USA v. Tyurin

1:19-cr-00658 | New York Southern District Court

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Division Foley Square
Judge Judge Laura Taylor Swain
Filed Sept. 11, 2019
Case Flags ECF
Last Updated: 2 years, 7 months ago Show Interactive Timeline
Filing Date # Docket Text
8/22/2022
  • Order
ORDER 18 MOTION for movement to "low" BOP facility as to Andrei Tyurin. The Court has received Defendant Andrei Tyurins letter request for a transfer from Federal Correctional Institution Berlin, where he is currently incarcerated, to a lower security Bureau of Prisons ("BOP") facility. While the sentencing courts recommendation is a factor in the BOPs decision to either designate the place of imprisonment or transfer the inmate to another facility, the agencys decision "is not reviewable by any court." Therefore, the Court denies Mr. Tyurin"s request. The Court encourages Mr. Tyurin to discuss his request with his counselor and follow any BOP procedures for making such requests. The Court will al so recommend that the Bureau of Prisons redesignate Mr. Tyurin to a suitable lower-security facility that affords opportunities for video visits with family. The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Tyurin. [**The Clerk will mail this Order to defendant Andrei Tyurin on this case and to case 15 cr 333, to the address listed on the Order**] (Signed by Judge Laura Taylor Swain on 8/19/2022) (jw)
8/16/2022Miscellaneous Relief
5/19/2021
  • Motion for Judgment
Amended Judgment
4/5/2021Endorsed Letter
4/5/2021CONSENT ORDER OF RESTITUTION as to Andrei Tyurin. (Signed by Judge Laura Taylor Swain on 4/5/2021) (Docketed in 15cr333 and 19cr658) (ap)
2/5/2021 AMENDED CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Andrei Tyurin. IT IS HEREBY STIPULATED AND AGREED, by and between the United States ofAmerica, by its attorney Audrey Strauss, United States Attorney, Assistant United States Attor neys Eun Young Choi, Noah D. Solowiejczyk, and Daniel Tracer, of counsel, and the Defendant, and his counsel, Florian Miedel, Esq., that As a result of the offenses charged in Counts One, Two, Eight, and Nine of the First Indictment and Counts One and Five of the Second Indictment, to which the Defendant pled guilty, a money judgment in the amount of $19,214,956.00 in United States currency, representing the amount of proceeds traceable to the offenses charged in in Counts One, Two, E ight, and Nine of the First Indictment and Counts One and Five of the Second Indictment that the Defendant personallyobtained, shall be entered against the Defendant, for which the Defendant is jointly and severally liable with co-defendants Joshua Samuel Aaron, Ziv Orenstein, and Gery Shalon, to the extent money judgments are entered against Joshua Samuel Aaron, Ziv Orenstein, and Gery Shalon. (Signed by Judge Laura Taylor Swain on 2/5/21)(jw)
1/15/2021
  • Motion for Judgment
JUDGMENT IN A CRIMINAL CASE as to Andrei Tyurin (1). THE DEFENDANT: pleaded guilty to counts One (1) and Five (5). Counts and any underlying indictments are dismissed on the motion of the United States. IMPRISONMENT: 60 months as to Count Five ( 5) and 144 months as to Count One (1), to run concurrently, for a total of 144 months. No term of supervised release to follow. The court makes the following recommendations to the Bureau of Prisons: that the defendant be credited with pre-extradit ion time spent in custody in the Republic of Georgia from 12/12/2017 to 9/7/2018, against this sentence. ASSESSMENT: $200.00 due immediately. The determination of restitution is deferred until 4/6/2021. An Amended Judgment in a Criminal Case ( AO 245C) will be entered after such determination. The defendant shall forfeit the defendant's interest in the following property to the United States: Defendant is to forfeit to the United States $19,214,956.00 as specified in the Consent Order of Forfeiture, which represents the proceeds of the defendant's criminal activity. (Signed by Judge Laura Taylor Swain on 1/11/2021) (ap)
1/15/2021Sentencing
1/7/2021
  • Order
ORDER OF JUDICIAL REMOVAL as to Andrei Tyurin: IT IS HEREBY ORDERED, pursuant to Section 238(c) of the INA, 8 U.S.C. § 1228(c), that the defendant shall be removed from the United States promptly upon his release from confinement, or, if the defendant is not sentenced to a term of imprisonment, promptly upon his sentencing, and that the defendant be ordered removed to Russia. (Signed by Judge Laura Taylor Swain on 1/7/2021) (See ORDER set forth) (Docketed in 15cr333 and 19cr658)
12/30/2020
  • Order
ORDER as to Andrei Tyurin. The continued sentencing hearing in this case, currently scheduled for January 7, 2021, at 9:00 a.m., is hereby rescheduled to occur as a video-conference using the CourtCall platform on January 7, 2021, at 11:00 a.m. As requested, defense counsel will be given an opportunity to speak with the Defendant by telephone for fifteen minutes before the sentencing proceeding begins (i.e., at 10:45 a.m.). To optimize the quality of the video feed, only the Court, the Def endant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the CourtCall system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling 855-268-7844 and using access code 32091812# and PIN 9921299# ( Sentencing set for 1/7/2021 at 11:00 AM before Judge Laura Taylor Swain.). (Signed by Judge Laura Taylor Swain on 12/30/20)(jw)
12/30/2020WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING as to Andrei Tyurin re: Sentence (Signed by Judge Laura Taylor Swain on 12/29/2020)(jw)
12/8/2020Status Conference
12/8/2020
  • Order
ORDER as to Andrei Tyurin: The Court has requested that Defendant's continued sentencing proceeding take place via videoconference on the morning of January 7, 2021, at 9:00 a.m. No conference date, time or modality can be confirmed befo re the end of the preceding week, so counsel are requested to keep their calendars open between the hours of 9 a.m. and 2 p.m. on January 7, 2021, until further notice. SO ORDERED. (Sentencing set for 1/7/2021 at 09:00 AM before Judge Laura Taylor Swain) (Signed by Judge Laura Taylor Swain on 12/8/2020) (See ORDER as set forth) (lnl)
11/24/2020
  • Order
ORDER as to Andrei Tyurin. The sentencing hearing in this case, currently scheduled for December 1, 2020, at 11:00 a.m., is hereby rescheduled to occur as a videoconference using the CourtCall platform on December 3, 2020, at 11:00 a.m. As requested , defense counsel will be given an opportunity to speak with the Defendant by telephone for fifteen minutes before the sentencing proceeding begins (i.e., at 10:45 a.m.); defense counsel should make sure to answer the telephone number that was previo usly provided to Chambers at that time. (Chambers will provide counsel with a telephone number at which the interpreter can be reached at the time of the pre-conference; it is counsel's responsibility to conference the interpreter in with the De fendant for the pre-conference.) To optimize the quality of the video feed, only the Court, the Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others will participate by telephone. Due to the l imited capacity of the CourtCall system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling 855-268-7844 and using access code 67812309# and PIN 9921299# ....[See this Order]... If possible, defense counsel shall discuss the attached Waiver of Right to be Present at Criminal Proceeding with the Defendant prior to the proceeding. If the Defendant consents, and is able to sign the form (either personall y or, in accordance with Standing Order 20-MC-174 of March 27, 2020, by defense counsel), defense counsel shall file the executed form at least 24 hours prior to the proceeding. In the event the Defendant consents, but counsel is unable to obtain or affix the Defendant's signature on the form, the Court will conduct an inquiry at the outset of the proceeding to determine whether it is appropriate for the Court to add the Defendant's signature to the form. To the extent that there are a ny documents relevant to the proceeding (e.g., proposed orders or documents regarding restitution, forfeiture, or removal), counsel should submit them to the Court (by email or on ECF, as appropriate) at least at least 24 hours prior to the proceedin g. To the extent any documents require the Defendants signature, defense counsel should endeavor to get them signed in advance of the proceeding as set forth above; if defense counsel is unable to do so, the Court will conduct an inquiry during the proceeding to determine whether it is appropriate for the Court to add the Defendant's signature. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/24/2020); Also docketed in 15-Cr-333(LTS). (bw)
11/5/2020
  • Order
ORDER ISSUED PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 5(F) as to Andrei Tyurin. The parties are directed, pursuant to Federal Rule of Criminal Procedure 5(f) as amended by the Due Process Protections Act of 2020. If the Government fails to comply with this Courts Rule 5(f) Order or theobligations imposed by Brady and its progeny, the Court, in addition to ordering production of the information, may: (1) specify the terms and conditions of such production; (2) grant a continuance;(3) impose evidentiary sanctions;(4) impose sanctions on any responsible lawyer for the Government; (5) dismiss charges before trial or vacate a conviction after trial or a guilty plea; or (6) enter any other order that is just under the circumstances. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/5/20)(jw) (Entered: 11/06/2020)
9/23/2019
  • Order
Oral Order of Referral to Probation for Presentence Investigation and Report as to Andrei Tyurin. (Signed by Judge Laura Taylor Swain on 9/23/2019) (ap) (Entered: 10/02/2019)
9/23/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Plea entered by Andrei Tyurin (1) Guilty as to Count 1,5. (ap) (Entered: 10/02/2019)
9/23/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Arraignment as to Andrei Tyurin (1) Count 1,2-4,5,6-7,8-10 held on 9/23/2019. Defendant Andrei Tyurin (4) present with counsel, Florian Miedel. For the Gov't Eun Young Choi, AUSA and SA Michael DeNicola present. Russian Interpreter Isabelle Avrutin present. Court Reporter Alena Lynch present. ARRAIGNMENT/IPTC held. Defendant sworn. Defendant waived reading of the Indictment and entered a plea of guilty as to each of Counts One (1) and Five (5) of the Indictment. PSI ordered. Sentencing is scheduled for 2/13/2020 at 2:30pm. Defendant continued remanded. (Sentencing set for 2/13/2020 at 02:30 PM before Judge Laura Taylor Swain) (Court Reporter Alena Lynch) (ap) (Entered: 10/02/2019)
9/23/2019Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Appearance as to Andrei Tyurin held on 9/23/2019. Defendant Andrei Tyurin (4) present with counsel, Florian Miedel. For the Govtt Eun Young Choi, AUSA and SA Michael DeNicola present. Russian Interpreter Isabelle Avrutin present. (Court Reporter Alena Lynch) (ap) (Entered: 10/02/2019)
9/23/2019CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Andrei Tyurin. (Signed by Judge Laura Taylor Swain on 9/23/2019) (See ORDER as set forth) (Three (3) certified copies of this ORDER have been forwarded to AUSA Alexander J. Wilson via interoffice mail) (Signed by Judge Laura Taylor Swain on 9/23/2019) (lnl) (Entered: 09/24/2019)
9/19/2019NOTICE OF CASE REASSIGNMENT as to Andrei Tyurin, to Judge Judge Laura Taylor Swain. Judge Judge Alison J. Nathan no longer assigned to the case. (wb) (Entered: 09/19/2019)
9/16/2019
  • Order
ORDER as to Andrei Tyurin: ORDERED that this case should be transferred to the Honorable Laura Taylor Swain. (Signed by Judge Alison J. Nathan on 9/16/2019) (See ORDER set forth) (ap) (Entered: 09/16/2019)
9/13/2019CONSENT LETTER MOTION addressed to Judge Alison J. Nathan from AUSA Eun Young Choi dated September 13, 2019 re: Consented to Request to Transfer Related Case ., MOTION to Transfer Case to Judge Swain. Document filed by USA as to Andrei Tyurin. (Choi, Eun Young) (Entered: 09/13/2019)
9/11/2019Case Designated ECF as to Andrei Tyurin. (jm) (Entered: 09/12/2019)
9/11/2019RULE 20 DOCUMENTS RECEIVED as to Andrei Tyurin transferred from the United States District Court - Atlanta District of ND GA, Case Number: 1:15cr393 TWT. The following documents were received: copy of the superseding indictment/information & copy of the docket sheet. (jm) (Entered: 09/12/2019)
9/11/2019CONSENT TO TRANSFER JURISDICTION (Rule 20) from the United States District Court - Atlanta District of ND GA; by Andrei Tyurin (1) count(s) 1, 2-4, 5, 6-7, 8-10. (jm) (Entered: 09/12/2019)