United States of America v. Bengis
Court Docket Sheet

2nd Circuit Court of Appeals

2017-02243 (ca2)

2ND AMENDED NOTICE OF APPEAL, with copy of district court docket, on behalf of Appellant Arnold Maurice Bengis, FILED.[2136659] [17-2243] [Entered: 09/29/2017 01:50 PM]

Case 1:03-cr-00308-LAK Document 401 Filed 09/28/17 Page 1 of 2 UNITED STATES DISTRICT COURT SOU1HERN DISTRICT OF NEW YORK--------------------------------------x UNITED STATES OF AMERICA Docket No.: 03-CR-308 (LAK)-v-SECOND AMENDED ARNOLD BENGIS, et al., NOTICE OF APPEAL Defendant.--------------------------------------x Notice is hereby given that Arnold Bengis appeals to the United States Court of Appeals for the Second Circuit from: (1) the Order, entered March 27, 2017 (DE 353), granting the government's motion to: (i) find Arnold Bengis in default of the restitution order and in contempt of court, (ii) hold Bengis in criminal default, and (iii) resentence Bengis; (2) the Order, entered during oral argument at a hearing dated July 19, 2017, denying Bengis's motion to vacate its finding of default and its order of a resentencing of Bengis; (3) the sentence, imposed during the July 19, 2017 hearing, and forthcoming Judgment resentencing Bengis to: (i) 57 months of incarceration, followed by a term of two years of supervised release, plus the mandatory $400 special assessment; (ii) forfeit to the United States the amount of $37,200,838.36 in U.S. currency, and a money judgment in that amount; (4) the Preliminary Order of Forfeiture, entered on July 20, 2017 (DE 372), ordering Bengis to forfeit to the United States the amount of $37,200,838.36 in U.S. currency, and a money)udgment in that amount~ Case 1:03-cr-00308-LAK Document 401 Filed 09/28/17 Page 2 of 2 (5) the Memorandum and Order, entered on July 20, 2017 (DE 373), imposing on resentencing, the above-referenced Preliminary Order of Forfeiture, deemed by the district court as "final" as to Bengis; (6) the Order, entered on July 20, 2017 (DE 373), ordering a hearing on restitution for September 7, 2017; (7) the Amended Judgment, entered on July 30, 2017 (DE 376); (8) the Second Amended Judgment, entered on August 2, 2017 (DE 381); (9) the Order, entered on September 19, 2017 (DE 395), denying Bengis's motion to correct an illegal sentence under Fed. R. Crim. P. 35(a) (DE 394); (10) the Third Amended Judgment, entered on September 19, 2017 (DE 396); the Fourth Amended Judgment, entered on September 22, 2017 (DE 398); and, (11) from each and every intermediate order culminating in the above Orders and Judgments. Dated: New York, New York September 27, 2017 Respectfully submitted, ~~~ Eric M. Creizman (EC 7684) Melissa Madrigal (MM 0200) CREIZMAN PLLC 565 Fifth A venue, 7th Floor New York, New York 10017 Telephone: (212) 972-0200 Facsimile: (646) 200-5022 Email: ecreiz@creizmanllc.com Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 1 of 61 CLOSED,APPEAL,ECF,INTAPP U.S. District Court Southern District of New York (Foley Square) CRIMINAL DOCKET FOR CASE #: 1:03−cr−00308−LAK All Defendants Case title: USA v. Bengis et al Date Filed: 08/04/2003 Assigned to: Judge Lewis A. Kaplan Defendant (1) Arnold Maurice Bengis represented by Barry A. Bohrer TERMINATED: 09/19/2017 Morvillo, Abramowitz, Grand, Iason, & Anello P.C. 565 5th Avenue New York, NY 10017 (212) 880−9350 Fax: (212) 856−9494 Email: bbohrer@magislaw.com TERMINATED: 12/22/2011 LEAD ATTORNEY Designation: Retained Eric M. Creizman Creizman PLLC 565 Fifth Avenue, 7th Floor New York, NY 10012 (212) 972−0200 Fax: (646) 200−5022 Email: ecreiz@creizmanllc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Frank H. Wohl Lankler Siffert & Wohl LLP 500 Fifth Avenue, 33rd Floor New York, NY 10110 212−921−8399 Fax: 212−764−3701 Email: fwohl@lswlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Mark A Berube Mishcon de Reya New York, LLP 750 Seventh Avenue New York, NY 10019 212−332−3800 Fax: 212−332−3888 Email: mark.berube@mishcon.com TERMINATED: 07/30/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Victor J. Rocco Hafetz Necheles LLP 10 E. 40th Street, 48th Floor New York, NY 10016 (212) 997−7595 Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 2 of 61 Fax: (212) 997−7646 Email: vrocco@herrick.com TERMINATED: 10/12/2004 LEAD ATTORNEY Designation: Retained Vincent Filardo, Jr Mishcon de Reya New York, LLP 2 Park Avenue, 20th Floor New York, NY 10016 (212) 612−3270 Fax: (212) 612−3297 Email: vincent.filardo@mishcon.com TERMINATED: 02/01/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Amanda Shoffel Creizman LLC 565 Fifth Ave New York, NY 10017 (212)972−0200 Email: ashoffel@creizmanllc.com TERMINATED: 09/07/2017 Designation: Retained Joshua Samuel Sohn Mishcon de Reya New York, LLP 750 Seventh Avenue New York, NY 10019 212−612−3270 Fax: 212−612−3297 Email: joshua.sohn@mishcon.com ATTORNEY TO BE NOTICED Designation: Retained Melissa Madrigal Creizman PLLC 565 Fifth Avenue, 7th Floor New York, NY 10017 (212)−972−0200 Email: mmadrigal@creizmanllc.com ATTORNEY TO BE NOTICED Peter Charles Alkalay McLaughlin and Stern, LLP 260 Madison Ave New York, NY 10016 (212) 448−1100 Fax: (212) 448−0066 Email: Palkalay@mclaughlinstern.com ATTORNEY TO BE NOTICED Designation: Retained Pending Counts Disposition 18:371.F CONSPIRACY TO Imprisonment: 46 Months on each count, the terms to DEFRAUD THE UNITED run concurrently. Supervised Release: 2 Years on STATES each count, the terms to run concurrently. (1) AMENDED ON 7/19/2017: Imprisonment: *57 Months on each count, the terms to run concurrently.* Supervised Release: 2 Years on each count, the terms to run concurrently. On 9/22/2017, Imprisonment: 57 Months on each count, the terms to Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 3 of 61 run concurrently. Supervised Release: 2 Years on each count, the terms to run concurrently. The terms of supervised release are subject to the following special conditions: The defendant shall provide the probation officer with any financial information and documentation he or she may request. 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (8) Imprisonment: 46 Months on each count, the terms to run concurrently. Supervised Release: 2 Years on each count, the terms to run concurrently. AMENDED ON 7/19/2017: Imprisonment: *57 Months on each count, the terms to run 16:3372.F PROHIBITED ACTS, concurrently.* Supervised Release: 2 Years on each OTHER THAN MARKING count, the terms to run concurrently. On 9/22/2017, OFFENSE (LACEY ACT) Imprisonment: 57 Months on each count, the terms to (8) run concurrently. Supervised Release: 2 Years on each count, the terms to run concurrently. The terms of supervised release are subject to the following special conditions: The defendant shall provide the probation officer with any financial information and documentation he or she may request. 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (19) Imprisonment: 46 Months on each count, the terms to run concurrently. Supervised Release: 2 Years on each count, the terms to run concurrently. AMENDED ON 7/19/2017: Imprisonment: *57 Months on each count, the terms to run 16:3372.F PROHIBITED ACTS, concurrently.* Supervised Release: 2 Years on each OTHER THAN MARKING count, the terms to run concurrently. On 9/22/2017, OFFENSE (LACEY ACT) Imprisonment: 57 Months on each count, the terms to (19) run concurrently. Supervised Release: 2 Years on each count, the terms to run concurrently. The terms of supervised release are subject to the following special conditions: The defendant shall provide the probation officer with any financial information and documentation he or she may request. Imprisonment: 46 Months on each count, the terms to run concurrently. Supervised Release: 2 Years on each count, the terms to run concurrently. AMENDED ON 7/19/2017: Imprisonment: *57 Months on each count, the terms to run 16:3372.F PROHIBITED ACTS, concurrently.* Supervised Release: 2 Years on each OTHER THAN MARKING count, the terms to run concurrently. On 9/22/2017, OFFENSE (LACEY ACT) Imprisonment: 57 Months on each count, the terms to (21) run concurrently. Supervised Release: 2 Years on each count, the terms to run concurrently. The terms of supervised release are subject to the following special conditions: The defendant shall provide the probation officer with any financial information and documentation he or she may request. 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (21) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 4 of 61 Highest Offense Level (Opening) Felony Terminated Counts Disposition 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (2−17) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (2−7) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (2−7) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (2−21) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (9−18) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (9−18) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (18−19) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (20−21) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (20) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (20) Highest Offense Level (Terminated) Felony Complaints Disposition None Assigned to: Judge Lewis A. Kaplan Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 5 of 61 Defendant (2) Jeffrey Noll represented by Eric M. Creizman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Frederick Phillip Hafetz Hafetz Necheles & Rocco One Grand Central PL, 60 East 42nd St. New York, NY 10165 212−997−7400 Fax: 212−997−7646 Email: fhafetz@hafetznecheles.com LEAD ATTORNEY Designation: Retained Mark A Berube (See above for address) TERMINATED: 07/30/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED Vincent Filardo, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Jared J. Scharf Jared J. Scharf, Esq. (Sole Practitioner 1025 Westchester Avenue, Suite 305 White Plains, NY 10604 (914) 682−9777 Fax: (914) 428−3199 Email: jaredscharf@crimtaxlaw.com ATTORNEY TO BE NOTICED Designation: Retained Joshua Samuel Sohn (See above for address) ATTORNEY TO BE NOTICED Designation: Retained Pending Counts Disposition 18:371.F CONSPIRACY TO Imprisonment: 30 Months on each count, the terms DEFRAUD THE UNITED to run concurrently. Supervised Release: 2 Years on STATES each count, the term to run concurrently. (1) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (2−17) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (2−7) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (2−21) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 6 of 61 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (8) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (9−18) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (18−19) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (19) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (20) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (20) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (21) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING OFFENSE (LACEY ACT) (21) Highest Offense Level (Opening) Felony Terminated Counts Disposition None Highest Offense Level (Terminated) None Complaints Disposition None Assigned to: Judge Lewis A. Kaplan Defendant (3) Grant Berman represented by Abraham S. Cho TERMINATED: 01/08/2015 Hearst Corporation Office Of General Counsel 300 West 57th Street, 40th Floor New York, NY 10019 Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 7 of 61 212−649−2029 Fax: 212−280−2029 Email: abrahamscho@gmail.com TERMINATED: 07/07/2014 Designation: Retained Daniel Seth Ruzumna Patterson, Belknap, Webb & Tyler LLP 1133 Avenue of the Americas New York, NY 10036 (212)336−2000 Fax: (212)336−1205 Email: druzumna@pbwt.com ATTORNEY TO BE NOTICED Designation: Retained Pending Counts Disposition 18:371.F CONSPIRACY TO DEFRAUD THE UNITED Imprisonment: TIME SERVED. SUpervised STATES Release: 18 months. (1s) Highest Offense Level (Opening) Felony Terminated Counts Disposition 18:371.F CONSPIRACY TO DEFRAUD THE UNITED Dismissed. STATES (1) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING Dismissed. OFFENSE (LACEY ACT) (2−21) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING Dismissed. OFFENSE (LACEY ACT) (2−4) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING Dismissed. OFFENSE (LACEY ACT) (2s) 18:545.F SMUGGLING GOODS INTO THE U.S. (EXCEPT Dismissed. NARCOTICS AND LIQUOR) (3s) 18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION Dismissed. (4s) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING Dismissed. OFFENSE (LACEY ACT) (5−21) Highest Offense Level (Terminated) Felony Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 8 of 61 Complaints Disposition None Assigned to: Judge Lewis A. Kaplan Defendant (4) David Bengis represented by Eric M. Creizman TERMINATED: 06/03/2004 (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Frank H. Wohl (See above for address) TERMINATED: 08/06/2003 LEAD ATTORNEY Designation: Retained Frank H. Wohl (See above for address) TERMINATED: 12/22/2011 LEAD ATTORNEY Designation: Retained Gustave H. Newman Newman, Schwartz, & Greenberg 950 Third Ave New York, NY 10022 212−308−7900 TERMINATED: 09/05/2003 LEAD ATTORNEY Designation: Retained Mark A Berube (See above for address) TERMINATED: 07/30/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED Pending Counts Disposition 18:371.F CONSPIRACY TO DEFRAUD THE UNITED Imprisonment: 12 months. Supervised Release: 1 STATES years. (1) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING All open counts are dismissed on the motion of the OFFENSE (LACEY ACT) US (2−21) Highest Offense Level (Opening) Felony Terminated Counts Disposition None Highest Offense Level (Terminated) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 9 of 61 None Complaints Disposition None Assigned to: Judge Lewis A. Kaplan Defendant (5) Shaun Levy represented by Henry Putzel, III TERMINATED: 09/22/2004 Law Office of Henry Putzel, Iii 565 Fifth Avenue, 9th Floor New York, NY 10017 (212) 661−0066 Fax: (212)−661−0415 Email: hputzel@earthlink.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Public Defender or Community Defender Appointment Pending Counts Disposition 18:371.F CONSPIRACY TO DEFRAUD THE UNITED Imprisonment: Time served. STATES (1) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING Imprisonment: Time served. OFFENSE (LACEY ACT) (2) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING Imprisonment: Time served. OFFENSE (LACEY ACT) (4−10) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING Imprisonment: Time served. OFFENSE (LACEY ACT) (12) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING Imprisonment: Time served. OFFENSE (LACEY ACT) (16−21) Highest Offense Level (Opening) Felony Terminated Counts Disposition 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING Count dismissed on the motion of the United OFFENSE (LACEY ACT) States. (3) 16:3372.F PROHIBITED ACTS, OTHER THAN MARKING Count dismissed on the motion of the United OFFENSE (LACEY ACT) States. (11) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 10 of 61 16:3372.F PROHIBITED ACTS, Count dismissed on the motion of the United OTHER THAN MARKING States. OFFENSE (LACEY ACT) (13−15) Highest Offense Level (Terminated) Felony Complaints Disposition None Plaintiff USA represented by Daniel Walter Levy U.S. Attorney's Office, SDNY (St Andw's) One St. Andrew's Plaza New York, NY 10007 (212) 637−2200 Fax: (212) 637−2429 Email: dlevy@mckoolsmith.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Marcus Aaron Asner Arnold & Porter Kaye Scholer LLP 250 West 55th Street New York, NY 10019 (212)−715−1789 Email: marcus.asner@apks.com LEAD ATTORNEY Alexander Joshua Wilson United States Attorney's Office, SDNY One Saint Andrew's Plaza New York, NY 10007 (212)−637−2453 Fax: (212)−637−2527 Email: Alexander.Wilson@usdoj.gov ATTORNEY TO BE NOTICED Janis Echenberg U.S. Attorney's Office, SDNY (St Andw's) One St. Andrew's Plaza New York, NY 10007 (212) 637−2597 Fax: (212) 637−2527 Email: janis.echenberg@usdoj.gov ATTORNEY TO BE NOTICED Jared P Lenow US Attorneys Office One St. Andrew's Plaza New York, NY 10007 (212) 637−1068 Email: jared.lenow@usdoj.gov ATTORNEY TO BE NOTICED Kiersten Ann Fletcher United States Attorney's Office, SDNY One Saint Andrew's Plaza New York, NY 10007 Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 11 of 61 212−637−2238 Fax: 212−637−2527 Email: kiersten.fletcher@usdoj.gov ATTORNEY TO BE NOTICED Date Filed # Docket Text 08/04/2003 1 SUPERSEDING INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2−21, Sealed Defendant 2 (2) count(s) 1, 2−21, Sealed Defendant 3 (3) count(s) 1, 2−21, Sealed Defendant 4 (4) count(s) 1, 2−21, Sealed Defendant 5 (5) count(s) 1, 2−21 (jm) (Entered: 08/08/2003) 08/04/2003 2 Arrest WARRANT issued as to Sealed Defendant 1 (jm) (Entered: 08/08/2003) 08/04/2003 3 Arrest WARRANT issued as to Sealed Defendant 2 (jm) (Entered: 08/08/2003) 08/04/2003 4 Arrest WARRANT issued as to Sealed Defendant 3 (jm) (Entered: 08/08/2003) 08/04/2003 5 Arrest WARRANT issued as to Sealed Defendant 4 (jm) (Entered: 08/08/2003) 08/04/2003 Indictment unsealed as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4, Sealed Defendant 5 (jm) (Entered: 08/08/2003) 08/04/2003 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Initial Appearance as to David Bengis held on 8/4/2003. (jw,) (Entered: 06/07/2004) 08/04/2003 Attorney update in case as to David Bengis. Attorney Frank H. Wohl for David Bengis added. (ja,) (Entered: 08/05/2004) 08/06/2003 6 ORDER as to Sealed Defendant 1, Sealed Defendant 2, Sealed Defendant 3, Sealed Defendant 4, Sealed Defendant 5, Unsealing Indictment (Signed by Magistrate Judge Henry B. Pitman); (jm) (Entered: 08/08/2003) 08/06/2003 7 ARREST WARRANT Returned Executed as to Arnold Maurice Bengis on 8/6/03 (ac) (Entered: 08/11/2003) 08/06/2003 8 NOTICE of Appearance for Arnold Maurice Bengis by Attorney Victor J. Rocco (ac) (Entered: 08/11/2003) 08/06/2003 9 CJA 23 Financial Affidavit as to Arnold Maurice Bengis:...Approved for apointment of counsel. (Signed by Magistrate Judge Kevin Nathaniel Fox) (ac) (Entered: 08/11/2003) 08/06/2003 First Appearance as to Arnold Maurice Bengis held Arraignment set for 8/6/03 for Arnold Maurice Bengis; before Magistrate Judge Kevin Nathaniel Fox. (ac) (Entered: 08/12/2003) 08/06/2003 Arraignment as to Arnold Maurice Bengis held Arnold Maurice Bengis (1) count(s) 1, 2−21 before Magistrate Judge Kevin Nathaniel Fox. AUSA Marcus Asner. Deft present w/Atty Vic Rocco. Deft pleads not guilty. Time excluded 8/6/03 to 8/29/03. PTC set for 8/29/03 9:30am before Judge Kaplan. (ac) (Entered: 08/12/2003) 08/06/2003 PLEA entered by Arnold Maurice Bengis. Court accepts plea. Not Guilty: Arnold Maurice Bengis (1) count(s) 1, 2−21 (Terminated motions −) (ac) (Entered: 08/12/2003) 08/06/2003 PRETRIAL CONFERENCE as to Arnold Maurice Bengis held before Magistrate Judge Kevin Nathaniel Fox. Bail hearing set for 8/8/03 at 11:30am. Deft needs to be evaluated by a health care professional upon arrival at a jail facility so that he may obtain needed medication. Time is excluded from 8/6/03 to 8/29/03. (ac) Modified on 08/12/2003 (Entered: 08/12/2003) 08/06/2003 PRETRIAL CONFERENCE as to Arnold Maurice Bengis set at 9:30 8/29/03 for Arnold Maurice Bengis (ac) (Entered: 08/12/2003) 08/06/2003 Bail hearing as to Arnold Maurice Bengis set for 11:30 8/8/03 for Arnold Maurice Bengis (ac) (Entered: 08/12/2003) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 12 of 61 08/06/2003 10 MEDICAL ORDER as to Arnold Maurice Bengis, The Deft needs to be evaluated by a healthcare professional upon arrival at a jail facility so that he may obtain needed medical attention. So Ordered. (Signed by Magistrate Judge Kevin Nathaniel Fox); (ac) (Entered: 08/12/2003) 08/08/2003 Bail hearing as to Arnold Maurice Bengis held before Magistrate Judge Andrew J. Peck. Defendant present with atty Victor Rocco. AUSA Marcus Asner present. $15 Million PRB, 5 FRP, Travel restricted to SDNY/EDNY, Strict Pretrial, Home Incarceration, Electronic Monitoring. Next hearing set for 8/29/03 at 9:30am with Judge Kaplan. (jw) (Entered: 08/25/2003) 08/11/2003 13 PRB BOND filed by David Bengis in Amount $ 1,500,000.00. Co−signed by defendant's wife and secured by $20,000 cash and property. (Home in Maine with an equity of $400,000.00). Travel limits include the SDNY and the district of Maine. Surrender of travel documents and no new applications. Strict pretrial supervision in Maine. Defendant may be released when his wife signs the bond. The remaining conditions are to be met by 8/8/03 at 5:00 p.m. (ph) (Entered: 08/19/2003) 08/11/2003 14 NOTICE of Appearance for David Bengis by Attorney Gustave H. Newman. (ph) (Entered: 08/19/2003) 08/11/2003 15 Order of advice of penalties and sanctions as to David Bengis. (ph) (Entered: 08/19/2003) 08/11/2003 Arraignment (on Disposition Sheet) as to David Bengis held David Bengis (4) count(s) 1, 2−21 before Magistrate Judge Andrew J. Peck. Defendant present with retained attorney Gus Newman. AUSA Marcus Asner. Not guilty plea entered. Time excluded through next conference 2 a.m. conference 8/29. (ph) (Entered: 08/19/2003) 08/11/2003 PLEA entered by David Bengis. Court accepts plea. Not Guilty: David Bengis (4) count(s) 1, 2−21 (ph) (Entered: 08/19/2003) 08/11/2003 PRETRIAL CONFERENCE as to David Bengis held before Magistrate Judge Andrew J. Peck. Time is excluded from 8/11/03 to 8/29/03. (ph) (Entered: 08/19/2003) 08/11/2003 PRETRIAL CONFERENCE as to David Bengis set at 8/29/03 for David Bengis. (ph) (Entered: 08/19/2003) 08/12/2003 18 PRB BOND filed by Arnold Maurice Bengis in Amount $ 15,000,000. Bail Modification on 8/12/03 by USMJ Peck. All other conditions remain except: (a) GPS Monitoring until Phone Line "Unspilt" for electronic monitoring. (b) Deft can be released today but by 8/18/03 must satisfy Gov't (1) Validate Appraisal. (2) Property Free of Encumberances. (3) Proof of Filing Gov't Mortgages. (jw) (Entered: 08/25/2003) 08/12/2003 19 Order of advice of penalties and sanctions as to Arnold Maurice Bengis (jw) (Entered: 08/25/2003) 08/13/2003 11 ORDER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy, to Continue in Interests of Justice time is excluded from 8/12/03 to 8/29/03 (Signed by Magistrate Judge Andrew J. Peck); [Microfilmed on 8/14/03 at 9:00 a.m.] (ph) (Entered: 08/14/2003) 08/14/2003 12 Filed Memo−Endorsement on letter: as to Jeffrey Noll, from Susan R. Necheles, Dated 8/13/03, addressed to: Honorable Andrew J. Peck Re: Permission to travel to San Antonio, Texas on August 21 until August 22, 2003 and to Las Vegas, Nevada on September 11 until September 15, 2003. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck); (kw) (Entered: 08/14/2003) 08/20/2003 16 Rule 40 Documents as to Jeffrey Noll received from Northern District of Georgia (ac) (Entered: 08/20/2003) 08/20/2003 17 Rule 40 Documents as to David Bengis received from District of Maine (ja) (Entered: 08/21/2003) 08/20/2003 ARREST of David Bengis in Maine (ja) (Entered: 08/21/2003) 08/28/2003 First Appearance as to Jeffrey Noll, Shaun Levy held before Judge Lewis A. Kaplan. (jw) (Entered: 09/02/2003) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 13 of 61 08/28/2003 Arraignment as to Jeffrey Noll, Shaun Levy held Jeffrey Noll (2) count(s) 1, 2−21, Shaun Levy (5) count(s) 1, 2−21 before Judge Lewis A. Kaplan. Defendant Jeffrey Noll present with atty Michelle Shapiro and Fred Hafetz. Defendant Noll was arraigned and entered a plea of not guilty. Defendant Shaun Levy was arraigned and entered a plea of not guilty. (jw) (Entered: 09/02/2003) 08/28/2003 PLEA entered by Jeffrey Noll, Shaun Levy. Court accepts plea. Not Guilty: Jeffrey Noll (2) count(s) 1, 2−21, Shaun Levy (5) count(s) 1, 2−21 (jw) (Entered: 09/02/2003) 08/28/2003 PRETRIAL CONFERENCE as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy held before Judge Lewis A. Kaplan. Time is excluded from 8/28/03 to 10/31/03. Initial Conference before District Judge Kaplan. AUSA Marcus A. Asner present. Court reporter Marvin Birnbaum present. Defendant Arnold Maruice Bengis (1) present with atty Victor J. Rocco. Defendant Arnold Bengis was previously arraigned. Defendant Jeffrey Noll present with attys Michelle Shapiro and Fred Hafetz. Defendant Grant Berman and atty Michael Berg were present by telephone. Defendant Berman will be arraigned on 10/3/03. Defendant David Bengis was present with attys Richard A. Greenberg and Gustave Newman. Defendant David Bengis was previously arraigned. Defendant Shaun Levy was present with atty Henry Putzel, III. The next conference will be held on 10/3/03 at 2:00pm. Defendant's motions are due by 10/31/03; Government response is due by 11/21/03; any defendant's reply briefs are due by 12/5/03. Trial is scheduled for 3/1/04 at 9:30am. Time from today through 10/31/03 is excluded from speedy trial calculations in the interests of justice. (jw) (Entered: 09/02/2003) 08/28/2003 PRETRIAL CONFERENCE as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy set at 2:00 10/3/03 for Arnold Maurice Bengis, for Jeffrey Noll, for Grant Berman, for David Bengis, for Shaun Levy (jw) (Entered: 09/02/2003) 08/28/2003 ORAL ORDER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy, set scheduling order deadlines: Motion Filing to 10/31/03 for Arnold Maurice Bengis, for Jeffrey Noll, for Grant Berman, for David Bengis, for Shaun Levy; Response to motion deadline 11/21/03 for USA; Reply to response to motion deadline 12/5/03 for Arnold Maurice Bengis, for Jeffrey Noll, for Grant Berman, for David Bengis, for Shaun Levy; Jury Trial for 9:30 3/1/04 for Arnold Maurice Bengis, for Jeffrey Noll, for Grant Berman, for David Bengis, for Shaun Levy; (Entered by Judge Lewis A. Kaplan) (jw) (Entered: 09/02/2003) 08/28/2003 Attorney update in case as to Jeffrey Noll. Attorney Frederick Phillip Hafetz for Jeffrey Noll added. (st,) (Entered: 06/15/2004) 08/28/2003 Attorney update in case as to Shaun Levy. Attorney Henry Putzel, III for Shaun Levy added. (ja,) (Entered: 09/28/2004) 09/05/2003 20 Stipulation and Order as to David Bengis, substituting attorney terminated attorney Lankler Siffert for David Bengis Added atty Gustave H. Newman (Signed by Judge Lewis A. Kaplan); (jw) (Entered: 09/08/2003) 09/09/2003 21 Fld. Certified Copies of papers from the transferring District of California (Southern) for defendant Grant Berman. Documents Received: Docket Sheet, Complaint, Minute Order Appointing Counsell, Personal Surety Bond, Warrant of Removal, Order of Removal, Waiver of Removal (ja) (Entered: 09/09/2003) 09/25/2003 22 Filed Memo−Endorsement on letter: as to David Bengis, from Victor J. Rocco, of Heller Ehrman, Attys, Dated 9/5/03, addressed to: Judge Kaplan Re: substitution of counsel, Subject's to the Court's approval, Gustave Newman is withdrawing from representing David Bengis in this matter and Frank Wohl of Lankler, Siffer & Wohl will be substituted in his stead. I understand a notice of substition has been submitted..., and defense counsel respectfully requests that the Court put this matter down for trial from 3/1/04 to 4/13/04, the date the Court originally tentatively set during our appearance for David Bengis. The Gov't does not oppose to this change in trial schedule. SO ORDERED. (Signed by Judge Lewis A. Kaplan); (ja) (Entered: 09/30/2003) 09/29/2003 Bail hearing on Dispostion Sheet as to Shaun Levy held before Magistrate Judge Ronald L. Ellis. Defendant present with atty Henry Patzel III, AUSA Marcus Asner present. Travel extended to Continental US. (jw) (Entered: 10/06/2003) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 14 of 61 09/29/2003 Change of Plea Hearing as to Shaun Levy held before Magistrate Judge Ronald L. Ellis. Defendant Shawn Levy present with atty Henry Putzell III. AUSA Marcus Asner, Defendant pleads guilty to ct 1,2,4,5,6,7,8,9,10,12,16,17,18,19,20 and 21 indictment. Consent signed, PSI ordered. Bail cont'd, sentence date set for 11/28/03 at 9:30, case assigned to Kaplan, J. for all purposes. (jw) (Entered: 10/06/2003) 09/29/2003 Change of Not Guilty Plea to Guilty Plea by Shaun Levy Shaun Levy (5) count(s) 1, 2, 4−10, 12, 16−21 (jw) (Entered: 10/06/2003) 09/29/2003 PLEA entered by Shaun Levy. Court accepts plea. Guilty: Shaun Levy (5) count(s) 1, 2, 4−10, 12, 16−21 (jw) (Entered: 10/06/2003) 09/29/2003 23 CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE ON A MISDEMEANOR PLEA ALLOCUTION by Shaun Levy (jw) (Entered: 10/07/2003) 10/03/2003 Status conference as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis held before Judge Lewis A. Kaplan. Time excluded from 10/3/03 to 1/12/04. AUSA Marcus A. Asner present. Court reporter Patricia Nilsen present. Defendant Arnold Maruice Bengis present with atty Victor J. Rocco. Defendant Jeffrey Noll present with attys Michelle Shapiro and Fred Hafetz. Defendant David Bengis was present with attys Frank Wohl. The curcio hearing concerning defendant Noll shall be commenced on 10/14/03 at 9:00am. Defendant's motions are due by 1/12/04; Government response is due by 2/12/04; any defendant's reply briefs are due by 2/26/04. Oral argument is set for 3/8/04 at 9:30am. Trial is re−scheduled for 5/10/04 at 9:30am. Time from today through 1/12/04 is excluded from speedy trial calculations in the interests of justice. (jw) (Entered: 10/07/2003) 10/03/2003 ORAL ORDER as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis, scheduling order deadlines: Motion Filing to 1/12/04 for Arnold Maurice Bengis, for Jeffrey Noll, for David Bengis; Response to motion deadline 2/12/04 for USA; Reply to response to motion deadline 2/26/04 for Arnold Maurice Bengis, for Jeffrey Noll, for David Bengis; Jury Trial for 5/10/04 for Arnold Maurice Bengis, for Jeffrey Noll, for David Bengis; (Entered by Judge Lewis A. Kaplan) (jw) (Entered: 10/07/2003) 10/03/2003 CURCIO Hearing as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis set at 9:00 10/14/03 for Arnold Maurice Bengis, for Jeffrey Noll, for David Bengis (jw) (Entered: 10/07/2003) 10/03/2003 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Initial Appearance as to Grant Berman held on 10/3/2003. (ja,) (Entered: 12/12/2003) 10/08/2003 24 TRANSCRIPT of record of proceedings as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy for dates of 8/28/03, before Judge Lewis A. Kaplan. (tr) (Entered: 10/08/2003) 10/09/2003 25 SEALED DOCUMENT as to Grant Berman (kre) (Entered: 10/09/2003) 10/09/2003 26 ORDER as to Shaun Levy, IT IS HEREBY ORDERED that the defendant's guilty plea is accepted. (Signed by Judge Lewis A. Kaplan); (ph) (Entered: 10/10/2003) 10/14/2003 CURCIO Hearing as to Jeffrey Noll held before Judge Lewis A. Kaplan. Defendant Noll present with attorneys Fred Hafetz and Michelle Shapiro. AUSA Marcus Asner present. Court reporter Martha Hess present. Curcio allocution conducted as to defendant Noll. (ph) (Entered: 10/16/2003) 10/15/2003 27 SEALED DOCUMENT as to Grant Berman (kre) (Entered: 10/15/2003) 10/17/2003 28 SEALED DOCUMENT as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy (wv) (Entered: 10/17/2003) 10/22/2003 29 Filed Memo−Endorsement on letter: by David Bengis, from Attorney Frank H. Wohl, Dated 10/1/03, addressed to: Judge Kaplan Re: requesting permission for the defendant to travel to Connecticut from 10/31/03 to 11/2/03, granting permission to Travel...Judge memo−endorsed: SO ORDERED. (Signed by Judge Loretta A. Preska); (ph) (Entered: 10/22/2003) 10/22/2003 30 Filed Memo−Endorsement on letter: by David Bengis, from Frank H. Wohl, Dated October 20, 2003, addressed to: Judge Kaplan Re: To Travel, to Travel to Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 15 of 61 Massachusetts on October 29, 2003 Judge's Memo−endorsed... SO ORDERED, (Signed by Judge Lewis A. Kaplan); (jw) (Entered: 10/22/2003) 11/05/2003 31 TRANSCRIPT of record of proceedings as to Shaun Levy for dates of 9/29/03, before Magistrate Judge Ronald L. Ellis. (df) (Entered: 11/05/2003) 11/05/2003 32 Filed Memo−Endorsement on letter: by David Bengis, from Attorney Frank H. Wohl, Dated 11/3/03, addressed to: Judge Kaplan Re: requesting that Mr. Bengis'conditions of release be modified to permit him to travel to Massachusetts for medical appointments, granting permission to Travel. Judge memo−endorsed: So ordered. (Signed by Judge Lewis A. Kaplan); (ph) Modified on 11/06/2003 (Entered: 11/06/2003) 11/13/2003 33 NOTICE OF ISSUES OF FOREIGN LAW PURSUANT TO FED.R.CRIM.P. 26.1 by Arnold Maurice Bengis, Jeffrey Noll, David Bengis. (ph) (Entered: 11/14/2003) 11/13/2003 34 NOTICE UNDER RULE 26.1 by USA of its intent to raise issues concerning the law of a foreign country as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. (ph) (Entered: 11/14/2003) 11/21/2003 35 Filed Memo−Endorsement on letter: by David Bengis, from Frank H. Wohl, Dated November 17, 2003, addressed to: Judge Kaplan Re: To Travel, to Travel to NYC to visit his father for Thanksgiving, from November 26, 2003 to November 30, 2003; To NYC to visit his father from December 22, 2003 to December 29, 2003; To Boston, Massachusetts to attend a holiday party with friends from December 6, 2003 to December 7, 2003 Judge's Memo−endorsed..SO ORDERED, (Signed by Judge Lewis A. Kaplan); (jw) (Entered: 11/22/2003) 11/21/2003 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Bond Hearing as to Arnold Maurice Bengis held on 11/21/2003. AUSA Marcus A. Asner present. Court Reporter Patricia Nilsen present. Special Agent Christopher Musto, NOAA, present. Pretrial Services Officer Leo Barrios present. Defendant's request for modification of bail is denied. (ph,) (Entered: 11/30/2003) 11/26/2003 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Curcio Hearing as to David Bengis held on 11/26/2003. Defendant David Bengis present with attorneys Frank Wohl and Lee Renzin. AUSA Marcus A. Asner present. Court Reporter present. Curcio hearing begun and concluded. (ph,) (Entered: 12/04/2003) 12/11/2003 36 TRANSCRIPT of Proceedings as to David Bengis, Jeffrey Noll, Arnold Maurice Bengis held on October 3, 2003, 2:00 p.m. before Judge Lewis A. Kaplan. (dt,) (Entered: 12/11/2003) 12/16/2003 37 TRANSCRIPT of Proceedings as to Jeffrey Noll held on October 14, 2003, 9:30 a.m. before Judge Lewis A. Kaplan. (dt,) (Entered: 12/16/2003) 12/17/2003 38 ENDORSED LETTER as to Shaun Levy, addressed to Judge Kaplan, from Henry Putzel, III, Atty for the dft, dated 11/11/03, re: a request for a modification of Mr. Levy's travel restrictions. The dft is currently released upon an unsecured personal recognizance bond in the amount of $250,000... His travel is restricted to the continental United States... −− Granted on consent of the Government, subject to dft providing additional security as set forth above. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/10/03)(ja,) (Entered: 12/19/2003) 01/06/2004 39 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis held on 11/21/03 before Judge Lewis A. Kaplan. (pr,) (Entered: 01/06/2004) 01/06/2004 40 TRANSCRIPT of Proceedings as to David Bengis held on 11/26/03 before Judge Lewis A. Kaplan. (pr,) (Entered: 01/06/2004) 01/06/2004 41 ENDORSED LETTER as to David Bengis, Grant Berman, Jeffrey Noll, Arnold Maurice Bengis, and Shaun Levy, addressed to Judge Kaplan, from Victor J. Rocco/Frank H. Wohl, Counsels to defendant David Benjis, dated 12/30/03, re: The defendants are actively engaged in plea negotiations with the government... As a result of these negotiations, the defendants have agreed not to make any motions concerning the present indictment... We have discussed the foregoing with our respective clients, and have explained the consequences of agreeing not to make motions. −− In view of the discussions and need for trial preparation, and the complexity of the case, the Court Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 16 of 61 finds the interest of justice served by excluding time for Speedy Trial Act purposes outweighs the interests of the defendants and the public in a speedy trial and excludes time through 4/1/04. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/5/04)(ja,) (Entered: 01/09/2004) 01/12/2004 42 ENDORSED LETTER as to Arnold Maurice Bengis, addressed to Judge Kaplan, from Frank H. Wohl, Atty for the dft, dated 1/6/04, re: a request that Mr. Bengis's bail conditions be modified to permit him to take the following trips: 1) to Boston, MA to attend a meeting of business associates from 1/12/04 to 1/13/04; and 2) to Las Vegas, NV, to attend a self−storage industry trade show from 2/8/04 to 2/12/04. −− SO ORDERED. (Signed by Judge Barbara S. Jones on 1/9/04)(ja,) (Entered: 01/15/2004) 01/22/2004 43 ENDORSED LETTER as to David Bengis addressed to Judge Kaplan from Attorney Lee Renzin dated 1/19/04 re: requesting permission for the defendant to travel to Tyngboro, Massachusetts on 1/22/04 and also to permit the defendant to travel outside the Southern Distric of New York and the District of Maine. Judge memo−endorsed: So ordered on consent. (Signed by Judge Lewis A. Kaplan on 1/21/04)(ph,) (Entered: 01/27/2004) 01/22/2004 44 MEMO ENDORSEMENT as to David Bengis. This letter is submitted to request that Mr. Bengis's bail conditions be modified to permit him to travel to Tyngsboro, Massachusetts on 1/20/04 to inspect property in connection with a potential business venture... With regard to past requests, we have been requested to provide Your Honor with contact information for Mr. Bengis's pretrial services officer. That information is Mr. Dan Kelly, United States Probation Office, 537 Congress St., Suite 305, Portland, Maine 04101. −− SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/22/04)(ja,) (Entered: 02/02/2004) 02/20/2004 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to David Bengis, Jeffrey Noll, Arnold Maurice Bengis held on 2/20/2004. AUSA Marcus A. Asner present. Court Reporter Ann Hariston present. Attorney Victor Rocca and Eric Creizman present for defendant Arnold Bengis. Attorney Frederick Hafetz present for defendant Jeffrey Noll. Attorneys Frank Wohl and Lee Renzin present for defendant David Bengis. All three defendants not present. Court reporter Ann Hairston present. (ph,) (Entered: 02/24/2004) 02/27/2004 45 Letter by Arnold Maurice Bengis addressed to Judge Kaplan from Attorney Victor J. Rocco dated 2/25/04 re: the defendant acknowledging his rights to having been present at the 2/20/04 conference and requesting that time between now and May 10, 2004 be excluded under the Speedy Trial Act. (ph,) (Entered: 02/27/2004) 02/27/2004 46 Letter by David Bengis addressed to Judge Kaplan from Frank H. Wohl dated February 25, 2004 re: Requesting that the time between now and May 10, 2004 be excluded from the limits calculated under the Speedy Trial Act and agreeing not to seek an adjournment of the trial date if the government files a superseding indictment by March 10, 2004 (jw,) (Entered: 03/01/2004) 02/27/2004 47 Letter by Jeffrey Noll addressed to Judge Kaplan from Frederick P. Hafetz dated February 26, 2004 re: Requesting during the February 20, 2004 conference, enclosed is a letter signed by defendant Jeffrey Noll acknowledging that he waived his right to attend that conference; requesting that the time between now and May 10, 2004 be excluded from the limits calculated under th Speedy Trial Act and agreeing not to seek an adjournment of the trial date if the government files a superseding indictment on or before March 10, 2004. (jw,) (Entered: 03/01/2004) 03/02/2004 Minute Entry for proceedings held before Judge Ronald L. Ellis:Change of Plea Hearing as to Jeffrey Noll held on 3/2/2004. Defendant Noll present with atty Frederick Hafetz. AUSA Marcus Asner., Court reporter present. Consent signed, Defendant plead guilty to count 1,18,19 and 21 indictment. PSI ordered. Bail cont'd. Sentence date May 28, 2004 (5/28/04) at 10:00am. Case assigned to Judge Kaplan, For all purposes. (jw,) (Entered: 03/08/2004) 03/02/2004 Change of Not Guilty Plea to Guilty Plea as to Jeffrey Noll (2) Count 1,18−19,21. (jw,) (Entered: 03/08/2004) 03/02/2004 Minute Entry for proceedings held before Judge Ronald L. Ellis: Plea entered by Jeffrey Noll (2) Guilty as to Count 1,18−19,21. (jw,) (Entered: 03/08/2004) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 17 of 61 03/02/2004 ORDER FOR PRE−SENTENCE INVESTIGATION REPORT as to Jeffrey Noll (Signed by Judge Ronald L. Ellis on 3/2/04)(jw,) (Entered: 03/08/2004) 03/02/2004 Minute Entry for proceedings held before Judge Ronald L. Ellis: as to Jeffrey Noll; Sentencing set for 5/28/2004 10:10 AM before Magistrate Judge Ronald L. Ellis. (jw,) (Entered: 03/08/2004) 03/02/2004 48 CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Jeffrey Noll. (jw,) (Entered: 03/09/2004) 03/02/2004 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Change of Plea Hearing as to Arnold Maurice Bengis held on 3/2/2004. Dft Bengis pres w/atty Victor J. Rocco. AUSA Marcus Asner and Court rptr pres. Consent signed. Dft pled Guilty to Count 1, 18, 19, and 21 of the Indictment. PSI ordered. Bail cont'd. Sentencing set for 5/28/2004 10:10 AM before Judge Lewis A. Kaplan. Case assigned to Judge Kaplan for all purposes. (ja,) (Entered: 03/09/2004) 03/02/2004 Change of Not Guilty Plea to Guilty Plea as to Arnold Maurice Bengis (1) Count 1, 18−19, and 21. (ja,) (Entered: 03/09/2004) 03/02/2004 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Plea entered by Arnold Maurice Bengis (1) Guilty as to Count 1, 18−19, and 21. (ja,) (Entered: 03/09/2004) 03/02/2004 ORDER FOR PRE−SENTENCE INVESTIGATION REPORT as to Arnold Maurice Bengis. (Signed by Judge Lewis A. Kaplan on 3/2/04)(ja,) (Entered: 03/09/2004) 03/02/2004 49 CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Arnold Maurice Bengis. (ja,) (Entered: 03/09/2004) 03/17/2004 50 ENDORSED LETTER as to David Bengis addressed to Judge Kaplan from Frank H. Wohl dated March 11, 2004 re: Requesting the Court's approval of adjournment of the date for the government's permission to file a superseding indictment, without modification of the trial date, from March 10 to March 26, 2004. Judge's Memo−endorsed..Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/16/04)(jw,) (Entered: 03/18/2004) 03/26/2004 51 ORDER as to Jeffrey Noll. Whereas, with the defendant Jeffrey's consent, his guilty plea allocution was taken before a Magistrate Judge on March 2, 2004; It is hereby ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/24/04)(jw,) (Entered: 03/26/2004) 04/01/2004 52 TRANSCRIPT of Proceedings as to David Bengis, Jeffrey Noll, Arnold Maurice Bengis held on 2/20/04 before Judge Lewis A. Kaplan. (jco,) (Entered: 04/01/2004) 04/02/2004 Minute Entry for proceedings held before Judge Andrew J. Peck:Change of Plea Hearing as to David Bengis held on 4/2/2004. Dft pres w/counsel Wohl. AUSA Asner pres. Court rptr pres. Dft entered guilty Plea as to Count 1 of the Indictment. PSI ordered. Sentencing set for 5/28/2004 10:00 AM before Judge Lewis A. Kaplan, Room 12D. Bail continued. (ja,) (Entered: 04/12/2004) 04/02/2004 ORDER FOR PRE−SENTENCE INVESTIGATION REPORT as to David Bengis. (Signed by Judge Andrew J. Peck on 4/2/04)(ja,) (Entered: 04/12/2004) 04/02/2004 53 CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A PLEA ALLOCUTION by David Bengis. (ja,) (Entered: 04/12/2004) 04/14/2004 54 ORDER as to Arnold Maurice Bengis. Whereas, with the defendant Arnold Maurice Bengis's consent, his guilty plea allocution was taken before a Magistrate Judge on March 2, 2004; It is hereby ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/24/04)(jw,) (Entered: 04/15/2004) 04/14/2004 55 ORDER as to David Bengis. Whereas, with the defendant David Bengis's consent, his guilty plea allocution was taken before a Magistrate Judge on April 2, 2004; It is hereby ORDERED that the defendant's guilty plea is accepted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/13/04)(jw,) (Entered: 04/15/2004) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 18 of 61 04/26/2004 56 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis held on 3/2/2004 before Judge Ronald L. Ellis. (jmi,) (Entered: 04/26/2004) 04/26/2004 58 Letter addressed to Judge Kaplan from deft David Bengis, dated 3/25/04 re: submitted to express his consent to a further extension of the govt's date to file a superseding indictment. (bw,) (Entered: 04/27/2004) 04/27/2004 57 TRANSCRIPT of Proceedings as to Jeffrey Noll held on 3/2/04 before Judge Ronald L. Ellis. (ps,) (Entered: 04/27/2004) 05/21/2004 59 SENTENCING MEMORANDUM by Jeffrey Noll. (jw,) (Entered: 05/24/2004) 05/21/2004 60 Memorandum on Behalf of Defendant Arnold Maurice Bengis, Jeffrey Noll, and David Bengis in Support of a Downward Depature from the Sentencing Guidelines as to David Bengis, Jeffrey Noll, Arnold Maurice Bengis. (jw,) (Entered: 05/25/2004) 05/26/2004 61 Letter by USA as to David Bengis, Arnold Maurice Bengis addressed to Judge Kaplan from Marcus A. Asner dated May 26, 2004 re: The Government respectfully submits this letter in opposition to the motions of defendants Arnold Maurice Bengis and David Bengis to file under seal the Sentencing Memoranda each of them has submitted in advance of their sentencing. Accordingly, because of the public interest in open Court proceedings, we respectfully oppose their motions to seal. (jw,) (Entered: 05/28/2004) 05/26/2004 62 MEMORANDUM OF LAW by USA as to David Bengis, Jeffrey Noll, Arnold Maurice Bengis in opposition to defendants' Joint Motion for a Departure from the Applicable Sentencing Guidelines Range. (bw,) (Entered: 05/28/2004) 05/28/2004 63 ENDORSED LETTER as to Arnold Maurice Bengis addressed to Judge Kaplan from Victor J. Rocco dated May 25, 2004 re: Sentencing Memorandum be filed under seal, we enclosed a proposed order directing that sealing. Judge Memo−endorsed..Denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/27/04)(jw,) (Entered: 06/02/2004) 05/28/2004 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Sentencing held on 5/28/2004 for David Bengis (4) Count 1. (jw,) (Entered: 06/07/2004) 05/28/2004 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Sentencing held on 5/28/2004 for Arnold Maurice Bengis (1) Count 1,8,19,21. (bw,) (Entered: 06/08/2004) 05/28/2004 DISMISSAL OF COUNTS on Government Motion as to Arnold Maurice Bengis (1) Count 2−7,9−18,20.(bw,) (Entered: 06/08/2004) 05/28/2004 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Sentencing held on 5/28/2004 for Jeffrey Noll (2) Count 1,8,19,21. (bw,) (Entered: 06/09/2004) 05/28/2004 DISMISSAL OF COUNTS on Government Motion as to Jeffrey Noll (2) Count 2−7,9−18,20. (bw,) (Entered: 06/09/2004) 06/03/2004 Payment of Fine from Arnold Maurice Bengis in the amount of $400.00. Date Received: 6/3/04. (mn,) (Entered: 06/03/2004) 06/03/2004 DISMISSAL OF COUNTS on Government Motion as to David Bengis (4) Count 2−21.(jw,) (Entered: 06/07/2004) 06/03/2004 70 JUDGMENT In A Criminal Case (S1−03−Cr−308−01). Defendant's Attorney: Victor J. Rocco. Defendant Arnold Maurice Bengis (1) pleaded guilty to Count(s) 1, 8, 19, 21. All open counts are dismissed on the motion of the United States. The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is ordered that the defendant must notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances. The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 46 MONTHS ON EACH COUNT, THE TERMS TO RUN CONCURRENTLY. The voluntary surrender date and the terms of the defendants bail pending surrender shall be determined by a Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 19 of 61 separate order. The court makes the following recommendations to the Bureau of Prisons: That consistent with the security classification of the defendant that he be designated to FPC Allenwood.; Upon release from imprisonment, the defendant shall be on supervised release for a term of: 2 YEARS ON EACH COUNT, THE TERMS TO RUN CONCURRENTLY. See page four (4) for special conditions of supervised release. The above drug testing condition (p.3 of judgment) is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. Special Conditions of Supervision (p.4 of judgment). The defendant shall pay an assessment of $400. The determination of restitution is deferred until 7/27. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows: Lump sum payment of $400 due immediately. Additional Forfeited Property: The defendant shall forfeit to the United States the sum of $5,900,000.00. (Signed by Judge Lewis A. Kaplan on 6/3/04)(bw,) (Entered: 06/09/2004) 06/03/2004 71 JUDGMENT In A Criminal Case (S1−03−Cr−308−02). Defendant's Attorney: Frederick P. Hafetz. Defendant Jeffrey Noll (2) pleaded guilty to Count(s) 1, 8, 19, 21. All open counts are dismissed on the motion of the United States. The defendant is sentenced as provided in pages 2 through 7 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is ordered that the defendant must notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances. The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of: 30 MONTHS ON EACH COUNT, THE TERMS TO RUN CONCURRENLTY. The defendant shall surrender to the BOP at a time and place designated by it for the commencement of the service of his sentence. That date shall not be earlier than 8/1/04. If for any reason the defendant has not surrendered on or before 8/9/04 he is to surrender on August 9th to the U.S. Marshal on the fourth floor of 500 Pearl St., New York, N.Y., before 2 p.m. The court makes the following recommendations to the Bureau of Prisons: That consistent with the security classification of the defendant that he be designated to Montgomery FPC.; Upon release from imprisonment, the defendant shall be on supervised release for a term of: 2 YEARS ON EACH COUNT, THE TERMS TO RUN CONCURRENLTY. See page four (4) for special conditions of supervised release. The above drug testing condition (p.3 of judgment) is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. Special Conditions of Supervision (p.4 of judgment). The defendant shall pay an assessment of $400. The determination of restitution is deferred until 7/27. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows: Lump sum payment of $400 due immediately. Additional Forfeited Property: The defendant shall forfeit to the United States the sum of $5,900,000.00. (Signed by Judge Lewis A. Kaplan on 6/3/04)(bw,) (Entered: 06/09/2004) 06/03/2004 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Bond Hearing as to Arnold Maurice Bengis held on 6/3/2004. Defendant Arnold Bengis present with attorneys Victor Rocco and Eric Creizman. AUSA Marcus A. Asner present. Court Reporter present. Bail hearing to be continued on 6/4/04. Defendant remains released on bail. (ph,) (Entered: 06/22/2004) 06/03/2004 84 FILED JUDGMENT IN CRIMINAL CASE as to David Bengis (4), Count(s) 2−21 are dismissed on the motion of the U.S. The defendant David Bengis pleaded guilty to Count(s) 1. Imprisonment: 12 months. The defendant shall surrender to the BOP at a time and place designated by it for the commencement of the service of his sentence. That date shall not be earlier than 8/1/04. If for any reason the defendant has not surrendered on or before 8/9/04 he is to surrender on 8/9/04 to the U.S. Marshal on the fourth floor of 500 Pearl St., New York, NY before 2 p.m. Supervised Release: 1 year. SA: $25.00. (Signed by Judge Lewis A. Kaplan on 6/3/04)(ja,) (Entered: 09/02/2004) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 20 of 61 06/04/2004 66 ORDER OF FORFEITURE as to Arnold Maurice Bengis. Therefore, It is ORDERED, ADJUDGED and DECREED that: 1. The defendant's right, title and interest in the sum of $5,900,000 in US currency, entered in a money judgment, is forfeited to the US for disposition in accordance with the law, subject to the provisions of Title 21 USC 853(g). (Signed by Judge Lewis A. Kaplan on 5/28/04)(jw,) (Entered: 06/07/2004) 06/04/2004 67 ORDER OF FORFEITURE as to Jeffrey Noll. Therefore, it is ORDERED, ADJUDGED and DECREED that: 1. The defendant's right, title and interest in the sum of $5,900,000 in US currency, entered in a money judgment, forfeited to the US for disposition in accordance with the law, subject to the provisions of Title 21 USC 853(g). SO ORDERED (Signed by Judge Lewis A. Kaplan on 5/28/04)(jw,) (Entered: 06/07/2004) 06/04/2004 68 ORDER OF FORFEITURE as to David Bengis. Therefore, It is ORDERED, ADJUDGED and DECREED that: 1. The defendant's right, title and interest in the sum of $1,500,000 US currency, entered in a money judgment, is forfeited to the US for disposition in accordance with the law, subject to the provisions of Title 21 USC 853(g). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/28/04)(jw,) (Entered: 06/08/2004) 06/04/2004 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Bond Hearing as to Arnold Maurice Bengis held on 6/4/2004. Defendant Arnold Bengis present with attorneys Victor Rocco and Eric Creizman. AUSA Marcus A. Asner present. Court Reporter present. Defendant Arnold Bengis voluntarily surrendereed to the U.S. Marshal's service. (ph,) (Entered: 06/22/2004) 06/07/2004 64 TRANSCRIPT of Proceedings as to David Bengis, Jeffrey Noll, Arnold Maurice Bengis held on 5/28/04 before Judge Lewis A. Kaplan. (dfe,) (Entered: 06/07/2004) 06/07/2004 65 TRANSCRIPT of Proceedings as to David Bengis, Jeffrey Noll, Arnold Maurice Bengis held on 5/28/04 before Judge Lewis A. Kaplan. (dfe,) (Entered: 06/07/2004) 06/07/2004 69 ORDER to the U.S. Marshal, S.D.N.Y. as to Arnold Maurice Bengis. The deft is ordered remanded into the custody of the U.S. Marshal. (Signed by Judge Lewis A. Kaplan on 6/4/04)(bw,) (Entered: 06/08/2004) 06/09/2004 Judgment entered in money judgment book as #04,1110 as to Arnold Maurice Bengis in the amount of $ 400, re: 70 Judgment. (bw,) (Entered: 06/09/2004) 06/09/2004 Judgment entered in money judgment book as #04,1109 as to Jeffrey Noll in the amount of $ 400, re: 71 Judgment. (bw,) (Entered: 06/09/2004) 06/09/2004 Judgment entered in money judgment book as #04,1109 as to Jeffrey Noll in the amount of $ 400, re: 71 Judgment. (bw,) (Entered: 06/15/2004) 06/14/2004 72 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis held on JUNE 4, 2004, 12:40 p.m. before Judge Lewis A. Kaplan. (dt,) (Entered: 06/14/2004) 06/14/2004 73 TRANSCRIPT (CORRECTED) of Proceedings as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis held on 5/28/04 before Judge Lewis A. Kaplan. (pa,) (Entered: 06/14/2004) 06/14/2004 74 TRANSCRIPT of Proceedings as to David Bengis held on 6/3/04 before Judge Lewis A. Kaplan. (pa,) (Entered: 06/14/2004) 06/14/2004 75 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis held on June 3, 2004, 3:30 p.m. before Judge Lewis A. Kaplan. (dt,) (Entered: 06/14/2004) 06/14/2004 76 SENTENCING MEMORANDUM on behalf of Defendant Arnold Maurice Bengis. (jw,) (Entered: 06/15/2004) 06/14/2004 77 Exhibits to Sentencing Memorandum on behalf of Defendant Arnold Maurice Bengis. (jw,) (Entered: 06/15/2004) 07/14/2004 78 ENDORSED LETTER as to David Bengis addressed to Judge Kaplan from Attorney Frank H. Wohl dated 7/8/04 re: submitted to renew defense request that deft David Bengis' Sentencing Memorandum and exhibits be sealed and impounded. JUDGE GRANTED. (Signed by Judge Lewis A. Kaplan on 7/13/04)(bw,) (Entered: 07/20/2004) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 21 of 61 07/27/2004 Payment of Fine from Jeffrey Noll in the amount of $400.00. Date Received: 7/27/04. (mn,) (Entered: 07/27/2004) 07/27/2004 79 Letter by USA as to Arnold Maurice Bengis addressed to Judge Kaplan from Marcus A. Asner dated July 23, 2004 re: Enclose please find a copy of a report we received this morning from South Africa addressing the issue of restitution. (jw,) (Entered: 07/28/2004) 07/27/2004 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference (Restitution Hearing) as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis held on 7/27/2004. AUSA Marcus A. Asner pres. Court reporter pres. Defendant Arnold Bengis (1) presence is waived but attorneys Victor Rocco and Eric Creizman were present. Defendant Jeffrey Noll (2) presence was waived but attorney Frederick Hafetz was present. Defendant David Bengis (4) was waived but attorneys Frank Wohl and Lee Renzin were present. Concerning the issue of defendant Arnold Bengis (1) financial affidavit the defendants have until 8/3/04 to file a brief; the Government has until 8/10/04 to file an opposition. All other defendants briefs regarding restitution are due by 9/15/04; the Government's opposition is due by 10/8/04; defendants reply briefs are due by 10/15/04. Regarding factual proceedings an agreed upon proposal is due to be submitted by 8/11/04. The 90 day rule for determination of restitution after sentencing is waived. (jw,) (Entered: 08/02/2004) 08/02/2004 82 Judgment Returned Executed for 71 Judgment as to Jeffrey Noll on 8/2/04. Defendant committed to FPC Montgomery, AL at Maxwell AFB. (jw,) (Entered: 08/20/2004) 08/16/2004 81 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis held on July 27, 2004 before Judge Lewis A. Kaplan. (ps,) (Entered: 08/16/2004) 08/20/2004 83 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis held on 7/27/2004 before Judge Lewis A. Kaplan. (jsa,) (Entered: 08/20/2004) 08/27/2004 85 ORDER as to Arnold Maurice Bengis. The defendant was convicted on his plea of guilty of one count of conspiracy to defraud the US and three counts of violation of the Lacey Act and sentenced principally to a term of imprisonment of 46 months. The present controversy concerns the determination of restitution, which the Court has deferred with the consent of the parties. Specifically, the government seeks access to the financial affidavit that defendant submitted to the Probation Department, a request that the defendant vigorously resists. Accordingly, the Probation Department is directed to submit, on or before September 15, 2004, an amended presentence report containing the defendant's entire financial affidavit. In view of the foregoing, the government's application is moot. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/25/04)(jw,) (Entered: 09/07/2004) 09/03/2004 Judgment entered in money judgment book as #04,1634 as to David Bengis in the amount of $ 25.00, re: 84 Judgment. (ja,) (Entered: 09/07/2004) 09/09/2004 86 ENDORSED LETTER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy addressed to Judge Kaplan, from Marcus A. Asner, AUSA, dated 8/11/04, re: the Government respectfully submits this ltr to advise the Crt of the parties' proposed procedure to resolve any dispute concerning the appropriate measure and amount of loss. Counsel for parties have agreed to the following schedule: dfts w/file and serve their submission within 60 days of today; the Gov't if it chooses will have until 11/12 (31 days) to reply. The parties expect to use the period between 10/12 and 11/12 to try to resolve any remaining factual dispute... −− Judge memo endorsed: Schedule approved. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/7/04)(ja,) (Entered: 09/09/2004) 09/15/2004 87 MEMORANDUM OF LAW in Support by Arnold Maurice Bengis, Jeffrey Noll, David Bengis of their Joint Motion to Preclude And/Or Limit Restitution. (bw,) (Entered: 09/22/2004) 09/21/2004 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Sentencing held on 9/21/2004 for Shaun Levy (5) Counts 1, 2, 4−10, 12, 16−21. (ja,) (Entered: 09/28/2004) 09/22/2004 DISMISSAL OF COUNTS on Government Motion as to Shaun Levy (5) Count 3, 11, 13−15.(ja,) (Entered: 09/28/2004) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 22 of 61 09/22/2004 88 FILED JUDGMENT IN A CRIMINAL CASE as to Shaun Levy (5), Count(s) 3, 11, 13−15 are dismissed on the motion of the United States. The defendant Shaun Levy pleaded guilty to Count(s) 1, 2, 4−10 12, 16−21, Imprisonment: Time served. No term of supervised release was imposed. SA: $400.00 is due immediately. Restitution: $10.00 was ordered conditionally. In the event that restitution is imposed against defendant Arnold Bengis, 03cr308−1(LAK), it is also imposed against defendant Shaun Levy jointly and severally, but only as to the first $10 of any such judgment with respect to Mr. Bengis. (Signed by Judge Lewis A. Kaplan on 9/22/04)(ja,) (Entered: 09/28/2004) 09/30/2004 Judgment entered in money judgment book as #04, 1785 as to Shaun Levy in the amount of $ 410, re: 88 Judgment (jw,) (Entered: 10/01/2004) 10/12/2004 89 ENDORSED LETTER as to Arnold Maurice Bengis addressed to Judge Kaplan from Attorney Barry A. Bohrer dated 10/6/04 re: requesting a new schedule for the remaining briefs and expert reports dealing with the restitution issue. The government will file its opposition brief on or before 10/18/04. Defendants will file their reply brief on or before 10/18/04. The defendants will also file and serve their expert report(s) on or before 11/1/04. The Government if it chooses then will have until 12/1/04 to reply. Judge memo−endorsed: Granted on consent. SO ORDERED. (Signed by Judge Harold Baer, Part I on 10/7/04)(ph,) (Entered: 10/13/2004) 10/12/2004 Set/Reset Deadlines/Hearings as to Arnold Maurice Bengis: Government Replies due by 10/18/2004. Defendant Response due by 10/28/2004.(ph,) (Entered: 10/13/2004) 10/12/2004 90 STIPULATION AND ORDER as to Arnold Maurice Bengis. Regarding substitution of counsel. Deft's prior counsel Victor J. Rocco of Heller Ehrman White & McAuliffe, LLP.Counsel to be substituted is BARRY A. BOHRER, to represent deft for the remainer of the case.ORDERED That Barry A. Bohrer, be substituted as Deft's counsel of record in these proceedings. (Signed by Judge Harold Baer on 12/6/04)(pr,) (Entered: 10/14/2004) 10/12/2004 Attorney update in case as to Arnold Maurice Bengis. Attorney Barry A. Bohrer for Arnold Maurice Bengis added. Attorney Victor J. Rocco terminated..(pr,) (Entered: 10/14/2004) 10/18/2004 91 MEMORANDUM OF LAW in Opposition to Defendants' Joint Motion to Preclude and/or Limit Restitution by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. (ph,) (Entered: 10/22/2004) 10/26/2004 Payment of Fine from Shaun Levy in the amount of $400.00. Date Received: 10/26/04. (mn,) (Entered: 10/26/2004) 10/26/2004 Payment of restitution from Shaun Levy in the amount of $6,000.00. Date Received: 10/26/04. (mn,) (Entered: 10/26/2004) 10/28/2004 92 Reply Memorandum on Behalf of Defendants Arnold Maurice Bengis, Jeffrey Noll and David Bengis in further support of their joint motion to preclude and/or limit restitution (jw,) (Entered: 10/29/2004) 11/01/2004 93 TRANSCRIPT of Proceedings as to Shaun Levy held on 9/21/04 before Judge Lewis A. Kaplan. (Belfiore, John) (Entered: 11/01/2004) 11/01/2004 94 Letter by Barry A. Bohrer, submitted on behalf of Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy, addressed to Judge Kaplan, from Barry A. Bohrer, dated 11/1/04, RE: Expert Report of Trond Bjorndal, Ph.D. and Expert Report by Dan Baird MSc, Ph.D., Pr.Sci.Nat, addressing issues raised by the Govt's submissions in support of its claim for restitution in this matter, as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (ja,) (Entered: 11/04/2004) (Entered: 11/04/2004) 11/05/2004 95 AMENDED JUDGMENT IN A CRIMINAL CASE (Correction of Sentence for Clerical Mistake) as to Shaun Levy (5), Count(s) 1, 12, 16−21, 2, 4−10, Imprisonment: Time served.; Count(s) 11, 13−15, 3, Count dismissed on the motion of the United States. Special Assessment of $400 which is due immediately. Fine of $6000 and Restitution of $10.00. (Signed by Judge Lewis A. Kaplan on 11/5/04)(jw,) (Entered: 11/09/2004) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 23 of 61 11/10/2004 Judgment entered in money judgment book as #04, 1785 as to Shaun Levy in the amount of $ 6410, re: 95 Amended Judgment (jw,) (Entered: 11/12/2004) 12/02/2004 96 ENDORSED LETTER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy addressed to Judge Lewis A. Kaplan from Marcus A. Asner dated 11/30/04 re: parties respectfully requests that the due date for the Government's reply to the defendants' expert reports be adjourned for three weeks until 12/22/04. Granted. (Signed by Judge Lewis A. Kaplan on 12/1/04)(kw,) (Entered: 12/08/2004) 01/13/2005 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis held on 1/13/2005. Defendant Arnold Bengis not present but attys Barry Boherer and Daniel Rashbaum present. Defendant Jeffrey Noll not present but atty Frederick Hafetz present. Defendant David Bengis not present but attys Frank Wohl and Lee Renzin present. AUSA Marcus Asner present. Court reporter Amy Rivera present. Defendants are given until 1/31/05 to submit any response to the revised OLRAC report. (jw,) (Entered: 01/21/2005) 01/21/2005 98 ORDER as to Arnold Maurice Bengis. 1) Paragraph 20 of the opinion of Marius Deimont of the Dept of Enviro Affairs and Tourism of the Republic of South Africa states: "West coast and south coast rock lobster illegally caught by Hout Bay Fishing Industries, (Pty) Ltd were forfeited to the State in terms of court proceedings. The State consequently acquired ownership of these resources."... The Gov't is directed to clarify this point by serving and filing a supplemental statement by Mr. Diemont on or before 2/4/05; and 2) The Court will hear Oral Argument set for 2/9/2005 10:00 AM on the legal issues pending w/respect to restitution before Judge Lewis A. Kaplan, in Crtrm 12D. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/21/05) Copies Mailed By Chambers.(ja,) (Entered: 02/03/2005) 01/21/2005 99 SATISFACTION OF JUDGMENT as to Shaun Levy, for the fine in the amount of $6,000.00 and the special assessment in the amount of $400.00, amounting in all to the sum of $6,400.00. Judgment entered in the Judgment Book of the U.S.D.C. for the S.D.N.Y. on the 5th day of November 2004. (bw,) (Entered: 02/07/2005) 02/01/2005 97 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis held on 1/13/05 before Judge Lewis A. Kaplan. (Martin, Leslie) (Entered: 02/01/2005) 02/09/2005 Payment of restitution from Shaun Levy in the amount of $10.00. Date Received: 2/9/05. (mn,) (Entered: 02/09/2005) 03/10/2005 100 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis held on 1/13/2005 before Judge Lewis A. Kaplan. (kj,) (Entered: 03/10/2005) 05/05/2005 101 STIPULATION AND ORDER as to Grant Berman; that Condition number one of deft Berman's Pretrial Release Conditions be modified in that he be allowed to travel to Mexico from 5/7/2005 to 5/21/2005, and further that deft Berman's passport and Green card are to be released to him or his atty Michael S. Berg, and that deft Berman or Mr. berg will surrender such Passport and Green Card on or about 5/22/2005, following deft Berman's return from Mexico. (Signed by Judge Thomas P. Griesa on 5/4/2005)(jp,) (Entered: 05/10/2005) 05/20/2005 102 ENDORSED LETTER as to David Bengis, addressed to Judge Kaplan, from Lee Renzin, Atty for the dft, dated 5/10/05, re: Mr. Bengis requests permission to attend the 5/20 hrg on restitution issues... −− Judge memo endorsed: SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/17/05)(ja,) (Entered: 05/24/2005) 05/20/2005 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Oral Argument as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis held on 5/20/2005 re: 102 Endorsed Letter (restitution). Dft Arnold Bengis not pres but attys Barry Boherer and Daniel Rashbaum pres. Dft Jeffrey Noll not pres but atty Michelle J. Shapiro pres. Dft David Bengis pres w/attys Frank Wohl and Lee Renzin. AUSA Marcus Asner pres. Crt rptr pres. Decision reserved. (Court Reporter Karen Gorlaski) (ja,) (Entered: 06/01/2005) 06/03/2005 103 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis held on 05/20/05 before Judge Lewis A. Kaplan. (es,) (Entered: 06/03/2005) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 24 of 61 06/22/2005 104 ENDORSED LETTER as to Arnold Maurice Bengis addressed to Judge Kaplan from Barry A. Bohrer dated 6/16/05 re: Request an extension of time. Judge Memo−endorsed...SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/21/05)(jw,) (Entered: 06/27/2005) 08/23/2005 105 STIPULATION FOR MODIFICATION OF CONDITIONS OF PRETRIAL RELEASE, as to Grant Berman.... that condition number one of dft Grant Berman's Order and Conditions of Pretrial Release be modified in that he shall be allowed to travel to Spain from 8/22/05 to 9/4/05 for his mother 60th birthday... and further that Mr. Berman's passport and Green Card are to be released to him or his atty, Michael S. Berg and said passport and Green Card will be surrendered upon Mr. Berman's return from Spain. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/22/05)(ja,) (Entered: 08/25/2005) 03/07/2006 106 STIPULATION AND ORDER Exonerating Criminal Bond and Reconveyance of Trust Deed as to Grant Berman. It is hereby ORDERED that, based upon the foregoing stipulation, that the criminal bond be exonerated and the following real property with the A.P.N. # of 304−210−41, title # 100−25−798 filed in the office of the County Recorder of San Diego County, (common address is: 13218 Maricotte Place, San Diego, California, 92130) be released and re−conveyed to Grant and Lorraine Berman. (Signed by Judge Lewis A. Kaplan on 3/6/06)(bw,) (Entered: 03/09/2006) 04/07/2006 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis held on 4/7/2006. Deft A. Bengis not present but atty B. Bohrer and B. Balter present. Deft J. Noll not present but atty Michael S. Chernis present. Deft D. Bengis not present but attys F. H. Wohl and L. Renzin present. AUSA Marcus Asner present with NOAA agent Jeff Ray. Court Reporter Marvin Birmbaum present. The next conference is set for 5/19/2006 at 9:30 a.m. (jar,) (Entered: 04/07/2006) 04/07/2006 ORAL ORDER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, As to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman Status Conference set for 5/19/2006 09:30 AM before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 4/7/2006)(jar,) (Entered: 04/07/2006) 04/21/2006 108 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy held on 4/7/2006@10:40 a.m. before Judge Lewis A. Kaplan. (lb,) (Entered: 04/21/2006) 04/21/2006 109 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy held on 4/7/2006@10:40 a.m. before Judge Lewis A. Kaplan. (lb,) (Entered: 04/21/2006) 05/19/2006 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Status Conference as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis held on 5/19/2006. Deft Arnold Bengis not present but atty Barry Bohrer and Barbara Balter present. Deft Jeffrey Noll not present but atty Michael S. Chernis present. Deft David Bengis not presetn but attys Frank H. Wohl and Lee Renzin present. AUSA Marcus Asner present with NOOAA agent Jeff Ray. Court Reporter Denise Richards present. Briefs due by 5/26/2006 concerning referral to a magistrate or special master. (jar,) (Entered: 05/23/2006) 06/05/2006 110 Letter by David Bengis addressed to Judge Kaplan from Frank H. Wohl dated 5/26/06 re: For these reasons as well as the reasons set forth in Mr. Bohrer's letter, we respectfully submit that in light of the Deft's objection, this Court should not refer the pending restitution matters to a Magistrate Judge or special master (jw,) (Entered: 06/06/2006) 06/05/2006 111 Letter by Arnold Maurice Bengis addressed to Judge Kaplan from Barry Bohrer dated 5/26/06 re: For the foregoing reasons, Defts respectfully object to Your Honor's proposed reference of the restitution proceedings to a magistrate judge or special master. (jw,) (Entered: 06/06/2006) 06/05/2006 112 MEMORANDUM AND ORDER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. Defts were convicted of various criminal offenses and sentenced some time ago. Determination of restitution has been deferred. Extensive efforts to resolve amicably the hotly contested restitution issues have come to naught. The sums at issue are large. There are significant legal issues. There may be Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 25 of 61 material factual issues. The Court recently raised with the parties whether it would be permissible and appropriate to refer the matter to a magistrate judge for the purpose of conducting any necessary hearings, including any necessary evidentiary hearing, and to submit to the undersigned proposed findings of fact, conclusions of law, and a recommendation for disposition, subject to de novo determination by the undersigned of any portion of the report or proposed findings, conclusions and recommendation to which objection is taken.... [See Order]... Accordingly, this Court concludes that a reference of the restitution issue to a magistrate judge pursuant to 18 U.S.C. Section 3664(d)(6) and 28 U.S.C. Section 636(b)(3) would be consistent with the statutes and the Constitution. The restitution issues are referred to Magistrate Judge Andrew J. Peck to conduct such proceedings, including any evidentiary hearing, as he may deem appropriate and to recommend findindgs of fact, conclusions of law and a disposition of the matter subject to de novo determination by the Court of any objection thereto. (Signed by Judge Lewis A. Kaplan on 6/2/06)(bw,) (Entered: 06/06/2006) 06/06/2006 113 Letter by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy addressed to Judge Kaplan from Marcus A. Asner dated 5/26/06 re: At the conference on May 19, the Court asked whether it had the authority to refer the restitution dispute to a magistrate judge or special master. The Government has no objection to the Court referring aspects of the resitution dispute to a magistrate judge or a special master if the Court believes that to be efficient or necessary (jw,) (Entered: 06/07/2006) 06/09/2006 114 ORDER OF REFERENCE TO A MAGISTRATE JUDGE as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Signed by Judge Lewis A. Kaplan on 6/7/06)(jw,) (Entered: 06/09/2006) 06/21/2006 115 ORDER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 112 Memorandum and Order dated 6/2/2006. Judge Kaplan referred the "restitution issue" in this case to me for a Report and Recommendation. The parties are to submit, by June 23, 2006, copies of prior court filings that they believe I should have to determine the restitution issue, and their proposal(s) as to the next steps that they would like me to utilize. (Signed by Judge Andrew J. Peck on 6/19/2006) Copies faxed by Chambers.(jar,) (Entered: 06/21/2006) 06/23/2006 116 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis held on 5/19/06 before Judge Lewis A. Kaplan. (jw,) (Entered: 06/23/2006) 06/26/2006 117 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis held on 5/19/06 before Judge Lewis A. Kaplan. (tro,) (Entered: 06/26/2006) 06/27/2006 118 ENDORSED LETTER as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis addressed to Magistrate Judge Peck from AUSA Marcus A. Asner dated 6/23/06 re: submitted regarding the Court's order asking for materials bearing on the restitution issues. The Govt requests that they be given until Friday, 6/30/06, to comply with the Court's order. Judge Endorsed − 1. Approved. 2. Congrats to you and your wife on the birth of your child. (Signed by Judge Andrew J. Peck on 6/23/06); Copy faxed by Chambers. (bw,) (Entered: 06/28/2006) 06/27/2006 Set/Reset Deadlines/Hearings as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis: Brief (by Govt) due by 6/30/2006.(bw,) (Entered: 06/28/2006) 08/02/2006 119 Letter by Arnold Maurice Bengis addressed to Magistrate Judge Peck from Attorney Barry A. Bohrer dated 7/14/06 re: submitted to respond to the Govt's letter dated 6/30/06, because the Govt's letter misrepresents the status of the restitution issue. (bw,) (Entered: 08/02/2006) 12/06/2006 120 ENDORSED LETTER as to Jeffrey Noll, addressed to Judge Kaplan, from Michael S. Chernis, dated 11/29/06, re: request permission for our client Jeffrey Noll, who is on supervised release, to travel out of the country in February 2007.... −− Judge endorsed: Granted on consent. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/6/06)(ja,) (Entered: 12/07/2006) 12/19/2006 121 REPORT AND RECOMMENDATIONS as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. Objections to R&R due by 1/2/2007.... Failure to file objections will result in a waiver of those objections for purposes of appeal. (Signed by Judge Andrew J. Peck on 12/19/06)(ja,) (Entered: 12/19/2006) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 26 of 61 01/04/2007 122 FILING ERROR − ELECTRONIC FILING IN NON−ECF CASE − MOTION objection to Mag. report & recommendation. Document filed by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. (Asner, Marcus) Modified on 2/22/2007 (lb). (Entered: 01/04/2007) 01/19/2007 124 DEFT'S MEMORANDUM OF LAW IN RESPONSE to the Government's Objections to Magistrate Judge Peck's Report and Recommendation concering the applicability of the mandatory victims restitution act by Arnold Maurice Bengis, Jeffrey Noll, David Bengis re 122 (jw) (Entered: 01/23/2007) 01/20/2007 123 FILING ERROR − ELECTRONIC FILING IN NON−ECF CASE − REPLY MEMORANDUM OF LAW in Opposition by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: 122 MOTION. Government Reply Brief in Further Support of its Objections to Magistrate Judge Peck's Report and Recommendation Concerning the Applicability of the Mandatory Victims Restitution Act. (Asner, Marcus) Modified on 2/22/2007 (lb). (Entered: 01/20/2007) 01/30/2007 125 ORDER as to Arnold Maurice Bengis. The govt's request for restitution under the Mandatory Victims Restitution Act is denied, substantially for the reasons set forth in the report and recommendation of Magistrate Judge Andrew J. Peck, the govt's objections to which are overruled. Should the govt wish to press for restitution under the Victim and Witness Protection Act or otherwise, it shall brief the issues within 20 days of the date of this order. The defts shall respond within 14 days of the service of the govt's application. So Ordered. (Signed by Judge Lewis A. Kaplan on 1/29/07); Copies mailed by Chambers 1/29/07. (bw) (Entered: 01/30/2007) 02/09/2007 126 ENDORSED LETTER as to Arnold Maurice Bengis addressed to Judge Kaplan from Attorney Barry A. Bohrer dated 1/25/07 re: submitted to ask the Court to modify Mr. Bengis' conditions of release to allow him to attend his grandson's bar mitzvah in Hawaii. If permitted, Mr. Bengis will depart New York on Thursday, 2/8/07, and will return to New York on Tuesday, 2/12/07 (because of the time change, Mr. Bengis will leave Hawaii on 2/11/07, but he will not arrive back in New York until 2/12/07). ENDORSEMENT: Granted on consent. (Signed by Judge Lewis A. Kaplan on 2/5/07)(bw) (Entered: 02/09/2007) 02/13/2007 127 ENDORSED LETTER as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis addressed to Judge Kaplan from Marcus A. Asner, AUSA dated 2/9/07 re: Govt requests an additional 20 days, until Monday, March 12, 2007, to submit the additional briefing contemplated by the Order and the Report. Granted. So ordered.. (Signed by Judge Lewis A. Kaplan on 2/13/07)(pr) (Entered: 02/15/2007) 02/13/2007 128 ENDORSED LETTER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy, addressed to Judges Kaplan and Peck, from Marcus A. Asner, AUSA, dated 2/9/07, re: Judge's Kaplan's Order (the "Order"), dated 1/29/07, over−ruling the Govt's objections to Magistrate Judge Peck's R&R of 12/19/06 (the "Report").... respectfully requests an additional twenty days, until Monday, March 12, 2007 to submit the add'l briefing contemplated by the Order and the Report. −− Judge endorsed: Extension to 3/12 approved and best wishes for a speedy recovery. SO ORDERED. Brief due by 3/12/2007. (Signed by Judge Andrew J. Peck on 2/9/07)(ja) (Entered: 02/20/2007) 02/22/2007 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − NON−ECF CASE ERROR. Note to Attorney Marcus Asner MANUALLY RE−FILE Document MOTION and REPLY MEMORANDUM OF LAW, Document No. 122 and 123. This case is not ECF. (lb) (Entered: 02/22/2007) 03/16/2007 129 ENDORSED LETTER as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis addressed to Judge Andrew J. Peck from Barry A. Bohrer dated 3/15/2007 re: request a two week extension of time for Defts Arnold Bengis, David Bengis, and Jeffrey Noll, to respond to the govt's request for restitution pursuant to the Victim and Witness Protection Act. Endorsement: Extension to 4/9/2007 approved. SO ORDERED. (Signed by Judge Andrew J. Peck on 3/15/2007)(jar) (Entered: 04/06/2007) 04/09/2007 130 MEMORANDUM OF LAW in Opposition to the Govt's Request for Restitution Under the Victim and Witness Protection Act, by Arnold Maurice Bengis, Jeffrey Noll, David Bengis. (ja) (Entered: 04/23/2007) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 27 of 61 05/01/2007 131 FILING ERROR − ELECTRONIC FILING IN NON−ECF CASE − REPLY MEMORANDUM OF LAW in Support by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: 122 MOTION objection to Mag. report & recommendation. Government's Reply Memorandum in Further Support of a Restitution Award Under the Victim and Witness Protection Act. (Asner, Marcus) Modified on 5/3/2007 (lb). (Entered: 05/01/2007) 05/03/2007 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − NON−ECF CASE ERROR. Note to Attorney Marcus Aaron Asner as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis: to MANUALLY RE−FILE Document REPLY MEMORANDUM OF LAW, Document No. 131. This case is not ECF. (lb) (Entered: 05/03/2007) 05/07/2007 132 ENDORSED LETTER as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis addressed to Magistrate Judge Peck from Attorney Barry A. Bohrer, represents deft Arnold Bengis, dated 5/2/07 re: submitted on behalf of defts Arnold Bengis, David Bengis, and Jeffrey Noll, to move to strike the Govt's unauthorized, over−sized Reply Memorandum In Further Support Of A Restitution Award Under The Victim And Witness Protection Act. ENDORSEMENT: The Court agrees that the Government's reply was neither scheduled nor timely. In the interest of justice, however, rather than strike it, the Court will accept a short sur−reply from defendants by May 10, 2007. So Ordered. (Signed by Magistrate Judge Andrew J. Peck on 5/3/07); Copies faxed by Chambers.(bw) (Entered: 05/10/2007) 05/11/2007 133 Sur−Reply Memorandum of behalf of Defts Arnold Maurice Bengis, Jeffrey Noll and David Bengis in Further Opposition to the Government's request for Resititution under the victim and Witness Protection Act (jw) (Entered: 05/14/2007) 05/17/2007 CASE NO LONGER REFERRED to Magistrate Judge as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy.. I have closed the above reference for magistrate judge statistical purposes. Reason: 5/17/07 Report and Recommendation.(ae) (Entered: 05/21/2007) 05/17/2007 134 REPORT AND RECOMMENDATIONS as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. For the reasons discussed above, the Court should deny the Government's request for restitution under the Victim and Witness Protection Act. Objections to R&R due by 6/4/2007. (Signed by Judge Andrew J. Peck on 5/17/07)(ae) (Entered: 05/22/2007) 06/05/2007 135 ENDORSED LETTER as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis addressed to Judge Kaplan from Marcus A. Asner, AUSA dated 5/31/07 re: Govt request for an additional 2 week, until Friday, 6/15/07 to file its objections to Mag. Judge Peck's Report and Recommendation, dtd. 5/17/07. Granted. So Ordered.. (Signed by Judge Lewis A. Kaplan on 5/31/07)(pr) (Entered: 06/06/2007) 06/15/2007 136 MOTION for Victim Rights. Document filed by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Asner, Marcus) (Entered: 06/15/2007) 09/17/2007 137 GOVERNMENT'S OBJECTIONS TO MAGISTRATE JUDGE PECK'S REPORT AND RECOMMENDATIONS re 134 Report and Recommendations (Concerning the Applicability of the Victim and Witness Protection Act), by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. (ja) (Entered: 09/18/2007) 09/17/2007 139 [DUPLICATE ORIGINAL] ORDER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. Following this Court's denial of the government's effort to obtain restitution in favor of the Republic of South Africa pursuant to the Mandatory Victims Restitution Act, the government pressed its application for such restitution pursuant to the Victim and Witness Protection Act (the "VWPA"). In a well considered and persuasive report and recommendation dated May 17, 2007 (the "R&R"), Magistrate Judge Andrew J. Peck recommended denial of the request, essentially on the ground that the Republic of South Africa did not suffer any losses directly caused by defendants' offense conduct, as required by VWPA. The government objects to the R&R, arguing that Magistrate Judge Peck erred as a matter of law....[SEE ORDER]... Accordingly, the Court holds that the complication and prolongation of the sentencing process resulting from the fashioning of an order of restitution under this section would outweigh the need to provide restitution to the Republic of South Africa even if the Republic were a permissible beneficiary of Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 28 of 61 restitution on the facts of this case. It therefore would decline to make any restitution order even if such an order were permissible as a matter of law. It perhaps might be contended that this letter determination could have been made long ago, thus avoiding the proceedings in the intervening years. It is important, however, to understand that the complexity and difficulty of the process, as well as the failure of the Republic of South Africa to seek to replenish the resouce, became fully apparent only with the passage of time. In addition, the Court took substantial pains to ensure that the government had a full and complete opportunity to present the case in favor of the Republic of South Africa out of respect and deference to a sovereign nation. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/12/07); Copies mailed by Chambers on 9/12/07. (bw) (Entered: 10/29/2007) 09/27/2007 138 NOTICE of Substitution of Counsel as to Jeffrey Noll. Please Take Notice that Jared J. Scharf now appears as counsel in behalf of deft Jeffrey Noll. (jw) (Entered: 10/17/2007) 10/05/2007 140 NOTICE OF APPEAL by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy from 139 Order. Copies mailed to attorney(s) of record: Morvillo, Abramowitz, Grand, Iason, Silberberg & Bohrer, P.C.; Jared J. Sharf, Esq.; Lankeler Siffert & Wohl LLP. (tp) (Entered: 11/02/2007) 10/05/2007 Appeal Remark as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 140 Notice of Appeal. NO FEE. A.U.S.A. (tp) (Entered: 11/02/2007) 10/17/2007 141 ORDER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. Following this Court's denial of the government's effort to obtain restitution in favor of the Republic of South Africa pursuant to the Mandatory Victims Restitution Act, the government pressed its application for such restitution pursuant to the Victim and Witness Protection Act. The government objects to the R&R, arguing that Magistrate Judge Peck erred as a matter of law. Accordingly, the Court holds that the complication and prolongation of the sentencing process resulting from the fashioning of an order of restitution under this section would outweigh the need to provide restitution to the Republic of South Africa even if the Republic were a permissible beneficiary of restitution on the facts of this case. It therefore would decline to make any restitution order even if such an order were permissible as a matter of law. In addition, the Court took substantial pains to ensure that the government had a full and complete opportunity to present the case in favor of the Republic of South Africa out of respect and deference to a sovereign nation. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/12/07)(jw) (Entered: 11/06/2007) 11/02/2007 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy to US Court of Appeals re: 140 Notice of Appeal. (tp) (Entered: 11/02/2007) 11/13/2007 USCA SCHEDULING ORDER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy related to 140 Notice of Appeal − Interlocutory, filed by USA, USCA Case Number 07−4895−cr. Appellee Brief due by 2/4/2008. appellant Brief due by 1/2/2008. Appeal Record due by 11/29/2007. (nd) (Entered: 11/13/2007) 11/16/2007 142 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 140 Notice of Appeal − Interlocutory, USCA Case Number 07−4895−cr, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (nd) (Entered: 11/16/2007) 12/05/2007 143 MOTION for Early Termination of Probation for Jeffrey Noll (2) Count 1,2−21,2−17,2−7,8,9−18,18−19,19,20,20,21,21. Document filed by Jeffrey Noll. (Scharf, Jared) (Entered: 12/05/2007) 12/05/2007 144 MEMORANDUM in Support by Jeffrey Noll re 143 MOTION for Early Termination of Probation for Jeffrey Noll (2) Count 1,2−21,2−17,2−7,8,9−18,18−19,19,20,20,21,21.. (Scharf, Jared) (Entered: 12/05/2007) 01/08/2008 145 Letter by USA as to Jeffrey Noll addressed to Judge Kaplan from Marcus A. Asner, AUSA dated 12/10/07 re: Govt opposes Noll's motion for early termination of Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 29 of 61 supervised release (pr) (Entered: 01/08/2008) 01/08/2008 146 ORDER denying 143 Motion for Early Termination of Probation as to Jeffrey Noll (2)Deft's motion for early termination of supervised release is DENIED substantially for the reasons set forth in the govt's opposition. So Ordered. (Signed by Judge Lewis A. Kaplan on 1/7/08) (pr) (Entered: 01/08/2008) 04/11/2008 147 MOTION for Early Termination of Supervised Release with Supporting Papers. Document filed by Arnold Maurice Bengis. (jw) (Entered: 04/11/2008) 04/11/2008 148 MEMORANDUM in Support OF DEFENDANT Arnold Maurice Bengis re 147 MOTION for Early Termination of Probation (jw) (Entered: 04/11/2008) 04/25/2008 149 ENDORSED LETTER as to Arnold Maurice Bengis addressed to Judge Kaplan from Marcus A. Asner, ausa dated 4/25/08 re: Govt requests additional 2 weeks time to prepare its response to the deft's motion seeking early termination of his supervised release. Granted. So Ordered. (Signed by Judge Lewis A. Kaplan on 4/25/08)(pr) (Entered: 04/25/2008) 05/16/2008 150 REPLY AFFIRMATION of Attorney Peter C. Alkalay in Support as to Arnold Maurice Bengis re: 147 MOTION for Early Termination of Supervised Release. (bw) (Entered: 05/16/2008) 05/16/2008 151 REPLY AFFIDAVIT of defendant Arnold Maurice Bengis in Support re: 147 MOTION for Early Termination of Supervised Release. (bw) (Entered: 05/16/2008) 05/22/2008 152 ORDER denying 147 Motion for Early Termination of Probation as to Arnold Maurice Bengis (1)Deft's motion for early termination of his supervised release is denied. So Ordered. (Signed by Judge Lewis A. Kaplan on 5/22/08) (pr) (Entered: 05/22/2008) 08/08/2008 153 ENDORSED LETTER as to Arnold Maurice Bengis addressed to Judge Lewis A. Kaplan from Peter C. Alkalay dated 7/22/2008 re: We are writing on behalf of our client, Arnold Bengis, who is currently on supervised release until mid− January, 2009 to request permission for his travel out of the country from September 25, 2008 to October 8, 2008 to visit with his family in Israel and then in London for the Jewish holidays. A copy of the Judgment in this case is attached. We have advised AUSA Marcus Asner by voice mail message, but Mr. Asner has not yet responded. ENDORSEMENT: Application granted on consent. So Ordered. (Signed by Judge Richard J. Sullivan Part I on 8/7/2008)(D'Avanzo, Daniel) (Entered: 08/08/2008) 09/10/2008 154 PROBATION FORM PETITION: As to Arnold Maurice Bengis. Petitioning the Court: Court Direction. The Court Orders: Overseas travel remain approved without prejudice to any action by the State Courts. (Signed by Judge Lewis A. Kaplan on 9/9/2008)(D'Avanzo, Daniel) (Entered: 09/10/2008) 11/10/2008 155 ENDORSED LETTER: As to Arnold Maurice Bengis addressed to Judge Lewis A. Kaplan from Peter C. Alkalay dated 10/29/2008 re: We are writing on behalf of our client, Arnold Bengis, who is on supervised release until mid−January, 2009, to request permission for his travel out of the country from Wednesday. November 26, 2008 to Saturday, December 6, 2008 to visit with his family. Mr. Bengis' probation officer, Ronald Kutney has been advised of his current travel plans and has no objection. We are advising AUSA Marcus Asner of this request by forwarding him a copy of this letter via Overnight Delivery. ENDORSEMENT: Granted on consent. So Ordered. (Signed by Judge Lewis A. Kaplan on 11/10/2008)(D'Avanzo, Daniel) (Entered: 11/10/2008) 01/04/2011 156 ORDER of USCA (Certified Copy) as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: 140 Notice of Appeal − Interlocutory, USCA Case Number 07−4895−cr. The judgments of the District Court are VACATED, and the case is REMANDED to the District Court with instructions to calculate restitution and enter an order of restitution in favor of the Republic of South Africa. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 01/04/2011. (nd) (Entered: 01/05/2011) 03/01/2011 157 ORDER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. Counsel shall confer as to whether further briefing is desired in light of the Second Circuit's decision as to restitution, and advise the Court of whether briefing is requested and, if so, a proposed schedule, by March 11, 2011.SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 3/1/2011) Copies Faxed By Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 30 of 61 Chambers. (dnd) (Entered: 03/01/2011) 03/04/2011 158 ENDORSED LETTER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy addressed to Judge Andrew J. Peck from Barry A. Bohrer dated 3/3/2011. re: Counsel for defdense writes in response to the Court's Order, dated March 1, 2011, directing counsel for Defendants and the government toconfer and advise the Court concerning whether additional briefing is requested. Although the Court of Appeals for the Second Circuit reversed the District Court's Orders concerning restitution, the Court of Appeals has not yet issued a mandate. We have moved to stay issuance of the mandate because we anticipate filing a petition for writ of certiorari in the Supreme Court of the United States, and the Court of Appeals has not ruled on that motion. We have conferred with the government, and the parties agree that no action should be taken in the District Court unless and until the mandate issues. If and when the mandate issues, the parties will advise the Court as to whether additional briefing is requested. ENDORSEMENT: Approved. Counsel are to contact the Court with a briefing schedule no later than 7 days after issuance of the mandate. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 3/4/2011)(dnd) (Entered: 03/04/2011) 05/31/2011 159 USCA MANDATE ON INTERLOCUTORY APPEAL (certified copy) as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: 140 Notice of Appeal − Interlocutory,. USCA Case Number 07−4895−cr. Ordered, Adjudged and Decreed that the judgments of the District Court is VACATED, and the case is REMANDED to the District Court with instructions to calculate restitution and enter an order of restitution in favor of the Republic of South Africa in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 05/31/2011. (Attachments: # 1 Opinion)(nd) (Entered: 05/31/2011) 05/31/2011 Transmission of USCA Mandate/Order to the District Judge re: 159 USCA Mandate − Interlocutory Appeal,,. (nd) (Entered: 05/31/2011) 06/17/2011 160 ORDER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. The parties had agreed to advise on a briefing schedule 7 days after the Second Circuit issued its mandate in this case. The Circuit's mandate was issued on May 31, 2011, more than 7 days ago. Accordingly, the parties are to advise on a briefing schedule by June 24, 2011, absent which the Court will set a briefing schedule without the parties' input. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 6/17/2011)(bw) (Entered: 06/17/2011) 06/21/2011 161 ENDORSED LETTER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis and Shaun Levy addressed to Magistrate Judge Andrew J. Peck from Barry A. Bohrer dated 6/20/2011 re: Counsel for the Defendant writes to request an additional two weeks, until 7/8/2011, to advise the Court of how the Defendants wish to proceed. ENDORSEMENT: Approved but further extensions are unlikely. (Signed by Magistrate Judge Andrew J. Peck on 6/21/2011) (ab) (Entered: 06/21/2011) 06/22/2011 162 FILING ERROR − ELECTRONIC FILING IN NON−ECF CASE − MOTION for Jared J. Scharf to Withdraw as Attorney. Document filed by Jeffrey Noll as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Scharf, Jared) Modified on 6/23/2011 (ka). (Entered: 06/22/2011) 06/22/2011 163 FILING ERROR − ELECTRONIC FILING IN NON−ECF CASE − DECLARATION of Jared J. Scharf in Support by Jeffrey Noll as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 162 MOTION for Jared J. Scharf to Withdraw as Attorney.. (Attachments: # 1 Exhibit Exhbits A − D)(Scharf, Jared) Modified on 6/23/2011 (ka). (Entered: 06/22/2011) 06/23/2011 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − NON−ECF CASE ERROR. Note to Attorney Jared J. Scharf as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy: to MANUALLY RE−FILE Document Declaration in Support of Motion, Document No. 163. This case is not ECF. (ka) (Entered: 06/23/2011) 06/24/2011 164 MOTION To be relieved as counsel of record. Document filed by Jeffrey Noll. (jw) (Entered: 06/24/2011) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 31 of 61 06/29/2011 165 ENDORSED LETTER: As to Jeffrey Noll addressed to Judge Andrew J. Peck from Barry A. Bohrer dated 6/28/2011. re: counsel writes in response to a telephone message that I received from your chambers and a conversation that my partner, Barbara Trencher, had with your chambers earlier this afternoon, in connection with Jared Scharf's motion to be relieved as counsel for Defendant Jeffrey Noll. For the reasons stated in this letter I respectfully request that the COURT allow me until July 8, 2011, to respond to Mr. Scharfs motion to be relieved as counsel for Defendant Noll. ENDORSEMENT: Approved. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 6/29/2011)(dnd) (Entered: 06/29/2011) 07/08/2011 166 ENDORSED LETTER as to Arnold Maurice Bengis (1), Jeffrey Noll (2), David Bengis (4) addressed to Magistrate Judge Andrew J. Peck from Attorney Barry A. Bohrer, Counsel for defendant Arnold Maurice Bengis, dated July 8, 2011 re: I write with the consent of counsel for all defendants in reponse to the Court's Orders, dated June 17 and June 21, 2011, directing counsel for defendants and the government to confer and advise the Court on a briefing schedule set by July 8, 2011. We propose that to the extent briefing is necessary, defendants' brief concerning how this case should proceed be due on September 30, 2011, the government's opposition brief be due on October 31, 2011, and defendants' reply brief be due on November 14, 2011. ENDORSEMENT: 1. The briefing schedule is approved (and the Court joins in the parties' hope that they will settle the case). 2. However, the Court wonders why, since the government is seeking restitution, it is not the government that is filing the opening brief. Counsel should consider whether to change the briefing schedule according and advise the Court. 3. Mr. Scharf is to advise ASAP whether or not he is still withdrawing. SO ORDERED: (Signed by Magistrate Judge Andrew J. Peck on 7/8/2011)(bw) (Entered: 07/08/2011) 07/22/2011 167 ENDORSED LETTER as to Jeffrey Noll addressed to Judge Andrew J. Peck from Jared J. Scharf dated 7/14/11 re: I respectfully submit this letter in compliance with the Court's direction by its Order of July 8, 2011. I still would like to withdraw pursuant to my client's request, as indicated in my motion filed June 22, 2011...ENDORSEMENT...Application DENIED at this time. The application was based on the premise that the Morvillo firm was going to represent Noll, but per their 7/18 letter, they are not going to represent defendant Noll. If defendant Noll has substitute counsel for Mr. Scharf, or if defendant Noll wishes to relieve Mr. Scharf even without new counsel, Noll and/or Scharf can re−apply. (Signed by Magistrate Judge Andrew J. Peck on 7/22/11)(jw) (Entered: 07/22/2011) 09/22/2011 169 FILING ERROR − ELECTRONIC FILING IN NON−ECF CASE − MOTION for Frank H. Wohl to Withdraw as Attorney. Document filed by David Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Attachments: # 1 Affidavit Certificate of Service)(Wohl, Frank) Modified on 9/23/2011 (ka). (Entered: 09/22/2011) 09/22/2011 170 FILING ERROR − ELECTRONIC FILING IN NON−ECF CASE − DECLARATION of Frank H. Wohl in Support by David Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 169 MOTION for Frank H. Wohl to Withdraw as Attorney.. (Attachments: # 1 Exhibit Exhibits 1 to 4, # 2 Exhibit Exhibits 5 to 8, # 3 Exhibit Exhibits 9 to 11)(Wohl, Frank) Modified on 9/23/2011 (ka). (Entered: 09/22/2011) 09/22/2011 171 FILING ERROR − ELECTRONIC FILING IN NON−ECF CASE −MEMORANDUM in Support by David Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re 169 MOTION for Frank H. Wohl to Withdraw as Attorney.. (Wohl, Frank) Modified on 9/23/2011 (ka). (Entered: 09/22/2011) 09/22/2011 176 MOTION for Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C. to Withdraw as Attorney. Document filed by Arnold Maurice Bengis. (Filed in the night deposit on 9/22/2011 at 6:09 p.m.) (jar) Modified on 10/4/2011 (ae). (Entered: 10/03/2011) 09/22/2011 177 AFFIRMATION of Barry A. Bohrer in Support by Arnold Maurice Bengis re 176 MOTION for Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C. to Withdraw as Attorney. (Filed in the night deposit on 9/22/2011 at 6:09 p.m.) (jar) Modified on 10/4/2011 (ae). (Entered: 10/03/2011) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 32 of 61 09/22/2011 178 MEMORANDUM OF LAW in Support re 176 MOTION for Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C. to Withdraw as Counsel for defendant Arnold Bengis. (Filed in the night deposit on 9/22/2011 at 6:08 p.m.)(ae) (Entered: 10/11/2011) 09/23/2011 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − NON−ECF CASE ERROR. Note to Attorney Frank H. Wohl as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy: to MANUALLY RE−FILE Document Motion Withdrawal, Document No. 169. This case is not ECF. (ka) (Entered: 09/23/2011) 09/23/2011 172 MOTION submitted by Frank H. Wohl, Esq. to Withdraw as Attorney. Document filed by David Bengis. (dnd) (Entered: 09/27/2011) 09/23/2011 173 MEMORANDUM OF LAW IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL re 172 MOTION for Frank H. Wohl, Esq. to Withdraw as Attorney. (dnd) (Entered: 09/27/2011) 09/23/2011 174 DECLARATION of Frank H. Wohl re: 172 MOTION for Frank H. Wohl, Esq. to Withdraw as Attorney., 173 Memorandum in Support of Motion. (dnd) (Entered: 09/27/2011) 09/28/2011 175 Letter as to Jeffrey Noll, addressed to Judge Peck, from Jared J. Scharf, atty, dated 9/26/2011, re: request to renew my application dated June 22, 2011, to be relieved as counsel to Mr. Noll. (ja) (Entered: 09/28/2011) 12/22/2011 179 ORDER granting 164 Motion Relieved as counsel re: 175 Letter, 164 MOTION To be relieved as counsel of record as to Jeffrey Noll (2). Granted. This order terminates docket entries 164 and 175. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/22/2011) (dnd) (Entered: 12/22/2011) 12/22/2011 180 ORDER granting 176 Motion to Withdraw as Attorney. Barry A. Bohrer withdrawn from case as to Arnold Maurice Bengis (1). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/22/2011) (dnd) (Entered: 12/22/2011) 12/22/2011 181 ORDER granting 172 Motion to Withdraw as Attorney as to David Bengis (4). The motion of Frank H. Wohl, Esq., to withdraw as counsel for this defendant [DI 172] is granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/22/2011) (dnd) (Entered: 12/22/2011) 04/21/2012 182 ORDER as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis (Status Conference set for 6/4/2012 at 10:00 AM before Magistrate Judge Andrew J. Peck.) IT IS HEREBY ORDERED that the Government and defendants Arnold Maurice Bengis, Jeffrey Noll, and David Bengis appear at a conference on June 4, 2012, at 10:00 a.m. in Courtroom 20D, and IT IS FURTHER ORDERED that the defendants shall appear at the conference on June 4, 2012, at 10:00 a.m. without regard to whether any of the defendants has retained counsel; and IT IS FURTHER ORDERED that, if any of the defendants has retained counsel prior to June 4, 2012, such defendant shall appear together with his retained counsel at the conference on June 4, 2012, at 10:00 a.m. (Signed by Magistrate Judge Andrew J. Peck on 4/17/12)(jw) (Entered: 04/23/2012) 04/30/2012 183 ORDER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. The Court's April 21, 2012 Order, setting a June 4, 2012 (at 10 a.m.) conference (Dkt. No. 182) was filed on ECF, but it does not appear that the defendants personally receive ECF notices. Accordingly, the Government is to promptly serve the April 21, 2012 Order and this Order on defendants and file proof of service on ECF (with a courtesy copy to my chambers). Assistant United States Attorney Daniel Levy is to enter an appearance on the Court's ECF system. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 4/30/3012) Copies Faxed By Chambers. (ja) (Entered: 04/30/2012) 05/07/2012 184 ENDORSED LETTER as to (03−Cr−308−04) David Bengis addressed to Magistrate Judge Andrew J. Peck from Defendant David Bengis dated May 6, 2012 re: I am responding to the courts order dated April 21, 2012, setting a June 4th conference at 10am. I regret that I am unable to attend this conference. ENDORSEMENT: The Government is to respond as to whether David Bengis' failure to appear on 6/4 will constitute a default entitling the Government to obtain an order for restitution on default. The Gov't is to serve this Order on defendants. So Ordered: (Signed by Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 33 of 61 Magistrate Judge Andrew J. Peck on 5/7/2012); Copies by ECF to: All Counsel, Judge Lewis A. Kaplan. (bw) (Entered: 05/07/2012) 05/11/2012 185 ENDORSED LETTER as to Jeffrey Noll addressed to Judge Andrew J. Peck from Jeffrey Noll dated 5/10/12 re: Requesting that the Court provide me with a Court Appointed Lawyer who will guide me through the procedure and explain the case to me...ENDORSEMENT...Mr. Noll must attend the 6/4 conference. For the Court to appoint counsel, esp. in light of his firing of his former attorney, Mr. Noll must file an affidavit as to his income and assets, to show he is financially eligible for court−appointed counsel. Mr. Noll is to supply an address, fax and email address for service of papers on him. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 5/11/12)(jw) (Entered: 05/11/2012) 05/11/2012 186 FILING ERROR − ELECTRONIC FILING IN NON−ECF CASE − NOTICE OF ATTORNEY APPEARANCE Daniel Walter Levy appearing for USA. (Levy, Daniel) Modified on 5/14/2012 (ka). (Entered: 05/11/2012) 05/14/2012 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − NON−ECF CASE ERROR. Note to Attorney Daniel Walter Levy as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy: to MANUALLY RE−FILE Document Notice of Attorney Appearance, Document No. 186. This case is not ECF. (ka) (Entered: 05/14/2012) 05/21/2012 187 Certificate of Service of various documents by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. Document was served on J. Noll, D. Bengis, A. Bengis on 4/18/2012. Service was made via e−mail. (ja) (Entered: 05/22/2012) 05/23/2012 192 NOTICE OF ATTORNEY APPEARANCE Daniel Walter Levy appearing for USA. (ja) (Entered: 05/31/2012) 05/25/2012 191 Letter by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy addressed to Judge Andrew J. Peck from Daniel W. Levy dated 5/22/12 re: The Government respectfully submits this letter to address the impact of any defendant's failure to appear at the conference currently scheduled for June 4, 2012. Should any of the defendants fail to appear on June 4 and thereafter, if further proceedings are scheduled, the failure to appear should be deemed, under the plain language of Rule 43(c), to be a waiver of that defendant's right to be present. In such a circumstance, the Court may proceed in that defendant's absence and enter those orders that it deems appropriate including a restitution order. (jw) (Entered: 05/31/2012) 05/29/2012 188 ENDORSED LETTER as to David Bengis addressed to Judge Andrew Peck from David Bengis dated 5/29/12 re: Requesting that the court allows me to participate via telephone or video link...ENDORSEMENT...You may appear telephonically by calling 212−805−0036 at the time of the conference. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 5/29/12)(jw) (Entered: 05/29/2012) 05/29/2012 189 ENDORSED LETTER as to Arnold Maurice Bengis addressed to Judge Andrew Peck from Arnold Bengis dated 5/29/12 re: To reschedule the conference which is set for June 4. This is to advise that unfortunately I will not be able to attend...ENDORSEMENT...You must appear or risk a default. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 5/29/12)(jw) (Entered: 05/29/2012) 05/30/2012 190 ENDORSED LETTER as to Jeffrey Noll addressed to Judge Andrew J. Peck from Jeffrey Noll dated 5/30/2012 re: Defendant writes to the court to request that he be allowed to appear telephonically for the conference scheduled for June 4, 2012. ENDORSEMENT: You may appear telephonically but must coordinate with defendant Bengis to both call (212) 805−0036 on a single call line. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 5/30/2012)(dnd) (Entered: 05/30/2012) 06/04/2012 193 ORDER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. IT IS HEREBY ORDERED THAT: 1. The government's restitution motion is due by June 8, 2012. 2. Defendants' opposition papers (and their financial affidavits) are due by July 6, 2012. 3. The government's reply papers are due by July 18, 2012. 4. Defendants have intelligently waived their right to counsel and shall be representing themselves. 5. This case shall be considered an ECF case going forward. The Clerk of Court shall take the necessary steps to make the case ECF. SO Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 34 of 61 ORDERED. (Motions due by 6/8/2012. Replies due by 7/6/2012. Responses due by 7/18/2012.) (Signed by Magistrate Judge Andrew J. Peck on 6/4/2012) Copies Mailed By Chambers. (ja) (Entered: 06/04/2012) 06/04/2012 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck:Status Conference as to Arnold Maurice Bengis held on 6/4/2012, as to Arnold Maurice Bengis(Motions due by 6/8/2012., Government Replies due by 7/18/2012., Defendant's Responses due by 7/6/2012) (jw) (Entered: 07/20/2012) 06/08/2012 194 FIRST MOTION Restitution. Document filed by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. (Levy, Daniel) (Entered: 06/08/2012) 06/08/2012 195 DECLARATION of Daniel W. Levy in Support by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: 194 FIRST MOTION Restitution.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1−A, # 3 Exhibit 1B, # 4 Exhibit 1−C, # 5 Exhibit 1−D, # 6 Exhibit 1−E, # 7 Exhibit 1−F, # 8 Exhibit 1−G, # 9 Exhibit 1−H, # 10 Exhibit 1−I, # 11 Exhibit 1−J, # 12 Exhibit 2, # 13 Exhibit 2−A, # 14 Exhibit 2−B, # 15 Exhibit 2−C, # 16 Exhibit 2−D, # 17 Exhibit 2−E, # 18 Exhibit 2−F, # 19 Exhibit 3, # 20 Exhibit 4, # 21 Exhibit 5, # 22 Exhibit 6, # 23 Exhibit 7, # 24 Exhibit 8, # 25 Exhibit 9, # 26 Exhibit 10, # 27 Exhibit 11, # 28 Exhibit 12, # 29 Exhibit 12−A, # 30 Exhibit 12−B)(Levy, Daniel) (Entered: 06/08/2012) 06/08/2012 196 MEMORANDUM in Support by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re 194 FIRST MOTION Restitution.. MEMORANDUM OF LAW IN SUPPORT OF THE GOVERNMENTS APPLICATION FOR RESTITUTION (Attachments: # 1 Appendix Second Circuit opinion)(Levy, Daniel) (Entered: 06/08/2012) 06/08/2012 197 Certificate of Service of 195 Declaration in Support of Motion,, 194 FIRST MOTION Restitution., 196 Memorandum in Support of Motion, by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. Document was served on Arnold Maurice Bengis, Jeffrey Noll, David Bengis on 06/08/2012. Service was made by Mail. (Levy, Daniel) (Entered: 06/08/2012) 06/12/2012 198 Letter by David Bengis addressed to Judge Andrew Peck from David Bengis dated 6/1/2012 re: In anticipation of the conference on Monday, June 4, I would like to bring the following matter to the attention of the attendees since it is fundamental to the South African Restitution claim. We have reason to believe that no catch records exist in South Africa and similarly, no shipment records exist other than those produced during the Lacey Act prosecution and plea agreement covering a 14 month period in about 2000. (jw) (Entered: 06/13/2012) 06/15/2012 199 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis, David Bengis held on 6/4/12 before Magistrate Judge Andrew J. Peck. (jmi) (Entered: 06/18/2012) 07/05/2012 200 MEMORANDUM in Support by Arnold Maurice Bengis, Jeffrey Noll, David Bengis re 194 FIRST MOTION Restitution. (ja) (Entered: 07/10/2012) 07/11/2012 202 RESPONSE by Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: 196 Memorandum in Support of Motion, filed by USA. (dnd) (Entered: 07/19/2012) 07/18/2012 201 REPLY MEMORANDUM OF LAW in Support by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 194 FIRST MOTION Restitution.. (Attachments: # 1 Exhibit 13, # 2 Exhibit 14, # 3 Exhibit 15, # 4 Exhibit 16, # 5 Exhibit 17)(Levy, Daniel) (Entered: 07/18/2012) 07/20/2012 203 ENDORSED LETTER as to David Bengis, addressed to Magistrate Judge Andrew Peck, from David Bengis, the dft, dated 7/20/2012, re: requesting an opportunity to address the gross factual inaccuracies presented in the governments' submission dated July 18, 2012 regarding myself. −− Judge endorsed: Surreply limited to 10 pages by 7/27. (Replies due by 7/27/2012.) (Signed by Magistrate Judge Andrew J. Peck on 7/20/2012) Copies Mailed By Chambers. (ja) Modified on 7/20/2012 (ja). (Entered: 07/20/2012) 07/23/2012 204 ENDORSED LETTER: As to David Bengis addressed to Judge Andrew J. Peck from Arnold Bengis dated 7/23/2012 re: The defendant writes requesting permission to conjoin with David Bcngis, in an opportunity to address the court regarding the factual misrepresentation presented in the Governments submission dated July 18, 2012, Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 35 of 61 including but not limited to the misinterpretation of thc cases quoted. I am also requesting that the court allows us until july 31st 2012 to submit this submission. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 7/23/2012)(dnd) (Entered: 07/23/2012) 08/03/2012 205 Letter by David Bengis addressed to Magistrate Judge Andrew J. Peck, from David Bengis, dated 7/29/2012, re: Exhibits have already accompanied the government's various submissions, including the "Levy Declaration" dated July 18, 2012. The following 3 documents have been referred to, but do not appear in the "Levy Declaration." (ja) (Entered: 08/09/2012) 08/16/2012 206 REPORT AND RECOMMENDATION as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. To the Honorable Lewis A. Kaplan, United States District Judge: Presently before the Court is the Government's motion for restitution under the Mandatory Victims Restitution Act ("MVRA"), 18 U.S.C. Section 3663A. (Dkt. No. 194: Notice of Motion; Dkt. No. 196: Gov't Br.) The background facts are set forth in the prior decisions in this case, familiarity with which is assumed. See United States v. Bengis, 03 Cr. 0308, 2006 WL 3735654 (S.D.N.Y. Dec. 19, 2006)(Peck, M.J.), report & rec. adopted, 2007 WL 241370 (S.D.N.Y. Jan. 29, 2007)(Kaplan, D.J.); United States v. Bengis, 03 Cr. 0308, 2007 WL 1450381 (S.D.N.Y. May 17, 2007)(Peck, M.J.), report & rec. adopted, 2007 WL 2669315 (S.D.N.Y. Sept. 12, 2007)(Kaplan, D.J.), rev'd, United States v. Bengis, 631 F.3d 33 (2d Cir. 2011). For the reasons set forth below, the Court should order defendants Arnold Bengis, Jeffrey Noll and David Bengis, jointly and severally, to pay restitution in the amount of $54,883,550 to South Africa....[See Report And Recommendation]... CONCLUSION: For the reasons discussed above, the Court should order defendants Arnold Bengis, Jeffrey Noll and David Bengis, jointly and severally, to pay restitution of $54,883,550 to South Africa. FILING OF OBJECTIONS TO THIS REPORT AND RECOMMENDATION: Pursuant to 28 U.S.C. Section 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from service of this Report to file written objections. Such objections (and any response to objections) shall be filed with the Clerk of the Court, with courtesy copies delivered to the chambers of the Honorable Lewis A. Kaplan, 500 Pearl Street, Room 2240, and to my chambers, 500 Pearl Street, Room 1370. Any requests for an extension of time for filing objections must be directed to Judge Kaplan (with a courtesy copy to my chambers). Failure to file objections will result in a waiver of those objections for purposes of appeal. Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466 (1985); IUE AFL−CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993); cert. denied, 513 U.S. 822, 115 S. Ct. 86 (1994); Roldan v. Racette, 984 F.2d 85, 89 (2d cir. 1993); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir.), cert. denied, 506 U.S. 1038, 113 S. Ct. 825 (1992); Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989); Wesolek v. Canadair Ltd., 838 F.2d 55, 57−59 (2d Cir, 1988); McCarthy v. Manson, 714 F.2d 234, 237−38 (2d Cir. 1983). (Signed by Magistrate Judge Andrew J. Peck on 8/16/2012); Copies to: Arnold Maurice Bengis (Email), Jeffrey Noll (Email), David Bengis (Email), AUSA Daniel Levy (ECF), Judge Lewis A. Kaplan. (bw) (Entered: 08/16/2012) 08/16/2012 CASE NO LONGER REFERRED to Magistrate Judge Andrew Peck, as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. I have closed the above reference for magistrate judge statistical purposes. Reason: 8/16/12 report and Recommendation.. (jab) (Entered: 08/16/2012) 08/23/2012 207 OBJECTION TO REPORT AND RECOMMENDATIONS re 206 Report and Recommendations,,,,,,,,,,, by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Levy, Daniel) (Entered: 08/23/2012) 08/27/2012 208 NOTICE OF ATTORNEY APPEARANCE: Mark A Berube appearing for Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. Appearance Type: Retained. (Berube, Mark) (Entered: 08/27/2012) 08/30/2012 209 STIPULATION: as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis (Government Responses due by 10/8/2012) It is hereby stipulated and agreed by and between the United States of America ("Government"), and defendants Arnold Bengis, Jeffrey Noll and David Bengis ("Defendants"), acting through their duly authorized counsel, that the time for Defendants to file objections to theAugust 16, 2012 Report and Recommendation of United States Magistrate Judge Andrew J. Peck is hereby Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 36 of 61 extended until September 24, 2012. The Government may file its responses (if any) to Defendants' objections on or before October 8, 2012. (Signed by Judge Paul G. Gardephe on 8/29/2012)(jw) (Entered: 08/30/2012) 09/19/2012 210 ENDORSED LETTER as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis addressed to Judge Lewis A. Kaplan from Mark A. Berube dated 9/17/2012 re: Reschedule Briefing as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis(Defendants Replies due by 10/8/2012., Government Responses due by 10/22/2012)...ENDORSEMENT...Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/19/2012)(jw) (Entered: 09/19/2012) 10/08/2012 211 FILING ERROR − DEFICIENT DOCKET ENTRY − OBJECTION TO REPORT AND RECOMMENDATIONS re 206 Report and Recommendations,,,,,,,,,,, by Arnold Maurice Bengis, Jeffrey Noll, David Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Attachments: # 1 Affidavit Declaration of Mark A. Berube, Esq. in support of Defendants' Objections to Report and Recommendation and Response to Government's Objections)(Berube, Mark) Modified on 10/9/2012 (ka). (Entered: 10/08/2012) 10/09/2012 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mark A Berube as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis: to RE−FILE Document 211 Objection to Report and Recommendations. ERROR(S): Filing Error of Attachment#1. Supporting Declaration must be filed individually. Use event code Declaration in Support(non−motion) located under Other Documents. (ka) (Entered: 10/09/2012) 10/09/2012 212 OBJECTION TO REPORT AND RECOMMENDATIONS re 206 Report and Recommendations,,,,,,,,,,, by Arnold Maurice Bengis, Jeffrey Noll, David Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Berube, Mark) (Entered: 10/09/2012) 10/09/2012 213 DECLARATION of Mark A. Berube, Esq. in Support by Arnold Maurice Bengis, Jeffrey Noll, David Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 212 Objection to Report and Recommendations. (Berube, Mark) (Entered: 10/09/2012) 10/09/2012 214 ENDORSED LETTER as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis addressed to Judge Lewis A. Kaplan from Mark A. Berube dated 10/5/2012 re: Defense counsel writes on behalf of the named defendants in this matter to respectfully seek leave to submit a letter on their own behalf directly to Your Honor, and further request that such letter be made part of the public record in this action. We recognize that there is no established procedure for such submission, and thus request the Court's indulgence on Defendants' behalf in permitting this filing. ENDORSEMENT: Defendant's have had a full opportunity to submit evidence before both Judge Peck and the undersigned. The Court sees no reason either to reopen the record for the submission of further evidence or to receive unsworn letters. DENIED. (Signed by Judge Lewis A. Kaplan on 10/9/2012)(dnd) (Entered: 10/10/2012) 10/11/2012 215 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − FIRST MEMORANDUM OF LAW in Support by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 206 Report and Recommendations, 195 Declaration in Support of Motion,, filed by USA, 204 Endorsed Letter,, 200 Memorandum in Support of Motion filed by Arnold Maurice Bengis, Jeffrey Noll, David Bengis, 197 Certificate of Service, filed by USA, 196 Memorandum in Support of Motion, filed by USA, 201 Reply Memorandum of Law in Support of Motion, filed by USA, 194 FIRST MOTION Restitution. filed by USA, 207 Objection to Report and Recommendations, filed by USA. (Attachments: # 1 Exhibit A)(Levy, Daniel) Modified on 10/11/2012 (ka). Modified on 10/11/2012 (ka). (Entered: 10/11/2012) 10/11/2012 NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DOCUMENT TYPE ERROR. Note to Attorney Daniel Walter Levy as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy: to RE−FILE Document 215 Memorandum of Law in Support. Use the document type Response(non−motion) found under the document list Other Documents. (ka) (Entered: 10/11/2012) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 37 of 61 10/11/2012 216 FIRST RESPONSE by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy Government's Response to Defendants' Objections to Report and Recommendation. (Attachments: # 1 Exhibit A)(Levy, Daniel) (Entered: 10/11/2012) 03/11/2013 217 MOTION for Writ of Pursuant to 1651(a). Document filed by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. (Attachments: # 1 Affidavit Levy Declaration, # 2 Exhibit A − financial affidavit, # 3 Exhibit B − Rosebud Settlement, # 4 Exhibit C− Cantrade Nashglobe account opening, # 5 Exhibit D − Cantrade Nashglobe beneficial ownership, # 6 Exhibit E − Cantrade Nashglobe management authority, # 7 Exhibit F − Cantrade Nashglobe transfer to Israel, # 8 Exhibit G − EVE Nashglobe 12−31−03 portfolio overview, # 9 Exhibit H − EVE Nashglobe 3−31−04 statement, # 10 Exhibit I − 6−3−04 transcript, # 11 Exhibit J − Cantrade Worldcup documents, # 12 Text of Proposed Order Proposed Order)(Levy, Daniel) (Entered: 03/11/2013) 03/11/2013 218 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − MOTION for Writ of Pursuant to 1651(a) Memorandum of Law in Support of Motion for Order Pursuant to 28 U.S.C. § 1651(a). Document filed by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. (Attachments: # 1 Appendix 2d Cir. opinion in Catoggio)(Levy, Daniel) Modified on 3/12/2013 (ka). (Entered: 03/11/2013) 03/12/2013 NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DOCUMENT TYPE ERROR. Note to Attorney Daniel Walter Levy as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy: to RE−FILE Document 218 MOTION for Writ of Pursuant to 1651(a) Memorandum of Law in Support of Motion for Order Pursuant to 28 U.S.C. § 1651(a). MOTION for Writ of Pursuant to 1651(a) Memorandum of Law in Support of Motion for Order Pursuant to 28 U.S.C. § 1651(a).. Use the document type Memorandum in Support of Motion found under the document list Replies, Opposition and Supporting Documents. (ka) (Entered: 03/12/2013) 03/12/2013 219 MEMORANDUM in Support by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re 217 MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a).. (Attachments: # 1 Appendix 2d Cir. opinion in Catoggio)(Levy, Daniel) (Entered: 03/12/2013) 03/13/2013 220 STIPULATION: As to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. It is hereby stipulated and agreed by and between the United States of America ("Government") and defendants Arnold Bengis, Jeffrey Noll and David Bengis ("Defendants"), acting through their duly authorized counsel, that the time for Defendants to file an opposition to the Government's March 11,2013 Application for Writ Under 28 U.S.C. § 1651(a) is hereby extended until April 1, 2013. The Government may file its reply (if any) to Defendants' opposition on or before April 15, 2013. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/13/2013)(dnd) (Entered: 03/13/2013) 03/13/2013 Set/Reset Deadlines: As to Arnold Maurice Bengis, Jeffrey Noll, David Bengis: Defendant's Responses to Government's Application for Writ due by 4/1/2013. Government's Replies due by 4/15/2013. (dnd) (Entered: 03/13/2013) 03/25/2013 221 MEMO ENDORSEMENT as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis on re: 217 MOTION for Writ of Pursuant to 1651(a), filed by USA. MEMORANDUM ENDORSEMENT: The Court having considered the government's letter dated March 20, 2013, and having found that the government is threatened with immediate and irreparable injury unless the relief sought by this motion were granted in substantial part pending the hearing of the Motion for a writ under the All Writs Act, it is hereby ORDERED, that defendants Arnold Maurice Bengis, David Bengis and Jeffrey Noll be and they hereby are enjoined and restrained, to and including April 8, 2013, from transferring or otherwise disposing of any assets held at SG Hambros Bank in the Channel Islands except to the extent that any such assets exceed the sum of $54,883,550, and it is further ORDERED, that the Court will hear argument on the government's motion on April 8, 2013 at 12 noon in Courtroom 21B. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/25/2013, Issued at 1:58pm)(bw) (Entered: 03/25/2013) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 38 of 61 04/01/2013 222 MEMORANDUM in Opposition by Arnold Maurice Bengis, Jeffrey Noll, David Bengis re 217 MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a).. (Berube, Mark) (Entered: 04/01/2013) 04/01/2013 223 DECLARATION of Arnold Bengis in Opposition by Arnold Maurice Bengis as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: 217 MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a).. (Berube, Mark) (Entered: 04/01/2013) 04/01/2013 224 DECLARATION of Jeffrey Noll in Opposition by Jeffrey Noll as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: 217 MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a).. (Berube, Mark) (Entered: 04/01/2013) 04/01/2013 225 DECLARATION of David Bengis in Opposition by David Bengis as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: 217 MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a).. (Berube, Mark) (Entered: 04/01/2013) 04/04/2013 226 REPLY MEMORANDUM OF LAW in Support by USA as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: 217 MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a).. (Attachments: # 1 Exhibit K − forfeiture order, # 2 Exhibit L − 5/28/04 transcript excerpts)(Levy, Daniel) (Entered: 04/04/2013) 04/08/2013 227 ORDER as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. This Court's March 25, 2013 order [DI 221] enjoining and restraining defendants Arnold Maurice Bengis, David Bengis, and Jeffrey Noll from transferring or otherwise disposing of any assets held at SG Hambros Bank in the Channel Islands except to the extent that any such assets exceed the sum of $54,883,550 is hereby extended to and including April 22, 2013. (Signed by Judge Lewis A. Kaplan on 4/8/2013)(jw) (Entered: 04/08/2013) 04/08/2013 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Status Conference as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis held on 4/8/2013. Oral argument held regarding restitution held. Defendants not present but attorney Mark Berube present. AUSA Daniel Levy present. NOAA special agent Scott Doyle present. Court Reporter Pamela Utter present. (jbo) (Entered: 04/22/2013) 04/10/2013 228 ORDER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. Presently before the Court is the Government's April 9, 2013 letter requesting that the Court certify certain facts and order defendants to show cause before Judge Kaplan why they should not be held in contempt. (The United States Attorney's Office is directed to file their April 9, 2013 letter via ECF.)The Court "certifies" facts 1, 2 and 7 on page 3 of the Government's letter. (Indeed, facts 2 and 7 are contained in my August 16, 2012 Report and Recommendation, 2012 WL 3518477 at *10.) The Court, however, refuses to order defendants to show cause why they should not be held in contempt. The context of the decision about updated financial affidavits was to address the restitution schedule. See 2012 WL 3518477 at *10. Accordingly, the Court "sanctioned" defendants, by "recommend[ing] that defendants be ordered to pay restitution immediately." Id. The clear purpose for the Government's contempt request is to assist the Government in collecting restitution that, while recommended, has not yet been ordered (or restraining transfer of assets in the meantime). That was not the basis for or purpose of the Court's orders that defendants prepare updated financial affidavits, and this does not justify a contempt show cause order. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 4/10/2013)(dnd) (Entered: 04/10/2013) 04/10/2013 229 MOTION for Contempt Request for Certification Under 28 U.S.C. § 636. Document filed by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Levy, Daniel) Modified on 4/11/2013 (ka). Modified on 4/11/2013 (db). (Entered: 04/10/2013) 04/18/2013 230 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: Oral Argument held on 4/8/13 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Pamela Utter, (212) 805−0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 39 of 61 deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/13/2013. Redacted Transcript Deadline set for 5/23/2013. Release of Transcript Restriction set for 7/22/2013. (Rodriguez, Somari) (Entered: 04/18/2013) 04/18/2013 231 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. Notice is hereby given that an official transcript of a Oral Argument proceeding held on 4/8/13 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Rodriguez, Somari) (Entered: 04/18/2013) 04/22/2013 232 MEMORANDUM in Support by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re 217 MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a).. (Levy, Daniel) (Entered: 04/22/2013) 04/23/2013 233 MOTION for Contempt. Document filed by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Attachments: # 1 Affidavit Supp. Levy Decl., # 2 Exhibit M − Rosebud documents, # 3 Exhibit N − Pearl documents, # 4 Exhibit O − Evolution documents, # 5 Exhibit P, part 1 − Biema documents, # 6 Exhibit P, part 2 − Biema documents, # 7 Exhibit Q − SACS documents, # 8 Exhibit R − Armine documents, # 9 Exhibit S − D. Bengis documents, # 10 Exhibit T − Joint documents, # 11 Exhibit U − Restructuring documents, # 12 Exhibit V − 4−9−13 Letter, # 13 Exhibit W − 4−10−13 Order)(Levy, Daniel) (Entered: 04/23/2013) 04/23/2013 234 ORDER as to (03−Cr−308−) Arnold Maurice Bengis (1), Jeffrey Noll (2), David Bengis (4). The Court having considered the government's memorandum in further support of its application for writ under 28 U.S.C. Section 1651(a), and having found that the government is threatened with immediate and irreparable injury unless the relief sought by this motion were granted in substantial part pending the Court's determination of the government's application, it is hereby ORDERED, that defendants Arnold Maurice Bengis, David Bengis and Jeffrey Noll be and they hereby are enjoined and restrained from transferring or otherwise disposing of any assets held at SG Hambros Bank in the Channel Islands except to the extent that any such assets exceed the sum of $54,883,550. This order shall remain in effect until this Court's determination of the government's application for writ under 28 U.S.C. Section 1651(a) [DI 217] or until June 1, 2013, whichever first occurs. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/23/2013, Issued at 9:58 a.m.)(bw) (Entered: 04/23/2013) 04/23/2013 235 ORDER as to (03−Cr−308−01) Arnold Maurice Bengis. Upon the government's application, filed April 22, 2013, and all papers and proceedings in support thereof, each of the defendants shall show cause, on or before May 7, 2013, why he should not be held in civil contempt of this Court on the ground that each failed to comply with the oral and written orders of Magistrate Judge Andrew J. Peck, issued June 4, 2012, to prepare and serve upon the government, on or before July 6, 2012, a financial affidavit on or before July 6, 2012. Any papers in opposition to the motion shall be served and filed on or before May 7, 2013. Any reply papers in support of the motion shall be served and filed on or before May 14, 2013. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/23/2013)(bw) (Entered: 04/23/2013) 05/07/2013 236 MEMORANDUM in Opposition by Arnold Maurice Bengis, Jeffrey Noll, David Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re 233 MOTION for Contempt.. (Attachments: # 1 Exhibit Exhibit A to Defendants' Opposition)(Berube, Mark) (Entered: 05/07/2013) 05/07/2013 237 DECLARATION of Arnold Bengis in Opposition by Arnold Maurice Bengis, Jeffrey Noll, David Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 233 MOTION for Contempt.. (Berube, Mark) (Entered: 05/07/2013) 05/07/2013 238 DECLARATION of David Bengis in Opposition by Arnold Maurice Bengis, Jeffrey Noll, David Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 233 MOTION for Contempt.. (Berube, Mark) (Entered: Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 40 of 61 05/07/2013) 05/14/2013 239 REPLY MEMORANDUM OF LAW in Support by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 233 MOTION for Contempt., 217 MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a).. (Levy, Daniel) (Entered: 05/14/2013) 05/31/2013 240 ORDER as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. ORDERED, that the Court's Order of April 23, 2013 granting the government's application for a restraining order is extended until the Court rules on the government's application for restitution [DI 194], its request for a writ under 28 U.S.C. Section 1651(a) [DI 217], or June 15, 2013, whichever first occurs.In any event, the Court intends to render a decision on the government's application for restitution in the near future. (Signed by Judge Lewis A. Kaplan on 5/31/2013)(jw) (Entered: 05/31/2013) 06/03/2013 241 ORDER as to David Bengis. The Court today received an email from this defendant in which the defendant (1) submits a memorandum of law said to have been drafted by a lawyer other than his counsel of record, who is Mark A. Berube, Esq., (2) states that the author of the memorandum is not willing to appear on defendant's behalf because the fee he requested has not been paid, (3) acknowledges that the submission is untimely, (4) asserts that he has discharged his present counsel of record, and (5) asks that "the Court liaise directly with [defendant] through [his] email address." Mr. Berube is defendant's counsel of record unless and until he is relieved by order of the Court. S.D.N.Y. Crim. R. 1.2; S.D.N.Y. Civ. R. 1.4. While the defendant has a qualified right to represent himself, he does not have a right to be represented by counsel and, at the same time, represent himself pro se. E.g., Clark v. Perez, 510 F.3d 382, 395 (2d Cir. 2008). Accordingly, the Court will not accept any submissions by this defendant as long as he is represented by counsel. While criminal defendants have the right of self−representation, the right "is not without limits" and must be "validly invoked." Clark, 510 F.3d at 395. This requires that a defendant seeking to self−represent "waive the right to assistance of counsel" and, moreover, do so "knowingly and intelligently" and "with an 'aware[ness] of the dangers and disadvantages of self−representation.'"Id. at 394−95 (citation omitted). This record does not establish a knowing and intelligent waiver made with the requisite awareness. This ordinarily involves a personal appearance before the Court although the Court would consider an attempt to make such a showing absent such an appearance were such an attempt made. This Court will not accept emails on case−related matters. Defendant is directed not to attempt to contact the undersigned by email Any case−related papers must be submitted in accordance with the procedures established by the Court. The Court will not "liaise" or otherwise engage in email correspondence with the defendant. Mr. Berube is directed to provide the defendant with a copy of this order and to file proof that he has done so. (Signed by Judge Lewis A. Kaplan on 6/3/2013)(jw) (Entered: 06/03/2013) 06/05/2013 242 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − NOTICE of Delivery of Order to Defendants as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 241 Order. (Berube, Mark) Modified on 6/5/2013 (ka). (Entered: 06/05/2013) 06/05/2013 NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DOCUMENT TYPE ERROR. Note to Attorney Mark A Berube as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy: to RE−FILE Document 242 Notice (Other), Notice (Other). Use the document type Certificate of Service found under the document list Service of Process. (ka) (Entered: 06/05/2013) 06/05/2013 243 Certificate of Service of 241 Order,,,,,,,,, of June 3 Order by David Bengis. Document was served on David Bengis on June 3, 2013. Service was made by Email. (Berube, Mark) (Entered: 06/05/2013) 06/06/2013 244 MOTION for Mark A. Berube to Withdraw as Attorney for David Bengis. Document filed by David Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Berube, Mark) (Entered: 06/06/2013) 06/06/2013 245 MEMORANDUM in Support by David Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re 244 MOTION for Mark A. Berube to Withdraw as Attorney for David Bengis.. (Berube, Mark) (Entered: 06/06/2013) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 41 of 61 06/06/2013 246 DECLARATION of David Bengis in Support as to David Bengis re: 244 MOTION for Mark A. Berube to Withdraw as Attorney for David Bengis.. (Berube, Mark) (Entered: 06/06/2013) 06/06/2013 247 DECLARATION of Mark A. Berube in Support as to David Bengis re: 244 MOTION for Mark A. Berube to Withdraw as Attorney for David Bengis.. (Berube, Mark) (Entered: 06/06/2013) 06/07/2013 248 ORDER denying 244 Motion to Withdraw as Attorney as to David Bengis (4). The motion is denied without prejudice to renewal on a more complete showing, which is not to say that an in−person appearance by Mr. Bengis will not be required at some point if he wishes to proceed with his intention to represent himself. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/7/2013) (dnd) (Entered: 06/07/2013) 06/14/2013 249 MEMORANDUM OPINION: #103307 as to (S1−03−Cr−308−) Arnold Maurice Bengis (1), Jeffrey Noll (2), David Bengis (4). Defendants Arnold Bengis and Jeffrey Noll pleaded guilty to: (i) conspiracy to violate the Lacey Act and to commit smuggling, and (ii) substantive violations of the Lacey Act. Defendant David Bengis pleaded guilty to the conspiracy charge only. In 2004, the defendants were sentenced to various terms of imprisonment and supervised release and together forfeited a total of $13,300,000 to the United States. This matter now is before the Court on the report and recommendation of Magistrate Judge Andrew J. Peck (the "R&R"), which recommended that the defendants be ordered to pay restitution, jointly and severally, to the Republic of South Africa in the amount $54,883,550. Defendants object to the R&R....[See Memorandum Opinion]... Conclusion: For the foregoing reasons, the Court concludes that restitution is proper for the $29,495,800 in losses caused by defendants' importation of West Coast lobster into the United States in violation of U.S. law. The government has not identified any evidence that any of the South Coast lobster were imported into this county. The amount of restitution should be reduced by the $7,049,080 the defendants already have paid to South Africa. The government's application [DI 194] is granted to the extent that Arnold Bengis, Jeffrey Noll, and David Bengis shall pay restitution to the Republic of South Africa, jointly and severally, in the amount of $22,446,720. It is denied in all other respects. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/14/2013)(bw) Modified on 6/18/2013 (jab). (Entered: 06/14/2013) 06/14/2013 250 ORDER as to (S1−03−Cr−308−) Arnold Maurice Bengis (1), Jeffrey Noll (2), David Bengis (4). On April 23, 2013, the Court issued an order [DI234] restraining the defendants from transferring or disposing of any assets held at SG Hambros Bank in the Channel Islands, except to the extent that such assets exceed $54,883,550. In view of the Court's June 14, 2013 decision ordering restitution in the amount of $22,446,720, the amount of assets restrained is greatly in excess of that necessary to satisfy the order of restitution. The Court's April 23 Order therefore is modified as follows: the defendants are hereby enjoined and restrained from transferring or otherwise disposing of any assets held at SG Hambros Bank in the Channel Islands except to the extent that any such assets exceed the sum of $22,446,720. On March 11, 2013, the government applied for an order under the All Writs Act [DI217] directing the defendants to pay $54,883,550 into the registry of the Court to prevent dissipation of the funds and to make them available for any eventual order of restitution. In light of the Court's restitution order, the government's application for interim relief is denied as moot. The government's application under the All Writ Act to hold the defendants in civil contempt and to impose a fine for their failure to submit financial affidavits to Magistrate Judge Peck [DI233] is denied. Judge Peck requested the financial affidavits to create a payment schedule based on the defendants' financial resources. The appropriate sanction for the failure to submit financial affidavits was recommending that the full amount of restitution be paid immediately. Accordingly, this application [DI233] is denied. (Signed by Judge Lewis A. Kaplan on 6/14/2013)(bw) (Entered: 06/14/2013) 06/28/2013 251 NOTICE OF APPEAL by Arnold Maurice Bengis, Jeffrey Noll, David Bengis from 249 Memorandum & Opinion, 250 Order,. Filing fee $ 455.00, receipt number 465401070898. (nd) (Entered: 06/28/2013) 06/28/2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis to US Court of Appeals re: 251 Notice of Appeal. (nd) (Entered: 06/28/2013) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 42 of 61 07/12/2013 252 TRANSCRIPT REQUEST by Arnold Maurice Bengis, Jeffrey Noll, David Bengis No transcript ordered. (Berube, Mark) (Entered: 07/12/2013) 07/12/2013 253 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: 251 Notice of Appeal − Final Judgment; USCA Case Number 13−2543, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (Attachments: # 1 index part 2 pages 45−90)(nd) (Entered: 07/12/2013) 08/03/2013 254 FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION for Bond or Deposit of Restitution into Registry of the Court. Document filed by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Attachments: # 1 Affidavit Declaration of Daniel W. Levy, # 2 Exhibit A − Initial Restraining Orders, # 3 Exhibit B − Jersey Order, # 4 Exhibit C − Diagram of Bengis Property Interests, # 5 Exhibit D − Restitution Order, # 6 Exhibit E − Permanent Restraining Order, # 7 Exhibit F − Notice of Appeal)(Levy, Daniel) Modified on 8/5/2013 (db). (Entered: 08/03/2013) 08/03/2013 255 FILING ERROR − DEFICIENT DOCKET ENTRY − MEMORANDUM in Support by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re 254 MOTION for Bond or Deposit of Restitution into Registry of the Court.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Levy, Daniel) Modified on 8/5/2013 (db). (Entered: 08/03/2013) 08/05/2013 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel Walter Levy as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy: to RE−FILE Document 254 MOTION for Bond or Deposit of Restitution into Registry of the Court. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) (Entered: 08/05/2013) 08/05/2013 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel Walter Levy as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy: to RE−FILE Document 255 Memorandum in Support of Motion. ERROR(S): Document linked to filing error. (db) (Entered: 08/05/2013) 08/06/2013 256 MOTION for Bond or Deposit of Restitution into Registry of the Court. Document filed by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Attachments: # 1 Text of Proposed Order)(Echenberg, Janis) (Entered: 08/06/2013) 08/06/2013 257 MEMORANDUM in Support by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re 256 MOTION for Bond or Deposit of Restitution into Registry of the Court.. (Echenberg, Janis) (Entered: 08/06/2013) 08/06/2013 258 DECLARATION of Daniel W. Levy in Support by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 256 MOTION for Bond or Deposit of Restitution into Registry of the Court.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Echenberg, Janis) (Entered: 08/06/2013) 08/09/2013 259 NOTICE OF ATTORNEY APPEARANCE Janis Echenberg appearing for USA. (Echenberg, Janis) (Entered: 08/09/2013) 08/27/2013 260 STIPULATION: As to Arnold Maurice Bengis, Jeffrey Noll, David Bengis. It is hereby stipulated and agreed by and between the United States of America ("Government") and defendants Arnold Bengis, Jeffrey Noll and David Bengis ("Defendants"), acting through their duly authorized counsel, that the time for Defendants to file an opposition to the Government's August 3, 2013 Application for an Order Requiring Defendants To Deposit Restitution or Post A Bond is hereby extended until September 6, 2013. The Government may file its reply (if any) to Defendants' opposition on or before September 27, 2013. (Signed by Judge Lewis A. Kaplan on 8/26/2013)(dnd) (Entered: 08/27/2013) 08/27/2013 Set/Reset Deadlines as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis: Defendant's Responses due by 9/6/2013. Government's Replies due by 9/27/2013. Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 43 of 61 (dnd) (Entered: 08/27/2013) 09/06/2013 261 MEMORANDUM in Opposition by Arnold Maurice Bengis, Jeffrey Noll, David Bengis re 256 MOTION for Bond or Deposit of Restitution into Registry of the Court.. (Berube, Mark) (Entered: 09/06/2013) 09/06/2013 262 DECLARATION of Arnold Bengis in Opposition as to Arnold Maurice Bengis re: 256 MOTION for Bond or Deposit of Restitution into Registry of the Court.. (Berube, Mark) (Entered: 09/06/2013) 09/06/2013 263 DECLARATION of Jeffrey Noll in Opposition as to Jeffrey Noll re: 256 MOTION for Bond or Deposit of Restitution into Registry of the Court.. (Berube, Mark) (Entered: 09/06/2013) 09/06/2013 264 DECLARATION of David Bengis in Opposition as to David Bengis re: 256 MOTION for Bond or Deposit of Restitution into Registry of the Court.. (Berube, Mark) (Entered: 09/06/2013) 09/06/2013 265 DECLARATION of Mark A. Berube in Opposition as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: 256 MOTION for Bond or Deposit of Restitution into Registry of the Court.. (Berube, Mark) (Entered: 09/06/2013) 09/09/2013 266 SEALED DOCUMENT placed in vault. (mps) (Entered: 09/09/2013) 09/27/2013 267 REPLY MEMORANDUM OF LAW in Support by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 256 MOTION for Bond or Deposit of Restitution into Registry of the Court.. (Echenberg, Janis) (Entered: 09/27/2013) 10/17/2013 268 ORDER granting in part and denying in part 256 Motion for Bond. As to Arnold Maurice Bengis (1), Jeffrey Noll (2), David Bengis (4). Defendants and all persons in active concert or participation with any of them who get actual notice of this Order, through personal service or otherwise, forthwith shall transfer all funds that are the property of any defendant or in which any defendant has a legal, beneficial, or other interest (up to the aggregate sum of $22,446, 720) to the Clerk of Court. Defendants and all persons in active concert or participation with any of them who get actual notice of this Order, through personal service or otherwise, be and hereby are enjoined from encumbering or transferring to anyone other than the Clerk of Court any property of any defendant or in which any defendant has a legal, beneficial, or other interest (up to the aggregate sum of $22,446, 720). The government's application is otherwise denied. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/17/2013) (dnd) (Entered: 10/17/2013) 10/18/2013 CASHIERS OFFICE REGISTRY DEPOSIT as to Arnold Maurice Bengis as per 268 Order on Motion for Bond,,,, dated 10/17/13, from Judge Judge Lewis A. Kaplan, received $1,854,387.00 from Arnold Maurice Bengis Receipt Number 11465400031 on 10/18/2013. (cde) (Entered: 12/20/2013) 10/21/2013 269 SEALED DOCUMENT placed in vault. (mps) (Entered: 10/21/2013) 10/21/2013 270 SEALED DOCUMENT placed in vault. (mps) (Entered: 10/21/2013) 10/31/2013 271 NOTICE OF APPEAL by Arnold Maurice Bengis, Jeffrey Noll, David Bengis from 268 Order on Motion for Bond. Filing fee $ 455.00, receipt number 465401080345. (nd) (Entered: 11/01/2013) 11/01/2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis to US Court of Appeals re: 271 Notice of Appeal. (nd) (Entered: 11/01/2013) 11/13/2013 Appeal Record Sent to USCA (Electronic File). USCA Case No. 13−4268−cr. Certified Indexed record on Appeal Electronic Files as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: 182 Order,,,, Set Deadlines/Hearings,,, 210 Endorsed Letter,, Set Deadlines/Hearings, 249 Memorandum & Opinion,,,,,, 232 Memorandum in Support of Motion, 112 Order,,,,,, 195 Declaration in Support of Motion,, 162 MOTION for Jared J. Scharf to Withdraw as Attorney., 171 Memorandum in Support of Motion, 136 MOTION for Victim Rights., 237 Declaration in Opposition to Motion, 214 Endorsed Letter,,, 233 MOTION for Contempt., 235 Order,,,, Set Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 44 of 61 Deadlines/Hearings,,, 212 Objection to Report and Recommendations, 252 Appeal Transcript Request, 218 MOTION for Writ of Pursuant to 1651(a) Memorandum of Law in Support of Motion for Order Pursuant to 28 U.S.C. § 1651(a). MOTION for Writ of Pursuant to 1651(a) Memorandum of Law in Support of Motion for Order Pursuant to 28 U.S.C. § 1651(a)., 152 Order on Motion for Early Termination of Probation, 149 Endorsed Letter, 123 Reply Memorandum of Law in Opposition to Motion, 121 Report and Recommendations, 255 Memorandum in Support of Motion, 219 Memorandum in Support of Motion, 256 MOTION for Bond or Deposit of Restitution into Registry of the Court., 169 MOTION for Frank H. Wohl to Withdraw as Attorney., 267 Reply Memorandum of Law in Support of Motion, 265 Declaration in Opposition to Motion, 157 Order, 166 Endorsed Letter,,,,,, Set Deadlines/Hearings,,,,, 261 Memorandum in Opposition to Motion, 227 Order, 209 Stipulation and Order,,, Set Deadlines/Hearings,, 224 Declaration in Opposition to Motion, 228 Order,,,,, 155 Endorsed Letter,, 206 Report and Recommendations,,,,,,,,,,, 238 Declaration in Opposition to Motion, 230 Transcript,, 223 Declaration in Opposition to Motion, 197 Certificate of Service, 221 Memo Endorsement,,,,, Set Deadlines/Hearings,,,, 156 USCA Order Non−Dismissal, 222 Memorandum in Opposition to Motion, 158 Endorsed Letter,,,, 245 Memorandum in Support of Motion, 262 Declaration in Opposition to Motion, 254 MOTION for Bond or Deposit of Restitution into Registry of the Court., 231 Notice of Filing Transcript,, 213 Declaration in Support, 189 Endorsed Letter, 193 Order,,,, Set Deadlines,,,, Set Hearings,,, 251 Notice of Appeal − Final Judgment, 220 Stipulation and Order,, 244 MOTION for Mark A. Berube to Withdraw as Attorney for David Bengis., 259 Notice of Attorney Appearance − USA, 208 Notice of Attorney Appearance − Defendant, 154 Probation Form, 236 Memorandum in Opposition to Motion, 207 Objection to Report and Recommendations, 217 MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a). MOTION for Writ of Pursuant to 1651(a)., 163 Declaration in Support of Motion, 242 Notice (Other), Notice (Other), 216 Response, 258 Declaration in Support of Motion, 229 MOTION for Contempt Request for Certification Under 28 U.S.C. § 636., 211 Objection to Report and Recommendations,, 226 Reply Memorandum of Law in Support of Motion, 196 Memorandum in Support of Motion, 271 Notice of Appeal − Final Judgment, 194 FIRST MOTION Restitution., 260 Stipulation and Order,, 134 Report and Recommendations, 122 MOTION objection to Mag. report & recommendation., 234 Order,,,, 268 Order on Motion for Bond,,,, 160 Order,,, Set Deadlines/Hearings,, 153 Endorsed Letter,, 159 USCA Mandate − Interlocutory Appeal,, 186 Notice of Attorney Appearance − USA, 225 Declaration in Opposition to Motion, 131 Reply Memorandum of Law in Support of Motion, 248 Order on Motion to Withdraw as Attorney, 240 Order,, 161 Endorsed Letter,, Set Deadlines, 215 Memorandum of Law in Support,,, 180 Order on Motion to Withdraw as Attorney, 257 Memorandum in Support of Motion, 201 Reply Memorandum of Law in Support of Motion, 250 Order,,,,,,, 142 Appeal Record Sent to USCA − Index, 170 Declaration in Support of Motion, 253 Appeal Record Sent to USCA − Index, 239 Reply Memorandum of Law in Support of Motion, 183 Order,, were transmitted to the U.S. Court of Appeals. (nd) (Entered: 11/13/2013) 12/16/2013 272 NOTICE OF ATTORNEY APPEARANCE Alexander Joshua Wilson appearing for USA. (Wilson, Alexander) (Entered: 12/16/2013) 01/08/2014 273 SEALED DOCUMENT placed in vault. (mps) (Entered: 01/08/2014) 02/24/2014 274 SEALED DOCUMENT placed in vault. (nm) (Entered: 02/24/2014) 03/28/2014 275 NOTICE OF ATTORNEY APPEARANCE: Daniel Seth Ruzumna appearing for Grant Berman. Appearance Type: Retained. (Ruzumna, Daniel) (Entered: 03/28/2014) 03/28/2014 276 NOTICE OF ATTORNEY APPEARANCE: Abraham S. Cho appearing for Grant Berman. Appearance Type: Retained. (Cho, Abraham) (Entered: 03/28/2014) 04/18/2014 277 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − MOTION to Travel. Document filed by Grant Berman. (Ruzumna, Daniel) Modified on 4/21/2014 (ka). (Entered: 04/18/2014) 04/21/2014 NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DOCUMENT TYPE ERROR. Note to Attorney Daniel Seth Ruzumna as to Grant Berman: to RE−FILE Document 277 MOTION to Travel. Use the document type Letter Motion found under the document list Motions. (ka) (Entered: 04/21/2014) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 45 of 61 04/21/2014 278 LETTER MOTION addressed to Judge Lewis A. Kaplan from Daniel S. Ruzumna dated April 18, 2014 re: permission to travel. Document filed by Grant Berman. (Ruzumna, Daniel) (Entered: 04/21/2014) 04/22/2014 279 LETTER RESPONSE to Motion by USA as to Grant Berman addressed to Judge Lewis A. Kaplan from Alexander Wilson dated 04/22/2014 re: 278 LETTER MOTION addressed to Judge Lewis A. Kaplan from Daniel S. Ruzumna dated April 18, 2014 re: permission to travel.. (Wilson, Alexander) (Entered: 04/22/2014) 04/23/2014 280 MEMO ENDORSEMENT on 278 LETTER MOTION filed by Grant Berman (3), addressed to Judge Lewis A. Kaplan from Attorney Daniel S. Ruzumna dated April 18, 2014 re: permission to travel. We respectfully request Your Honor's permission for Mr. Berman to travel to Mexico with prior notice to his Probation Officer during the weeks of April 21, 2014 and April 28, 2014. ENDORSEMENT: Granted on Consent. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 4/22/2014) (bw) (Entered: 04/23/2014) 05/07/2014 281 LETTER MOTION addressed to Judge Lewis A. Kaplan from Daniel S. Ruzumna dated May 7, 2014 re: permission to travel. Document filed by Grant Berman. (Ruzumna, Daniel) (Entered: 05/07/2014) 05/08/2014 282 LETTER RESPONSE to Motion by USA as to Grant Berman addressed to Judge Lewis A. Kaplan from Alexander Wilson dated May 8, 2014 re: 281 LETTER MOTION addressed to Judge Lewis A. Kaplan from Daniel S. Ruzumna dated May 7, 2014 re: permission to travel.. (Wilson, Alexander) (Entered: 05/08/2014) 05/09/2014 283 MEMO ENDORSEMENT on 281 LETTER MOTION filed by (S2−03−Cr−308−) Grant Berman (3), addressed to Judge Lewis A. Kaplan from Attorney Daniel S. Ruzumna dated May 7, 2014 re: permission to travel. We write on behalf of our client, Grant Berman, who is currently on bail in connection with the above−captioned matter, to request permission for Mr. Berman to travel outside of the country for a second time for the balance of this week and the week of May 12 for business purposes. We have communicated with Assistant U.S. Attorney Alexander Wilson regarding this request, and he provided the Government's consent to the request. Accordingly, we respectfully request Your Honor's permission for Mr. Berman to travel outside of the country with prior notice to his Probation Officer from the date of this letter until May 18, 2014. ENDORSEMENT: Application granted on consent. So Ordered. (Signed by Judge Loretta A. Preska on 5/9/2014, U.S.D.J. − Part I) (bw) (Entered: 05/12/2014) 07/02/2014 284 MOTION for Abraham S. Cho to Withdraw as Attorney. Document filed by Grant Berman. (Cho, Abraham) (Entered: 07/02/2014) 07/07/2014 285 MEMO ENDORSEMENT granting 284 MOTION for Abraham S. Cho to Withdraw as Attorney, as to Grant Berman (3). ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/7/2014) (bw) (Entered: 07/07/2014) 07/07/2014 Attorney update in case as to Grant Berman (3). Attorney Abraham S. Cho terminated. (bw) (Entered: 07/07/2014) 07/15/2014 286 LETTER MOTION addressed to Judge Lewis A. Kaplan from Daniel S. Ruzumna dated 7/15/2014 re: to respectfully request a sixty−day adjournment of July 23, 2014 appearance before the Court. Document filed by Grant Berman. (Ruzumna, Daniel) (Entered: 07/15/2014) 09/18/2014 287 CONSENT MOTION to Withdraw Plea of Guilty. Document filed by Grant Berman. (Ruzumna, Daniel) (Entered: 09/18/2014) 09/18/2014 288 DECLARATION of Grant Berman in Support as to Grant Berman re: 287 CONSENT MOTION to Withdraw Plea of Guilty.. (Ruzumna, Daniel) (Entered: 09/18/2014) 09/18/2014 289 MEMORANDUM in Support by Grant Berman re 287 CONSENT MOTION to Withdraw Plea of Guilty.. (Ruzumna, Daniel) (Entered: 09/18/2014) 09/29/2014 290 Order to Unseal Information as to Grant Berman. The (S2) information is ordered unsealed (Signed by Judge Lewis A. Kaplan on 9/29/14)(jw) (Entered: 09/29/2014) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 46 of 61 09/29/2014 Transmission to Sealed Records Clerk: as to Grant Berman. Transmitted re: 290 Order to Unseal Information to the Sealed Records Clerk for the sealing or unsealing of document or case. (jw) (Entered: 09/29/2014) 09/29/2014 291 (S2) SUPERSEDING INFORMATION (Felony) filed as to Grant Berman (3) count(s) 1s, 2s, 3s, 4s. (jm)(Document originally filed under seal on 10/3/03) (Entered: 09/30/2014) 09/29/2014 292 WAIVER OF INDICTMENT by Grant Berman. (Document originally filed under seal on 10/3/03) (jm) (Entered: 09/30/2014) 09/29/2014 293 CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Grant Berman. (Document originally filed under seal on 10/3/03) (jm) (Entered: 09/30/2014) 09/29/2014 Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Arraignment as to Grant Berman (3) Count 1s,2s,3s,4s held on 9/29/2014. Deft present with atty Michael Berg. AUSA Marcus Ashner present. Defendant plead not guilty as to S1 03 cr 308 waived indictment as to S2 03 cr 308, defendant, plead guilty to count 1,2,3,& 4 information on S2 03 CR 308. PSI ordered. Bail continued. Sentence date (control date) 4/5/4 at 10:00am. Case assigned to Judge Kaplan for all purposes. (***Unsealed on 9/29/14 and originally filed on 10/3/03***). (jw) (Entered: 09/30/2014) 09/29/2014 Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Plea entered by Grant Berman (3) Guilty as to Count 1s,2s,3s,4s. (jw) (Entered: 09/30/2014) 09/29/2014 Order of Referral to Probation for Presentence Investigation and Report as to Grant Berman (***Unsealed on 9/29/14 and Originally filed on 10/3/03***). (Signed by Magistrate Judge Ronald L. Ellis on 9/29/14)(jw) (Entered: 09/30/2014) 09/29/2014 294 NOTICE OF MOTION TO WITHDRAW PLEAS OF GUILTY BY DEFENDANT GRANT BERMAN granting 287 Motion to Withdraw Plea of Guilty by Grant Berman (3) for Count 1s,2s,3s,4s as to Grant Berman (3)...ENDORSEMENT...Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/24/14) (jw) (Entered: 09/30/2014) 09/29/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Change of Plea Hearing as to Grant Berman held on 9/29/2014. Defendant Grant Berman (3) present with attorneys Daniel S. Ruzumna and Elena S. Reich. AUSA Alexander J. Wilson present. Court reporter Eve Giniger present. Defendantwithdrew his guilty plea as to counts (S2)1, (S2)2, (S2)3, and (S2)4 and also withdrew his not guilty plea as to (S1)1 and entered a plea of GUILTY to (S1)1. The sentencing was set for 12/18/14 at 4:30pm. PSI was ordered. Defendant remained on bail. (Originally filed on 9/24/14 and unsealed on 9/29/14) (jw) (Entered: 09/30/2014) 09/29/2014 Change of Not Guilty Plea to Guilty Plea as to Grant Berman (3) Count 1 (S1). (jw) (Entered: 09/30/2014) 09/29/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Plea entered by Grant Berman (3) Guilty as to Count 1. (jw) (Entered: 09/30/2014) 09/29/2014 Order of Referral to Probation for Presentence Investigation and Report as to Grant Berman (Signed by Judge Lewis A. Kaplan on 9/29/14)(jw) (Entered: 09/30/2014) 10/14/2014 295 LETTER MOTION addressed to Judge Lewis A. Kaplan from Daniel S. Ruzumna dated 10/14/2014 re: to request permission for Mr. Berman to make several single−day trips to Mexico for a two−week period. Document filed by Grant Berman. (Ruzumna, Daniel) (Entered: 10/14/2014) 10/14/2014 296 ORDER granting 295 LETTER MOTION as to Grant Berman (3). (Signed by Judge Lewis A. Kaplan on 10/14/2014) (Kaplan, Lewis) (Entered: 10/14/2014) 10/29/2014 297 TRANSCRIPT of Proceedings as to Grant Berman re: Plea held on 9/24/2014 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Eve Giniger, (212) 805−0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/24/2014. Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 47 of 61 Redacted Transcript Deadline set for 12/4/2014. Release of Transcript Restriction set for 1/30/2015. (McGuirk, Kelly) (Entered: 10/29/2014) 10/29/2014 298 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Grant Berman. Notice is hereby given that an official transcript of a Plea proceeding held on 9/24/2014 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 10/29/2014) 12/04/2014 299 SENTENCING SUBMISSION by Grant Berman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Ruzumna, Daniel) (Entered: 12/04/2014) 12/17/2014 300 SENTENCING SUBMISSION by USA as to Grant Berman. (Wilson, Alexander) (Entered: 12/17/2014) 12/18/2014 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Sentencing held on 12/18/2014 for Grant Berman (3) Count 1. Defendant Grant Berman (3) present with attorneys Daniel S. Ruzumna and Elena Steiger−Reich. AUSA Alexander J. Wilson present. Court reporter Rebecca Forman present. Defendant Sentenced to Time Served to be followed by 18 months supervised release. The following are the special conditions of supervised release. * The defendant shall follow all directions of the Bureau of Citizenship and Immigration Services in any proceedings it may institute. * If the defendant is removed or deported from the United States, he shall not reenter the United States illegally. The defendant shall pay a $25 special assessment, $5,000 fine, and $10 in restitution to the Government of South Africa immediately. (jbo) (Entered: 12/22/2014) 01/08/2015 0 DISMISSAL OF COUNTS on Government Motion as to Grant Berman (3) Count 1, 2−21, 2−4, 2s, 3s, 4s, 5−21. (ft) Modified on 1/8/2015 (ft). (Entered: 01/08/2015) 01/08/2015 301 JUDGMENT as to Grant Berman (3), Count(s) 1, 2−21, 2−4, 2s, 3s, 4s, 5−21, Dismissed.; Count(s) 1s, Imprisonment: TIME SERVED. Supervised Release: 18 months. The defendant shall follow all directions of the Bureau of Citizenship and Immigration Services in any proceedings it may institute. If the defendant is removed or deported from the United States, he shall not reenter the United States illegally. The defendant shall pay the special assessment fee of $25, the fine of $5,000 and the restitution of $25 all as a lump sum payment of $5,035 due immediately. (Signed by Judge Lewis A. Kaplan on 1/8/2015)(ft) Modified on 1/8/2015 (ft). (Entered: 01/08/2015) 01/12/2015 302 SEALED DOCUMENT placed in vault. (mps) (Entered: 01/12/2015) 01/13/2015 Payment of Special Assessment from Grant Berman in the amount of $25. Date Received: 1/13/2015. (ew) (Entered: 01/15/2015) 01/13/2015 Payment of Fine from Grant Berman in the amount of $5000. Date Received: 1/13/2015. (ew) (Entered: 01/15/2015) 01/13/2015 Payment of Restitution from Grant Berman in the amount of $10. Date Received: 1/13/2015. (ew) (Entered: 01/15/2015) 01/14/2015 303 TRANSCRIPT of Proceedings as to Grant Berman re: Sentence held on 12/18/2014 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Rebecca Forman, (212) 805−0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/9/2015. Redacted Transcript Deadline set for 2/20/2015. Release of Transcript Restriction set for 4/17/2015. (McGuirk, Kelly) (Entered: 01/14/2015) 01/14/2015 304 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Grant Berman. Notice is hereby given that an official transcript of a Sentence proceeding held on 12/18/2014 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 48 of 61 days.... (McGuirk, Kelly) (Entered: 01/14/2015) 01/28/2015 305 MEMO ENDORSEMENT on ORDER RECONVEYING TRUST DEED AND SUBSTITUTING CASH BOND as to Grant Berman. ENDORSEMENT: The Clerk's office may accept the check. (Signed by Judge Lewis A. Kaplan on 1/28/2015) A copy of this order was forwarded to the finance unit on 1/28/2015. (ft) (Entered: 01/28/2015) 04/16/2015 306 OPINION AND ORDER of USCA (certified copy) re: 251 Notice of Appeal − Final Judgment, 271 Notice of Appeal − Final Judgment USCA Case Number 13−2543−cr(L);13−4268−cr(CON). For the foregoing reasons, the judgment is AFFIRMED in part, VACATED in part, and REMANDED for further proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 4/16/2015. (tp) Modified on 4/16/2015 (tp). (Entered: 04/16/2015) 04/16/2015 Transmission of USCA Mandate/Order to the District Judge re: 306 USCA Opinion and Order. (tp) (Entered: 04/16/2015) 04/21/2015 307 SEALED DOCUMENT placed in vault. (nm) (Entered: 04/21/2015) 04/24/2015 308 NOTICE OF ATTORNEY APPEARANCE: Eric M. Creizman appearing for David Bengis. Appearance Type: Retained. (Creizman, Eric) (Entered: 04/24/2015) 04/27/2015 309 ORDER OF REFERENCE TO A MAGISTRATE JUDGE as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. The above entitled action is referred to the designated Magistrate Judge for the following purposes: Other. (Signed by Judge Lewis A. Kaplan on 4/27/15)(jw) (Entered: 04/27/2015) 04/27/2015 310 ORDER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. Counsel are to confer and advise the Court, by May 1, 2015, of their proposal (hopefully mutual) of next steps regarding the Second Circuit's remand as to defendant David Bengis. (Signed by Magistrate Judge Andrew J. Peck on 4/27/15)(jw) (Entered: 04/27/2015) 04/30/2015 CASH BAIL RETURNED as to Grant Berman dated 2/24/2015, from Judge Judge Jed S. Rakoff, in the amount of $35,850.19, Check No. 01020679, Check Dated 3/5/2015, payable to BRADLEY BERMAN and picked up by JUSTIN CRAIG NEAL on 4/21/2015. (lcu) (Entered: 04/30/2015) 05/02/2015 311 NOTICE OF ATTORNEY APPEARANCE Jared P Lenow appearing for USA. (Lenow, Jared) (Entered: 05/02/2015) 05/02/2015 312 LETTER by USA as to David Bengis addressed to Magistrate Judge Andrew J. Peck from AUSA Jared Lenow dated May 2, 2015 re: Status of case following remand Document filed by USA. (Lenow, Jared) (Entered: 05/02/2015) 05/04/2015 313 MEMO ENDORSEMENT as to David Bengis on re: 312 Letter filed by USA. ENDORSEMENT: Approved − counsel are to advise the Court by no later then 7/2/15. (Signed by Magistrate Judge Andrew J. Peck on 5/4/2015)(ft) (Entered: 05/04/2015) 05/12/2015 314 MANDATE of USCA (certified copy) as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis re: 271 Notice of Appeal, 251 Notice of Appeal. USCA Case Number 13−2543−cr(L); 13−4268−cr(con). The appeals in the above captioned case from a restitution order of the United States District Court for the Southern District of New York was argued on the district court's record and the parties briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is AFFIRMED in part, VACATED in part, and REMANDED for further proceedings in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Issued As Mandate: 05/12/2015. (nd) (Entered: 05/13/2015) 05/12/2015 ***Case Reopened as to Arnold Maurice Bengis, Jeffrey Noll, David Bengis.. (nd) (Entered: 05/20/2015) 05/13/2015 Transmission of USCA Mandate to the District Judge re: 314 USCA Mandate. (nd) (Entered: 05/13/2015) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 49 of 61 06/30/2015 315 JOINT LETTER MOTION addressed to Magistrate Judge Andrew J. Peck from Eric Creizman dated June 30, 2015 re: Joint Request to Stay Proceedings. Document filed by David Bengis. (Creizman, Eric) (Entered: 06/30/2015) 07/01/2015 316 MEMO ENDORSEMENT granting 315 LETTER MOTION Stay of Proceedings as to David Bengis (4). ENDORSEMENT: Approved. (Signed by Magistrate Judge Andrew J. Peck on 7/1/2015) (ft) (Entered: 07/01/2015) 07/28/2015 322 SATISFACTION OF JUDGMENT: Filed by USA as to (03−Cr−308−03) Grant Berman. Satisfaction is acknowledged between United States of America, plaintiff, and Grant Berman, defendant, for the fine in the amount of $5,000.00, the restitution in the amount of $10.00, and the special assessment in the amount of $25.00, amounting in all to the sum of $5,035.00. Judgment entered in the Judgment Book of the United States District Court for the Southern District of New York on the 18th day of December 2014. (bw) (Entered: 08/13/2015) 07/29/2015 317 NOTICE OF ATTORNEY APPEARANCE: Joshua Samuel Sohn appearing for Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. Appearance Type: Retained. (Sohn, Joshua) (Entered: 07/29/2015) 07/29/2015 318 MOTION for Mark Berube to Withdraw as Attorney. Document filed by Arnold Maurice Bengis, Jeffrey Noll as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Sohn, Joshua) (Entered: 07/29/2015) 07/30/2015 319 ORDER granting 318 Motion to Withdraw as Attorney. Mark A Berube withdrawn from case as to Arnold Maurice Bengis (1), Jeffrey Noll (2), David Bengis...ENDORSEMENT..SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 7/30/2015) (jw) (Entered: 07/30/2015) 08/04/2015 320 CONSENT LETTER MOTION addressed to Magistrate Judge Andrew J. Peck from Eric M. Creizman dated August 4, 2015 re: status of settlement discussions and request for a new control date 60 days from today in order to enable the parties to focus on a good−faith settlement of the proceedings against David Bengis. Document filed by David Bengis. (Creizman, Eric) (Entered: 08/04/2015) 08/04/2015 321 MEMO ENDORSEMENT granting 320 LETTER MOTION as to David Bengis (4). ENDORSEMENT: Extension granted to 9/29/15 and there will be no further extensions. (Signed by Magistrate Judge Andrew J. Peck on 8/4/2015) (ft) (Entered: 08/04/2015) 09/29/2015 323 LETTER by USA as to David Bengis addressed to Magistrate Judge Andrew J. Peck from Jared Lenow dated September 29, 2015 re: Restitution Document filed by USA. (Lenow, Jared) (Entered: 09/29/2015) 09/30/2015 324 MEMO ENDORSEMENT as to David Bengis on re: 323 Letter filed by USA. ENDORSEMENT: Approved − No further extensions. (Signed by Magistrate Judge Andrew J. Peck on 9/10/2015)(ft) (Entered: 09/30/2015) 10/28/2015 325 LETTER by USA as to David Bengis addressed to Magistrate Judge Andrew J. Peck from Jared Lenow dated October 28, 2015 re: Restitution Document filed by USA. (Attachments: # 1 Text of Proposed Order)(Lenow, Jared) (Entered: 10/28/2015) 11/08/2015 326 ORDER granting 318 Motion to Withdraw as Attorney. as to Shaun Levy (5). (Signed by Judge Lewis A. Kaplan on 11/8/2015) (Kaplan, Lewis) (Entered: 11/08/2015) 11/17/2015 327 ORDER OF RESTITUTION as to David Bengis. David Bengis, the Defendant, shall pay restitution in the total amount of $1,250,000 to the Clerk of the Court, who will in turn pay that amount to the victim of the offense charged in Count One of the Indictment. The Defendant's payment to the Clerk of Court must be made within three days of this Order being entered. The name and address owed to the victim is set forth in the Schedule of Victims attached hereto. Upon advice of a change of address, the Clerk of the Court is authorized to send payments to the new address without further order of this Court. David Bengis's restitution obligations stemming from his conviction on Count One of the Indictment shall be satisfied if David Bengis complies with the conditions set forth above in paragraph I. Consistent with 18 U.S.C. §§3771 (a)(8) & 3664(d)(4) and Federal Rule of Criminal Procedure 49.1, to protect the privacy interests of victims, the Schedule of Victims attached hereto shall be filed under seal, except that copies may be retained and used or disclosed by the Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 50 of 61 Government, the Clerk's Office, and the Probation Department, as need be to effect and enforce this Order, without further order of this Court. (Signed by Judge Lewis A. Kaplan on 11/17/2015)(ft) (Entered: 11/17/2015) 11/18/2015 Payment of Restitution from David Bengis in the amount of $1,250,000.00. Date Received: 11/18/2015. (nm) (Entered: 11/18/2015) 12/04/2015 328 SEALED DOCUMENT placed in vault. (rz) (Entered: 12/04/2015) 01/15/2016 329 LETTER MOTION addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated January 15, 2016 re: Request for an Amended Judgment. Document filed by David Bengis. (Creizman, Eric) (Entered: 01/15/2016) 02/03/2016 330 NOTICE OF ATTORNEY APPEARANCE: Vincent Filardo, Jr appearing for Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. Appearance Type: Retained. (Filardo, Vincent) (Entered: 02/03/2016) 12/23/2016 331 NOTICE OF ATTORNEY APPEARANCE Kiersten Ann Fletcher appearing for USA. (Fletcher, Kiersten) (Entered: 12/23/2016) 12/23/2016 332 FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION Order to Show Cause. Document filed by USA as to Arnold Maurice Bengis. (Attachments: # 1 Declaration)(Fletcher, Kiersten) Modified on 1/11/2017 (ka). (Entered: 12/23/2016) 12/25/2016 333 NOTICE OF ATTORNEY APPEARANCE: Eric M. Creizman appearing for Arnold Maurice Bengis. Appearance Type: Retained. (Creizman, Eric) (Entered: 12/25/2016) 01/11/2017 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR as to Arnold Maurice Bengis: Notice to Attorney Eric M. Creizman to RE−FILE Document 332 MOTION Order to Show Cause. ERROR(S): Filing Error of Attachment#1. Supporting Declaration must be filed individually. Event code located under Replies, Opposition and Supporting Documents.***NOTE: Separate docket entry for each. (ka) (Entered: 01/11/2017) 01/23/2017 334 FILING ERROR − DEFICIENT DOCKET ENTRY − NOTICE OF ATTORNEY APPEARANCE: Melissa Madrigal appearing for Arnold Maurice Bengis. Appearance Type: Retained. (Madrigal, Melissa) Modified on 1/24/2017 (ka). (Entered: 01/23/2017) 01/24/2017 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR as to Arnold Maurice Bengis: Notice to Attorney Melissa Madrigal to RE−FILE Document 334 Notice of Attorney Appearance − Defendant. ERROR(S): Document has not been fully secured, items can be changed/altered in real time. (ka) (Entered: 01/24/2017) 01/24/2017 335 NOTICE OF ATTORNEY APPEARANCE: Melissa Madrigal appearing for Arnold Maurice Bengis. Appearance Type: Retained. (Madrigal, Melissa) (Entered: 01/24/2017) 01/31/2017 336 JUDGMENT IN A CRIMINAL CASE (Modification of Restitution Order) as to David Bengis (4), Pleaded guilty to Count(s) 1, Imprisonment: 12 months. Supervised Release: 1 years.; Count(s) 2−21, All open counts are dismissed on the motion of the US. The defendant shall surrender to the BOP at a time and place designated by it for the commencement of the service of his sentence. That date shall not be earlier than 8/1/04. If for any reason the defendant has not surrendered on or before 8/9/04 he is to surrender on August 9th to the U.S. Marshal on the fourth floor of 500 Pearl St., New York, N.Y., before 2 p.m. The court makes the following recommendations to the Bureau of Prisons: That consistent with the security classification of the defendant, that he be designated to Devens FMC. Restitution of $1,250,000 (Signed by Judge Lewis A. Kaplan on 1/30/17)(jw) (Entered: 01/31/2017) 02/01/2017 337 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY as to Arnold Maurice Bengis. Notice is hereby given that, subject to approval by the Court, Arnold Bengis substitutes Eric M. Creizman as counsel of record in place of Vincent Filardo LLP. (Signed by Judge Lewis A. Kaplan on 2/1/2017)(jw) (Entered: 02/01/2017) 02/01/2017 Attorney update in case as to Arnold Maurice Bengis. Attorney Vincent Filardo, Jr terminated (jw) (Entered: 02/01/2017) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 51 of 61 02/05/2017 338 FILING ERROR − DEFICIENT DOCKET ENTRY − JOINT LETTER MOTION addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated February 5, 2017 re: Notice to Attorney to Re−File Document − Deficient Docket Entry Error, re: Requesting that the Court so order the parties' proposed briefing schedule. Document filed by Arnold Maurice Bengis. (Creizman, Eric) Modified on 2/6/2017 (ka). (Entered: 02/05/2017) 02/06/2017 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR as to Arnold Maurice Bengis: Notice to Attorney Eric M. Creizman to RE−FILE Document 338 JOINT LETTER MOTION addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated February 5, 2017 re: Notice to Attorney to Re−File Document − Deficient Docket Entry Error, re: Requesting that the Court so order the parties' proposed bri. ERROR(S): Incorrect date of letter. Docket text reads February 5, 2017, letter date reads February 5, 2016. (ka) (Entered: 02/06/2017) 02/06/2017 339 JOINT LETTER MOTION addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated 2/5/2017 re: Notice to Attorney to Re−File Document − Deficient Docket Entry Error, re: Motion to so order proposed briefing schedule of the parties. Document filed by Arnold Maurice Bengis. (Creizman, Eric) (Entered: 02/06/2017) 02/06/2017 340 NOTICE OF ATTORNEY APPEARANCE: Amanda Shoffel appearing for Arnold Maurice Bengis. Appearance Type: Retained. (Shoffel, Amanda) (Entered: 02/06/2017) 02/06/2017 341 MEMO ENDORSEMENT 339 LETTER MOTION we respectfully request the Court so order: Arnold Bengis's deadline to file his response shall be March 6, 2017; the government's deadline to submit a reply shall be April 3, 2017. From our perspective, we require approximately four weeks because we are scheduled to begin a criminal trial on February 13, 2017, before the Honorable Alison J. Nathan in USA v. Murgia, et al. 15−cr−768, that is expected to last approximately three weeks. as to Arnold Maurice Bengis...ENDORSEMENT: On December 23, 2016, the government moved for an order finding this defendant in default of the restitution order and in contempt of court, holding him in criminal default, and resentencing him. Although defendant appeared by counsel on December 25, 2016 and answering papers were due within fourteen days, S.D.N.Y. Crim. R. 49. l(b), defendant failed to file papers in opposition. On February 5, 2017, defendant's counsel submitted a letter proposed a briefing schedule that, he says, has been agreed with the government. He proposes to respond to the government's motion by March 6, 2017, asserting that he needs another month to do so because he is scheduled to start a trial before another judge of this Court on February 13, 2017. This defendant was sentenced years ago to pay restitution, ultimately in the amount of $22,446,720. He has not paid a single penny of it despite a court order that directed him to do so "forthwith." DI 268. Moreover, the government's papers and previous proceedings in this Court, at least preliminarily, suggest that the defendant controls millions of dollars (in excess of the restitution still owed) and has engaged in extensive efforts to defeat the government's ability to collect. Defendant and his counsel have been aware of the government's motion since at least December 25 − more than six weeks ago. Thus, the effect of approving the proposed schedule would be to give them ten weeks within which to respond to the motion. The Court is mindful both of the government's willingness to excuse defendant's default on the motion and of counsel's trial commitment. But those are not the only relevant considerations. There is a substantial public interest in deciding the government's motion as promptly as is reasonably possible. That is especially true given the risk that steps will be taken by defendant during the pendency of the motion that will make collection even more difficult that it may be already. The scheduling wishes of defendant's counsel should not control in these circumstances. Defendant shall file any papers in opposition to the government's motion on or before February 13, 2017. The government's reply shall be filed on or before February 23, 2017. The Court will hear argument on February 28, 2017 at 10:00 a.m. The Court might reconsider the schedule in the event a payment on account of defendant's restitution obligation of $10 million were made to the Clerk of Court on or before February 10, 2017, as such a payment would reduce the risk to the government of adverse actions by the defendant during the pendency of the motion. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/6/2017) (jw) Modified on 2/22/2017 (ft). (Entered: 02/06/2017) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 52 of 61 02/06/2017 Set/Reset Deadlines/Hearings as to Arnold Maurice Bengis: Replies due by 2/23/2017. Oral Argument set for 2/28/2017 at 10:00 AM before Judge Lewis A. Kaplan. (ft) (Entered: 02/22/2017) 02/13/2017 342 ENDORSED LETTER as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy addressed to Judge Lewis A. Kaplan from Joshua S. Sohn dated 2/6/2017 re: Removal of Counsel. ENDORSEMENT: Granted. (Signed by Judge Lewis A. Kaplan on 2/13/2017)(ft) (Entered: 02/13/2017) 02/23/2017 343 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − MOTION for Extension of Time. Document filed by Arnold Maurice Bengis. (Creizman, Eric) Modified on 2/24/2017 (ka). (Entered: 02/23/2017) 02/24/2017 NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR as to Arnold Maurice Bengis: Notice to Attorney Eric M. Creizman to RE−FILE Document 343 MOTION for Extension of Time. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 02/24/2017) 02/25/2017 344 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − MOTION for Extension of Time. Document filed by Arnold Maurice Bengis. (Creizman, Eric) Modified on 2/27/2017 (ka). (Entered: 02/25/2017) 02/26/2017 345 ORDER as to Arnold Maurice Bengis.. (Signed by Judge Lewis A. Kaplan on 2/26/2017)(Kaplan, Lewis) (Entered: 02/26/2017) 02/26/2017 346 LETTER MOTION addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated 2/26/2017 re: 345 Order re: Order requiring appearance of counsel on February 28, 2017 at 12:45 p.m.. Document filed by Arnold Maurice Bengis. (Creizman, Eric) (Entered: 02/26/2017) 02/27/2017 NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR as to Arnold Maurice Bengis: Notice to Attorney Eric M. Creizman to RE−FILE Document 344 MOTION for Extension of Time. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 02/27/2017) 02/28/2017 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Defendant Arnold Bengis not present, but attorney Eric Creizman present. AUSAs Alexander Wilson and Janice Echenberg present. Show Cause Hearing as to Arnold Maurice Bengis held on 2/28/2017. As to Arnold Maurice Bengis(Show Cause Hearing set for 3/6/2017 at 05:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) Motions terminated as to Arnold Maurice Bengis: 346 LETTER MOTION addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated 2/26/2017 re: 345 Order re: Order requiring appearance of counsel on February 28, 2017 at 12:45 p.m.. filed by Arnold Maurice Bengis. (Court Reporter Steve Griffing) (Mohan, Andrew) (Entered: 02/28/2017) 03/01/2017 347 DECLARATION of Eric M. Creizman in Opposition as to Arnold Maurice Bengis re: 332 MOTION Order to Show Cause.. (Attachments: # 1 Exhibit A−Affidavit of T Haas Part 1, # 2 Exhibit A2−Affidavit of T. Haas Part 2, # 3 Exhibit B−Affidavit of R White)(Creizman, Eric) (Entered: 03/01/2017) 03/06/2017 348 LETTER by Arnold Maurice Bengis addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated March 6, 2017 re: status of proceedings in the Royal Court of Jersey (Creizman, Eric) (Entered: 03/06/2017) 03/06/2017 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Show Cause Hearing as to Arnold Maurice Bengis held on 3/6/2017. Defendant Arnold Bengis not present, but attorney Eric Creizman present. AUSA Alexander Wilson present. Eric Creizman to make a submission to the Court by 12:00pm on 3/9/17. (Court Reporter Eve Giniger) (Mohan, Andrew) (Entered: 03/08/2017) 03/07/2017 349 LETTER MOTION addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated March 7, 2017 re: Adjournment of Deadlne for Briefing on Re−Sentencing from March 7, 2017 to March 14, 2017. Document filed by Arnold Maurice Bengis. (Creizman, Eric) (Entered: 03/07/2017) 03/08/2017 350 MEMO ENDORSEMENT as to (03−Cr−308−01) Arnold Maurice Bengis on re: 349 LETTER MOTION addressed to Judge Lewis A. Kaplan from Attorney Eric M. Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 53 of 61 Creizman dated March 7, 2017 re: Adjournment of Deadline for Briefing on Re−Sentencing from March 7, 2017 to March 14, 2017. ENDORSEMENT: Time extended until March 10, 2017 at 3:30pm. The required submission is not extensive. Moreover, Mr. Bengis' apparent presence in the UK, Israel or South Africa gives counsel the ability to confer extensively with him early in the morning (NY time) prior to the start of his trial day. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 3/8/2017)(bw) (Entered: 03/08/2017) 03/10/2017 351 LETTER by USA as to Arnold Maurice Bengis addressed to Judge Lewis A. Kaplan from Kiersten A. Fletcher dated March 10, 2017 re: Resentencing Document filed by USA. (Fletcher, Kiersten) (Entered: 03/10/2017) 03/10/2017 352 LETTER by Arnold Maurice Bengis addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated 3/10/2017 re: responding to Court's questions concerning resentencing (Creizman, Eric) (Entered: 03/10/2017) 03/27/2017 353 ORDER as to Arnold Maurice Bengis. Accordingly, the Probation Department shall prepare a supplement to the presentence report addressing those subjects. In addition, the supplement shall detail all significant changes since the date of the defendant's original sentencing in (a) the defendant's financial situation, (b) his positions and his legal or practical influence with respect to (i) Balagan Ltd., (ii) the Delta One, Gamma and Lambda trusts,, and (iii) each of the entities identified on Exhibit U to the government's contempt motion of April 23, 2013 [DI 233−11], and the assets of each, and (c) the reasons/or and circumstances thereof. The defendant shall provide the Probation Department promptly with such information and documents as it may request in connection with its preparation of the supplement. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/27/2017)(ft) (Entered: 03/27/2017) 04/06/2017 354 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis re: Conference held on 3/6/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Eve Giniger, (212) 805−0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/27/2017. Redacted Transcript Deadline set for 5/8/2017. Release of Transcript Restriction set for 7/5/2017. (McGuirk, Kelly) (Entered: 04/06/2017) 04/06/2017 355 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arnold Maurice Bengis. Notice is hereby given that an official transcript of a Conference proceeding held on 3/6/17 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 04/06/2017) 05/10/2017 356 MOTION to Vacate Court's Order for a Resentencing of Arnold Bengis. Document filed by Arnold Maurice Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Creizman, Eric) (Entered: 05/10/2017) 05/10/2017 357 MEMORANDUM in Support by Arnold Maurice Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re 356 MOTION to Vacate Court's Order for a Resentencing of Arnold Bengis.. (Creizman, Eric) (Entered: 05/10/2017) 05/10/2017 358 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − DECLARATION of Eric M. Creizman in Support by Arnold Maurice Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 356 MOTION to Vacate Court's Order for a Resentencing of Arnold Bengis.. (Attachments: # 1 Exhibit A−Govt's Restitution Submission 12/22/04, # 2 Exhibit B−Article on Hout Bay Fishing investigation, # 3 Exhibit C−Letter by J.D. Kotze, # 4 Exhibit D−Arnold Bengis Plea Agreement 3−1−04, # 5 Exhibit E−Tr. of Bengis Sentencing 5−28−04, # 6 Exhibit F−Victim Impact Statement MCM 5−13−04, # 7 Exhibit G− Victim Impact Statement − Atlantic Fishing Enterprises 5−17−04, # 8 Exhibit H−Bengis 7−14−04 Filing re restitution, # 9 Exhibit I−Bengis Payment of $1.8 million towards restitution, # 10 Exhibit J−Affidavit of T. Haas submitted in Royal Court of Jersey Action (Part 1), # 11 Exhibit J−Affidavit of T. Haas (part 2), # 12 Exhibit K−4−29−16 Submission on Behalf of USA in Jersey Proceeding, # 13 Exhibit L−5−12−16 Order of Master in Jersey Proceeding, # 14 Exhibit M−5−12−16 Letter by Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 54 of 61 Master to Parties, # 15 Exhibit N−6−3−16 Letter on behalf of USA in Jersey Proceeding, # 16 Exhibit O−6−7−16 Letter to parties by Master in Jersey Proceeding, # 17 Exhibit P−6−17−16 Letter on behalf of USA in Jersey Proceeding)(Creizman, Eric) Modified on 5/11/2017 (ka). (Entered: 05/11/2017) 05/11/2017 NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy: Notice to Attorney Eric M. Creizman to RE−FILE Document 358 Declaration in Support of Motion. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 05/11/2017) 05/12/2017 359 DECLARATION of Eric M. Creizman in Support by Arnold Maurice Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy re: 356 MOTION to Vacate Court's Order for a Resentencing of Arnold Bengis.. (Attachments: # 1 Exhibit A−Govt's Restitution Submission 12/22/04, # 2 Exhibit B−Article on Hout Bay Fishing investigation, # 3 Exhibit C−Letter by J.D. Kotze, # 4 Exhibit D−Arnold Bengis Plea Agreement 3−1−04, # 5 Exhibit E−Tr. of Bengis Sentencing 5−28−04, # 6 Exhibit F−Victim Impact Statement MCM 5−13−04, # 7 Exhibit G− Victim Impact Statement − Atlantic Fishing Enterprises 5−17−04, # 8 Exhibit H−Bengis 7−14−04 Filing re restitution, # 9 Exhibit I−Bengis Payment of $1.8 million towards restitution, # 10 Exhibit J−Affidavit of T. Haas submitted in Royal Court of Jersey Action (Part 1), # 11 Exhibit J−Affidavit of T. Haas (part 2), # 12 Exhibit K−4−29−16 Submission on Behalf of USA in Jersey Proceeding, # 13 Exhibit L−5−12−16 Order of Master in Jersey Proceeding, # 14 Exhibit M−5−12−16 Letter by Master to Parties, # 15 Exhibit N−6−3−16 Letter on behalf of USA in Jersey Proceeding, # 16 Exhibit O−6−7−16 Letter to parties by Master in Jersey Proceeding, # 17 Exhibit P−6−17−16 Letter on behalf of USA in Jersey Proceeding)(Creizman, Eric) (Entered: 05/12/2017) 05/16/2017 360 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis re: Conference held on 2/28/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Steven Griffing, (212) 805−0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2017. Redacted Transcript Deadline set for 6/16/2017. Release of Transcript Restriction set for 8/14/2017. (McGuirk, Kelly) (Entered: 05/16/2017) 05/16/2017 361 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arnold Maurice Bengis. Notice is hereby given that an official transcript of a Conference proceeding held on 2/28/17 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 05/16/2017) 05/23/2017 362 ENDORSED LETTER as to Arnold Maurice Bengis addressed to Judge Lewis A. Kaplan from Kiersten A. Fletcher dated 5/23/2017 re: The Government submits this letter to respectfully request a brief adjournment of its sentencing submission deadline in the above−referenced case, currently scheduled for re−sentencing on May 30, 2017. The Government therefore respectfully requests that it be permitted to an additional 48 hours to submit its sentencing letter, with a deadline of Thursday, May 25, 2017....ENDORSEMENT: SO ORDERED (Signed by Judge Lewis A. Kaplan on 5/23/17)(jw) (Entered: 05/23/2017) 05/25/2017 363 ORDER as to Arnold Maurice Bengis (Sentencing set for 6/19/2017 at 04:00 PM before Judge Lewis A. Kaplan.) The re−sentencing hearing of defendant Arnold Maurice Bengis is adjourned from May 30, 2017 until June 19, 2017 at 4:00pm. (Signed by Judge Lewis A. Kaplan on 5/25/17)(jw) (Entered: 05/25/2017) 06/08/2017 364 ORDER as to (03−Cr−308−01) Arnold Maurice Bengis. The re−sentencing hearing of defendant Arnold Maurice Bengis is adjourned from June 19, 2017 until July 12, 2017 at 10:00am. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/8/2017)(bw) (Entered: 06/08/2017) 07/06/2017 366 LETTER MOTION addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated July 6, 2017 re: Request for a brief adjournment of Arnold Bengis's resentencing in light of the unexpected submission by South Africa so close to the date of the Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 55 of 61 resentencing and under Fed. R. Crim. P. 32(f). Document filed by Arnold Maurice Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Creizman, Eric) (Entered: 07/06/2017) 07/07/2017 367 CONSENT LETTER MOTION addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated July 7, 2017 re: joint proposal of the parties and South Africa concerning scheduling matters relating to the resentencing hearing. Document filed by Arnold Maurice Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Creizman, Eric) (Entered: 07/07/2017) 07/12/2017 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Re−Sentencing held on 7/12/2017 for Arnold Maurice Bengis (1) Count 1,8,19,21. Contested re−sentencing hearing as to Arnold Bengis begun and continued. Defendant not present, but attorney Eric Creizman present. AUSA Kiersten Ann Fletcher present. NOAA agent James Cassin present. Court reporter Sonya Huggins present. Andrew Bauer of Arnold and Porter represented the Republic of South Africa. Re−sentencing hearing begun. Republic of South Africa government representatives Ms. Siphokaze Ndudane and Mr. Barnabas Xulu addressed the Court. Hearing continued to 7/19/17 at 10:45am. (bw) (Entered: 08/08/2017) 07/14/2017 368 Sentencing Letter by USA as to Arnold Maurice Bengis addressed to Lewis A. Kaplan from Kiersten A. Fletcher dated July 14, 2017 re: Resentencing. (Attachments: # 1 Declaration of Jeffrey Ray)(Fletcher, Kiersten) (Entered: 07/14/2017) 07/18/2017 369 ORDER as to (03−Cr−308−1) Arnold Maurice Bengis. The government today shall submit, on notice to the defendant, a form of an order of forfeiture for incorporation into the judgment in the event the Court resentences the defendant and orders forfeiture in addition to that previously imposed. The Court understands that the submission of this form of order at the Court's express direction is consistent with the plea agreement. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/18/2017)(bw) (Entered: 07/18/2017) 07/18/2017 370 SENTENCING SUBMISSION by Arnold Maurice Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Attachments: # 1 Exhibit A−A. Bengis Plea Agreement, # 2 Exhibit B−Excerpt of DOJ Guidelines on CVRA)(Creizman, Eric) (Entered: 07/18/2017) 07/19/2017 Minute Entry for proceedings held before Judge Lewis A. Kaplan: Re−Sentencing held on 7/19/2017 for Arnold Maurice Bengis (1) Count 1,8,19,21. Contested re−sentencing hearing as to Arnold Bengis continued from 7/12/17 and concluded. Defendant not present, but attorney Eric Creizman present. AUSA Kiersten Ann Fletcher present. NOAA agent James Cassin present. Court reporter Sonya Huggins present. Re−sentencing hearing continued from 7/12/17 and concluded. The Court denied the motion to vacate the Court's Order for a Resentencing of Arnold Bengis (DI # 356). Defendant re−sentenced. See amended J&C. (bw) (Entered: 08/08/2017) 07/20/2017 372 PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT: as to (S1−03−Cr−308−01) Arnold Maurice Bengis....[See this Order]... NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: 1. As a result of the offenses charged in Count One of the Indictment, to which the defendant pled guilty the defendant shall forfeit to the United States the amount of $37,200,838.36 in United States currency and a money judgment in that amount (the "Money Judgment") shall be entered against the defendant. Forfeiture/Money Judgment, this Preliminary Order of Forfeiture/Money Judgment is final as to the defendant, ARNOLD BENGIS and shall be deemed part of the sentence of the defendant, and shall be included in the judgment of conviction therewith. 2. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, upon entry of this Preliminary Order of Forfeiture/Money Judgment, this Preliminary Order of Forfeiture/Money Judgment is final as to the defendant, ARNOLD BENGIS and shall be deemed part of the sentence of the defendant, and shall be included in the judgment of conviction therewith....[See this Order]... 6. The Court shall retain jurisdiction to enforce this Preliminary Order of Forfeiture/Money Judgment, and to amend it as necessary, pursuant to Rule 32.2(e) of the Federal Rules of Criminal Procedure. 7. The Clerk of the Court shall forward three certified copies of this Preliminary Order of Forfeiture/Money Judgment to Assistant United States Attorney Alexander Wilson, Co−Chief, Money Laundering and Asset Forfeiture Unit, United States Attorney's Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 56 of 61 Office, One Saint Andrew's Plaza, New York, New York 10007. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 7/19/2017) [*** NOTE: The Clerk of the Court has forwarded three certified copies of this Preliminary Order of Forfeiture/Money Judgment to AUSA Alexander Wilson, by inter−office mail on 7/20/2017. ***] (bw) (Entered: 07/20/2017) 07/20/2017 373 MEMORANDUM AND ORDER as to (03−Cr−308−01) Arnold Maurice Bengis. The Court yesterday resentenced defendant Arnold Bengis as a consequence of his default on the restitution obligations originally imposed as part of his criminal judgment. (See Footnote 1 on this Memorandum And Order). The Court's sentence included, among other things, a requirement that defendant forfeit to the United States a sum of $37,200,838.36,(See Footnote 2 on this Memorandum and Order) as more fully set forth in a written order of forfeiture. That forfeiture now is final as to Bengis.(See Footnote 3 on this Memorandum And Order). The Court has made findings of fact and conclusions of law in support of its authority to resentence defendant and the sentence imposed.(See Footnote 4 of this Memorandum And Order). The purpose of this brief memorandum is to provide details of the Court's forfeiture calculation....[See this Memorandum And Order]... There remained, however, the time value of money. Any disgorgement of ill−gotten gains would be inadequate if it did not account for the defendant's ability to use and invest the proceeds of his criminality before the entry of judgment. The Court therefore employed a simple interest running from January 1, 2001 to July 19, 2017. The Court employed 2.5 percent interest based on a review of the interest rates on United States government obligations over the relevant period.(See Footnote 9 on this Memorandum And Order). The total amount of forfeiture, inclusive of this simple interest calculation, becomes $37,200,838.36.(See Footnote 10 on this Memorandum And Order). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/20/2017)(bw) (Entered: 07/20/2017) 07/20/2017 374 ORDER as to (03−Cr−308−01) Arnold Maurice Bengis. The Court at yesterday's resentencing deferred ruling on the question of whether and to what extent to amend the restitution obligations in defendant's criminal judgment. The Court will hear argument on the matter of restitution on Thursday, September 7, 2017, at 2:30 p.m. Should either party believe that additional briefing would be helpful, any such submissions are due by Monday, August 21, 2017, and should be no more than ten double−spaced pages. Any reply is due by Monday, August 28, 2017, subject to the same page restrictions. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/20/2017)(bw) (Entered: 07/20/2017) 07/20/2017 375 FILING ERROR − DEFICIENT DOCKET ENTRY − NOTICE OF APPEAL by Arnold Maurice Bengis from 353 Order, 372 Order, 373 Order. Filing fee $ 505.00, receipt number 465401185911. (nd) Modified on 7/20/2017 (nd). (Entered: 07/20/2017) 07/20/2017 376 AMENDED JUDGMENT In A Criminal Case (S1−03−Cr−308−01). Date of Imposition of Judgment: July 19, 2017. Date of Original Judgment: June 3, 2004. Reason for Amendment: Correction of Sentence on Remand (18 U.S.C. Section 3742(f)(1) and (2)). Defendant Arnold Maurice Bengis (1) pleaded guilty to Count(s) 1, 8, 19, 21. Count(s) All Open are dismissed on the motion of the United States. IMPRISONMENT: *57 Months on each count, the terms to run concurrently.* *The defendant shall surrender to the United States Marshal for this district forthwith.* SUPERVISED RELEASE: 2 Years on each count, the terms to run concurrently. The terms of supervised release are subject to the following special conditions:* The defendant shall provide the probation officer with any financial information and documentation he or she may request. Standard Conditions of Supervision (see page 4 of Judgment). ASSESSMENT: $400, due immediately. RESTITUTION: $22,446,720* as per the 6/14/2013 Memorandum Opinion*. Further determination of restitution is deferred 9/27/17*. A Second Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. The defendant shall make restitution (including community restitution) to the following payees in the amount: Name of Payee: Republic of South Africa*, Total Loss**: $22,446,720*, Restitution Ordered: $22,446,720*, As found in the 6/14/13 Memorandum Opinion*. The defendant shall forfeit the defendant's interest in the following property to the United States: $5,900,000 as per the 6/3/2004 J&C*. Additional $37,200,838.36 as per the restitution order signed 7/19/2017.* (Signed by Judge Lewis A. Kaplan on 7/20/2017)(bw) (Entered: 07/20/2017) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 57 of 61 07/20/2017 377 NOTICE OF APPEAL by Arnold Maurice Bengis from 353 Order,,, 376 Amended Judgment, 372 Order, 373 Order. Filing fee $ 505.00, receipt number 465401185911. (nd) (Entered: 07/20/2017) 07/20/2017 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Arnold Maurice Bengis to US Court of Appeals re: 377 Notice of Appeal. (nd) (Entered: 07/20/2017) 07/20/2017 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Arnold Maurice Bengis re: 377 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 07/20/2017) 07/21/2017 378 AMENDED NOTICE OF APPEAL by Arnold Maurice Bengis re 353 Order, 374 Order, 376 Amended Judgment, 372 Order,, 373 Order.(nd) (Entered: 07/26/2017) 07/26/2017 Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet as to Arnold Maurice Bengis to US Court of Appeals re: 378 Amended Notice of Appeal. (nd) (Entered: 07/26/2017) 07/28/2017 379 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis re: Sentence held on 7/19/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Kristen Carannante, (212) 805−0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/18/2017. Redacted Transcript Deadline set for 8/28/2017. Release of Transcript Restriction set for 10/26/2017. (McGuirk, Kelly) (Entered: 07/28/2017) 07/28/2017 380 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arnold Maurice Bengis. Notice is hereby given that an official transcript of a Sentence proceeding held on 7/19/17 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 07/28/2017) 08/02/2017 381 SECOND AMENDED JUDGMENT In A Criminal Case (S1−03−Cr−308−01). NOTE: The changes from the July 20, 2017 Amended Judgment found in this 2nd Amended Judgment on pages 5 & 6.* Date of Imposition of Judgment: July 19, 2017. Date of Original Judgment: July 20, 2017*. Reason for Amendment: Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36)*. Defendant Arnold Maurice Bengis (1), USM: 55367−054*, pleaded guilty to Count(s) 1, 8, 19, 21. Count(s) All Open are dismissed on the motion of the United States. IMPRISONMENT: 57 Months on each count, the terms to run concurrently. The defendant shall surrender to the United States Marshal for this district forthwith. SUPERVISED RELEASE: 2 Years on each count, the terms to run concurrently. The terms of supervised release are subject to the following special conditions: The defendant shall provide the probation officer with any financial information and documentation he or she may request. Standard Conditions of Supervision (see page 4 of Judgment). ASSESSMENT: $400, due immediately. RESTITUTION: $22,446,720 as per the 6/14/2013 Memorandum Opinion. Further determination of restitution is deferred 9/7/17*. A Third* Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination. −The defendant shall forfeit the defendant's interest in the following property to the United States: $5,900,000 as per the 6/3/2004 J&C. An Additional $37,200,838.36 as per the preliminary order of forfeiture/money judgment signed on 7/19/2017 and docketed as docked item no. 372.* (Signed by Judge Lewis A. Kaplan on 7/30/2017)(bw) (Entered: 08/02/2017) 08/04/2017 382 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis re: Sentence held on 7/12/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805−0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/25/2017. Redacted Transcript Deadline set for 9/5/2017. Release of Transcript Restriction set for 11/2/2017. (Siwik, Christine) (Entered: 08/04/2017) 08/04/2017 383 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arnold Maurice Bengis. Notice is hereby given that an official transcript of a Sentence proceeding held on Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 58 of 61 7/12/17 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Siwik, Christine) (Entered: 08/04/2017) 08/22/2017 384 MEMORANDUM OF LAW in Opposition by Arnold Maurice Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy to amending Arnold Bengis's restitution obligations.. (Attachments: # 1 Exhibit 8−1−17 Opinion of Royal Court of Jersey)(Creizman, Eric) (Entered: 08/22/2017) 08/22/2017 385 LETTER MOTION addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated August 22, 2017 re: 384 Memorandum of Law in Opposition, re: to accept untimely filing of submission approximately ten minutes after the midnight deadline.. Document filed by Arnold Maurice Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Creizman, Eric) (Entered: 08/22/2017) 08/22/2017 386 SATISFACTION OF JUDGMENT as to (03−Cr−308−04) David Bengis, for the restitution in the amount of $1,250,000.00 and the special assessment in the amount of $25.00, amounting in all to the sum of $1,250,025.00. Judgment entered in the Judgment Book of the United States District Court for the Southern District of New York on the 17th day of November 2015. (bw) (Entered: 08/22/2017) 08/28/2017 387 LETTER by USA as to Arnold Maurice Bengis addressed to Judge Lewis A. Kaplan from Kiersten A. Fletcher dated August 28, 2017 re: Additional Restitution Document filed by USA. (Fletcher, Kiersten) (Entered: 08/28/2017) 08/29/2017 388 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − MEMORANDUM OF LAW in Opposition by Arnold Maurice Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Attachments: # 1 Exhibit A−"Lobsters in Walkout as Ride Tide Hits Coast", # 2 Exhibit B−"Tons of Lobster Die After Red Tide", # 3 Exhibit C−"Fishing Experts Put Red Alert on Lobsters", # 4 Exhibit D−"Deadly Algal Bloom Kills 200 Tons of Rock Lobster on South Africa's West Coast", # 5 Exhibit E−"So Long and Thanks for All the Fish South Africa", # 6 Exhibit F−OLRAC 2013 Report−Status and Management of South African Lobster and Squid Fishery 2013, # 7 Exhibit G−OLRAC 2016 Report−Status and Management of SOuth African Lobster and Squid, # 8 Exhibit H−Proposed Cooperation Agreement, # 9 Exhibit I−Hout Bay Charge Sheet, # 10 Exhibit J−Kotze Affidavit pt. 1, # 11 Exhibit K− Kotze Affidavit pt. 2, # 12 Exhibit L − Kotze Affidavit Pt. 3, # 13 Exhibit M − TAC Analysis, # 14 Exhibit N − "DAFF Sets WCRL Quota Higher than Recommended", # 15 Exhibit O − "DAFF sets West Coast Rock Lobster Quota Higher than Recommended")(Creizman, Eric) Modified on 8/29/2017 (ka). (Entered: 08/29/2017) 08/29/2017 389 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − AMENDED MEMORANDUM OF LAW in Opposition by Arnold Maurice Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy to Amended Restitution (with Corrected Table of Contents). (Attachments: # 1 Exhibit A−"Lobsters in Walkout as Red Tide Hits Coast", # 2 Exhibit B−"Tons of Lobster Die After Red Tide", # 3 Exhibit C−"Fishing Experts Put Red Alert on Lobsters", # 4 Exhibit D−"Deadly Algal Bloom Kills 200 Tons of Rock Lobster on South Africa", # 5 Exhibit E−"So Long and Thanks for All the Fish South Africa", # 6 Exhibit F−OLRAC 2013 Report−Status and Management of South African Lobster and Squid", # 7 Exhibit G−OLRAC 2016 Report− Status and Management of South African Lobster and Squid, # 8 Exhibit H−Proposed Cooperation Agreement, # 9 Exhibit I−Kotze Affidavit Pt. 1, # 10 Exhibit J−Kotze Affidavit Pt. 2, # 11 Exhibit K−Kotze Affidavit Pt. 3, # 12 Exhibit L−TAC Statistics West Coast Rock Lobster, # 13 Exhibit M−DAFF Sets WCRL Quota Higher than Recommended, # 14 Exhibit N−DAFF Sets West Coast Rock Lobster Quota Higher than Recommended)(Creizman, Eric) Modified on 8/29/2017 (ka). (Entered: 08/29/2017) 08/29/2017 NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR as to Arnold Maurice Bengis: Notice to Attorney Eric M. Creizman to RE−FILE Document 389 Memorandum of Law in Opposition. Use the event type Reply Memorandum of Law in Opposition(non−motion) found under the event list Other Documents. (ka) (Entered: 08/29/2017) Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 59 of 61 09/05/2017 390 ORDER as to Arnold Maurice Bengis. The hearing scheduled for Thursday, September 7, 2017 at 2:30 p.m., on the matter of defendant's restitution obligations under his sentence imposed on July 19, 2017, is adjourned until Tuesday, September 19, 2017 at 11:00 a.m. SO ORDERED. (Status Conference set for 9/19/2017 at 11:00 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 9/5/2017)(ft) (Entered: 09/05/2017) 09/07/2017 391 MEMO ENDORSEMENT as to (03−Cr−308−01) Arnold Maurice Bengis on "NOTICE OF WITHDRAWAL AS COUNSEL" re: PLEASE TAKE NOTICE that, pursuant to Rule 1.4 of the Local Rules for the United States District Courts for the Southern and Eastern Districts of New York, I, Amanda C. Shoffel, an Assistant Attorney General at the Office of Eric T. Schneiderman, Attorney General of the State of New York, hereby withdraw as an attorney of record for Arnold Bengis in the above captioned case, as I have left the offices of Creizman LLC. Creizman LLC, will continue to serve as counsel of record to said defendants in the above−referenced matter, and this matter will be handled by other attorneys from the office who have entered their appearance(s). Therefore, I hereby request that the Court grant my withdrawal and that my appearance be removed from the docket.ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/5/2017)(bw) (Entered: 09/07/2017) 09/07/2017 Attorney update in case as to Arnold Maurice Bengis (1). Attorney Amanda Shoffel terminated. (bw) (Entered: 09/07/2017) 09/07/2017 392 ORDER as to (S1−03−Cr−308−01) Arnold Maurice Bengis. WHEREAS, on or about October 17, 2013, the Court ordered the defendants to deposit $22,446,720 (the "Restitution Amount") with the Clerk of the Court; WHEREAS, on or about October 18, 2013, a deposit in the amount of $1,854,387.00 (the "Deposit") was received by the Clerk of the Court and was reflected on the docket as being from Arnold Maurice Bengis (the "defendant"); WHEREAS, on or about April 20, 2015, the Deposit was determined to have been received by the Clerk of the Court in error and the Court ordered that the Deposit be returned to the sender of the funds; WHEREAS, the Deposit funds are not available to pay the outstanding Restitution Amount in this case; WHEREAS, on or about November 17, 2015, David Bengis paid $1,250,000 of the Restitution Amount; NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT: The amount of outstanding restitution in this case as of this date is $21,196,720. SO ORDERED: (Signed by Judge Lewis A. Kaplan on 9/5/2017)(bw) (Entered: 09/07/2017) 09/13/2017 393 LETTER by Arnold Maurice Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated September 13, 2017 re: addressing the Court's Order dated August 22, 2017 Document filed by Arnold Maurice Bengis. (Creizman, Eric) (Entered: 09/13/2017) 09/18/2017 394 LETTER MOTION addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated September 18, 2017 re: to Correct an Illegal Sentence under Fed. R. Crim. P. 35(a). Document filed by Arnold Maurice Bengis as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy. (Attachments: # 1 Exhibit A−Excerpts from OLRAC Report annexed to Govt's Submission (DE 368), # 2 Exhibit B−Affidavit of Special Agent Jeffrey Ray, dated December 22, 2004)(Creizman, Eric) (Entered: 09/18/2017) 09/19/2017 395 MEMO ENDORSEMENT as to Arnold Maurice Bengis (1), Jeffrey Noll (2), Grant Berman (3), David Bengis (4), Shaun Levy (5) denying 394 LETTER MOTION addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated September 18, 2017 re: to Correct an Illegal Sentence under Fed. R. Crim. P. 35(a). ENDORSEMENT: Motion denied for reasons stated in open court today. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 9/19/2017) (lnl) (Entered: 09/19/2017) 09/19/2017 396 THIRD AMENDED JUDGMENT In A Criminal Case (S1−03−Cr−308−01). Date of Imposition of Judgment: September 19, 2017. Date of Original Judgment: July 30, 2017*. Reason for Amendment: Modification of Restitution Order (18 U.S.C. Section 3664). Defendant Arnold Maurice Bengis (1) pleaded guilty to Count(s) 1, 8, 19, 21. Count(s) All Open are dismissed on the motion of the United States. IMPRISONMENT: 57 Months on each count, the terms to run concurrently. −The Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 60 of 61 defendant shall surrender to the United States Marshal for this district forthwith. SUPERVISED RELEASE: 2 Years on each count, the terms to run concurrently. The terms of supervised release are subject to the following special conditions: The defendant shall provide the probation officer with any financial information and documentation he or she may request. Standard Conditions of Supervision (see page 4 of Judgment). ASSESSMENT: $400, due immediately. RESTITUTION: $30,055,787.50*. The defendant shall forfeit the defendant's interest in the following property to the United States: $5,900,000 as per the 6/3/2004 J&C. Additional $37,200,838.36 as per the restitution order signed 7/19/2017. (Signed by Judge Lewis A. Kaplan on 9/19/2017)(bw) (Entered: 09/19/2017) 09/19/2017 Minute Entry for proceedings held before Judge Lewis A. Kaplan:Restitution Hearing as to Arnold Maurice Bengis held on 9/19/2017. Defendant not present, but attorney Eric Creizman present. AUSA Kiersten Ann Fletcher present. Court reporter Steve Griffing present. Defendant resentenced to restitution of $30,055,787.50. (jw) (Entered: 09/20/2017) 09/22/2017 397 LETTER by USA as to Arnold Maurice Bengis, Jeffrey Noll, Grant Berman, David Bengis, Shaun Levy addressed to Judge Lewis A. Kaplan from Kiersten A. Fletcher dated September 22, 2017 re: Correcting Amended Judgment Document filed by USA. (Fletcher, Kiersten) (Entered: 09/22/2017) 09/22/2017 398 FOURTH AMENDED JUDGMENT IN A CRIMINAL CASE as to Arnold Maurice Bengis (1), On 9/22/2017, Imprisonment: 57 Months on each count, the terms to run concurrently. Supervised Release: 2 Years on each count, the terms to run concurrently. The terms of supervised release are subject to the following special conditions: The defendant shall provide the probation officer with any financial information and documentation he or she may request. The defendant is remanded to the custody of the United States Marshal. The defendant shall surrender to the United States Marshal for this district forthwith. Restitution Ordered: $30,055,787.50. $5,900,000 as per the 6/3/2004 J&C. Additional $37,200,838.36 as per the forfeiture order signed 7/19/2017. (Signed by Judge Lewis A. Kaplan on 9/22/2017)(ft) (Entered: 09/22/2017) 09/26/2017 399 TRANSCRIPT of Proceedings as to Arnold Maurice Bengis re: Conference held on 9/19/17 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Steven Griffing, (212) 805−0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/17/2017. Redacted Transcript Deadline set for 10/27/2017. Release of Transcript Restriction set for 12/26/2017. (McGuirk, Kelly) (Entered: 09/26/2017) 09/26/2017 400 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Arnold Maurice Bengis. Notice is hereby given that an official transcript of a Conference proceeding held on 9/19/17 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 09/26/2017) 09/28/2017 401 SECOND AMENDED NOTICE OF APPEAL by Arnold Maurice Bengis re 377 Notice of Appeal, 378 Amended Notice of Appeal from 353 Order,,, 381 Amended Judgment, 376 Amended Judgment, 396 Amended Judgment, 398 Amended Judgment, 395 Order on Letter Motion, 372 Order, 373 Order. (nd) (Entered: 09/28/2017) 09/28/2017 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Arnold Maurice Bengis to US Court of Appeals re: 401 Second Amended Notice of Appeal. (nd) (Entered: 09/28/2017) 09/28/2017 First Supplemental ROA Sent to USCA (Electronic File). USCA Case Number 17−2243, Certified Supplemental Indexed record on Appeal Electronic Files as to Arnold Maurice Bengis re: 379 Transcript,, 399 Transcript,, 394 LETTER MOTION addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated September 18, 2017 re: to Correct an Illegal Sentence under Fed. R. Crim. P. 35(a)., 381 Amended Judgment,,,,,, 384 Memorandum of Law in Opposition, 390 Order, Set Deadlines/Hearings,, 383 Notice of Filing Transcript,, 401 Subsequent Notice of Case: 1:03-cr-00308-LAK As of: 09/29/2017 11:37 AM EDT 61 of 61 Appeal − Final Judgment, 391 Memo Endorsement,,, 392 Order,,,, 380 Notice of Filing Transcript,, 396 Amended Judgment,,,, 378 Subsequent Notice of Appeal − Final Judgment, 382 Transcript,, 398 Amended Judgment,,, 393 Letter, 395 Order on Letter Motion, 385 LETTER MOTION addressed to Judge Lewis A. Kaplan from Eric M. Creizman dated August 22, 2017 re: 384 Memorandum of Law in Opposition, re: to accept untimely filing of submission approximately ten minutes after the midnight deadline. </i, 387 Letter, 400 Notice of Filing Transcript,, 397 Letter, were transmitted to the U.S. Court of Appeals. (nd) (Entered: 09/28/2017)

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Description
1
07/21/2017
NOTICE OF CRIMINAL APPEAL, with district court docket, on behalf of Appellant Arnold Maurice Bengis, FILED. [2083784] [17-2243] [Entered: 07/21/2017 02:16 PM]
2
07/21/2017
PAYMENT OF DOCKETING FEE, on behalf of Appellant Arnold Maurice Bengis, district court receipt # 465401185911, FILED.[2083789] [17-2243] [Entered: 07/21/2017 02:19 PM]
3
07/21/2017
DISTRICT COURT ORDER, dated 03/27/2017, RECEIVED.[2083793] [17-2243] [Entered: 07/21/2017 02:20 PM]
4
07/21/2017
DISTRICT COURT PRELIMINARY ORDER OF FORFEITURE/ MONEY JUDGMENT, dated 07/19/2017, RECEIVED.[2083798] [17-2243] [Entered: 07/21/2017 02:22 PM]
5
07/21/2017
DISTRICT COURT MEMORANDUM AND ORDER, dated 07/20/2017, RECEIVED.[2083800] [17-2243] [Entered: 07/21/2017 02:23 PM]
6
07/21/2017
DISTRICT COURT AMENDED JUDGMENT, dated 07/20/2017, RECEIVED.[2083803] [17-2243] [Entered: 07/21/2017 02:23 PM]
7
07/21/2017
ELECTRONIC INDEX, in lieu of record, FILED.[2083810] [17-2243] [Entered: 07/21/2017 02:25 PM]
8
07/21/2017
ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant Arnold Maurice Bengis, FILED. Service date 07/21/2017 by CM/ECF.[2084109] [17-2243] [Entered: 07/21/2017 07:31 PM]
9
07/21/2017
FORM B, on behalf of Appellant Arnold Maurice Bengis, FILED. Service date 07/21/2017 by CM/ECF.[2084110] [17-2243] [Entered: 07/21/2017 07:32 PM]
10
07/26/2017
NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee USA United States of America, FILED. Service date 07/26/2017 by CM/ECF. [2086498] [17-2243] [Entered: 07/26/2017 12:15 PM]
11
07/26/2017
ATTORNEY, Kiersten Fletcher for United States of America, in case 17-2243, [10], ADDED.[2086617] [17-2243] [Entered: 07/26/2017 01:53 PM]
12
07/26/2017
AMENDED NOTICE OF APPEAL, with copy of district court docket, on behalf of Appellant Arnold Maurice Bengis, FILED.[2086638] [17-2243] [Entered: 07/26/2017 02:09 PM]
13
07/26/2017
DISTRICT COURT ORDER, dated 07/20/2017, RECEIVED.[2086640] [17-2243] [Entered: 07/26/2017 02:10 PM]
14
07/27/2017
BRIEF, on behalf of Appellant Arnold Maurice Bengis, FILED. Service date 07/27/2017 by CM/ECF.[2087057] [17-2243] [Entered: 07/27/2017 03:59 AM]
15
07/27/2017
SPECIAL APPENDIX, on behalf of Appellant Arnold Maurice Bengis, FILED. Service date 07/27/2017 by CM/ECF.[2087058] [17-2243] [Entered: 07/27/2017 04:00 AM]
16
07/27/2017
APPENDIX, volume 1 of 2, (pp. 1-219), on behalf of Appellant Arnold Maurice Bengis, FILED. Service date 07/27/2017 by CM/ECF.[2087059] [17-2243] [Entered: 07/27/2017 04:03 AM]
17
07/27/2017
APPENDIX, volume 2 of 2, (pp. 220-306), on behalf of Appellant Arnold Maurice Bengis, FILED. Service date 07/27/2017 by CM/ECF.[2087060] [17-2243] [Entered: 07/27/2017 04:04 AM]
22
07/27/2017
NEW CASE MANAGER, Gerard Whidbee, ASSIGNED.[2087843] [17-2243] [Entered: 07/27/2017 03:43 PM]
23
07/31/2017
LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellant Arnold Maurice Bengis, informing Court of proposed due date 07/31/2017, RECEIVED. Service date 07/31/2017 by CM/ECF.[2090493] [17-2243] [Entered: 07/31/2017 11:37 PM]
24
07/31/2017
MOTION, to expedite appeal, on behalf of Appellant Arnold Maurice Bengis, FILED. Service date 07/31/2017 by CM/ECF. [2090495] [17-2243] [Entered: 07/31/2017 11:38 PM]
25
08/01/2017
DEFECTIVE DOCUMENT, LR 31.2 SCHEDULING NOTIFICATION, [23], on behalf of Appellant Arnold Maurice Bengis, FILED.[2090630] [17-2243] [Entered: 08/01/2017 09:17 AM]
26
08/01/2017
CURED DEFECTIVE DOCUMENT: [25], MOTION, to expedite appeal, [24], on behalf of Appellant Arnold Maurice Bengis, FILED.[2090640] [17-2243] [Entered: 08/01/2017 09:21 AM]
33
08/18/2017
MOTION ORDER, granting motion to expedite appeal [24] filed by Appellant Arnold Maurice Bengis, by JAC, FILED. [2104753][33] [17-2243] [Entered: 08/18/2017 03:54 PM]
34
08/18/2017
EXPEDITED SCHEDULING ORDER re: Appellee Brief due date as 09/05/2017. Appellant reply brief due date as 09/12/2017;, FILED.[2104762] [17-2243] [Entered: 08/18/2017 03:58 PM]
35
08/18/2017
MOTION, to dismiss, on behalf of Appellee USA United States of America, FILED. Service date 08/18/2017 by CM/ECF. [2104976] [17-2243] [Entered: 08/18/2017 06:39 PM]
39
09/05/2017
MOTION, to file late, on behalf of Appellant Arnold Maurice Bengis, FILED. Service date 09/05/2017 by CM/ECF. [2117327] [17-2243] [Entered: 09/05/2017 05:13 PM]
42
09/06/2017
OPPOSITION TO MOTION, [35], on behalf of Appellant Arnold Maurice Bengis, FILED. Service date 09/01/2017 by CM/ECF, email. [2118494] [17-2243] [Entered: 09/06/2017 06:38 PM]
44
09/13/2017
REPLY TO OPPOSITION [42], on behalf of Appellee USA United States of America, FILED. Service date 09/13/2017 by CM/ECF.[2124048][44] [17-2243] [Entered: 09/13/2017 09:21 PM]
47
09/27/2017
NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellant Arnold Maurice Bengis, FILED. Service date 09/27/2017 by CM/ECF. [2135044] [17-2243] [Entered: 09/27/2017 08:26 PM]
48
09/28/2017
ATTORNEY, Melissa Madrigal for Arnold Maurice Bengis, in case 17-2243, [47], ADDED.[2135231] [17-2243] [Entered: 09/28/2017 09:41 AM]
49
09/29/2017
2ND AMENDED NOTICE OF APPEAL, with copy of district court docket, on behalf of Appellant Arnold Maurice Bengis, FILED.[2136659] [17-2243] [Entered: 09/29/2017 01:50 PM]
50
09/29/2017
DISTRICT COURT 2ND AMENDEDJUDGMENT, dated 08/02/2017, RECEIVED.[2136662] [17-2243] [Entered: 09/29/2017 01:51 PM]
51
09/29/2017
DISTRICT COURT 3RD AMENDED JUDGMENT, dated 09/19/2017, RECEIVED.[2136667] [17-2243] [Entered: 09/29/2017 01:53 PM]
52
09/29/2017
DISTRICT COURT 4TH AMENDED JUDGMENT, dated 09/22/2017, RECEIVED.[2136669] [17-2243] [Entered: 09/29/2017 01:54 PM]
53
09/29/2017
1ST SUPPLEMENTAL ELECTRONIC INDEX, in lieu of record, FILED.[2136671] [17-2243] [Entered: 09/29/2017 01:55 PM]
54
10/01/2017
LETTER, on behalf of Appellant Arnold Maurice Bengis, informing the court that appellant's appeal will rest on Brief and Appendix filed on 07/27/17, despite the second amended notice of appeal that was filed on 09/28/2017, RECEIVED. Service date 10/01/2017 by CM/ECF.[2137253] [17-2243] [Entered: 10/01/2017 06:04 PM]
56
10/26/2017
MOTION ORDER, granting motion to file late, [39] filed by Appellant Arnold Maurice Bengis, FILED. [2157019][56] [17-2243] [Entered: 10/26/2017 09:39 AM]
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