion by Bhupinder Singh Virk addressed to Judge John P. Cronan from Steven Brill dated August 25, 2023 re: 77 FIRST LETTER MOTION addressed to Judge John P. Cronan from Steven Brill dated August 15, 2023 re: Requesting a Bail Hearing and Seeking Mr. Virk's Release on Proposed Bail Conditions .. (Attachments: # 1 Exhibit A- Asylum Documentation with Court's Decision - Redacted)(Brill, Steven) (Entered: 08/25/2023)
8/25/2023LETTER RESPONSE in Support of Motion by Bhupinder Singh Virk addressed to Judge John P. Cronan from Steven Brill dated August 25, 2023 re: 77 FIRST LETTER MOTION addressed to Judge John P. Cronan from Steven Brill dated August 15, 2023 re: Requesting a Bail Hearing and Seeking Mr. Virk's Release on Proposed Bail Conditions .. (Attachments: # 1 Exhibit Asylum Documentation with Decision)(Brill, Steven) (Entered: 08/25/2023)
8/23/202381SEALED DOCUMENT placed in vault. (jus) Modified on 8/25/2023 (mhe). (Entered: 08/23/2023)
8/22/2023LETTER RESPONSE in Opposition by USA as to Bhupinder Singh Virk addressed to Judge John P. Cronan from Thomas Burnett/Matthew Shahabian dated 8/22/2023 re: 77 FIRST LETTER MOTION addressed to Judge John P. Cronan from Steven Brill dated August 15, 2023 re: Requesting a Bail Hearing and Seeking Mr. Virk's Release on Proposed Bail Conditions .. (Attachments: # 1 Exhibit A - Bail Hearing Transcript)(Shahabian, Matthew) (Entered: 08/22/2023)
8/17/2023 PROTECTIVE ORDER as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, Bhupinder Singh Virk...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge John P. Cronan on 8/17/2023) (ap) (Entered: 08/17/2023)
8/17/2023PRETRIAL ORDER as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, Bhupinder Singh Virk. Trial is scheduled to begin in this matter on January 29, 2024. The Parties must familiarize themselves with Part 7 of the Courts Individual Rules and Practices in Criminal Cases for further requirements as to the submission of pretrial materials, exhibit lists, exhibits, and material pursuant to 18 U.S.C. § 3500. Defendants shall file any pretrial motions, aside from motions in limine, by September 29, 2023. The deadline for the Governments opposition to such motions is October 13, 2023, and the deadline for any reply is October 20, 2023. The deadline for the Governments expert disclosures pursuant to Federal Rule of Civil Procedure 16(a)(1)(G) is October 2, 2023. The deadline for Defendants expert disclosures pursuant to Rule 16(b)(1)(C) is November 6, 2023. The Government shall provide Defendants with notice of any evidence it seeks to admit at trial under Federal Rule of Evidence 404(b) by December 4, 2023. By January 5, 2024, the parties shall submit proposed voir dire questions, requests to charge, and proposed verdict forms. Any motions in limine shall also be filed by January 5, 2024, with oppositions due January 12, 2024. The Court will hold a Final Pretrial Conference on January 24, 2024, at 10:00 a.m. in Courtroom 12D of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. Any superseding indictment must be filed by the Government no later than November 30, 2023, which is sixty days before the start of trial. (Pretrial Motions due by 9/29/2023. Responses due by 10/13/2023. Replies due by 10/20/2023. Motions in limine due by 1/5/2024. Responses due by 1/12/2024. Pretrial Conference set for 1/24/2024 at 10:00 AM before Judge John P. Cronan) (Signed by Judge John P. Cronan on 8/17/2023) (ap) (Entered: 08/17/2023)
8/16/2023Minute Entry for proceedings held before Judge John P. Cronan: Status Conference as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, Bhupinder Singh Virk held on 8/16/2023. : Status Conference as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, and Bhupinder Singh Virk held on August 16, 2023. AUSAs Thomas Burnett and Matthew Shahabian present. Defendants Burgos, Habib, Cheema, and Virk present, with their attorneys Philip L. Reizenstein, Dawn Florio, Steven Gary Brill and James R. Froccaro, Jr. Punjabi interpreter, Ashutosh Mishra present. Trial is scheduled to begin on January 29, 2024. Defendants shall file any pretrial motions by September 29, 2023. Government's opposition due by October 13, 2023, and replies due by October 20, 2023. Government's expert disclosures are due by October 2, 2023, and Defendants' expert disclosures are due by November 6, 2023. By January 5, 2024 the parties shall submit their proposed voir dire questions, requests to charge, and proposed verdict forms. Any motions in limine shall be filed by January 5, 2024, with oppositions due by January 12, 2024. The Final Pretrial Conference is scheduled for January 24, 2024 at 10:00 a.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. Any superseding indictment must be filed no later than November 30, 2023. A bail hearing for Defendant Virk is scheduled for August 28, 2023 at 11:00 a.m. in Courtroom 12D. Government opposition to Defendant Virk's request for bail is due by August 22, 2023, and Defendant Virk may file a reply by August 25, 2023. Time excluded pursuant to the Speedy Trial Act from August 16, 2023 through January 29, 2024 pursuant to 18 U.S.C. 3161(h)(7) for the reasons set forth on the record. (Pretrial motions due by 9/29/2023. Response due by 10/13/2023. Replies due by 10/10/2023. Motions in limine due by 1/25/2024. Responses due by 1/12/2024. Bond Hearing set for 8/28/2023 at 11:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan. Pretrial Conference set for 1/24/2024 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan) (Court Reporter Sadie Herbert) (ap) (Entered: 08/23/2023)
8/15/2023FIRST LETTER MOTION addressed to Judge John P. Cronan from Steven Brill dated August 15, 2023 re: Requesting a Bail Hearing and Seeking Mr. Virk's Release on Proposed Bail Conditions . Document filed by Bhupinder Singh Virk. (Brill, Steven) (Entered: 08/15/2023)
8/15/2023LETTER RESPONSE to Motion by Christopher Burgos addressed to Judge John P. Cronan from James R. Froccaro, Jr. dated 8/15/2023 re: 75 LETTER MOTION addressed to Judge John P. Cronan from USA dated August 11, 2023 re: Proposed Protective Order .. (Froccaro, James) (Entered: 08/15/2023)
8/11/2023 LETTER MOTION addressed to Judge John P. Cronan from USA dated August 11, 2023 re: Proposed Protective Order . Document filed by USA as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, Bhupinder Singh Virk. (Attachments: # 1 Proposed Order Protective Order)(Burnett, Thomas) (Entered: 08/11/2023)
7/24/2023NOTICE of of absence as to Michael Gian William Habib (Reizenstein, Philip) (Entered: 07/24/2023)
7/11/2023Minute Entry for proceedings held before Judge John P. Cronan:Bond Hearing as to Christopher Burgos held on 7/11/2023. AUSA Thomas Burnett and AUSA Matthew Shahabian present. Defendant present with his attorney, James Froccaro. For the reasons stated on the record, the Court did not revoke bail or otherwise modify Defendants bail conditions. (Court Reporter Eve Giniger) (jw) (Entered: 07/13/2023)
7/10/2023MEMORANDUM in Opposition by Christopher Burgos re 72 MOTION to Revoke Bail.. (Froccaro, James) (Entered: 07/10/2023)
7/7/2023 MOTION to Revoke Bail. Document filed by USA as to Christopher Burgos. (Attachments: # 1 Exhibit 1-9)(Shahabian, Matthew) (Entered: 07/07/2023)
6/28/2023Minute Entry for proceedings held before Judge John P. Cronan: Status Conference as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, Bhupinder Singh Virk held on 6/28/2023. Status Conference as to all Defendants held on June 28, 2023. AUSAs Thomas Somerset Burnett and Matthew Raffi Shahabian present. Defendants Habib, Cheema, and Virk present, with their attorneys Philip L. Reizenstein, Michael Kraut, and Steven Gary Brill. Defendant Burgos was excused, but his attorney, James R. Froccaro, Jr. was present. Next status conference scheduled for August 16, 2023 at 12:00 p.m. Trial is scheduled to begin on January 29, 2024, with a final pretrial conference scheduled for January 24, 2024 at 10:00 a.m. Bail review hearing for Defendant Burgos scheduled for July 11, 2023 at 3:00 p.m. The Government shall file any submission relating to Burgos's bail conditions by July 7, 2023; Defendant shall file any submission by July 10, 2023. Time excluded pursuant to the Speedy Trial Act from June 28, 2023 through August 16, 2023 pursuant to 18 U.S.C. 3161(h)(7) for the reasons set forth on the record. (Pretrial Conference set for 1/24/2024 at 10:00 AM before Judge John P. Cronan) (Court Reporter Doug Colavito) (ap) (Entered: 06/30/2023)
6/23/2023MEMO ENDORSEMENT as to Christopher Burgos (1) granting 70 Motion re: 70 MOTION for defendant to be excused from appearing at upcoming status conference. ENDORSEMENT: The request is granted. Mr. Burgos is excused from attending the status conference scheduled in this case for 11:00 a.m. on June 28, 2023. (Signed by Judge John P. Cronan on 6/23/2023) (ap) (Entered: 06/23/2023)
6/22/2023 MOTION for defendant to be excused from appearing at upcoming status conference . Document filed by Christopher Burgos. (Froccaro, James) (Entered: 06/22/2023)
5/5/2023 LETTER by USA as to Michael Gian William Habib addressed to Judge John P. Cronan from Matthew R. Shahabian/Thomas Burnett dated 5/5/2023 re: Habib Discovery Status Letter Document filed by USA. (Shahabian, Matthew) (Entered: 05/05/2023)
4/27/2023Minute Entry for proceedings held before Judge John P. Cronan: Status Conference as to Christopher Burgos, Michael Gian William Habib, Bhupinder Singh Virk held on 4/27/2023. AUSA Matthew Shahabian present. Defendant Burgos present with his attorney, James Froccaro. Defendant Habib present with his attorney, Philip Reizenstein. Defendant Virk present with his attorney, Steven Brill. Punjabi interpreter for Defendant Virk present, Ashutosh Mishra. Next status conference scheduled for June 28, 2023 at 11:00 a.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. Time excluded pursuant to the Speedy Trial Act from April 27, 2023 until June 28, 2023 pursuant to 18 U.S.C. 3161(h)(7) for the reasons set forth on the record. (Status Conference set for 6/28/2023 at 11:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan) (Court Reporter Raquel Robles) (ap) (Entered: 05/08/2023)
4/27/2023Minute Entry for proceedings held before Judge John P. Cronan: Status Conference as to Surinder Singh Cheema held on 4/27/2023. AUSA Matthew Shahabian present. Defendant present with his attorney, Dawn Florio. Next status conference scheduled for June 28, 2023 at 11:00 a.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. Time excluded pursuant to the Speedy Trial Act from April 27, 2023 until June 28, 2023 pursuant to 18 U.S.C. 3161(h)(7) for the reasons set forth on the record. (Status Conference set for 6/28/2023 at 11:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan) (Court Reporter Raquel Robles) (ap) (Entered: 05/08/2023)
4/27/2023MEMORANDUM TO THE DOCKET CLERK: as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, Bhupinder Singh Virk. The status conference for Surinder Singh Cheema is rescheduled to April 27, 2023 at 12:00 p.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. The status conference for Christopher Burgos, Michael Gian William Habib and Bhupinger Singh Virk is rescheduled to Thursday, April 27, 2023 at 3:00 p.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. (mhe) Modified on 4/27/2023 (mhe). (Entered: 04/27/2023)
3/30/2023BILL OF PARTICULARS by USA as to Bhupinder Singh Virk . (Shahabian, Matthew) (Entered: 03/30/2023)
2/22/2023NOTICE OF ATTORNEY APPEARANCE: Steven Gary Brill appearing for Bhupinder Singh Virk. Appearance Type: Retained. (Brill, Steven) (Entered: 02/22/2023)
2/21/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Surinder Singh Cheema. Notice is hereby given that an official transcript of a Hearing proceeding held on 12/22/2022 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.... (js) (Entered: 02/21/2023)
2/21/2023TRANSCRIPT of Proceedings as to Surinder Singh Cheema re: Hearing held on 12/22/2022 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Marissa Mignano (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 3/14/2023. Redacted Transcript Deadline set for 3/24/2023. Release of Transcript Restriction set for 5/22/2023. (js) (Entered: 02/21/2023)
2/21/2023NOTICE OF HEARING as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, Bhupinder Singh Virk. The status conference for defendants Christopher Burgos, Michael Gian William Habib, Surinder Signh Cheema, and Bhupinder Signh Virk scheduled for April 28, 2023 at 9:30 a.m. is rescheduled to April 28, 2023 at 4:00 p.m. The conference will be held in Courtroom 12D of 500 Pearl Street, New York, NY 10007. ( Status Conference set for 4/28/2023 at 04:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan. ) (bw) (Entered: 02/21/2023)
2/14/2023ORDER as to Christopher Burgos: ORDERED that the defendant's bail be modified to remove the condition of: curfew enforced by location monitoring. SO ORDERED. (Signed by Judge John P. Cronan on 2/14/2023) (lnl) (Entered: 02/15/2023)
2/14/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Burgos. Notice is hereby given that an official transcript of a Hearing proceeding held on 1/5/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/14/2023)
2/14/2023TRANSCRIPT of Proceedings as to Christopher Burgos re: Hearing held on 1/5/2023 before Judge John P. Cronan. Court Reporter/Transcriber: Amy 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 3/7/2023. Redacted Transcript Deadline set for 3/17/2023. Release of Transcript Restriction set for 5/15/2023. (McGuirk, Kelly) (Entered: 02/14/2023)
2/14/2023NOTICE OF ATTORNEY APPEARANCE: James R. Froccaro, Jr appearing for Christopher Burgos. Appearance Type: Retained. (Froccaro, James) (Entered: 02/14/2023)
2/2/2023Attorney update in case as to Surinder Singh Cheema. Attorney Michael Kraut terminated (jw) (Entered: 02/02/2023)
2/2/2023MEMO ENDORSEMENT 59 Motion to Withdraw as to Surinder Singh Cheema....ENDORSEMENT...The request is granted. The Clerk of Court is respectfully directed to terminate Michael Kraut as attorney of record in this case. (Signed by Judge John P. Cronan on 2/1/2023) (jw) (Entered: 02/02/2023)
1/31/2023FIRST MOTION to Withdraw Dawn M. Florio. Document filed by Surinder Singh Cheema. (Attachments: # 1 Exhibit Handwritten Letter)(Florio, Dawn) (Entered: 01/31/2023)
1/24/2023NOTICE OF ATTORNEY APPEARANCE: Dawn M Florio appearing for Surinder Singh Cheema. Appearance Type: Retained. Dawn M. Florio (Florio, Dawn) (Entered: 01/24/2023)
1/10/2023RULE 5(F) ORDER as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, Bhupinder Singh Virk. (Signed by Judge John P. Cronan on 1/10/23)(jw) (Entered: 01/10/2023)
1/10/2023NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Christopher Burgos. Notice is hereby given that an official transcript of a Arraignment proceeding held on 12/1/2022 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: 01/10/2023)
1/10/2023TRANSCRIPT of Proceedings as to Christopher Burgos re: Arraignment held on 12/1/2022 before Judge John P. Cronan. Court Reporter/Transcriber: Amy 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 1/31/2023. Redacted Transcript Deadline set for 2/10/2023. Release of Transcript Restriction set for 4/10/2023. (McGuirk, Kelly) (Entered: 01/10/2023)
1/9/2023ORDER as to Surinder Singh Cheema. The Clerk of Court is respectfully directed to return the funds posted for Mr. Cheemas bond to the depositing individuals accounts. In order to effect that return, those individuals should provide the Finance Department with their disbursing information. The Finance Department may be reached at (212) 805-0600. (Signed by Judge John P. Cronan on 1/9/2023)(jw) (Main Document 53 replaced on 1/10/2023) (mhe). Modified on 1/10/2023 (mhe). (Entered: 01/09/2023)
1/5/2023ORAL ORDER as to Christopher Burgos (1), Michael Gian William Habib (2), Surinder Singh Cheema (3), Bhupinder Singh Virk (4). Time excluded from 1/5/2023 until 4/28/2023. Status Conference set for 4/28/2023 at 09:30 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan. (bw) (Entered: 01/10/2023)
1/5/2023Minute Entry for proceedings held before Judge John P. Cronan: Status Conference as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, Bhupinder Singh Virk held on 1/5/2023. AUSA Thomas Burnett present. Defendant Christopher Burgos present with his attorney, Jeremy Iandolo. Defendant Michael Gian William Habib present with his attorney, Philip Reizenstein. Defendant Surinder Singh Cheema present with his attorney, Michael Kraut. Defendant Bhupinder Singh Virk present with his attorneys, Victor Sherman and Jacob Mitchell. The Court heard oral argument regarding both Mr. Virk's application for bail and the Government's appeal from of the bail determination for Mr. Cheema. For the reasons stated on the record, the Court ordered both Mr. Virk and Mr. Cheema detained pending trial. Next status conference scheduled for April 28, 2023 at 9:30 a.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. Time excluded pursuant to the Speedy Trial Act from January 5, 2023 until April 28, 2023 pursuant to 18 U.S.C. 3161(h)(7) for the reasons set forth on the record. (Court Reporter Amy Walker) (bw) (Entered: 01/10/2023)
1/5/2023Minute Entry for proceedings held before Judge John P. Cronan:Detention Hearing on disposition sheet as to Bhupinder Singh Virk held on 1/5/2023. Defense counsel Victor Sherman. AUSA Thomas Burnett. BAIL DISPOSITION: Detention: Risk of Flight/Danger. Next conference set before District Judge on 4/28/23. Speedy Trial Time excluded under 18 USC 3161(h)(7) until 4/28/23 (jw) (Entered: 01/09/2023)
1/5/2023Minute Entry for proceedings held before Judge John P. Cronan:Detention Hearing on disposition sheet as to Surinder Singh Cheema held on 1/5/2023. Defense counsel Michael Kruat. AUSA Thomas Burnett. BAIL DISPOSITION: Detention: Risk of Flight/Danger. Next conference set before District Judge on 4/28/2023. Speedy Trial Time excluded under 18 USC 3161(h)(7) until 4/28/2023. (jw) (Entered: 01/09/2023)
1/4/2023ORDER FOR ADMISSION PRO HAC VICE granting 39 Motion for Philip L. Reizenstein to Appear Pro Hac Vice as to Michael Gian William Habib (2). (Signed by Judge John P. Cronan on 1/4/2023) (lnl) (Entered: 01/04/2023)
1/4/2023NOTICE OF ATTORNEY APPEARANCE: Jacob Mitchell appearing for Bhupinder Singh Virk. Appearance Type: Retained. (Mitchell, Jacob) (Entered: 01/04/2023)
1/3/2023 LETTER MOTION addressed to Judge John P. Cronan from Victor Sherman dated January 3, 2023 re: Released on Bail . Document filed by Bhupinder Singh Virk. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Sherman, Victor) (Entered: 01/03/2023)
12/28/2022Set/Reset Deadlines/Hearings as to Christopher Burgos: Status Conference set for 1/5/2023 at 02:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan. (lnl) (Entered: 12/28/2022)
12/28/2022NOTICE OF HEARING as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, Bhupinder Singh Virk: All defendants in this case must appear for an in person initial pretrial conference on January 5, 2023 at 2:00 p.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. The status conference for Christopher Burgos scheduled for January 25, 2023 is rescheduled to January 5, 2023 at 2:00 p.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. (Pretrial Conference set for 1/5/2023 at 02:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.) (lnl) Modified on 1/19/2023 (mhe). (Entered: 12/28/2022)
12/23/2022ORDER FOR ADMISSION PRO HAC VICE as to Michael Gian William Habib. 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. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Added attorney Philip L Reizenstein for Michael Gian William Habib. (Signed by Judge John P. Cronan on 12/23/2022) (See ORDER set forth) (ap) (Entered: 12/23/2022)
12/23/2022MEMO ENDORSEMENT as to Surinder Singh Cheema (3) denying 46 LETTER MOTION addressed to Judge John P. Cronan from T. Burnett dated December 23, 2022 re: Request to Stay Bail Decision. ENDORSEMENT: The Government's request for a two-week stay of Judge Gorenstein's bail decision is denied, particularly in light of its representation that Mr. Cheema is unlikely to immediately satisfy his bail conditions. If it wishes, the Government remains free to appeal Judge Gorenstein's decision at any point between today and the pretrial conference scheduled for January 5, 2023. (Signed by Judge John P. Cronan on 12/23/2022) (ap) (Entered: 12/23/2022)
12/23/2022 LETTER MOTION addressed to Judge John P. Cronan from T. Burnett dated December 23, 2022 re: Request to Stay Bail Decision . Document filed by USA as to Surinder Singh Cheema. (Burnett, Thomas) (Entered: 12/23/2022)
12/22/2022Brady ORDER as to Michael Gian William Habib.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/22/22)(jm) (Entered: 12/22/2022)
12/22/2022Brady ORDER as to Bhupinder Singh Virk. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/22/22)(jm) (Entered: 12/22/2022)
12/22/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Defendant is present with counsel Michael Kraut; AUSA Burnett is also present. Arraignment as to Surinder Singh Cheema (3) Count 1 Surinder Singh Cheema (3) Count 1 held on 12/22/2022., Plea entered by Surinder Singh Cheema (3) Count 1 Surinder Singh Cheema (3) Count 1 Not Guilty. Speedy Trial Time excluded until 1/5/23. (jm) (Entered: 12/22/2022)
12/22/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Initial Appearance as to Surinder Singh Cheema held on 12/22/2022. Defendant is present with counsel Michael Kraut; AUSA Burnett is also present. Bail is set as follows: 2,000,000 PRB COSIGNED BY EIGHT (8) FINANCIALLY RESPONSIBLE PERSONS AND SECURED BY $100,000 AND THREE (3) HOMES BELONGING TO AMANPREET CHEMA (INDIANA), OLEKSANDR HRYTSYUK (FLORIDA) AND THE HUNDALS (ILLINOIS); TRAVEL RESTRICTED TO SDNY/EDNY/CD CALIFORNIA AND POINTS IN-BETWEEN FOR TRAVEL; ; SURRENDER TRAVEL DOCUMENTS AND NO NEW APPLICATIONS; SUPERVISION AS DIRECTED BY PRETRIAL SERVICES; DRUG TESTING/TREATMENT AS DIRECTED BY PRETRIAL SERVICES AND MENTAL HEALTH EVALUATION/TREATMENT AS DIRECTED BY PRETRIAL SERVICES; HOME DETENTION; ELECTRONIC MONITORING TECHNOLOGY AS DIRECTED BY PRETRIAL SERVICES; DEFENDANT TO CONTINUE OR SEEK EMPLOYMENT (IF LEGAL); DEFENDANT TO MAINTAIN RESIDENCE APPROVED BY PRETRIAL SERVICES. DEFENDANT TO BE DETAINED UNTIL ALL CONDITIONS ARE MET.. (jm) (Entered: 12/22/2022)
12/22/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Arraignment as to Bhupinder Singh Virk (4) Count 1 Bhupinder Singh Virk (4) Count 1 held on 12/22/2022. Defendant is present with counsel James Neuman standing in for Victor Sherman; AUSA Burnett and Punjabi Interpreter are slso present. Plea entered by Bhupinder Singh Virk (4) Count 1 Bhupinder Singh Virk (4) Count 1 Not Guilty. Speedy Trial Time is excluded until 1/5/23. (jm) (Entered: 12/22/2022)
12/22/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Initial Appearance as to Bhupinder Singh Virk held on 12/22/2022. Defendant is present with counsel James Newman standing in for Victor Sherman; AUSA Thomas Burnett and Punjabi Interpreter are also present. Defendant is detained on consent without prejudice. (jm) (Entered: 12/22/2022)
12/22/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Arraignment as to Michael Gian William Habib (2) Count 1 Michael Gian William Habib (2) Count 1 held on 12/22/2022. Defendant is present with counsel Matin Emouna standing in for Phil Reizenstein; AUSA Thomas Burnett is also present. Plea entered by Michael Gian William Habib (2) Count 1 Michael Gian William Habib (2) Count 1 Not Guilty. Speedy Trial Time excluded until 1/5/23. (jm) (Entered: 12/22/2022)
12/22/2022Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Initial Appearance as to Michael Gian William Habib held on 12/22/2022. Defendant is present with counsel Martin Emouna standing in for Phil Reizenstein; AUSA Thomas Burnett is also present. Defendant is detained on consent without prejudice. (jm) (Entered: 12/22/2022)
12/22/2022>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 39 MOTION for Philip L. Reizenstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27118144. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) (Entered: 12/22/2022)
12/22/2022>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice as to Christopher Burgos, Michael Gian William Habib, Surinder Singh Cheema, Bhupinder Singh Virk to RE-FILE Document No. 37 MOTION for Philip Louis Reizenstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27117966. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Proposed Order. 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. (sac) (Entered: 12/22/2022)
12/21/2022NOTICE OF ATTORNEY APPEARANCE: Matin Emouna appearing for Michael Gian William Habib. Appearance Type: Retained. (Emouna, Matin) (Entered: 12/21/2022)
12/21/2022 MOTION for Philip L. Reizenstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27118144. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Gian William Habib. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Emouna, Matin) (Entered: 12/21/2022)
12/21/2022NOTICE OF ATTORNEY APPEARANCE: Philip L Reizenstein appearing for Michael Gian William Habib. Appearance Type: Retained. (Reizenstein, Philip) (Entered: 12/21/2022)
12/21/2022 FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for Philip Louis Reizenstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27117966. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Gian William Habib. (Attachments: # 1 Exhibit Certificate of good standing)(Reizenstein, Philip) Modified on 12/22/2022 (sac). (Entered: 12/21/2022)
12/20/2022NOTICE OF ATTORNEY APPEARANCE: Victor Sherman appearing for Bhupinder Singh Virk. Appearance Type: Retained. (Sherman, Victor) (Entered: 12/20/2022)
12/13/2022Rule 5(c)(3) Documents Received as to Bhupinder Singh Virk from the United States District Court - Central District of California. (jm) (Entered: 12/13/2022)
12/6/2022MEMO ENDORSEMENT denying 27 LETTER MOTION; denying 33 MOTION. On 27 LETTER MOTION filed by Surinder Singh Cheema (3), addressed to Judge John P. Cronan from Attorney Michael E. Kraut dated November 29, 2022 re: Request to Expedite Defendant's Return to SDNY. ENDORSEMENT: This application, Dkt. 27, and Defendant Surider Cheema's subsequent motion, Dkt. 33, are denied. The Court will schedule Mr. Cheema's arraignment upon his arrival in the New York area. Mr. Cheema was arrested on November 16, 2022, and counsel has identified no compelling reason for why the Court should disturb the authority ordinarily conferred on the United States Marshals Service to supervise his transportation to this District. SO ORDERED: (Signed by Judge John P. Cronan on 12/6/2022) (bw) (Entered: 12/06/2022)
12/6/2022 MOTION Request for Transfer of Defendant to SDNY and to Add Matter to Calendar for Arraignment . Document filed by Surinder Singh Cheema. (Attachments: # 1 Text of Proposed Order Requesting Transfer of Defendant and to Add Matter to Calendar for Purpose of Arraignment)(Kraut, Michael) (Entered: 12/06/2022)
12/2/2022ORDER FOR ADMISSION PRO HAC VICE 30 Motion for Michael Kraut to Appear Pro Hac Vice as to Surinder Singh Cheema. The motion of Michael Kraut for admission to practice Pro Hac Vice in the above-captioned matter is granted. 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. All attorneys appearing before this court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge John P. Cronan on 12/2/22) (jw) (Entered: 12/02/2022)
12/1/2022Minute Entry for proceedings held before Judge John P. Cronan: Plea entered by Christopher Burgos (1) Count 1 Not Guilty. (ap) (Entered: 12/01/2022)
12/1/2022Minute Entry for proceedings held before Judge John P. Cronan: Arraignment as to Christopher Burgos (1) Count 1 held on 12/1/2022. Minute Entry for proceedings held before Judge John P. Cronan: Arraignment as to Christopher Burgos held on December 1, 2022. AUSA Matthew Shahabian present. Defendant present with his attorney, Jeremy Iandolo. Defendant entered a not guilty plea to Count One of the S(2) Indictment. Next status conference is scheduled for January 25, 2022 at 10:00 a.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. Time excluded under the Speedy Trial Act from December 1, 2022 until January 25, 2023 pursuant to 18 U.S.C. 3161(h)(7) for the reasons set forth on the record. (Status Conference set for 1/25/2023 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan) (Court Reporter Amy Walker) (ap) (Entered: 12/01/2022)
12/1/2022RULE 5(F) ORDER as to Christopher Burgos. (Signed by Judge John P. Cronan on 12/1/22)(jw) (Entered: 12/01/2022)
12/1/2022>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 30 SECOND MOTION for Michael Eric Kraut 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. (sac) (Entered: 12/01/2022)
11/30/2022SECOND MOTION for Michael Eric Kraut to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Surinder Singh Cheema. (Attachments: # 1 Affidavit Affidavit Supporting Admission Pro Hac Vice (notarized), # 2 Exhibit Supreme Court of CA Certificate of Good Standing for Michael Kraut, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Kraut, Michael) (Entered: 11/30/2022)
11/30/2022MEMO ENDORSEMENT 28 FIRST LETTER MOTION addressed to Judge John P. Cronan from Jeremy M. Iandolo dated November 30, 2022 re: Arraignment Schedule....ENDORSEMENT...The arraignment of Defendant Christopher Burgos, which had previously been scheduled for 9:15 a.m. on November 23, 2022, is hereby adjourned until 9:00 a.m. on December 1, 2022. The arraignment shall take place in Courtroom 12D of the Daniel P. Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. The Court finds that, pursuant to 18 U.S.C. § 3161(h)(7)(A), the interests of the public are outweighed by the ends of justice that would be served by excluding time from November 30, 2022 until December 1, 2022--namely, ensuring that Burgos's counsel is able to appear at the arraignment. (Signed by Judge John P. Cronan on 11/30/22) (jw) (Entered: 11/30/2022)
11/30/2022FIRST LETTER MOTION addressed to Judge John P. Cronan from Jeremy M. Iandolo dated November 30, 2022 re: Arraignment Schedule ., FIRST MOTION to Continue . Document filed by Christopher Burgos. (Iandolo, Jeremy) (Entered: 11/30/2022)
11/29/2022 LETTER MOTION addressed to Judge John P. Cronan from Michael E. Kraut dated November 29, 2022 re: Request to Expedite Defendant's Return to SDNY . Document filed by Surinder Singh Cheema. (Attachments: # 1 Text of Proposed Order Request to Expedite Return of Defendant to SDNY)(Kraut, Michael) (Entered: 11/29/2022)
11/29/2022>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice as to Surinder Singh Cheema to RE-FILE Document No. 25 MOTION for Michael Eric Kraut to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27006589. 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 California. 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. (sac) (Entered: 11/29/2022)
11/29/2022 LETTER by USA as to Bhupinder Singh Virk addressed to Judge John P. Cronan from USA dated November 29, 2022 re: Virk Bail Hearing Status Update Document filed by USA. (Burnett, Thomas) (Entered: 11/29/2022)
11/28/2022 MOTION for Michael Eric Kraut to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27006589. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Surinder Singh Cheema. (Attachments: # 1 Affidavit Affidavit Supporting Admission Pro Hac Vice (notarized), # 2 Exhibit CA State Bar Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Kraut, Michael) (Entered: 11/28/2022)
11/22/2022Rule 5(c)(3) Documents Received as to Surinder Singh Cheema from the United States District Court - Central District of California. (jm) (Entered: 11/22/2022)
11/21/2022Set/Reset Hearings as to Christopher Burgos: Arraignment set for 11/23/2022 at 09:15 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan. (ap) (Entered: 11/21/2022)
11/21/2022MEMORANDUM TO THE DOCKET CLERK: as to Christopher Burgos. The arraignment for Christopher Burgos is scheduled for Wednesday, November 23, 2022 at 9:15 a.m. in Courtroom 12D of 500 Pearl Street, New York, NY 10007. (ap) (Entered: 11/21/2022)
11/21/2022Rule 5(c)(3) Documents Received as to Michael Gian William Habib from the United States District Court - Southern District of Florida. (jm) (Main Document 23 replaced on 11/21/2022) (jm). (Entered: 11/21/2022)
11/20/2022NOTICE OF ATTORNEY APPEARANCE Matthew Raffi Shahabian appearing for USA. (Shahabian, Matthew) (Entered: 11/20/2022)
11/18/2022 INDICTMENT FILED as to Bhupinder Singh Virk (4) count(s) 1. (jm) Modified on 11/21/2022 (jm).(Originally filed under seal o0n 11/10/22) (Entered: 11/21/2022)
11/18/2022ORDER as to Bhupinder Singh Virk unsealing the indictment. (Signed by Magistrate Judge Jennifer E Willis on 11/18/22)(jm) (Entered: 11/21/2022)
11/18/2022Appearance Bond Entered as to Christopher Burgos: $100,000 Personal recognizance bond; To be cosigned by one financially responsible person; Additional conditions..... (jbo) (Entered: 11/18/2022)
11/17/2022Arrest of Bhupinder Singh Virk in the United States District Court - Central District of California. (jm) (Entered: 12/13/2022)
11/17/2022Arrest of Surinder Singh Cheema in the United States District Court - Central District of California. (jm) (Entered: 11/22/2022)
11/16/2022Arrest of Michael Gian William Habib in the United States District Court - Southern District of Florida. (jm) (Entered: 11/21/2022)
11/16/2022Minute Entry for proceedings held before Magistrate Judge Jennifer E Willis:Initial Appearance as to Christopher Burgos held on 11/16/2022. Defendant is present with counsel Jeremy Landolo; AUSAs Thomas Burnell and Matthew Shahabian are also present. Bail is set as follows: $100,000 PRB cosigned by three FRPs, two of which are to be family members in the following categories - mother, father, sister, brother or wife; travel restricted to SDNY/EDNY/DNJ; surrender travel documents and no new applications; supervision as directed by PTS; curfew, the hours of which shall be set by PTS; location monitoring technology as directed by PTS; Defendant not to possess firearm/destructive device/other weapon. Defendant to be detained until all conditions are met. Conference before USDJ on 12/7/22. (jm) (Entered: 11/17/2022)
11/16/2022NOTICE OF ATTORNEY APPEARANCE: Jeremy M Iandolo appearing for Christopher Burgos. (jm) (Entered: 11/17/2022)
11/16/2022***DELETED DOCUMENT. Deleted document number 16 Notice of Intent, as to Christopher Burgos. The document was incorrectly filed in this case. The incorrect document description was used. Description should have been notice of appearance. (jm) (Entered: 11/17/2022)
11/16/2022Arrest of Christopher Burgos. (jm) (Entered: 11/17/2022)
11/16/2022RULE 5(F) ORDER as to Christopher Burgos. SO ORDERED. (Signed by Magistrate Judge Jennifer E. Willis on 11/16/2022)(bw) (Entered: 11/17/2022)
11/16/2022S(1) INDICTMENT FILED as to Surinder Singh Cheema (3) count(s) 1. (jm) (Originally filed under seal on 11/10/22) (Entered: 11/16/2022)
11/16/2022ORDER as to Surinder Singh Cheema unsealing the S(1) superseding indictment. (Signed by Magistrate Judge Jennifer E Willis on 11/16/22)(jm) (Entered: 11/16/2022)
11/16/2022Attorney update in case as to Christopher Burgos, Michael Gian William Habib. Attorney Thomas Somerset Burnett for USA added. (jm) (Entered: 11/16/2022)
11/16/2022Case as to Christopher Burgos, Michael Gian William Habib ASSIGNED to Judge John P. Cronan. Judge Unassigned no longer assigned to the case. (jm) (Entered: 11/16/2022)
11/16/2022Case Designated ECF as to Christopher Burgos, Michael Gian William Habib. (jm) (Entered: 11/16/2022)
11/16/2022S(2) and S(3) INDICTMENTS UNSEALED as to Christopher Burgos, Michael Gian William Habib. (jm) (Entered: 11/16/2022)
11/16/2022Order to Unseal S(2) ans S(3) Indictment as to Sealed Defendant 1, Sealed Defendant 2.. (Signed by Magistrate Judge Jennifer E Willis on 11/16/22)(jm) (Entered: 11/16/2022)
11/14/20226SEALED DOCUMENT placed in vault. (nmo) (Entered: 11/14/2022)
11/14/20225SEALED DOCUMENT placed in vault. (nmo) (Entered: 11/14/2022)
11/14/20224SEALED DOCUMENT placed in vault. (nmo) (Entered: 11/14/2022)
11/14/20223SEALED DOCUMENT placed in vault. (nmo) (Entered: 11/14/2022)
11/14/20222SEALED DOCUMENT placed in vault. (nmo) (Entered: 11/14/2022)
11/14/20221SEALED DOCUMENT placed in vault. (nmo) (Entered: 11/14/2022)
11/10/2022SEALED S(3) INDICTMENT as to Sealed Defendant 2 (2) count(s) 1. (jm) (Entered: 11/16/2022)
11/10/2022SEALED S(2) INDICTMENT as to Sealed Defendant 1 (1) count(s) 1. (jm) (Entered: 11/16/2022)