WHEREAS the parties appeared before the Court on March 14, 2025 for a conference.

IT IS HEREBY ORDERED that the parties must meet and confer and file a joint letter proposing next steps within one week of the Supreme Court’s decision in Kousisis v. United States, No. 23-909, and if it appears that this case will proceed, that letter must propose three mutually convenient dates for a status conference to be held not later than three weeks after the date of the decision.

IT IS FURTHER ORDERED that, if the Court has not already had a status conference pursuant to the paragraph above, the parties appear for a status conference on July 17, 2025 at 2:30 P.M. in Courtroom 20C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York, 10007.

IT IS FURTHER ORDERED that the period between March 14, 2025, and July 17, 2025, is excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A).

As stated on the record at the Conference, the Court finds that the ends of justice outweigh the interest of the public and the Defendants in a speedy trial, as the parties agree that the Supreme Court’s decision in Kousisis v. United States, No. 23-909, will affect the Government’s next steps in this case.

VALERIE CAPRONI, United States District Judge: WHEREAS on December 11, 2018, this Court entered a Judgment ordering Steven Aiello to pay a fine of $500,000, representing $250,000 on Counts One and Two and $250,000 on Count Ten, and a special assessment of $300 (Dkt. 946); WHEREAS on February 11, 2019, this Court ordered Mr. Aiello to forfeit $898,954.20 in connection with Counts One and Two (Dkt. 981); WHEREAS on February 12, 2019, a Satisfaction of Judgment was entered acknowledging that Mr. Aiello had paid $500,300 to the Clerk of Court, representing the full sum of his fine and special assessment (Dkt. 983); WHEREAS on September 8, 2021, the United States Court of Appeals for the Second Circuit affirmed Mr. Aiello’s convictions in two separate decisions; WHEREAS on February 3, 2022, this Court entered a Stipulation and Order of Settlement as to Substitute Assets stating, among other things: “[I]f as a result of further proceedings in the United States Supreme Court the convictions of Defendant Steven Aiello on Counts One and Two are reversed or vacated, the government shall have no entitlement to forfeiture against him based on those convictions.

Judgment shall be void … and the government shall return to Steve Aiello any portion of the Money Judgment paid” (Dkt. 1037 ¶ 9); WHEREAS on February 18, 2022, Mr. Aiello filed a Petition for Writ of Certiorari in the Supreme Court; WHEREAS on April 28, 2022, Mr. Aiello paid the full forfeiture amount of $898,954.20 by delivering a check payable to the United States Marshals Service to the United States Attorney’s Office; WHEREAS on May 22, 2023, the Supreme Court granted Mr. Aiello’s Petition for Writ of Certiorari, vacated the judgment of the Court of Appeals, and remanded the case for further consideration in light of Ciminelli v. United States, 598 U.S. 306 (2023), and Percoco v. United States, 598 U.S. 319 (2023), see Aiello v. United States, 143 S. Ct. 2491 (2023); WHEREAS on September 23, 2024, the Court of Appeals vacated Mr. Aiello’s convictions for wire fraud and wire fraud conspiracy (Counts One and Two), vacated Mr. Aiello’s conviction for conspiracy to commit honest-services fraud (Count Ten) and “remanded for the government to move for dismissal of that count,” and remanded for further proceedings, United States v. Aiello, 118 F.4th 291 (2d Cir. 2024); and WHEREAS the Mandate issued on February 3, 2025 (Dkt. 1063);

The Consent Preliminary Order of Forfeiture/Money Judgment (Dkt. 981) is vacated.

The Clerk of Court is directed to return $500,300 to Mr. Aiello, representing the sum he paid to the Court in satisfaction of his fine and special assessment, by Electronic Funds Transfer using the banking information on the Form AO 213P Mr. Aiello will provide to the Finance/Cashier Department.

The Government is directed to return the $898,954.20 forfeiture amount to Mr. Aiello in accordance with the ACH form Mr. Aiello will submit to the United States Attorney’s Office.

VALERIE CAPRONI, United States District Judge: WHEREAS on December 11, 2018, this Court entered a Judgment ordering Joseph Gerardi to pay a fine of $500,000, representing $250,000 on Counts One and Two and $250,000 on Count Sixteen, and a special assessment of $300 (Dkt. 945); WHEREAS on February 11, 2019, this Court ordered Mr. Gerardi to forfeit $898,954.20 in connection with Counts One and Two (Dkt. 982); WHEREAS on February 25, 2019, a Satisfaction of Judgment was entered acknowledging that Mr. Gerardi had paid $500,300 to the Clerk of Court, representing the full sum of his fine and special assessment (Dkt. 987); WHEREAS on September 8, 2021, the United States Court of Appeals for the Second Circuit affirmed Mr. Gerardi’s convictions; WHEREAS on February 3, 2022, this Court entered a Stipulation and Order of Settlement as to Substitute Assets stating, among other things: “[I]f as a result of further proceedings in the United States Supreme Court the convictions of Defendant Joseph Gerardi on Counts One and Two are reversed or vacated, the government shall have no entitlement to forfeiture against him based on those convictions.

Judgment shall be void … and the government shall return to Joseph Gerardi any portion of the Money Judgment paid” (Dkt. 1038 ¶ 9); WHEREAS on February 18, 2022, Mr. Gerardi filed a Petition for Writ of Certiorari in the Supreme Court; WHEREAS on April 28, 2022, Mr. Gerardi paid the full forfeiture amount of $898,954.20 by delivering a check payable to the United States Marshals Service to the United States Attorney’s Office; WHEREAS on May 22, 2023, the Supreme Court granted Mr. Gerardi’s Petition for Writ of Certiorari, vacated the judgment of the Court of Appeals, and remanded the case for further consideration in light of Ciminelli v. United States, 598 U.S. 306 (2023), and Percoco v. United States, 598 U.S. 319 (2023), see Aiello v. United States, 143 S. Ct. 2491 (2023); WHEREAS on September 23, 2024, the Court of Appeals vacated Mr. Gerardi’s convictions for wire fraud and wire fraud conspiracy (Counts One and Two), affirmed his false statement conviction (Count Sixteen), and remanded for further proceedings, United States v. Aiello, 118 F.4th 291 (2d Cir. 2024); and WHEREAS the Mandate issued on February 3, 2025 (Dkt. 1063);

The Consent Preliminary Order of Forfeiture/Money Judgment (Dkt. 982) is vacated.

The Clerk of Court is directed to return $250,200 to Mr. Gerardi, representing the sum he paid to the Court in satisfaction of his fine and special assessment with respect to Counts One and Two, by Electronic Funds Transfer using the banking information on the Form AO 213P Mr. Gerardi will provide to the Finance/Cashier Department.

The Government is directed to return the $898,954.20 forfeiture amount to Mr. Gerardi in accordance with the ACH form Mr. Gerardi will submit to the United States Attorney’s Office.

VALERIE CAPRONI, United States District Judge: WHEREAS on December 4, 2018, this Court entered a Judgment ordering Louis Ciminelli to pay a fine of $500,000 on Counts One and Four, and a special assessment of $200 (Dkt. 939); WHEREAS on December 18, 2019, a Satisfaction of Judgment was entered acknowledging that Mr. Ciminelli had paid $500,200 to the Clerk of Court, representing the full sum of his fine and special assessment (Dkt. 1004); WHEREAS on February 11, 2019, based on the Judgment and his then-existing convictions on Counts One and Four, this Court entered a Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment that ordered Mr. Ciminelli to, inter alia and as stated in paragraph 6 of the preliminary order, pay and forfeit a money judgment of $1,600,000 within 30 days of the issuance of the mandate on his appeal in connection with Counts One and Four (Dkt. 980); WHEREAS on September 8, 2021, the United States Court of Appeals for the Second Circuit affirmed Mr. Ciminelli’s convictions; WHEREAS on December 14, 2021, the Court of Appeals issued its Judgment affirming Mr. Ciminelli’s convictions as its Mandate (Dkt. 1031);

WHEREAS on February 18, 2022, Mr. Ciminelli filed a Petition for Writ of Certiorari in the Supreme Court; WHEREAS on or about March 3, 2022, Mr. Ciminelli paid the full money judgment forfeiture amount of $1,600,000 by delivering a check payable to the United States Marshals Service, to the United States Attorney’s Office; WHEREAS on June 30, 2022, the Supreme Court granted Mr. Ciminelli’s Petition for Writ of Certiorari; WHEREAS on May 11, 2023, the Supreme Court vacated the judgment of the Court of Appeals, and remanded the case for further consideration in light of Ciminelli v. United States, 598 U.S. 306 (2023); WHEREAS, on July 10, 2023, the Court of Appeals recalled the Mandate that had issued in Mr. Ciminelli’s appeal, and ordered that his appeal before the Court of Appeals be reinstated (Dkt. 1054); WHEREAS on September 23, 2024, the Court of Appeals vacated Mr. Ciminelli’s convictions for wire fraud conspiracy and wire fraud (Counts One and Four), and remanded for further proceedings, United States v. Aiello (Ciminelli), 118 F.4th 291 (2d Cir. 2024) (Dkt. 1062); and WHEREAS a new Mandate resulting from the Court of Appeals decision vacating Mr. Ciminelli’s convictions issued on February 3, 2025, and was filed in this Court (Dkt. 1063);

The Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment (Dkt. 980) is vacated.

The Clerk of Court is respectfully directed to return $500,200 to Mr. Ciminelli, representing the sum he paid to the Court in satisfaction of his fine and special assessment, by Electronic Funds Transfer using the banking information on the Form AO 213P Mr. Ciminelli will provide to the Finance/Cashier Department.

The Government is directed to return the $1,600,000 money judgment forfeiture amount to Mr. Ciminelli in accordance with the ACH form Mr. Ciminelli will submit to the United States Attorney’s Office.

VALERIE CAPRONI, United States District Judge: WHEREAS on December 12, 2018, this Court entered a Judgment ordering Alain Kaloyeros to pay a fine of $100,000 and a special assessment of $300 (Dkt. 953); WHEREAS on February 12, 2019, a Satisfaction of Judgment was entered acknowledging that Dr. Kaloyers had paid $100,300, representing the full sum of his fine and special assessment (Dkt. 984); WHEREAS on September 8, 2021, the United States Court of Appeals for the Second Circuit affirmed Dr. Kaloyeros’ convictions; WHEREAS on February 18, 2022, Dr. Kaloyeros filed a Petition for Writ of Certiorari in the Supreme Court; WHEREAS on May 22, 2023, the Supreme Court granted Dr. Kaloyeros’s Petition for Writ of Certiorari, vacated the judgment of the Court of Appeals, and remanded the case for further consideration in light of Ciminelli v. United States, 598 U.S. 306 (2023), see Kaloyeros v. United States, 143 S. Ct. 2490 (2023); WHEREAS on September 23, 2024, the Court of Appeals vacated Dr. Kaloyeros’s convictions for wire fraud and wire fraud conspiracy (Counts One, Two, and Four), United States v. Aiello, 118 F.4th 291 (2d Cir. 2024); and

WHEREAS the Mandate issued on February 3, 2025 (Dkt. 1063);

The Clerk of Court is directed to return $100,300 to Dr. Kaloyeros, representing the sum he paid to the Court in satisfaction of his fine and special assessment, by Electronic Funds Transfer using the banking information on the Form AO 213P Dr. Kaloyeros will provide to the Finance/Cashier Department.

Date: March __, 2025 New York, New York

United States District Judge