USA v. HANDLER
1:23-cr-00004 | New York Southern District Court
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| Defendants sentencing submission shall be filed by April 3, 2025. | Source Add |
4 Days
| the Court's earliest availability to hold a sentencing hearing after April 7, 2025 is in early May. | Source Add |
7 Days
| The Governments sentencing submission shall b e filed by April 10, 2025. | Source Add |
3 Weeks
| (Sentencing set for 4/24/2025 at 11:15 AM in Courtroom 12B, 500 Pearl Street ORDER as to Harold Schwartz: Defendant's sentencing hearing will be held on April 24, 2025 at 11:15 a.m. in Courtroom 12B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street | Source Add |
4 Weeks
| The Court will hold open May 1, 2025 at 11:45 a.m. for Defendant Rangott's sentencing. | Source Add |
10 Weeks
| The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 6/17/2025. | Source Add |
Filing Date | # | Docket Text |
---|---|---|
4/2/2025 | 595 | Letter Motion |
4/1/2025 | Appeal Record Sent to USCA - Electronic File, Transmission of Notice of Appeal and Docket Sheet to USCA | |
4/1/2025 | 594 | Notice of Appeal - Final Judgment |
3/31/2025 | 593 | Notice of Filing Transcript |
3/31/2025 | 592 | Transcript |
3/31/2025 | Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document | |
3/27/2025 | 590 | Memo Endorsed granting 589 LETTER MOTION Request for an order permitting the parties to file unredacted versions of prior filings under seal as to Arie Rangott (6)... Endorsement: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 589. So Ordered. (Signed by Judge Jennifer H. Rearden on 3/27/25) (jbo) |
3/27/2025 | 589 | Letter Motion |
3/20/2025 | ~Util - Set/Reset Hearings, Fatico Hearing, Curcio Hearing | |
3/19/2025 | 588 | JUDGMENT IN A CRIMINAL CASE as to Arie Rangott (6). The defendant was found guilty on counts Counts One, Two, and Three of the S8 Indictment after a plea of not guilty. All open counts are dismissed on the motion of the United States. IMPRISONM ENT: Twenty-seven (27) months. The Court recommends that the Defendant be designated to FCI Otisville Prison Camp. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 6/17/2025. SUPERVISED RELEASE: Two (2) years. ASSESSMENT: $300.00 due immediately. (Signed by Judge Jennifer H. Rearden on 3/19/2025)(lnl) |
3/19/2025 | Sentencing | |
3/17/2025 | 587 | Letter - Sentencing |
3/14/2025 | 586 | Letter |
3/13/2025 | 583 | Sentencing Submission |
3/13/2025 | 585 | Endorsed Letter |
3/13/2025 | 584 | Letter Motion |
3/13/2025 | Order | |
3/12/2025 | 580 | Letter |
3/12/2025 | 579 | Notice of Attorney Appearance - Defendant |
3/12/2025 | 577 | Letter |
3/12/2025 | 576 | Letter |
3/12/2025 | 575 | Sentencing Submission |
3/12/2025 | Order | |
3/5/2025 | 573 | Letter |
3/5/2025 | 572 | ~Util - Set/Reset Hearings, Memo Endorsement |
3/5/2025 | 571 | Letter |
2/28/2025 | 570 | MEMO ENDORSEMENT as to Arie Rangott (6) on 569 LETTER MOTION addressed to Judge Jennifer H. Rearden from William J. Harrington dated February 28, 2025 re: request to adjourn sentencing until April 8, 9 or 10. ENDORSEMENT: Due to previous ly scheduled proceedings in other criminal cases, the Court's earliest availability to hold a sentencing hearing after April 7, 2025 is in early May. The Court will hold open May 1, 2025 at 11:45 a.m. for Defendant Rangott's sentencing. By March 5, 2025, Defendant shall file a letter informing the Court of the parties' availability on that date. The Clerk of Court is directed to terminate ECF No. 569. (Signed by Judge Jennifer H. Rearden on 2/28/2025) (ap) |
2/28/2025 | 569 | Letter Motion |
2/18/2025 | 568 | Satisfaction of Judgment |
2/18/2025 | 567 | ORDER as to Menachem Lieberman. By March 5, 2025, in connection with the Fatico hearing scheduled for March 13, 2025, see ECF No. 566, the parties shall file any written submissions; an exhibit list; and a witness list reflecting modifications, if any, to the anticipated witnesses identified in the parties' January 17, 2025 letter, see ECF No. 564. (Signed by Judge Jennifer H. Rearden on 2/17/25)(jw) |
1/21/2025 | 566 | ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter |
1/20/2025 | 565 | Letter |
1/18/2025 | 564 | Letter |
1/15/2025 | 563 | MEMO ENDORSEMENT as to Menachem Lieberman (2) granting 562 JOINT LETTER MOTION addressed to Judge Jennifer H. Rearden from Daniel L. Stein dated January 14, 2025 re: Requesting Fatico Hearing. ENDORSEMENT: Application GRANTED. The sentenci ng hearing scheduled for January 17, 2025 at 10:00 a.m. is adjourned sine die. By January 17, 2025, the pa1ties shall file a joint letter info1ming the Court of the anticipated length of the Fatico hearing and the witnesses the parties intend to call. The Clerk of Court is directed to te1minate ECF No. 562. (Signed by Judge Jennifer H. Rearden on 1/15/2025) (ap) |
1/14/2025 | 562 | Letter Motion |
1/10/2025 | 560 | MEMO ENDORSEMENT as to Menachem Lieberman (2) granting 557 LETTER MOTION addressed to Judge Jennifer H. Rearden from Daniel H. Wolf dated January 9, 2025 re: Request to File Exhibits with Redactions. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 557. (Signed by Judge Jennifer H. Rearden on 1/10/2025) (ap) |
1/10/2025 | 559 | Letter |
1/10/2025 | 558 | Satisfaction of Judgment |
1/10/2025 | 557 | Letter Motion |
1/10/2025 | 556 | Sentencing Submission |
1/8/2025 | 555 | MEMO ENDORSEMENT as to Arie Rangott (6) granting 554 LETTER MOTION addressed to Judge Jennifer H. Rearden from William J. Harrington dated January 8, 2025 re: Motion for Temporary Modification to Mr. Rangott's Bail Terms. ENDORSEMENT: Application GRANTED. Defendant Arie Rangott's bail conditions are hereby modified to permit his wife to obtain her passport to travel to Canada between January 15, 2025 and January 20, 2025. Mr. Rangott's wife's passport must be surrendered to the Government again by January 27, 2025. The Clerk of Court is directed to terminate ECF No. 554.. (Signed by Judge Jennifer H. Rearden on 1/8/2025) (ap) |
1/8/2025 | 554 | Letter Motion |
1/4/2025 | Order on Letter Motion | |
1/3/2025 | 552 | Letter Motion |
1/3/2025 | 551 | USCA Order - Other |
1/3/2025 | 550 | Notice of Filing Transcript |
1/3/2025 | 549 | Transcript |
12/23/2024 | 548 | FILED JUDGMENT IN A CRIMINAL CASE as to Isidore Handler (4), Count(s) 1, 4 are dismissed on the motion of the US; Pleaded guilty to Count(s) 1s, Imprisonment for a total term of Eighteen Months (18). Supervised release for a term of Two Years. The co urt makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be designated to the satellite camp at FCI Otisville. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2pm on 2/4/2025. Special Assessment of $100 which is due immediately. Restitution of $147,884.00 and Fine of $75,000.00. (Signed by Judge Jennifer H. Rearden on 12/23/24)(jw) |
12/20/2024 | 547 | MEMO ENDORSEMENT as to Menachem Lieberman (2) granting 544 CONSENT LETTER MOTION addressed to Judge Jennifer H. Rearden from AUSA Catherine Ghosh dated Dec. 20, 2024 re: Change of Conference Time. ENDORSEMENT: Application GRANTED. Defendant's sentencing will begin at 10:00 a.m. on January 17, 2025. The Clerk of Court is directed to terminate ECF No. 544. (Signed by Judge Jennifer H. Rearden on 12/20/2024) (ap) |
12/19/2024 | 543 | CONSENT ORDER OF RESTITUTION as to Isidore Handler (Signed by Judge Jennifer H. Rearden on 12/19/24)(jw) |
12/18/2024 | 542 | MEMO ENDORSED granting 540 LETTER MOTION Permission to File An Exhibit Under Seal as to Isidore Handler (4)... ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF. No. 540. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 12/18/24) (jbo) |
12/6/2024 | 539 | OPINION & ORDER as to Martin Handler re: 513 MOTION FOR BAIL PENDING APPEAL filed by Martin Handler. The Court has considered all of the arguments of the parties. To the extent not specifically addressed, the arguments are either moot or without merit. See Aiyer, 500 F. Supp. at 26. Because Defendant Martin Handler has not demonstrated that his appeal raises a substantial question of law or fact that, if successful, would likely result in a reduced sentence to a term of imprisonme nt less than the expected duration of the appeal process, his motion for bail pending appeal is DENIED. Defendant is ordered to surrender to his designated institution no later than January 7, 2025 at 2:00 p.m. The Clerk of Court is directed to terminate ECF No. 513. (Signed by Judge Jennifer H. Rearden on 12/6/2024)(jw) |
12/5/2024 | 538 | MEMO ENDORSEMENT 537 LETTER MOTION as to Menachem Lieberman....ENDORSEMENT...Application GRANTED. Defendant's sentencing submission is due by December 20, 2024. The Government's sentencing submission is due by January 7, 2025. Defendant's sentencing submission shall not exceed 50 pages. The Clerk of Court is directed to terminate ECF No. 537. SO ORDERED (Signed by Judge Jennifer H. Rearden on 12/5/24) (jw) |
11/21/2024 | 534 | ORDER as to Harold Schwartz: Defendant's sentencing hearing will be held on April 24, 2025 at 11:15 a.m. in Courtroom 12B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York 10007. The Probation Department is ORDER ED to prepare the Presentence Report, in accordance with the deadlines set forth in this Districts May 29, 2014 Amended Standing Order. Defendants sentencing submission shall be filed by April 3, 2025. The Governments sentencing submission shall b e filed by April 10, 2025. The Clerk of Court is directed to terminate ECF No. 533. (Sentencing set for 4/24/2025 at 11:15 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden) (Signed by Judge Jennifer H. Rearden on 11/21/2024) (ap) |
11/12/2024 | 530 | MEMO ENDORSEMENT 529 LETTER MOTION as to Martin Handler....ENDORSEMENT...Application GRANTED. Defendant Martin Handler's conditions of release are hereby modified to permit travel to Columbus, Ohio from November 18 to November 19, 2024. All other conditions of release shall remain in effect. The Clerk of Court is directed to terminate ECF No. 529. (Signed by Judge Jennifer H. Rearden on 11/12/2024) (jw) |
11/5/2024 | 524 | MEMO ENDORSEMENT as to Harold Schwartz (3) granting 522 LETTER MOTION addressed to Judge Jennifer H. Rearden from Stephanie Simon dated November 4, 2024 re: Control date for sentencing update. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 522. (Signed by Judge Jennifer H. Rearden on 11/5/2024) (ap) |
10/23/2024 | 517 | MEMO ENDORSEMENT as to Arie Rangott (6) granting 514 LETTER MOTION addressed to Judge Jennifer H. Rearden from William J Harrington dated October 22, 2024 re: 510 Order, re: Letter Indicating No Objection to Adjournment of Final PSR Dat e. ENDORSEMENT: The deadline for the Probation Department to disclose the final presentence report is extended to January 15, 2025. The Clerk of Court is directed to terminate ECF No. 514. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 10/23/2024) (lnl) |
10/21/2024 | 512 | Notice of Filing Transcript |
10/21/2024 | 511 | Transcript |
10/21/2024 | 510 | ORDER as to Arie Rangott: Upon Defendant Arie Rangott's application dated October 14, 2024, the Court adjourned his sentencing hearing from December 10, 2024 to March 18, 2025. ECF Nos. 498, 502. Citing this adjournment, the Probation Depart ment has contacted the Court seeking an extension of the disclosure of the final presentence report. By October 22, 2024 at 12:00 p.m., the parties shall file a letter stating whether they object to extending the final disclosure deadline to January 15, 2025. (Signed by Judge Jennifer H. Rearden on 10/21/2024) (ap) |
10/16/2024 | 506 | ORDER as to Arie Rangott. Defendant Arie Rangott's sentencing hearing will be held on March 18, 2025 at 12:15 p.m. in Courtroom 12B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York 10007. Defendant's sente ncing submission shall be filed by February 25, 2025. The Governments sentencing submission shall be filed by March 4, 2025 ( Sentencing set for 3/18/2025 at 12:15 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 10/16/2024)(jw) |
10/15/2024 | 501 | Memo Endorsed granting 499 LETTER MOTION Temporary Modification of Terms of Supervised Release as to Ben Werczberger (5)... Endorsement: Application GRANTED. Defendant Werczberger's conditions of supervised release are hereby modified to permit travel to New Jersey from October 16 to October 20, 2024. All other conditions to supervised release shall remain in effect. So Ordered. (Signed by Judge Jennifer H. Rearden on 10/15/24) (jbo) |
10/7/2024 | 490 | JUDGMENT IN A CRIMINAL CASE as to Martin Handler (1). The defendant pleaded guilty to Counts Three, Five, and Seven of the S2 Indictment; Count One of the S5 Information. All open counts are dismissed on the motion of the United States. I MPRISONMENT: Fifty-eight (58) months on each count to run concurrently. The Court recommends that the Defendant be designated to FPC Montgomery. The Court also recommends that the Defendant participate in the Residential Drug Abuse Program during his term of incarceration. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: before 2 p.m. on 1/7/2025. SUPERVISED RELEASE: Three (3) years on each count to run concurrently. ASSESS MENT: $400.00 due immediately. RESTITUTION: $1,896,068.10, FINE: $200,000.00. The Defendant shall forfeit to the United States a sum of money equal to $1,156,068.10 in United States currency, representing proceeds traceable to the commission of the offenses charged in Counts Five and Seven of the S2 Superseding Indictment, in accordance with the Consent Preliminary Order of Forfeiture. See ECF No. 235. (Signed by Judge Jennifer H. Rearden on 10/7/2024) (lnl) |
10/7/2024 | 489 | ORDER OF RESTITUTION as to Martin Handler. (Signed by Judge Jennifer H. Rearden on 10/7/2024) (ap) |
9/23/2024 | 477 | ORDER as to (23-Cr-004-1) Martin Handler. On September 12, 2024, the Court directed the Government and interested party New York City Learning Company, Inc. ("NYCELC") to respond to several questions regarding NYCELC's application for restitution. See ECF No. 470. The Government's submission expressly identifies or otherwise references certain materials that have not been made available to the Court. See ECF No. 474. By September 25, 2024, the Government shall produce the fo llowing: 1. the "documents obtained from [Defendant Martin] Handler's computer and email accounts," id. at 3, including: a. the February 2022 email from an NYCELC accountant to M. Handler and the "related spreadsheet," id.; a nd b. the November 2022 and December 2022 "profit and loss analys[e]s for NYCELC's EHS-CCP business segment," id. 2. the documents pertaining to the "non-exhaustive list of individuals" who purportedly "played a role in Handler's misapplying funds,"(See Footnote 1 on this Order) id. at 6, including: a. the February 8, 2021 email from M. Handler to NYCELC's Controller, id.; b. the March 12, 2021 email from NYCELC's Accounts Payable Clerk to NYCE LC's Controller, id.; c.the April 2022 communications from NYCELC's Chief Financial Officer to M. Handler's accountant, id.; and d.the communications involving NYCELC's Director of Operations and a vendor regarding an alleged "cash payment," id. at 7. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/23/2024) (bw) |
9/20/2024 | 475 | Letter Motion |
9/19/2024 | 474 | Letter, Letter, Letter, Letter, Letter, Letter, Letter |
9/17/2024 | 473 | Letter |
9/16/2024 | 472 | Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion), Response (non-motion) |
9/12/2024 | 471 | Amended Judgment |
9/12/2024 | 470 | ORDER as to Martin Handler: Before the Court is the application of interested party New York City Early Learning Company, Inc. ("NYCELC") for restitution under the Mandatory Victims Restitution Act ("MVRA"), 18 U.S.C. § 36 63A. In connection with that application, the Court directed the Government to, inter alia, "clarify its position as to whether the U.S. Department of Health and Human Services ('HHS') is entitled to restitution pursuant to Section 3663A(a) (1) as a 'victim' or Section 3663A(a)(3) as a 'person[] other than the victim.'" ECF No. 446 at 1 (citations omitted). Upon review of the Government's submission (ECF No. 458) and NYCELC's response there to (ECF No. 462), the Court has determined that additional information is needed. By September 18, 2024, the Government shall file a supplemental submission clarifying its position with respect to the following: 1. In evaluating the propriety of r estitution awarded under § 3663A(a)(3), what showing, if any, must the Government make with respect to (a) the non-victim's entitlement to restitution, including the extent to which the non-victim allegedly was harmed, and (b) the amount of restitution to be awarded to the non-victim? To the extent M. Handler wishes to produce any information or otherwise respond to this Order in whole or in part, he may do so. (Signed by Judge Jennifer H. Rearden on 9/12/2024) (See ORDER set forth) (ap) |
9/12/2024 | 469 | MEMO ENDORSEMENT as to Ben Werczberger (5) on 468 LETTER MOTION addressed to Judge Jennifer H. Rearden from Henry E. Mazurek, Esq. dated September 12, 2024 re: Correct the Judgment. ENDORSEMENT: An Amended Judgment reflecting the requested modifications will issue. The Clerk of Court is directed to terminate ECF No. 468. (Signed by Judge Jennifer H. Rearden on 9/12/2024) (ap) |
9/12/2024 | 468 | Letter Motion |
9/11/2024 | Sentencing | |
9/11/2024 | 467 | JUDGMENT IN A CRIMINAL CASE as to Ben Werczberger (5). THE DEFENDANT: pleaded guilty to count Count One of the S7 Information. Counts All open are dismissed on the motion of the United States. IMPRISONMENT: Time served, with six (6) months' ; home detention as a special condition of supervised release. SUPERVISED RELEASE: Two (2) years. Three (3) months of supervised release shall be subject to a condition of home detention at the direction of the United States Probation Office. See S PECIAL CONDITIONS OF SUPERVISION. ASSESSMENT: $100.00 due immediately. FINE: $20,000.00. RESTITUTION: #177,075.00. The defendant must make restitution (including community restitution) to the following payees in the amount listed below. Name of Payee: Program Support Center, Financial Management Portfolio, U.S. Department of Health and Human Services 5600 Fishers Lane,Mailstop 08NI08A, Rockville, MD 20857. (Signed by Judge Jennifer H. Rearden on 9/11/2024) (ap) |
9/10/2024 | 465 | CONSENT ORDER OF RESTITUTION as to Ben Werczberger. (Signed by Judge Jennifer H. Rearden on 9/10/2024) (ap) |
9/6/2024 | 464 | Memo Endorsement |
9/6/2024 | 463 | Order on Motion to Modify Conditions of Release |
9/6/2024 | 462 | Response (non-motion) |
9/5/2024 | 461 | Modify Conditions of Release |
9/5/2024 | 460 | Letter |
9/4/2024 | 459 | Sentencing Submission |
8/31/2024 | 458 | Letter, Letter, Letter, Letter, Letter, Letter, Letter |
8/28/2024 | 457 | ORDER as to Martin Handler: The sentencing proceeding for Defendant Martin Handler shall take place on October 2, 2024 at 11:30 a.m. in Courtroom 12B, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. (Sentencing set for 10/1/2024 at 11:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden) (Signed by Judge Jennifer H. Rearden on 8/28/2024) (ap) |
8/28/2024 | 456 | Sentencing Submission |
8/21/2024 | 455 | MEMO ENDORSEMENT 454 LETTER MOTION as to Martin Handler....ENDORSEMENT...Application GRANTED. The Clerk of Court is directed to terminate ECF No. 454. SO ORDERED (Signed by Judge Jennifer H. Rearden on 8/21/2024) (jw) |
8/21/2024 | 454 | Letter Motion |
8/20/2024 | 453 | MEMO ENDORSEMENT 452 LETTER MOTION as to Arie Rangott....ENDORSEMENT...Application GRANTED. The Clerk of Court is directed to terminate ECF No. 452 (Signed by Judge Jennifer H. Rearden on 8/20/2024) (jw) |
8/20/2024 | 452 | Letter Motion |
8/20/2024 | 451 | Letter |
8/20/2024 | 450 | Memo Endorsed granting 449 LETTER MOTION Adjournment of Lieberman PSR Disclosures as to Menachem Lieberman (2)... Endorsement: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 449. So Ordered. (Signed by Judge Jennifer H. Rearden on 8/20/24) (jbo) |
8/19/2024 | 449 | Letter Motion |
8/19/2024 | 448 | ~Util - Set/Reset Deadlines/Hearings, Memo Endorsement |
8/16/2024 | 447 | Letter |
8/14/2024 | 446 | ORDER as to (23-Cr-004-1) Martin Handler. In connection with the application of New York City Early Learning Company, Inc. ("NYCELC") to be deemed "the victim of the offense" pursuant to 18 U.S.C. § 3663A and to obtain rest itution in this matter, the Court hereby ORDERS as follows: - By August 23, 2024, the Government shall clarify its position as to whether the U.S. Department of Health and Human Services ("HHS") is entitled to restitution pursuant to Sect ion 3663A(a)(1) as a "victim" or Section 3663A(a)(3) as a "person[] other than the victim." Compare, e.g., ECF No. 382 at 5 ("The parties' agreement for Handler to pay restitution to HHS is enforceable under 18 U.S.C. & #167; 3663A(a)(3)") with ECF No. 366 at 4:1-2 ("[T]he victim of this crime is the Department of Health and Human Services") and ECF No. 382 at 6 (noting the parties' agreement that "the victim---HHS---... should receive resti tution"). - The Government shall also provide exhibits or other appropriate support for its assertion that "NYCELC---an entity that [Mr. Handler] controlled---was a coconspirator in [Mr. Handler's] offenses" and therefore is not a "victim" under 18 U.S.C. § 3663A. See ECF No. 307 at 5-6. SO ORDERED. ( Responses due by 8/23/2024 )(Signed by Judge Jennifer H. Rearden on 8/14/2024) (bw) |
8/13/2024 | 445 | Notice of Filing Transcript |
8/13/2024 | 444 | Transcript |
8/13/2024 | 443 | Notice of Filing Transcript |
8/13/2024 | 442 | Transcript |
8/13/2024 | 441 | Notice of Filing Transcript |
8/13/2024 | 439 | Transcript |
8/13/2024 | 438 | Notice of Filing Transcript |
8/13/2024 | 437 | Transcript |
8/13/2024 | 436 | Notice of Filing Transcript |
8/13/2024 | 435 | Transcript |
8/13/2024 | 434 | Notice of Filing Transcript |
8/13/2024 | 433 | Transcript |
8/13/2024 | 432 | Notice of Filing Transcript |
8/13/2024 | 431 | Transcript |
8/13/2024 | 430 | Notice of Filing Transcript |
8/13/2024 | 429 | Transcript |
8/13/2024 | 428 | Notice of Filing Transcript |
8/13/2024 | 427 | Transcript |
8/13/2024 | 426 | Notice of Filing Transcript |
8/13/2024 | 425 | Transcript |
8/13/2024 | 424 | Notice of Filing Transcript |
8/13/2024 | 423 | Transcript |
8/13/2024 | 440 | ORDER as to (23-Cr-004-1) Martin Handler. By August 20, 2024, the parties shall inform the Court whether the sentencing proceeding for Defendant Martin Handler may take place on September 19, 2024 at 11:30 a.m. SO ORDERED. ( Responses due by 8/20/2024 )(Signed by Judge Jennifer H. Rearden on 8/13/2024) (bw) |
8/6/2024 | 418 | ORDER as to Arie Rangott. Attached to this Order are the following Court Exhibits. (Signed by Judge Jennifer H. Rearden on 8/6/2024)(jw) |
7/29/2024 | 403 | MEMORANDUM OPINION & ORDER as to Arie Rangott. Provided that those limitations are carefully adhered to, the Court will permit hypotheticals of the kind contemplated by the Government, including: If you had known that this meeting did not occur, would that have been relevant to you?Why would it have been relevant to you? In connection with the December 2021 letter, if you had known that Menachem Liebermanhad in fact paid to control half of PSCHS in 2019, would that have been relevant to your understanding in the steps you took in reviewing the letter? To the extent that a question does not adhere to the aforementioned limitations, the Court will preclude further testimony on that question and any related questioning, and as nece ssary, will issue a curative instruction. The Court will also consider a limiting instruction from Rangott, should one be requested. See, e.g., United States v. Kurland, No. 20 Cr. 306 (NGG), 2022 WL 2669897, at *9 (E.D.N.Y. July 11, 2022). (Signed by Judge Jennifer H. Rearden on 7/24/2024) (See ORDER set forth) (ap) |
7/26/2024 | 402 | MEMORANDUM OPINION & ORDER as to (23-Cr-004-06) Arie Rangott. This Memorandum Opinion and Order was read into the record on July 24, 2024. *** Defendant Arie Rangott is on trial in connection with his alleged participation in several conspiracies to obstruct the functions of the U.S. Department of Health and Human Services ("HHS"). Count One charges Rangott with conspiring, from at least in or about 2019 through in or about January 2023, to defraud the United States by obstructing the function of HHS to administer the federal Head Start program, in violation of 18 U.S.C. § 371. Count Two charges Rangott with conspiring, in or about December 2021, to submit a letter to HHS that falsely denied allegations of wrongdoing by Ran gott and others concerning the operation of a Head Start program at Project Social Care Head Start, Inc. ("PSCHS"), in violation of 18 U.S.C. § 371. Count Three charges Rangott with conspiring, from in or about August 2022 through in o r about September 2022, to obstruct an investigation by the Office of the Inspector General of HHS ("HHS OIG") concerning whistleblower retaliation at PSCHS, in violation of 18 U.S.C. § 371. The Government intends to question Tanesha P eralta, a program specialist from HHS's Office of Head Start. In that capacity, Peralta was charged with reviewing PSCHS's grant applications and addressing "anonymous complaints [submitted to the Office of Head Start] in December 202 1 about, among other topics, less-than-arm's length dealings between [PSCHS] and Menachem Lieberman." ECF No. 392 at 1; ECF No. 393 at 1. The Government represents that Peralta's "anticipated testimony [] will include simple back ground facts... about the Head Start program and how misrepresentations made as part of the charged conspiracies affected her ability to carry out her duties as an employee of the Office of Head Start." ECF No. 392 at 1. Rangott contends that Pe ralta's anticipated testimony will opine on "the meaning of the law and its applicability to facts to be decided by the jury," which "improperly invades the province of both the judge and the jury." ECF No. 391 at 1. The Gove rnment disputes Rangott's characterization of Peralta's testimony and the topics on which she may be questioned. ECF No. 393....[*** See this Memorandum Opinion & Order ***]... To the extent that a question does not adhere to the aforementi oned limitations, the Court will preclude further testimony on that question and any related questioning, and as necessary, will issue a curative instruction. The Court will also consider a limiting instruction from Rangott, should one be requested. See, e.g., United States v. Kurland, No. 20 Cr. 306 (NGG), 2022 WL 2669897, at *9 (E.D.N.Y. July 11, 2022). SO ORDERED. (Signed by Judge Jennifer H. Rearden on 7/24/2024) (bw) |
7/22/2024 | 390 | MEMO ENDORSEMENT 384 LETTER MOTION as to Arie Rangott....ENDORSEMENT...Application GRANTED. The Clerk of Court is directed to terminate ECF No. 384 (Signed by Judge Jennifer H. Rearden on 7/22/24) (jw) |
7/22/2024 | 389 | MEMORANDUM OPINION & ORDER as to Arie Rangott. On May 29, 2024, the Government filed a three-count superseding indictment against Defendant Arie Rangott. ECF No. 291. Count One charges Rangott with conspiring, from at least in or about 2019 thro ugh in or about January 2023, to defraud the United States by obstructing the function of the U.S. Department of Health and Human Services (HHS) to administer the federal Head Start program, in violation of 18 U.S.C. § 371. For the foregoing reasons, Rangott's motion in limine is granted. (Signed by Judge Jennifer H. Rearden on 7/22/24)(jw) |
7/19/2024 | 386 | MEMORANDUM OPINION & ORDER as to Arie Rangott. The Government's motion to preclude argument and evidence concerning the presence or involvement of lawyers is granted. (Signed by Judge Jennifer H. Rearden on 7/19/2024) (See ORDER set forth) (ap) |
7/12/2024 | Pretrial Conference, ~Util - Plea Entered, Curcio Hearing, Arraignment | |
7/10/2024 | 379 | Notice of Attorney Appearance - Defendant |
7/10/2024 | Pretrial Conference | |
7/9/2024 | Order on Motion in Limine | |
7/9/2024 | 378 | Response in Opposition to Motion |
7/9/2024 | 377 | In Limine |
7/8/2024 | 376 | ~Util - Terminate Motions, ~Util - Set/Reset Deadlines/Hearings, Memo Endorsement |
7/8/2024 | 375 | Satisfaction of Judgment |
7/7/2024 | 374 | Letter Motion |
7/2/2024 | 373 | ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter |
7/2/2024 | 372 | Response to Motion |
7/2/2024 | 371 | Letter Motion |
7/2/2024 | 370 | Letter, Letter, Letter, Letter, Letter, Letter, Letter |
7/1/2024 | 369 | Letter |
7/1/2024 | 367 | Notice of Filing Transcript |
7/1/2024 | 366 | Transcript |
6/29/2024 | Order, Order on Letter Motion | |
6/29/2024 | 363 | Letter Motion |
6/28/2024 | 362 | Letter |
6/28/2024 | 361 | Notice of Filing Transcript |
6/28/2024 | 360 | Transcript |
6/27/2024 | 359 | Letter |
6/26/2024 | 358 | ORDER as to Isidore Handler (4) granting 356 LETTER MOTION addressed to Judge Jennifer H. Rearden from Daniel H. Wolf dated June 25, 2024 re: Schwartz PSR and Sentencing. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 356. (Signed by Judge Jennifer H. Rearden on 6/26/2024) (ap) |
6/26/2024 | 357 | Memo Endorsement, Memo Endorsement, Memo Endorsement, Memo Endorsement, Memo Endorsement, Memo Endorsement, Memo Endorsement |
6/25/2024 | 356 | Letter Motion |
6/25/2024 | 355 | MEMO ENDORSEMENT as to Ben Werczberger (5) granting 351 CONSENT LETTER MOTION addressed to Judge Jennifer H. Rearden from Ilana Haramati, Esq. dated June 25, 2024 re: Travel Request. ENDORSEMENT: Application GRANTED. Defendant Werczberger's bail conditions are modified to include travel to the District of Maryland for purposes of visiting his brother-in-law. The Clerk of Court is directed to terminate ECF No. 351. (Signed by Judge Jennifer H. Rearden on 6/25/2024) (ap) |
6/25/2024 | 354 | Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other) |
6/25/2024 | 353 | MEMO ENDORSEMENT as to Martin Handler (1) granting 349 LETTER MOTION addressed to Judge Jennifer H. Rearden from Daniel H. Wolf dated June 24, 2024 re: Leave to File Redacted Documents. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 349. (Signed by Judge Jennifer H. Rearden on 6/25/2024) (ap) |
6/25/2024 | 352 | MEMO ENDORSEMENT 350 CONSENT LETTER MOTION addressed to Judge Jennifer H. Rearden from USA dated June 25, 2024 re: Scheduling Arraignment and Curcio Hearing as to Arie Rangott...ENDORSEMENT...Application GRANTED.The Clerk of Court is directed toterminate ECF No. 350 (Signed by Judge Jennifer H. Rearden on 6/25/24) (jw) |
6/25/2024 | 351 | Letter Motion |
6/25/2024 | 350 | Letter Motion |
6/25/2024 | 349 | Letter Motion |
6/25/2024 | 348 | Sentencing Submission |
6/24/2024 | 347 | ORDER as to Arie Rangott. The final pretrial conference scheduled for June 27, 2024 is hereby adjourned to July 2, 2024 at 2:30 pm (Pretrial Conference set for 7/2/2024 at 02:30 PM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 6/24/24)(jw) |
6/24/2024 | 346 | ORDER as to Martin Handler, Isidore Handler: Before the Court is the application of interested party New York City Early Learning Company, Inc. ("NYCELC") seeking restitution pursuant to the Mandatory Victims Restitution Act, 18 U.S.C. § 3663A. The application, brought more than two months after M. Handler's plea hearing where the payment of restitution was expressly addressed, is now fully briefed. See ECF Nos. 290, 307, 309, 317, 320, 342, 343. The Court has determine d that NYCELC's application raises material factual questions that necessitate an evidentiary hearing. Those factual issues bear not only on the identity of the victim(s) and the amount of restitution, but also potentially on other aspects of M. Handler's sentence. Accordingly, the Court will hold the hearing prior to sentencing M. Handler. In view of the foregoing, M. Handler's sentencing and, concomitantly, I. Handler's sentencing (see ECF No. 329), are hereby adjourne d sine die pending completion of the evidentiary hearing. On June 26, 2024 at 11:30 a.m., NYCELC, M. Handler, and the Government shall appear for a conference regarding scheduling and other logistical matters relating to the hearing. The conferenc e will take place in Courtroom 12B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. Any other Defendants in 23 Cr. 004 who wish to attend may do so. (Status Conference set for 6/26/2024 at 11:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden) (Signed by Judge Jennifer H. Rearden on 6/24/2024) (See ORDER set forth) (ap) |
6/22/2024 | 345 | Letter |
6/22/2024 | 344 | Reply Memorandum of Law in Support of Motion |
6/22/2024 | 343 | Notice (Other) |
6/21/2024 | 340 | Reply Memorandum of Law in Support of Motion |
6/21/2024 | 339 | Letter Motion |
6/21/2024 | 341 | MEMO ENDORSEMENT 339 LETTER MOTION addressed to Judge Jennifer H. Rearden from Daniel L. Stein dated June 21, 2024 re: Request to Adjourn July 9, 2024 Sentencing Hearing as to Menachem Lieberman...ENDORSEMENT... In accordance w ith the District's May 29, 2014 Amended Standing Order governing the time tablefor completing presentence reports, Probation's initial disclosure was to be made by May 15, 2024. Probation has not contacted the Court to seek an ext ension of that deadline or explain why it has not issued the initial disclosure. While the Court is not unsympathetic to the challenges faced by Probation in processing the volume of information that [it] has received from the defense," this is not the first time that Probation has failed, without timely notice to the Court or the parties, to properly make its initial disclosure in 23 Cr. 004. Such lapses have required adjourning the parties sentencing submission deadlin es and, in turn, long-scheduled sentencing dates set by the Court. Probation shall contact Chambers forthwith to discuss the anticipated timing of its initial and final disclosures of the presentence report. Upon receipt of that information, t he Court will promptly issue an Order setting (1) the dates by which Probation must absent leave of Court make its disclosures, (2) a rescheduled date for the sentencing hearing, and (3) new deadlines for the parties' submissions. In the interim, Defendants sentencing proceeding and the parties' submission deadlines are adjourned sine die. The Clerk of Court is directed to terminate ECF No. 339. (Signed by Judge Jennifer H. Rearden on 6/21/24) (jw) (Main Document 341 replaced on 6/22/2024) (lnl). Modified on 6/22/2024 (lnl). |
6/21/2024 | 342 | MEMO ENDORSEMENT 323 LETTER MOTION addressed to Judge Jennifer H. Rearden from Eric Rosen dated June 14, 2024 re: 317 Response, 322 Notice (Other), re: Leave to File Redacted Exhibits A and B as to Martin Handler....ENDORSEMENT ...Application DENIED without prejudice to renewal. As the Court previously held, "Exhibits A through F... are 'judicial documents,'and a presumption of public access applies. ECF No. 320 at 3 (citing Lugosch v. Pyramid Co. of Onodag a, 435 F.3d 110, 124 (2d Cir. 2006)). Some of the information NYCELC proposes to redact in Exhibits A and B, see, e.g., Ex. A at 6-7; Ex. B at 6, 17, is "already publicly available" on the docket in this case. See United States v. Paduch, No. 23 Crim. 181 (RA), 2024 WL 167198, at *2 (S.D.N.Y. Jan. 16, 2024) (denying sealing request where the information in question [wa]s in the public domain); see id. (once [t]he genie is out of the bottle, courts do not [have] the means to put the genie back. (quoting Gambale v. Deutsche Bank AG, 377F.3d 133, 144 (2d Cir. 2004)) (modification in original).With respect to Exhibits C, E, and F, see n.1, NYCELC has failed to provide Chambers with copies highlighting the information redacted in t he ECF filing[s]. Indiv. R. & Pracs. in Crim. Cases 10.C.iii. By no later than June 24, 2024, NYCELC must (1) either file unsealed versions of Exhibits A and B on the docket or propose more narrowly tailored redactions, and (2) email copies of Exhibits C, E, and F highlighting the proposed redactions to Chambers.The Clerk of Court is directed to terminate ECF No. 323 (Signed by Judge Jennifer H. Rearden on 6/21/24) (jw) |
6/20/2024 | 338 | ORDER as to Arie Rangott: Having reviewed Defendant's Motion to Suppress, and the parties' letters dated May 31, June 7, and June 20, 2024, the Court hereby denies the motion as moot. The Clerk of Court is directed to terminate the motion pending at ECF No. 258. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 6/20/2024) (lnl) |
6/20/2024 | 337 | Letter |
6/19/2024 | Order | |
6/18/2024 | 334 | Letter Motion |
6/18/2024 | 333 | Memorandum in Opposition to Motion |
6/18/2024 | 335 | MEMO ENDORSEMENT as to Ben Werczberger (5) denying 334 EMERGENCY LETTER MOTION addressed to Judge Jennifer H. Rearden from Ilana Haramati, Esq. dated June 18, 2024 re: Emergency Travel Request. ENDORSEMENT: Application DENIED. The Clerk of Court is directed to terminate ECF No. 334. (Signed by Judge Jennifer H. Rearden on 6/18/2024) (ap) |
6/17/2024 | Order on Letter Motion | |
6/17/2024 | 331 | Memo Endorsement |
6/17/2024 | 330 | Letter |
6/16/2024 | 329 | ORDER as to Martin Handler, Isidore Handler: Having carefully reviewed the submissions filed by Defendant Martin Handler, Defendant Isidore Handler, the Government, and Probation (ECF Nos. 211, 212, 215, 216, 221, 226, 256, 257, 274, 281, 287, 28 8, 304, 306, 308, 314, 316), the Court hereby ORDERS that I. Handler's sentencing shall follow M. Handler's sentencing. I.Handler's sentencing is adjourned to July 1, 2024 at 2:00 p.m. in Courtroom 12B ofthe Daniel Patrick Moynihan U nited States Courthouse, 500 Pearl Street, New York, New York 10007. (Sentencing set for 7/1/2024 at 02:00 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden) (Signed by Judge Jennifer H. Rearden on 6/16/2024) (ap) |
6/17/2024 | 328 | Letter Motion |
6/17/2024 | 327 | Letter Motion |
6/17/2024 | 326 | Sentencing Submission |
6/16/2024 | Order on Letter Motion | |
6/16/2024 | 324 | Letter Motion |
6/14/2024 | 323 | Letter Motion |
6/14/2024 | 322 | Notice (Other) |
6/14/2024 | 321 | Response in Opposition to Motion |
6/14/2024 | 320 | ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter |
6/11/2024 | 318 | Letter Motion |
6/11/2024 | 317 | Response (non-motion) |
6/8/2024 | 315 | MEMO ENDORSEMENT 308 LETTER MOTION addressed to Judge Jennifer H. Rearden from Mark D. Harris dated June 6, 2024 re: Extension of Time to File Sentencing Memorandum as to Martin Handler...ENDORSEMENT...The parties sentencing submissi on deadlines re adjourned as follows: Defendant's submission shall be filed by June 14, 2024. The Government's submission shall be filed by June 21, 2024. The Clerk of Court is directed to terminate ECF No. 308 (Signed by Judge Jennifer H. Rearden on 6/8/24) (jw) |
6/7/2024 | 314 | Response in Opposition to Motion |
6/7/2024 | 313 | Letter |
6/7/2024 | 311 | ~Util - Set/Reset Deadlines, Memo Endorsement |
6/7/2024 | 312 | ORDER as to Arie Rangott: IT IS HEREBY ORDERED that, for the reasons stated in the Government's letter dated June 7, 2024 (Dkt. 310), today's Criminal Justice Act duty attorney Jeffrey G. Pittell, ("Curcio Counsel") is hereby temporarily appointed to represent defendant Arie Rangott for the limited purpose of serving as independent conflict counsel to advise the defendant about the potential issues identified in the Government's letter. Curcio Counsel is directed to confer with the Government and current defense counsel about the matters at issue, to consult with the defendant as necessary, and to appear at the final pretrial conference in this case for the purpose of permitting the Court to conduct a colloquy pursuant to United States v. Curcio, 680 F.2d 881 (2d Cir. 1982). Added attorney Jeffrey G. Pittell for Arie Rangott. (Signed by Judge Jennifer H. Rearden on 6/7/2024)(ap) |
6/7/2024 | 310 | Letter Motion |
6/6/2024 | 309 | Endorsed Letter |
6/6/2024 | 308 | Letter Motion |
6/5/2024 | 307 | Letter |
6/4/2024 | 306 | Letter - Sentencing |
6/3/2024 | 305 | ~Util - Set/Reset Deadlines, Memo Endorsement |
6/3/2024 | 304 | Letter |
6/1/2024 | 303 | Proposed Examination of Jurors |
6/1/2024 | 302 | In Limine |
6/1/2024 | 301 | Request to Charge |
6/1/2024 | 300 | Proposed Examination of Jurors |
5/31/2024 | 299 | Letter, Letter, Letter, Letter, Letter, Letter, Letter |
5/31/2024 | 298 | In Limine |
5/31/2024 | 297 | Letter |
5/31/2024 | 296 | Request to Charge |
5/31/2024 | 295 | Letter |
5/30/2024 | 294 | Letter |
5/30/2024 | 293 | Amended Judgment |
5/30/2024 | 292 | Indictment |
5/30/2024 | 291 | Indictment - Unredacted |
5/29/2024 | 290 | ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter |
5/29/2024 | 289 | ~Util - Set/Reset Deadlines/Hearings, Endorsed Letter |
5/28/2024 | 288 | Letter |
5/23/2024 | 287 | Sentencing Submission |
5/22/2024 | 286 | Notice of Filing Transcript |
5/22/2024 | 285 | Transcript |
5/22/2024 | 284 | Notice of Filing Transcript |
5/22/2024 | 283 | Transcript |
5/8/2024 | 279 | MEMO ENDORSEMENT as to Arie Rangott (6) granting 276 CONSENT LETTER MOTION addressed to Judge Jennifer H. Rearden from USA dated May 8, 2024 re: Request for adjustment of pretrial filing deadlines. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 276. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/8/2024) (lnl) |
5/8/2024 | 278 | MEMO ENDORSEMENT as to Isidore Handler (4) granting 275 LETTER MOTION addressed to Judge Jennifer H. Rearden from Daniel H. Wolf dated May 3, 2024 re: Request to File Redacted Exhibits. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 275. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/8/2024) (lnl) |
5/8/2024 | 277 | MEMO ENDORSEMENT as to Martin Handler (1), Menachem Lieberman (2), Harold Schwartz (3), Isidore Handler (4), Ben Werczberger (5), Arie Rangott (6), Charmane Wong (7) granting 271 LETTER MOTION addressed to Judge Jennifer H. Rearden from Daniel H. Wolf dated April 26, 2024 re: Leave to Submit Exhibit Under Seal. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 271. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/8/2024) (lnl) |
4/26/2024 | 269 | MEMO ENDORSEMENT as to Ben Werczberger (5) denying 268 LETTER MOTION re: 268 LETTER MOTION addressed to Judge Jennifer H. Rearden from Ilana Haramati, Esq. dated April 25, 2024 re: Request to Travel. ENDORSEMENT: Application DENIED. The Clerk of Court is directed to terminate ECF No. 268. (Signed by Judge Jennifer H. Rearden on 4/26/2024) (ap) |
4/19/2024 | 265 | JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 4/18/2024. Defendant Charmane Wong (7) pleaded guilty to Count(s) 1 of the S3 Information. IMPRISONMENT: Time served. SUPERVISED RELEASE: One (1) year. Standard Conditions of Supervision (S ee page 4 of Judgment). Special Conditions of Supervision: 1. You must provide the probation officer with access to any requested financial information. 2. You must not incur new credit charges or open additional lines of credit without the approval of the probation officer unless you are in compliance with the installment payment schedule. 3. You must complete 100 hours of community service during your term of supervised release, as approved by your probation officer. 4. You shall be supervise d in the district of your residence. ASSESSMENT: $100.00 RESTITUTION: $48,218.40 FINE: 15,000.00 - Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows: Lump sum payment of $25.00 due immediately. Joint and Several: (See page 7 of Judgment). (Signed by Judge Jennifer H. Rearden on 4/19/2024) (bw) |
4/19/2024 | Sentencing | |
4/19/2024 | 264 | Letter, Letter, Letter, Letter, Letter, Letter, Letter |
4/19/2024 | 263 | CONSENT ORDER OF RESTITUTION as to Charmane Wong. (Signed by Judge Jennifer H. Rearden on 4/18/24)(jw) |
4/17/2024 | 262 | ORDER as to (23-Cr-0004-4) Isidore Handler. Upon defense counsel's application, Defendant Handler's sentencing is adjourned to April 18, 2024 at 10:00 a.m. SO ORDERED. ( Sentencing set for 4/18/2024 at 10:00 AM before Judge Jennifer H. Rearden. )(Signed by Judge Jennifer H. Rearden on 4/17/2024) (bw) |
4/16/2024 | 261 | Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA |
4/15/2024 | 260 | ORDER as to Ben Werczberger. The Court has been informed that Defendant Ben Werczberger may wish to enter a change of plea. Accordingly, on April 18, 2024 at 2:15 p.m., a plea proceeding will take place in Courtroom 12B of the Daniel Patrick Moyn ihan United States Courthouse, 500 Pearl Street, New York, New York 10007 (Change of Plea Hearing set for 4/18/2024 at 02:15 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 4/13/24)(jw) |
4/9/2024 | 254 | MEMO ENDORSEMENT as to Ben Werczberger (5) denying 251 LETTER MOTION addressed to Judge Jennifer H. Rearden from Ilana Haramati, Esq. dated April 5, 2024 re: Request to Adjust Trial Schedule. ENDORSEMENT: Application DENIED. The July 10, 20 24 trial in this multi-defendant casefiled more than 15 months agohas been scheduled since October 2023. See ECF No. 162. The July 10 trial date accommodated all scheduling considerations that had been raised with the Court, including the trial in United States v. Motovich, further addressed below, which at the time was set for May 2024. See United States v. Motovich, No. 21 Cr. 497 (E.D.N.Y. Sept. 18, 2023), ECF No. 160 (Sept. 18, 2023 Order scheduling Motovich trial "to commence on Monday, May 20, 2024"); see also ECF No. 93 at Tr. 14:12-18 (counsel for Mr. Werczberger informing this Court that the Motovich trial was "estimat[ed] [to run] four to six week[s]"). It was only upon this Court's prompting on March 29viz., an email from Chambers soliciting the parties' views regarding the anticipated length of trialthat defense counsel revealed, on April 2, that Judge Kuntz had "sua sponte adjourned [the Motovich] May 20 trial to June 10" ; "last month." A review of the docket in Motovich, however, shows that Judge Kuntz adjourned the trial on February 13nearly eight weeks ago. See Motovich, 21 Cr. 497 (E.D.N.Y. Feb. 13, 2024), ECF No. 198. At no time prior to this Court& #039;s March 29 inquiry did counsel identify this conflict and seek an adjournment. In any event, as this Court scheduled the July 10, 2024 trial in this action in October 2023before Judge Kuntz adjourned the trial in Motovich to June 2024it was i ncumbent upon counsel to inform Judge Kuntz that a June 10 trial date in Motovich conflicted with their longstanding July 10 commitment to Mr. Werczberger in the instant matter. As for Ms. Haramati's anticipated parental leave beginning in Ju ly, Mr. Mazurek and Mr. Ser also serve as counsel of record for Mr. Werczbergerand have more than three months to prepare for trial. This case has been pending for some time. It is in the interest of the public that it be resolved. Mr. Werczberger will stand trial as scheduled on July 10, 2024. The deadlines applicable to any forthcoming motions to sever remain as set forth in the October 30, 2023 Order. See ECF No. 162. The Clerk of Court is directed to terminate ECF No. 251. (Signed by Judge Jennifer H. Rearden on 4/9/2024) (ap) |
4/1/2024 | 245 | MEMO ENDORSEMENT as to Ben Werczberger (5) granting 244 CONSENT LETTER MOTION addressed to Judge Jennifer H. Rearden from Ilana Haramati, Esq. dated March 31, 2024 re: Request for One-Week Adjournment of Motions Schedule to Accommodate Plea Discussions. ENDORSEMENT: Application GRANTED.The Clerk of Court is directed to terminate ECF No. 244. (Signed by Judge Jennifer H. Rearden on 4/1/2024) (ap) |
3/25/2024 | 241 | MEMO ENDORSEMENT 240 LETTER MOTION addressed to Judge Jennifer H. Rearden from Mark D. Harris dated 3/22/2024 re: Request Permission for Mr. Handler to travel to Israel to visit his father's grave and to see his youngest son as to Martin Handler...ENDORSEMENT...Application DENIED. The Clerk of Court is directed to terminate ECF No. 240. SO ORDERED (Signed by Judge Jennifer H. Rearden on 3/25/24) (jw) |
3/21/2024 | 239 | CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Menachem Lieberman. (Signed by Judge Jennifer H. Rearden on 3/21/2024) (ap) |
3/20/2024 | 238 | ORDER as to Menachem Lieberman: The Court has been informed that Defendant Menachem Lieberman may wish to enter a change of plea. Accordingly, on March 21, 2024 at 12:15 p.m., a plea proceeding will take place in Courtroom 12B, 500 Pearl Street, New York, New York 10007. (Change of Plea Hearing set for 3/21/2024 at 12:15 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden) (Signed by Judge Jennifer H. Rearden on 3/19/2024) (ap) |
3/19/2024 | 237 | MEMO ENDORSEMENT as to Ben Werczberger (5) granting 236 CONSENT LETTER MOTION addressed to Judge Jennifer H. Rearden from Ilana Haramati, Esq. dated March 18, 2024 re: Request to Adjourn Motions. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 236. (Signed by Judge Jennifer H. Rearden on 3/19/2024) (ap) |
3/18/2024 | 235 | CONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Martin Handler. (Signed by Judge Jennifer H. Rearden on 3/15/2024) (ap) |
3/15/2024 | 234 | Waiver of Indictment |
3/15/2024 | 233 | Information - Felony |
3/13/2024 | 232 | ORDER as to Martin Handler. Defendant Martin Handler's change-of-plea proceeding will take place on March 15, 2024 at 10:30 a.m. in Courtroom 12B, 500 Pearl Street, New York, New York 10007 (Change of Plea Hearing set for 3/15/2024 at 10:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 3/13/2024)(jw) |
3/12/2024 | 231 | MEMO ENDORSEMENT 230 LETTER MOTION addressed to Judge Jennifer H. Rearden from Mark D. Harris dated March 11, 2024 re: Adjournment of Plea Proceedings and Pre-Trial Motion Briefing as to Martin Handler...ENDORSEMENT...Application GRANTED . Defendant Martin Handler's change-of-plea proceeding is adjourned sine die. The Court hereby adopts the proposed revised briefing schedule for all Defendants: any pretrial motions shall be filed by March 19, 2024; any responses shall be filed by April 2, 2024; and any replies shall be filed by April 9, 2024. The Clerk of Court is directed to terminate ECF No. 230. (Signed by Judge Jennifer H. Rearden on 3/12/24) (jw) |
3/7/2024 | 227 | ORDER as to (23-Cr-00004-1) Martin Handler. The Court has been informed that Defendant Martin Handler may wish to enter a change of plea. Accordingly, on Tuesday, March 12, 2024 at 10:15 a.m., a plea proceeding will take place in Courtroom 12B, 500 Pearl Street, New York, New York 10007. SO ORDERED. ( Change of Plea Hearing set for 3/12/2024 at 10:15 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden. )(Signed by Judge Jennifer H. Rearden on 3/7/2023) (bw) |
2/23/2024 | 218 | MEMO ENDORSEMENT 217 LETTER MOTION addressed to Judge Jennifer H. Rearden from Daniel H. Wolf dated February 22, 2024 re: Request to File Redacted Sentencing Submission as to Isidore Handler...ENDORSEMENT...Application GRANTED. The Clerk of Court is directed to terminate ECF No. 217. SO ORDERED (Signed by Judge Jennifer H. Rearden on 2/23/24) (jw) |
2/13/2024 | 210 | Order on Motion for Extension of Time to File |
2/13/2024 | 209 | Extension of Time to File Document |
2/13/2024 | 208 | ORDER as to (S1 23-Cr-004-4) Isidore Handler. Upon consideration of the Government's unopposed motion for an order directing the defendant to pay, and the Clerk of Court to accept, presentence payments toward the criminal monetary penalties to be imposed against the defendant in this case, it is hereby ORDERED that, pursuant to 28 U.S.C. § 2041, the Clerk of Court shall receive payments submitted by or on behalf of the defendant and maintain such payments on deposit until the time o f sentencing; and it is further ORDERED that, pursuant to 28 U.S.C. § 2042, upon entry of a criminal judgment, the Clerk of Court shall withdraw and apply the deposited funds to the criminal financial obligations imposed against the defendant as provided by law and in accordance with the Clerk's standard operating procedures. SO ORDERED. The Clerk of Court is directed to terminate ECF No. 207. (Signed by Judge Jennifer H. Rearden on 2/13/2024)(bw) |
2/12/2024 | 207 | Miscellaneous Relief |
1/16/2024 | 198 | ORDER as to Harold Schwartz: IT IS HEREBY ORDERED that the plea proceeding previously scheduled for January 16, 2024, at 2:00 p.m. is adjourned to January 23, 2024, at 2:00 p.m. The proceeding will take place in Courtroom 12B, 500 Pearl Street, New York, New York, 10007. SO ORDERED. (Change of Plea Hearing set for 1/23/2024 at 02:00 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden) (Signed by Judge Jennifer H. Rearden on 1/16/2024) (lnl) |
1/12/2024 | 197 | MEMO ENDORSEMENT as to Martin Handler (1) granting 196 LETTER MOTION addressed to Judge Jennifer H. Rearden from Mark Harris dated January 11, 2024 re: Request Permission to Travel to Ohio on January 16, 2024 and return on same or ne xt day. ENDORSEMENT: Application GRANTED. Defendant Martin Handlers bail conditions are hereby modified to permit him to travel to Ohio on Tuesday, January 16, 2024 and return to New York on or before Wednesday, January 17, 2024. Defendant shall provide his Pretrial Services Officer with his itinerary prior to traveling. All other conditions of bail shall remain in effect. The Clerk of Court is directed to terminate ECF No. 196. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 1/12/2024) (lnl) |
1/3/2024 | 193 | Memo Endorsed granting 192 LETTER MOTION re: requesting to withdraw as to Martin Handler (1)... Endorsement: Application Granted. The Clerk of Court is directed to terminate Susan Necheles and Gedalia Stern as counsel for Defendant Martin Handler. The Clerk of Court is further directed to terminate ECF No. 192. So Ordered. (Signed by Judge Jennifer H. Rearden on 1/3/24) (jbo) |
12/28/2023 | 191 | ORDER as to Harold Schwartz. The Court has been informed that Defendant Harold Schwartz may wish to enter a change of plea. Accordingly, on January 16, 2024 at 2:00 p.m., a plea proceeding will take place in Courtroom 12B, 500 Pearl Street, New York, New York 10007. So Ordered. (Change of Plea Hearing set for 1/16/2024 at 02:00 PM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 12/28/23)(jbo) |
12/22/2023 | 190 | MEMO ENDORSEMENT as to Martin Handler (1), Menachem Lieberman (2), Harold Schwartz (3), Isidore Handler (4), Ben Werczberger (5), Arie Rangott (6), Charmane Wong (7) granting 189 LETTER MOTION addressed to Judge Jennifer H. Reard en from Daniel H. Wolf dated December 21, 2023 re: Exclusion of Time. ENDORSEMENT: Application GRANTED. By consent of the parties, the time between January 9, 2024, and July 10, 2024 is excluded to allow for the continued review of discovery, the pre paration of pretrial motions, preparation for trial, and discussion of potential pretrial dispositions. 18 U.S.C. § 3161(h)(7)(A). The Court finds the exclusion to be in the interests of justice and to outweigh the best interest of the public and the Defendants in a speedy trial. The Clerk of Court is directed to terminate ECF No. 189. (Signed by Judge Jennifer H. Rearden on 2/22/2023) (ap) |
12/21/2023 | 188 | MEMO ENDORSEMENT as to Martin Handler (1), Isidore Handler (4), denying 187 LETTER MOTION addressed to Judge Jennifer H. Rearden from Mark Harris dated December 19, 2023 re: Permission to travel. ENDORSEMENT: Although the Court empathizes with Defendants' desire to attend their father's memorial service and tombstone unveiling, due to the ongoing "unpredictable" situation in Israel, their application is denied. See Oct. 12, 2023 Order (denying with prejudice Defen dants' application to attend memorial and unveiling "[i]n light of the developments in Israel since October 7, 2023"); see also U.S. Dep't of State, Israel, the West Bank and Gaza Travel Advisory (Nov. 24, 2023) (warning that &quo t;the security situation [in Israel] remains unpredictable," citing continued "terrorism and civil unrest"). The Clerk of Court is directed to terminate ECF No. 187. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/21/2023) (ap) Modified on 12/21/2023 (ap). (Main Document 188 replaced on 12/21/2023) (ap). |
12/13/2023 | 186 | MEMO ENDORSEMENT as to Menachem Lieberman (2) granting 185 LETTER MOTION addressed to Judge Jennifer H. Rearden from Daniel L. Stein dated December 12, 2023 re: Requesting Bail Modifications. ENDORSEMENT: Application GRANTED. Defendant 9;s bail conditions are hereby modified to permit travel to (1) Lake George, New York on December 17, 2023 for a family Hanukkah celebration; and (2) the Southern District of Florida this winter to visit his and his wife's parents. Defendant shall provide his Pretrial Services Officer with his itinerary prior to taking these trips, and shall report daily to Pretrial Services while traveling. All other conditions of bail shall remain in effect. The Clerk of Court is directed to terminate ECF No. 185. (Signed by Judge Jennifer H. Rearden on 12/13/2023) (ap) |
12/4/2023 | 184 | RULE 5(f) ORDER as to Charmane Wong. (Signed by Judge Jennifer H. Rearden on 12/4/2023) (lnl) |
12/4/2023 | 183 | ORDER as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger, Arie Rangott, Charmane Wong re: 180 LETTER by USA addressed to Judge Jennifer H. Rearden from Daniel H. Wolf dated December 1, 2023 re: Stat us of Search of Cellp hones Seized Incident to Arrest. ENDORSEMENT: The Government shall provide its next update on January 26, 2024. Thereafter, the Government shall provide status reports on the following dates: March 8, 2024; April 19, 2024; May 31, 2024; and July 1, 2024. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 12/4/2023) (lnl) |
11/30/2023 | 178 | MEMO ENDORSEMENT as to Isidore Handler (4) granting 174 LETTER MOTION addressed to Judge Jennifer H. Rearden from Justine A. Harris dated November 28, 2023 re: Presentence Investigation Report/Request for Adjournment of Sentencing. ENDORSEMENT: Application GRANTED. Defendant Isidore Handler's sentencing is adjourned to February 28, 2024 at 11:00 am. The Clerk of Court is directed to terminate ECF No. 174. (Signed by Judge Jennifer H. Rearden on 11/30/2023) (ap) |
11/30/2023 | 179 | MEMO ENDORSEMENT as to Charmane Wong (7) granting 177 LETTER MOTION addressed to Judge Jennifer H. Rearden from Daniel H. Wolf dated November 29, 2023 re: Charmane Wong Conditions of Release. ENDORSEMENT: Application GRANTED. The condition s of Defendant Wong's pretrial release shall be amended to include the following condition: "The defendant is not to communicate with co-defendants outside the presence of counsel." The Clerk of Court is directed to terminate ECF No. 177. (Signed by Judge Jennifer H. Rearden on 11/30/2023) (ap) |
11/13/2023 | 169 | Information - ALL Misdemeanor |
11/1/2023 | 165 | MEMO ENDORSEMENT as to Arie Rangott (6) granting 164 CONSENT LETTER MOTION addressed to Judge Jennifer H. Rearden from Benjamin SIlverman dated November 1, 2023 re: respectfully requesting temporary bond modification. ENDORSEMENT: Applicat ion GRANTED. Defendant Arie Rangott's bail conditions are hereby modified to permit his wife to obtain her passport to travel to Montreal for a Bar Mitzvah between December 21 and December 27, 2023. The Clerk of Court is directed to terminate ECF No. 164. (Signed by Judge Jennifer H. Rearden on 11/1/2023) (ap) |
10/30/2023 | 162 | ORDER as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger, Arie Rangott. Trial will commence on July 10, 2024 at 9:30 a.m. Defendants' pretrial motions are due February 29, 2024 (with the exception of Ma rtin Handler's Franks motion, which is sub judice); the Government's responses are due March 14, 2024; and Defendants replies, if any, are due March 21, 2024. Any motions in limine or trial memoranda, as well as proposed voir dire, pro posed jury instructions, and proposed verdict forms, shall be filed by May 21, 2024. Any oppositions to motions in limine or trial memoranda shall be filed by June 4, 2024. The parties are directed to Rule 8 of the Courts Individual Rules and Pract ices in Criminal Cases for further requirements as to the submission of pretrial materials, exhibit lists, exhibits, and materials pursuant to 18 U.S.C. § 3500. Any motions to sever are due May 21, 2024, with responses due June 4, 2024. A fina l pretrial conference will be held on June 27, 2024 at 11:00 a.m. The conference will occur in Courtroom 12B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007 (Pretrial Motions due by 2/29/2024., Defendan ts Replies due by 3/21/2024., Government's Responses due by 3/14/2024, Jury Trial set for 7/10/2024 at 09:30 AM before Judge Jennifer H. Rearden., Pretrial Conference set for 6/27/2024 at 11:00 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 10/30/2023)(jw) |
10/30/2023 | 161 | MEMO ENDORSEMENT as to Martin Handler, et al re: We respectfully request, given that the trial will likely now be adjourned for at least 5 months, that the Court push back the deadline for pretrial motions (currently due on November 10), with the ex ception of the Franks motion, which is already fully briefed and awaiting oral argument.....ENDORSEMENT...Application GRANTED. By separate order, the Court will issue a modified trial schedule as to all Defendants. The Clerk of Court is directed to terminate ECF Nos. 157 and 160 (Signed by Judge Jennifer H. Rearden on 10/30/23) (jw) |
10/12/2023 | 156 | ORDER as to Martin Handler, Isidore Handler. On October 4, 2023, Defendants Martin and Isidore Handler requested temporary modification of their bail conditions to permit them to travel to Israel from October 15 to October 18, 2023. ECF No. 152. The Court denied Defendants' application without prejudice to renewal upon the provision of additional information, as well as a proposal for temporary enhancements to Defendants' bail conditions. ECF No. 153. In light of the developments in Israel since October 7, 2023 and, in particular, the challenges associated with outbound travel, Defendants' application is denied without leave to renew. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 10/12/2023) |
10/10/2023 | 155 | ORDER as to Martin Handler, Menachem Lieberman, Harold Schwartz, Ben Werczberger: On August 25, 2023, the Court adjourned the deadline for Defendants' pretrial motions sine die, pending the filing of a superseding indictment or notice from the Government that it would no longer be seeking a superseding indictment. See ECF No. 120. On September 12, 2023, the Government filed a superseding indictment as to Martin Handler, Menachem Lieberman, Harold Schwartz, and Ben Werczberger. See ECF No. 129.1 Accordingly, the Court resets the pretrial motions deadlines as follows: Defendants M. Handler, Lieberman, Schwartz, and Werczberger's respective pretrial motions shall be due November 10, 2023; the Government's responses shall be due November 24, 2023; and Defendants' replies, if any, shall be due December 1, 2023. (Motions due by 11/10/2023. Responses due by 11/24/2023. Replies due by 12/1/2023) (Signed by Judge Jennifer H. Rearden on 10/10/2023) (ap) |
10/6/2023 | 153 | MEMO ENDORSEMENT denying without prejudice 152 LETTER MOTION as to Martin Handler (1), Isidore Handler (4), addressed to Judge Jennifer H. Rearden from Attorney Gedalia M. Stern, Counsel for Martin Handler, dated 10/4/23 re: travel. ENDORSEMENT: Ap plication denied without prejudice to renewal. The Court will reconsider Defendants' application upon the provision of additional information, as well as a proposal for temporary enhancements to Defendants' bail conditions, as follows: - additional details regarding Defendant I. Handler's possible passport renewal, including (i) the date on which I. Handler's passport will expire (along with proof of same); (ii) whether I. Handler's passport, if not set to expire befor e Defendants' proposed trip, will nevertheless satisfy any applicable passport validity requirement(s); and (iii) the Government's and Pretrial Services' respective positions on the renewal of I. Handler's passport and the request to keep the passport in his counsel's custody; - information about which members of Defendants' immediate families (without using names) would accompany Defendants to Israel; - substantiation that the memorial and unveiling are scheduled t o take place in Israel on October 16 and 17, 2023; - proposed enhancements to Defendants' bail conditions to be imposed during their trip, as well as the Government's and Pretrial Services' respective positions on same. The Clerk of Court is directed to terminate ECF No. 152. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 10/6/2023) (bw) |
10/2/2023 | 151 | MEMO ENDORSEMENT granting 149 CONSENT LETTER MOTION filed by Menachem Lieberman (2), addressed to Judge Jennifer H. Rearden from Daniel L. Stein dated September 29, 2023 re: Temporary Modification of Bail Conditions. ENDORSEMENT: Application GRANT ED. Defendant Lieberman's bail conditions are hereby modified to permit him to travel to Miami, Florida on October 3, 2023 and return to New York on October 5, 2023. All other conditions of bail shall remain in effect. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 10/2/2023) (bw) |
9/29/2023 | 150 | MEMO ENDORSEMENT 146 LETTER MOTION addressed to Judge Jennifer H. Rearden from Susan R. Necheles dated 9/29/23 re: travel as to Martin Handler (1), Isidore Handler....ENDORSEMENT...Application GRANTED. On the conditions set forth belo w, bail is modified to permit Defendants M. Handler and I. Handler ("Defendants") to travel to Israel from the evening of October 1, 2023 to the morning of October 4, 2023 solely to attend their father"s burial. Defendants shall provi de the Government and Pretrial Services with their complete travel itineraries prior to departing, and shall report daily to Pretrial Services during their trip. Defendants respective passports shall be returned to them for the purpose of this trip only, and shall be re-surrendered upon their return. All other previously imposed bail conditions shall remain in place. The Clerk of Court is directed to terminate ECF No. 146. (Signed by Judge Jennifer H. Rearden on 9/29/2023) (jw) |
9/21/2023 | 141 | PROTECTIVE ORDER ADDENDUM as to Arie Rangott: it is hereby ORDERED that the Protective Order entered by the Court in this matter (Dkt. 47) shall apply to RANGOTT and his counsel. ENDORSEMENT: The Clerk of Court is directed to terminate ECF No. 140. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/21/2023) (lnl) |
9/20/2023 | 139 | MEMO ENDORSEMENT as to Martin Handler (1) granting 138 LETTER MOTION addressed to Judge Jennifer H. Rearden from Gedalia M. Stern dated 9/20/23 re: extension to file. ENDORSEMENT: Application GRANTED The Clerk of Court is directed to terminate ECF No. 138. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/20/2023) (lnl) |
9/13/2023 | 134 | RULE 5(F) ORDER as to Arie Rangott. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 9/13/2023)(bw) |
9/12/2023 | 128 | ORDER as to Martin Handler, Menachem Lieberman, Harold Schwartz, Ben Werczberger, Arie Rangott unsealing the S(2) superseding indictment. (Signed by Magistrate Judge Sarah L Cave on 9/12/23)(jm) |
9/1/2023 | 126 | MEMO ENDORSEMENT as to Menachem Lieberman (2) granting 125 LETTER MOTION addressed to Judge Jennifer H. Rearden from Daniel L. Stein dated September 1, 2023 re: Temporary Modification of Bail Conditions. ENDORSEMENT: Application GRANTED. De fendant Lieberman's conditions of bail are hereby modified to permit him to travel to Cincinnati, Ohio on September 6, 2023, and return to New York that same day. All other conditions of bail shall remain in effect. (Signed by Judge Jennifer H. Rearden on 9/1/2023) (ap) |
8/30/2023 | 124 | ORDER as to Isidore Handler: The Court has been informed that Defendant Isidore Handler may wish to enter a change of plea. Accordingly, on September 6, 2023 at 11:30 a.m., a plea proceeding will take place in Courtroom 12B, 500 Pearl Street, New York, New York 10007. (Change of Plea Hearing set for 9/6/2023 at 11:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden) (Signed by Judge Jennifer H. Rearden on 8/30/2023) (ap) |
8/25/2023 | 120 | ORDER as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger. Upon review of the letter-motion of Defendants Martin Handler, Menachem Lieberman, Ben Werczberger, and Isidore Handler, dated August 23, 2023 (ECF No . 117), and the Government's response, dated August 24, 2023 (ECF No. 119), IT IS HEREBY ORDERED that: 1. Except for Martin Handler's anticipated motion to suppress, see ECF No. 117 at 2, the deadline for Defendants' pretrial motions i s hereby adjourned sine die, pending the filing of a superseding indictment or notice from the Government that it will no longer be seeking a superseding indictment. 2. Consistent with the Court's May 1, 2023 Order (ECF No. 87), Martin Handler 's motion to suppress shall be filed by August 30, 2023, with the Government's response due September 13, 2023, and Handler's reply, if any, due September 20, 2023. 3. All other deadlines and dates in the May 1 Order, including the date for trial, remain in place. 4. This Order also applies to Defendant Harold Schwartz. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 8/25/2023)(bw) |
8/22/2023 | 116 | MEMO ENDORSEMENT granting 115 CONSENT LETTER MOTION filed by Menachem Lieberman (2), addressed to Judge Jennifer H. Rearden from Attorney Daniel L. Stein dated August 21, 2023 re: Request a Temporary Modification of Bail Conditions. ENDORSEMENT: Ap plication GRANTED. Defendant Lieberman's conditions of bail are hereby modified to permit the temporary return of his wife Bella's passport, from August 22, 2023 to August 24, 2023, to allow her to travel to Montreal, Canada on August 23, 2023, and return to New York the same day. All other conditions of bail shall remain in effect. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 8/22/2023) (bw) |
8/11/2023 | 114 | Letter, Letter, Letter, Letter, Letter |
8/7/2023 | 113 | MEMO ENDORSEMENT as to Menachem Lieberman (2) granting 112 LETTER MOTION addressed to Judge Jennifer H. Rearden from Steven Y. Yurowitz dated 8/4/2023 re: Temporary Modify Bail Conditions (Unopposed). ENDORSEMENT: Application GRANTED. De fendant Lieberman's conditions of bail are hereby modified to permit him to fly from New York to Denver on Monday, August 14, 2023 and return to New York on Thursday, August 18, 2023. All other conditions of bail shall remain in effect. (Signed by Judge Jennifer H. Rearden on 8/7/2023) (ap) |
8/4/2023 | 112 | Letter Motion |
7/28/2023 | 111 | Letter, Letter, Letter, Letter, Letter |
7/19/2023 | 110 | Order on Motion to Modify Conditions of Release |
7/18/2023 | 109 | Modify Conditions of Release |
7/14/2023 | 108 | Letter, Letter, Letter, Letter, Letter |
7/10/2023 | 107 | MEMO ENDORSED granting 106 LETTER MOTION re: Unopposed Application to Temporarily Modify Bail Conditions as to Menachem Lieberman (2)... ENDORSEMENT: The unopposed application is GRANTED. Defendant Lieberman's conditions of bail are hereby modified to permit the temporary return of his wife Bella's passport, from July 11, 2023 to July 13, 2023. All other conditions of bail shall remain in effect. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 7/10/23) (jbo) |
7/7/2023 | 106 | Letter Motion |
6/30/2023 | 105 | Letter, Letter, Letter, Letter, Letter |
6/16/2023 | 104 | Letter, Letter, Letter, Letter, Letter |
6/16/2023 | 103 | MEMO ENDORSEMENT as to Ben Werczberger (5) granting 102 CONSENT LETTER MOTION addressed to Judge Jennifer H. Rearden from Ilana Haramati, Esq. dated June 15, 2023 re: Bail Modification to Permit Travel to the District of South Carolina. EN DORSEMENT: The unopposed application is GRANTED. Defendant Werczberger's conditions of bail are hereby modified to permit travel to the District of South Carolina for work purposes. Mr. Werczberger shall provide his Pretrial Services Officer with his itinerary prior to any such travel. All other conditions of bail shall remain in effect. (Signed by Judge Jennifer H. Rearden on 6/16/2023) (ap) |
6/15/2023 | 102 | Letter Motion |
6/2/2023 | 101 | Letter, Letter, Letter, Letter, Letter |
5/30/2023 | 100 | Notice of Filing Transcript |
5/30/2023 | 99 | Transcript |
5/25/2023 | Order Terminating Attorney, Order Terminating Attorney, Order Terminating Attorney, Order Terminating Attorney, Order Terminating Attorney, Order on Letter Motion, Order on Letter Motion, Order on Letter Motion, Order on Letter Motion, Order on Letter Motion | |
5/22/2023 | 96 | Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion |
5/19/2023 | 95 | Letter, Letter, Letter, Letter, Letter |
5/18/2023 | 94 | Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript |
5/18/2023 | 93 | Transcript, Transcript, Transcript, Transcript, Transcript |
5/5/2023 | 92 | Letter, Letter, Letter, Letter, Letter |
5/5/2023 | 91 | MEMO ENDORSEMENT granting 89 CONSENT LETTER MOTION filed by USA as to Martin Handler (1), Menachem Lieberman (2), Harold Schwartz (3), Isidore Handler (4), Ben Werczberger (5), addressed to Judge Jennifer H. Rearden from AUSA Catherine Ghosh date d May 4, 2023 re: Speedy Trial Act. ENDORSEMENT: The Government's application on consent is GRANTED. To allow for the continued review of discovery, the preparation of pretrial motions, preparation for trial, and discussion of potential pretrial dispositions, the time between May 17, 2023 and January 9, 2024 is hereby excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A). The Court finds the exclusion to be in the interests of justice and to outweigh the best interests of the public and the Defendants in a speedy trial. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/5/2023) (bw) |
5/5/2023 | 90 | Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA |
5/4/2023 | 89 | Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion |
5/3/2023 | 88 | Notice of Attorney Appearance - Defendant |
5/1/2023 | 87 | ORDER as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger. It is hereby ORDERED that: 1. Trial will commence on January 9, 2024 at 10:00 AM. 2. Defendants' pretrial motions are due August 30, 2023, with t he Government's responses due September 13, 2023, and Defendants' replies, if any, due September 20, 2023. 3. Any motions in limine or trial memoranda, as well as proposed voir dire questions, proposed jury instructions, and proposed verdic t forms, shall be filed by December 4, 2023. Any oppositions to motions in limine or trial memoranda shall be filed by December 18, 2023. The parties are directed to Rule 8 of the Court's Individual Rules and Practices in Criminal Cases for fur ther requirements as to the submission of pretrial materials, exhibit lists, exhibits, and materials pursuant to 18 U.S.C. § 3500. 4. Any motions to sever are due December 4, 2023, with responses due December 18, 2023. 5. A final pretrial confer ence will be held on December 28, 2023 at 11:30 AM. The conference will occur in Courtroom 12B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. 6. The May 17, 2023 status conference is cancelled. By May 4 , 2023, the Government shall file a letter informing the Court whether it seeks to exclude time under the Speedy Trial Act between May 17, 2023 and January 9, 2024. The letter shall indicate the bases for, as well as whether Defendants consent to, th e requested exclusion. SO ORDERED. ( Motions due by 8/30/2023; Responses due by 9/13/2023; Replies due by 9/20/2023. Pretrial Conference set for 12/28/2023 at 11:30 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden. Jury Trial set for 1/9/2024 at 10:00 AM before Judge Jennifer H. Rearden. )(Signed by Judge Jennifer H. Rearden on 5/1/2023)(bw) |
4/21/2023 | 86 | Letter, Letter, Letter, Letter, Letter |
4/20/2023 | 85 | Notice of Filing Transcript |
4/20/2023 | 84 | Transcript |
4/19/2023 | Oral Order, ~Util - Set/Reset Hearings, Oral Order, ~Util - Set/Reset Hearings, ~Util - Set/Reset Hearings, Oral Order, Oral Order, ~Util - Set/Reset Hearings, Oral Order, ~Util - Set/Reset Hearings, Status Conference, Status Conference, Status Conference, Status Conference, Status Conference | |
4/17/2023 | Oral Order, Curcio Hearing | |
4/11/2023 | 83 | SCHEDULING ORDER as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger. A status conference will take place on April 18, 2023 at 1:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007. Counsel for the G overnment and for Defendants shall consult in advance of the conference to reach agreement, if possible, on a proposed date for trial. (Status Conference set for 4/18/2023 at 01:30 PM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 4/11/2023)(jw) |
4/7/2023 | 82 | Letter, Letter, Letter, Letter, Letter |
4/4/2023 | 81 | ~Util - Set/Reset Hearings, Scheduling Order |
4/3/2023 | 80 | ORDER as to Martin Handler. The April 4, 2023 Curcio hearing for Martin Handler is hereby adjourned sine die. (Signed by Judge Jennifer H. Rearden on 4/3/2023)(jw) |
3/30/2023 | 79 | ~Util - Set/Reset Deadlines/Hearings, Order to Continue - Interest of Justice |
3/29/2023 | Curcio Hearing, Curcio Hearing | |
3/28/2023 | 78 | Notice of Filing Transcript |
3/28/2023 | 77 | Transcript |
3/24/2023 | 76 | Letter, Letter, Letter, Letter, Letter |
3/23/2023 | 75 | Response to Motion |
3/23/2023 | 74 | Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion |
3/22/2023 | 73 | MEMO ENDORSEMENT as to Isidore Handler (4) granting 72 LETTER MOTION addressed to Judge Jennifer H. Rearden from Raphael A. Friedman dated March 21, 2023 re: Temporary Bail Modification to Allow Travel to Florida. ENDORSEMENT: The requested bail modification is GRANTED. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 3/22/2023) (lnl) |
3/22/2023 | 72 | Letter Motion |
3/21/2023 | 71 | OPINION & ORDER as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger. Before the Court is the January 18, 2023 motion of Defendants Ben Werczberger, Menachem Lieberman, Martin Handler, and Isidore Handler,(See F ootnote 1 on this Opinion & Order) seeking the return of cellphones seized at the time of their arrest on January 11, 2023.(See Footnote 2 on this Opinion & Order). ECF No. 25 (Defs.' Mot.). For the reasons set forth below, Defendants' moti on is DENIED without prejudice....[*** See this Opinion & Order ***]... IV. CONCLUSION. For the foregoing reasons, Defendants' motion for the return of their cellphones is DENIED without prejudice. Defendants' request for an evidentiary he aring is also DENIED. The Government shall file a status letter by March 24, 2023, and every other Friday thereafter, addressing whether it has finished its review of the data extracted from the I. Handler Cellphone and Lieberman Cellphone---and, if not, when it expects to finish that review---as well as the status of its efforts to decrypt the M. Handler Cellphone and Werczberger Cellphone. The Government's application to file the search warrant affidavit (ECF No. 51-1) under seal is GRANTED. The Clerk of the Court is directed to terminate ECF Nos. 22 and 25. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 3/21/2023)(bw) |
3/20/2023 | 70 | Reply Memorandum of Law in Support (non-motion) |
3/17/2023 | 69 | Memo Endorsement |
3/17/2023 | 68 | MEMO ENDORSEMENT 67 CONSENT LETTER MOTION addressed to Judge Jennifer H. Rearden from Steven Yurowitz dated March 17, 2023 re: reschedule Curcio hearings as to Menachem Lieberman....ENDORSEMENT...SO ORDERED (Signed by Judge Jennifer H. Rearden on 3/17/2023) (jw) |
3/17/2023 | 67 | Letter Motion |
3/17/2023 | 66 | Memorandum of Law in Opposition (non-motion) |
3/16/2023 | 65 | ORDER as to Martin Handler, Menachem Lieberman. Defendant Martin Handler, his counsel, and the Government shall appear for a Curcio Hearing on March 22, 2023 at 11:00 a.m. Defendant Menachem Lieberman, his counsel, and the Government shall appear for a Curcio Hearing on March 22, 2023 at 2:00 p.m. (Signed by Judge Jennifer H. Rearden on 3/16/2023)(jw) |
3/14/2023 | 64 | Notice of Attorney Appearance - Defendant |
3/14/2023 | 63 | Letter |
3/14/2023 | 62 | Letter |
3/14/2023 | 61 | Letter, Letter, Letter, Letter, Letter |
3/10/2023 | 60 | MEMO ENDORSEMENT granting 59 LETTER MOTION filed by Menachem Lieberman (2), addressed to Judge Jennifer H. Rearden from Attorney Steven Yurowitz dated 03/09/2023 re: Temporary Modify Bail Conditions. I am writing to request that the Court modify Mr . Lieberman's conditions of release in order to facilitate his wife Bellas travel to Montreal from Sunday, March 12, 2023, to Monday, March 13, 2023, to attend the Bar Mitzvah of her nephew (her sister's son).... Accordingly, we respectfull y request that the Court modify Mr. Lieberman's conditions of release to permit the temporary return of his wife Bella's passport, which will be returned to Pre-Trial Services within 48 hours of her return back to New York. ENDORSEMENT: No objection having been made by the Government or Pretrial Services, the application is granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/10/2023) (bw) |
3/9/2023 | 59 | Letter Motion |
2/24/2023 | Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document | |
2/15/2023 | 57 | ~Util - Set/Reset Deadlines/Hearings, Memo Endorsement, ~Util - Terminate Motions, Order to Continue - Interest of Justice, Memo Endorsement, ~Util - Set/Reset Deadlines/Hearings, Order to Continue - Interest of Justice, ~Util - Terminate Motions, Order to Continue - Interest of Justice, ~Util - Terminate Motions, Memo Endorsement, ~Util - Set/Reset Deadlines/Hearings, ~Util - Set/Reset Deadlines/Hearings, ~Util - Terminate Motions, Memo Endorsement, Order to Continue - Interest of Justice, Memo Endorsement, ~Util - Set/Reset Deadlines/Hearings, Order to Continue - Interest of Justice, ~Util - Terminate Motions |
2/13/2023 | 56 | Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA, Notice of Attorney Appearance - USA |
2/13/2023 | 55 | Letter Motion, Letter Motion, Letter Motion, Letter Motion, Letter Motion |
2/13/2023 | 54 | ORDER as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger. The conference currently scheduled for February 17, 2023 at 11:00 AM will be held in Courtroom 12B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York (Signed by Judge Jennifer H. Rearden on 2/13/2023)(jw) |
2/10/2023 | 53 | Letter, Letter, Letter, Letter, Letter |
2/7/2023 | 52 | Response in Support of Motion, Response in Support of Motion, Response in Support of Motion, Response in Support of Motion |
2/3/2023 | 51 | Response in Opposition to Motion, Response in Opposition to Motion, Response in Opposition to Motion, Response in Opposition to Motion, Response in Opposition to Motion |
2/2/2023 | 50 | Notice of Attorney Appearance - Defendant |
2/1/2023 | 49 | Bond |
2/1/2023 | 48 | ORDER as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger: On January 18, 2023, Defendants moved, pursuant to Federal Rule of Criminal Procedure 41(g), for the return of their cell phones seized by the Govern ment. ECF No. 25. In connection with that motion, the parties are directed to file supplemental letters addressing the legal standard set forth in Ferreira v. United States, 354 F. Supp. 2d 406 (S.D.N.Y. 2005), and its application to Defendants 39; cell phones: "To prevail on a Rule [41(g)] motion, a criminal defendant must demonstrate that (1)he is entitled to lawful possession of the seized property; (2) the property is not contraband; and (3) either the seizure was illegal or the government's need for the property as evidence has ended." Id. at 409. The Government shall file its letter by February 3, 2023. Defendants Handler, Lieberman, Handler, and Werczberger shall file their letter by February 7, 2023. The parties' respective letters shall not exceed three single-spaced pages. (Responses due by 2/3/2023. Replies due by 2/7/2023) (Signed by Judge Jennifer H. Rearden on 2/1/2023) (ap) |
1/30/2023 | 47 | PROTECTIVE ORDER as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger...regarding procedures to be followed that shall govern the handling of confidential material... ENDORSEMENT: SO ORDERED. (Signed by Judge Jennifer H. Rearden on 1/30/2023) (ap) |
1/30/2023 | 46 | Letter, Letter, Letter, Letter, Letter |
1/27/2023 | 44 | Response in Opposition to Motion, Response in Opposition to Motion, Response in Opposition to Motion, Response in Opposition to Motion, Response in Opposition to Motion |
1/27/2023 | 43 | Response in Opposition to Motion, Response in Opposition to Motion, Response in Opposition to Motion, Response in Opposition to Motion, Response in Opposition to Motion |
1/27/2023 | 45 | ORDER as to Ben Werczberger: The Motion is DENIED. The Court cannot contemplate any different or additional conditions that would reasonably assure Werczberger's appearance. While the Court sympathizes with Werczberger's desire to attend the wedding, in his present circumstances, such international travel is not warranted. (Signed by Magistrate Judge Sarah L Cave on 1/27/2023) (See ORDER set forth) (ap) |
1/27/2023 | 42 | Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript |
1/27/2023 | 41 | Transcript, Transcript, Transcript, Transcript, Transcript |
1/26/2023 | 40 | Letter Motion |
1/23/2023 | 39 | MEMO ENDORSEMENT as to Harold Schwartz (3) on 37 CONSENT LETTER MOTION addressed to Judge Jennifer H. Rearden from Daniel H. Wolf dated January 20, 2023 re: Request for Appearance Bond and Conditions. ENDORSEMENT: SO ORDERED. (Signed by Judge Jennifer H. Rearden on 1/23/2023) (lnl) |
1/20/2023 | 38 | Order on Motion to Appear Pro Hac Vice |
1/20/2023 | 37 | Letter Motion |
1/20/2023 | 35 | Letter Motion |
1/20/2023 | 36 | MEMO ENDORSEMENT granting 35 LETTER MOTION filed by Martin Handler (1), addressed to Judge Jennifer H. Rearden from Attorney Gedalia M. Stern dated 1/20/23 re: extention to time to comply with final bail condition.... we respectfully request that t he Court grant an extension until Wednesday, January 25th, for Mr. Handler to comply with this third and final bail condition. ENDORSEMENT: Defendant Martin Handler's request is hereby GRANTED. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 1/20/2023) (bw) |
1/20/2023 | Notice Regarding Pro Hac Vice Motion | |
1/20/2023 | 34 | Reply to Response to Motion, Reply to Response to Motion, Reply to Response to Motion, Reply to Response to Motion |
1/20/2023 | 33 | Letter, Letter, Letter, Letter, Letter |
1/19/2023 | 31 | Appear Pro Hac Vice |
1/19/2023 | 32 | RULE 5(F) ORDER as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger (Signed by Judge Jennifer H. Rearden on 1/19/23)(jw) |
1/19/2023 | 30 | Notice of Attorney Appearance - Defendant |
1/19/2023 | 29 | Notice of Attorney Appearance - Defendant |
1/19/2023 | Notice Regarding Deficient Motion to Appear Pro Hac Vice | |
1/18/2023 | 28 | Response in Opposition to Motion, Response in Opposition to Motion, Response in Opposition to Motion, Response in Opposition to Motion, Response in Opposition to Motion |
1/18/2023 | 27 | Memo Endorsement, Memo Endorsement, Memo Endorsement, Memo Endorsement, Memo Endorsement |
1/18/2023 | 26 | Notice of Attorney Appearance - Defendant |
1/18/2023 | 25 | Return of Property/PreTrial, Return of Property/PreTrial, Return of Property/PreTrial, Return of Property/PreTrial, Return of Property/PreTrial |
1/18/2023 | 24 | Appear Pro Hac Vice |
1/18/2023 | 23 | Notice of Attorney Appearance - Defendant |
1/18/2023 | 22 | Return of Property/PreTrial, Return of Property/PreTrial, Return of Property/PreTrial, Return of Property/PreTrial, Return of Property/PreTrial |
1/17/2023 | 21 | Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript, Notice of Filing Transcript |
1/17/2023 | 20 | Transcript, Transcript, Transcript, Transcript |
1/17/2023 | 19 | ORDER as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger: IT IS HEREBY ORDERED that Defendants' arraignments will be conducted on January 19, 2023 at 12:15 PM in Courtroom 15A, 500 Pearl Street, New Y ork, NY, 10007. Immediately following the arraignments, an initial conference will be held. At the conference, a trial date will be chosen. After the Government recites the procedural history of this case, outlines the nature of the evidence it in tends to offer at any trial, and proposes a schedule for the production of discovery materials to Defendants, the Court will consult the parties regarding the scheduling of the trial. Once a trial date is selected, a schedule for motions and the e xchange of expert statements will be set, and the propriety of any exclusion of time under the Speedy Trial Act will be addressed. IT IS FURTHER ORDERED that counsel for the Government and Defendants will consult in advance of the conference to re ach agreement, if possible, on a proposed date for the trial. SO ORDERED. (Arraignment set for 1/19/2023 at 12:15 PM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Jennifer H. Rearden) (Signed by Judge Jennifer H. Rearden on 1/17/2023) (lnl) |
1/11/2023 | 18 | Appearance Bond Entered as to Menachem Lieberman: $1 Million Personal recognizance bond; To be cosigned by two financially responsible persons; Secured by personal residence; Additional conditions..... (jbo) (Entered: 01/12/2023) |
1/11/2023 | 17 | Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Appearance as to Menachem Lieberman held on 1/11/2023. Defendant present with retained counsel Steven Yurowitz. AUSA Mollie Bracewell present for the Government. BAIL DISPOSITION: Agreed conditions of release; $1 Million Personal Recognizance Bond; To be cosigned by two financially responsible persons; Secured by Personal Residence; Travel restricted to SDNY/EDNY/DNJ; Surrender travel documents and no new applications; Pretrial supervision as directed by Pretrial Services; Deft to continue or seek employment; Deft to be released on own signature; Remaining conditions to be met by 1/20/23; Wife and 4 minors surrender travel documents by 1/13/23; No contact with codefendants outside presence of counsel; Deft to withdraw as signatory on all Simche Kinder bank accounts, with deft to furnish proof of such withdrawal to the Govt by January 20, 2023, and thereafter defense counsel to identity for the Govt every 60 days any transfers of Simche Kinder funds to Menacham Lieberman or companies or entities in which Menachem Lieberman has an ownership interest. [**Control Date: 1/25/23.] (jbo) (Entered: 01/12/2023) |
1/11/2023 | Arrest of Menachem Lieberman. (jbo) (Entered: 01/12/2023) | |
1/11/2023 | 16 | Appearance Bond Entered as to Isidore Handler: $250,000 Personal recognizance bond; To be cosigned by three financially responsible persons; Additional conditions..... (jbo) (Entered: 01/12/2023) |
1/11/2023 | 15 | Appearance Bond Entered as to Martin Handler: $1 Million Personal recognizance bond; To be cosigned by two financially responsible persons; Secured by personal residence; Additional conditions..... (jbo) (Entered: 01/12/2023) |
1/11/2023 | 14 | Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Initial Appearance as to Martin Handler held on 1/11/2023. Defendant present with retained counsel Susan Necheles. AUSA Mollie Bracewell present for the Government. BAIL DISPOSITION: Agreed conditions of release; $1 Million Personal Recognizance Bond; To be cosigned by two financially responsible persons; Secured by Personal Residence; Travel restricted to SDNY/EDNY/DNJ/SDFL; Surrender travel documents and no new applications; Pretrial supervision as directed by Pretrial Services; Deft to continue or seek employment; Deft to be released on own signature; Remaining conditions to be met by 1/20/23; No contact with co-defendants outside presence of counsel, except can have non substantive discussion with Isidore Handler and Ben Werczberger; Deft to withdraw as signatory on all New York City Early Learning Co. bank accounts, with deft to furnish proof of such withdrawal to the Govt by January 20, 2023, and thereafter defense counsel to identify for the Govt every 60 days any transfers of New York City Early Learning Co. funds to Martin Handler or companies or entities in which Mattin Handler has an ownership interest. [**Control Date: 1/25/23.] (jbo) (Entered: 01/12/2023) |
1/11/2023 | Arrest of Martin Handler. (jbo) (Entered: 01/12/2023) | |
1/11/2023 | 13 | Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger:Initial Appearance as to Isidore Handler held on 1/11/2023. Deft. is present with counsel Justine Harris; AUSA Bracewell is also present. Bail is set as follows: $250,000 PRB; 3 FRPs; travel restricted to SDNY/EDNY/DNJ; ; surrender travel documents & no new applications; supervision as directed by PTS; Defendant to continue or seek employment; no contact with co-defendant outside presence of counsel but can have nonsubstantive discussions with brother Martin Handler. Defendant to be released on own signature with remaining conditions to be met by 1/20/23. Control date 1/25/23. (jm) (Entered: 01/12/2023) |
1/11/2023 | Arrest of Isidore Handler. (jm) (Entered: 01/12/2023) | |
1/11/2023 | 12 | PRB Bond Entered as to Ben Werczberger in amount of $ 1,000,000. (jm) (Entered: 01/12/2023) |
1/11/2023 | 11 | Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger:Initial Appearance as to Ben Werczberger held on 1/11/2023. Defendant is present with counsel Henry Mazurek; AUSA Bracewell is also present. Bail is set as follows: $1,000,000 PRB COSIGNED BY 3 FINANCIALLY RESPONSIBLE PERSONS AND SECURED BY PERSONAL RESIDENCE; TRAVEL RESTRICTED TO SDNY/EDNY/DNJ/SDFL; SURRENDER TRAVEL DOCUMENT & NEW APPLICATIONS; SUPERVISION AS DIRECTED BY PRETRIAL SERVICES; DEFENDANT TO CONTINUE OR SEEK EMPLOYMENT; NO CONTACT WITH CO-DEFENDANTS OUTSIDE PRESENCE OF COUNSEL, EXCEPT CAN HAVE SUBSTANTIVE CONTACT WITHMARTIN HANDLER. DEFENDANT TO BE RELEASED ON OWN SIGNATURE WITH REMAININGCONDITIONS TO BE MET BY 1/20/23. Control date set as 1/25/23. (jm) (Entered: 01/12/2023) |
1/11/2023 | Arrest of Ben Werczberger. (jm) (Entered: 01/12/2023) | |
1/11/2023 | 10 | NOTICE OF ATTORNEY APPEARANCE: Jason Immanuel Ser appearing for Ben Werczberger. (jm) (Entered: 01/11/2023) |
1/11/2023 | 9 | NOTICE OF ATTORNEY APPEARANCE: Gedalia Moshe Stern appearing for Martin Handler. (jm) (Entered: 01/11/2023) |
1/11/2023 | Attorney update in case as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger. Attorney Mary Elizabeth Bracewell,Daniel Harris Wolf for USA added. (jm) (Entered: 01/11/2023) | |
1/11/2023 | Case as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger ASSIGNED to Judge Jennifer H. Rearden. (jm) (Entered: 01/11/2023) | |
1/11/2023 | Case Designated ECF as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger. (jm) (Entered: 01/11/2023) | |
1/11/2023 | INDICTMENT UNSEALED as to Martin Handler, Menachem Lieberman, Harold Schwartz, Isidore Handler, Ben Werczberger. (jm) (Entered: 01/11/2023) | |
1/11/2023 | 3 | Order to Unseal Indictment as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4, Sealed Defendant 5. (Signed by Magistrate Judge Robert W. Lehrburger on 1/11/23)(jm) (Entered: 01/11/2023) |
1/6/2023 | 1 | SEALED DOCUMENT placed in vault. (jus) (Entered: 01/06/2023) |
1/4/2023 | 2 | SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 3, 4, 5, 6, 7, Sealed Defendant 2 (2) count(s) 1, 2, 3, 4, Sealed Defendant 3 (3) count(s) 1, 4, Sealed Defendant 4 (4) count(s) 1, 4, Sealed Defendant 5 (5) count(s) 5, 6. (jm) (Main Document 2 replaced on 1/11/2023) (jm). (Entered: 01/11/2023) |