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USA v. Weigand, Docket No. 1:20-cr-00188 (S.D.N.Y. Mar 05, 2020), Court Docket
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USA v. Weigand

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Court Dockets
nysd_cr
U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:20-cr-00188-JSR All Defendants

USA v. Weigand

DOCKET INFORMATION
Minimize
Date Filed: Mar 5, 2020
Status: Case Closed, Appeal, Electronic Case Format
Assigned to:Judge Jed S. Rakoff

Parties and Attorneys

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 Defendant (1)
Ruben Weigand
also known as: Sealed Defendant 1
TERMINATED: 06/30/2021
Defendant (1)
Representation
Andrew J. Levander
Dechert LLP (NYC)
1095 Avenue of the Americas
New York, NY 10036-6797
(212) 698-3500
Fax: (212) 698-3500
andrew.levander@dechert.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Katherine Talbot McCarthy
Wilson Sonsini Goodrich & Rosati (NYC)
1301 Avenue of the Americas, 40th Fl
New York, NY 10019
(212) 497-7790
kmccarthy@wsgr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Michael J. Gilbert
Sheppard Mullin Richter & Hampton LLP
30 Rockefeller Plaza
New York, NY 10112
(212) 653-8700
MGilbert@sheppardmullin.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael S Sommer
Wilson, Sonsini, Goodrich & Rosati P.C.
1301 Avenue of the Americas
40th Floor
New York, NY 10019-6033
(212) 497-7728
msommer@wsgr.com
TERMINATED: 04/03/2020
LEAD ATTORNEY
Designation: Retained
Morris J. Fodeman
Wilson, Sonsini, Goodrich & Rosati, PC
1301 Avenue of The Americas, 40th Floor
New York, NY 10019
(212) 447-7704
Fax: (212) 999-5899
mfodeman@wsgr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Amy Elizabeth Lesperance
Dechert, LLP
Three Bryant Park
1095 Avenue of the Americas
New York, NY 10036
(212) 698-3541
amy.lesperance@dechert.com
ATTORNEY TO BE NOTICED
Designation: Retained
Michael Artan
Michael H. Artan, Lawyer
624 So. Grand Ave.
Suite 2200
Los Angeles, CA 90017
(213) 688-0370
michaelartan@yahoo.com
ATTORNEY TO BE NOTICED
Shriram Harid
Dechert LLP (NYC)
1095 Avenue of the Americas
New York, NY 10036-6797
(212) 698-3500
Fax: (212) 698-3599
shriram.harid@dechert.com
ATTORNEY TO BE NOTICED
Steven Pellechi
Dechert LLP (NYC)
1095 Avenue of the Americas
New York, NY 10036-6797
(631) 241-0381
steven.pellechi@dechert.com
ATTORNEY TO BE NOTICED

 Defendant (2)
Hamid Akhavan
TERMINATED: 09/01/2021
Defendant (2)
Representation
Christopher Tayback
Quinn Emanuel Urquhart Oliver & Hedges
865 S Figueroa Street 10th Floor
Los Angeles, CA 90017
(213) 443-3000
Fax: (213) 443-3100
christayback@quinnemanuel.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained
Ira Perry Rothken
Rothken Law Firm
3 Hamilton Landing
Suite 280
Novato, CA 94949
(415) 924-4250
Fax: (415) 924-2905
ira@techfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William Anthony Burck
Quinn Emmanuel Urquhart & Sullivan, LLP
777 6th Street NW 11th floor
Washington, DC 20005
(202) 538-8000
Fax: (202) 538-8100
williamburck@quinnemanuel.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
Brian Westfall McGrail
Quinn Emanuel Urquhart & Sullivan, LLP
1300 I St NW
Washington, DC 20005
Ste #900
Washingston, DC 20005
(571) 403-1815
brianmcgrail@quinnemanuel.com
ATTORNEY TO BE NOTICED
David Z. Chesnoff
Chesnoff & Schonfeld
520 South 4th St.
Las Vegas, NV 89101
(702) 384-5563
Fax: (702) 598-1425
dzchesnoff@cslawoffice.net
TERMINATED: 06/01/2020
Designation: Retained
Derek Lawrence Shaffer
Quinn Emanuel Urquhart & Sullivan LLP
1300 I Street, NW
Suite 900
Washington, DC 20005
(202) 538-8000
derekshaffer@quinnemanuel.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained
Jared Robinson Smith
Rothken Law Firm
3 Hamilton Lndg
Ste 280
Novato, CA 94949
(415) 924-4250
Fax: (415) 924-2905
jared@techfirm.net
ATTORNEY TO BE NOTICED
Mari Fagel Henderson
Quinn Emanuel Urquhart & Sullivan, LLP
865 South Figueroa Street
10th Floor
Los Angeles, CA 90017
(310) 386-2006
marihenderson@quinnemanuel.com
ATTORNEY TO BE NOTICED
Paul Joseph Slattery
Quinn Emanuel Urquhart & Sullivan, LLP
865 S. Figueroa Street, 10th Floor
Los Angeles, CA 90017
(919) 724-5969
paulslattery@quinnemanuel.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained
Sara Catherine Clark
Quinn Emanuel Urquhart & Sullivan
711 Louisiana St.
Suite 500
Houston, TX 77002
(713) 221-7010
Fax: (713) 221-7100
saraclark@quinnemanuel.com
ATTORNEY TO BE NOTICED

 Defendant (3)
James Patterson
TERMINATED: 03/14/2022
Defendant (3)
Representation
Emily Schulman
Wilmer Cutler Pickering Hale and Dorr
60 State Street
Boston, MA 02109
(617) 526-6077
Fax: (617) 526-5000
emily.schulman@wilmerhale.com
ATTORNEY TO BE NOTICED
Designation: Retained

 Interested Party
Circle Internet Financial, LLC
Interested Party
Representation
Matthew G. Lindenbaum
Nelson Mullins Riley & Scarborough LLP
One Financial Center
35th Floor
Boston, MA 02111
(617) 217-4700
Fax: (617) 217-4710
matthew.lindenbaum@nelsonmullins.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Designation: Retained

 Interested Party
Rosemary Stack
Interested Party
Representation
Justin Goodyear
Wilmer Cutler Pickering Hale and Dorr LLP (NYC)
7 World Trade Center
250 Greenwich St.
New York, NY 10007
(212) 230-8800
Fax: (212) 230-8888
Justin.Goodyear@wilmerhale.com
ATTORNEY TO BE NOTICED

 Interested Party
Michael Farrell
Interested Party
Representation
Justin Goodyear
(See above for address)
ATTORNEY TO BE NOTICED

 Interested Party
Bank of America, N.A.
Interested Party
Representation
Justin Goodyear
(See above for address)
ATTORNEY TO BE NOTICED

Interested Party
Visa, Inc
Interested Party

Interested Party
Martin Elliott
Interested Party

Interested Party
Capital One Bank (USA), N.A.
Interested Party

Interested Party
TD Bank N.A.
Interested Party

 Plaintiff
USA
Plaintiff
Representation
Christopher Joseph Dimase, U.S. Attorney's Office, SDNY
One St. Andrew's Plaza
New York, NY 10007
(212) 637-2433
Fax: (212) 637-2527
christopher.dimase@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney
Nicholas Folly, United States Attorney's Office, SDNY
One Saint Andrew's Plaza
New York, NY 10007
(212) 637-1060
Fax: (212) 637-2527
nicholas.folly@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney
Tara Marie La Morte
DOJ-USAO
1 St. Andrews Plaza
New York, NY 10007
(212) 637-1041
tara.lamorte2@usdoj.gov
Lrm Jones, Lisa
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney
Emily Sarah Deininger
DOJ-USAO
One Saint Andrew's Plaza
New York, NY 10007
(212) 637-2472
emily.deininger@usdoj.gov
United States Attorney's Office
Southern District of New York
ATTORNEY TO BE NOTICED

Charges

Charges
Minimize
IDParty NameStatusDescription
1 Ruben Weigand Pending 18:1349.F ATTEMPT AND CONSPIRACY TO COMMIT BANK FRAUD (1s)
Disposition
Description
Imprisonment for a total term of on Count 1: Fifteen (15) Months.
1 Ruben Weigand Terminated 18:1349.F ATTEMPT AND CONSPIRACY TO COMMIT BANK FRAUD (1)
Disposition
Description
All underlying indictment count are dismissed on the motion of the US
2 Hamid Akhavan Pending 18:1349.F ATTEMPT AND CONSPIRACY TO COMMIT BANK FRAUD (1s)
Disposition
Description
Imprisonment for a total term of on Count 1: Thirty (30) Months. Supervised release for a term of on Count 1: Three Years
2 Hamid Akhavan Terminated 18:1349.F ATTEMPT AND CONSPIRACY TO COMMIT BANK FRAUD (1)
Disposition
Description
Underlying indictment/information count is dismissed
3 James Patterson Pending 18:1349.F ATTEMPT AND CONSPIRACY TO COMMIT BANK FRAUD (1)
Disposition
Description
IMPRISONMENT: On Count 1: Time Served. SUPERVISED RELEASE: On Count 1: Two (2) years.

Docket Entries

Reverse Entries
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Numbers shown are court assigned numbers.

EntryFiledPDFDescription
1Mar 9, 2020RequestSEALED DOCUMENT placed in vault. (mhe) (Entered: 03/09/2020)
5Mar 9, 2020ViewSEALED S(2) INDICTMENT as to Sealed Defendant 1 (1) count(s) 1. (jm) Modified on 3/16/2020 (jm). (Entered: 03/16/2020)
2Mar 10, 2020RequestSEALED DOCUMENT placed in vault. (mhe) (Entered: 03/10/2020)
3Mar 10, 2020RequestSEALED DOCUMENT placed in vault. (mhe) (Entered: 03/10/2020)
4Mar 10, 2020RequestSEALED DOCUMENT placed in vault. (mhe) (Entered: 03/10/2020)
6Mar 13, 2020ViewOrder to Unseal S(2) Indictment as to Sealed Defendant 1. (Signed by Magistrate Judge Ona T. Wang on 3/13/20)(jm) (Entered: 03/16/2020)
Mar 13, 2020INDICTMENT UNSEALED as to Ruben Weigand. (jm) (Entered: 03/16/2020)
Mar 13, 2020Case Designated ECF as to Ruben Weigand. (jm) (Entered: 03/16/2020)
Mar 13, 2020Case as to Ruben Weigand ASSIGNED to Judge Jed S. Rakoff. (jm) (Entered: 03/16/2020)
Mar 13, 2020Attorney update in case as to Ruben Weigand. Attorney Christopher Joseph Dimase,Nicholas Folly,Tara Marie La Morte for USA added. (jm) (Entered: 03/16/2020)
Mar 16, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Ruben Weigand held on 3/16/2020. 15 minute phone PTC, without audio/ transcript, on March 16, 2020. (bw) (Entered: 03/18/2020)
8Mar 17, 2020ViewORDER as to Ruben Weigand: On March 17, 2020, the Court convened a telephonic bail review hearing in this case. Present by phone were Assistant U.S. Attorney Christopher Dimase for the Government and Michael Artan for defendant Ruben Weigand (who had waived his appearance at the conference). The entire session was also recorded by a court reporter. For the reasons stated by the Court, see Transcript 3/17/2020, the Court determines that there is no condition or combination of conditions that will reasonably assure the appearance of defendant as required. See 18 U.S.C. ?? 3142(e). Because, however, defendant is presently being detained in California, the arraignment will not occur until April 28, 2020, at 2:00 p.m. (Arraignment set for 4/28/2020 at 02:00 PM before Judge Jed S. Rakoff. Initial Appearance set for 4/28/2020 at 02:00 PM before Judge Jed S. Rakoff). (Signed by Judge Jed S. Rakoff on 3/17/2020)(ap) Modified on 3/19/2020 (ap). (Entered: 03/18/2020)
Mar 17, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Bond Hearing as to Ruben Weigand held on 3/17/2020. A 30 minute telephone bail application was heard on March 17,2020. Government: Christopher DiMase, AUSA. DEFENSE: Michael Artan. Court reporter present. Courts decision: defense bail application denied. An arraignment is set for April 28, 2020 at 2:00 pm (bw) (Entered: 03/18/2020)
Mar 17, 2020ORAL ORDER as to Ruben Weigand. Arraignment set for 4/28/2020 at 02:00 PM before Judge Jed S. Rakoff. (bw) (Entered: 03/18/2020)
12Mar 27, 2020RequestORDER as to Hamid Akhavan unsealing the S(1) superseding indictment.. (Signed by Magistrate Judge Sarah L Cave on 3/27/20)(jm) (Entered: 04/02/2020)
13Mar 27, 2020ViewS (1) INDICTMENT FILED as to Hamid Akhavan (2) count(s) 1. (jm) Modified on 4/2/2020 (jm). (Originally filed under seal on 3/27/20) (Entered: 04/02/2020)
Mar 27, 2020Arrest of Hamid Akhavan in the United States District Court - Central District of California. (jm) (Entered: 04/03/2020)
9Mar 31, 2020RequestNOTICE OF ATTORNEY APPEARANCE: Michael S Sommer appearing for Ruben Weigand. Appearance Type: Retained. (Sommer, Michael) (Entered: 03/31/2020)
10Mar 31, 2020RequestNOTICE OF ATTORNEY APPEARANCE: Morris J. Fodeman appearing for Ruben Weigand. Appearance Type: Retained. (Fodeman, Morris) (Entered: 03/31/2020)
11Mar 31, 2020RequestNOTICE OF ATTORNEY APPEARANCE: Katherine Talbot McCarthy appearing for Ruben Weigand. Appearance Type: Retained. (McCarthy, Katherine) (Entered: 03/31/2020)
Mar 31, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Pretrial Conference as to Ruben Weigand held on 3/31/2020. The Government is ordered to produce Rule 16 discovery on a rolling basis, with production to be completed within four weeks. Also, provided that the defendant waives his in-court presence, his April 28 arraignment will be telephonic, and the defendant need not travel to New York. (lnl) (Entered: 04/01/2020)
15Mar 31, 2020RequestORDER as to Ruben Weigand, Hamid Akhavan unsealing the S(3) superseding indictment. (Signed by Magistrate Judge Ona T. Wang on 3/31/20)(jm) (Entered: 04/02/2020)
16Mar 31, 2020View(S3) SUPERSEDING INDICTMENT FILED as to Ruben Weigand (1) count(s) 1s, Hamid Akhavan (2) count(s) 1s. (jm)(Filed under seal on 3/9/20) (Entered: 04/02/2020)
Apr 3, 2020Rule 5(c)(3) Documents Received as to Hamid Akhavan from the United States District Court - Central District of California. (jm) (Entered: 04/03/2020)
17Apr 3, 2020RequestFILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Law Firm of Wilson Sonsini Goodrich & Rosati, P.C. to Withdraw as Attorney . Document filed by Ruben Weigand. (Sommer, Michael) Modified on 4/3/2020 (ka). (Entered: 04/03/2020)
Apr 3, 2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Ruben Weigand: Notice to Attorney Sommer, Michael to RE-FILE Document 17 MOTION for Law Firm of Wilson Sonsini Goodrich & Rosati, P.C. to Withdraw as Attorney. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 04/03/2020)
18Apr 3, 2020RequestMEMO ENDORSEMENT 17 Motion to Withdraw as Attorney. Michael S Sommer withdrawn from case as to Ruben Weigand...ENDORSEMENT...SO ORDERED. (Signed by Judge Jed S. Rakoff on 4/3/2020) (jw) (Entered: 04/06/2020)
19Apr 9, 2020RequestMOTION for David Z. Chesnoff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19391291. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hamid Akhavan. (Chesnoff, David) (Entered: 04/09/2020)
20Apr 9, 2020RequestWAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Hamid Akhavan. (Chesnoff, David) (Entered: 04/09/2020)
Apr 9, 2020>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 19 MOTION for David Z. Chesnoff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19391291. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) (Entered: 04/09/2020)
21Apr 10, 2020ViewPROTECTIVE ORDER as to Ruben Weigand, Hamid Akhavan...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 4/10/2020) (ap) (Entered: 04/13/2020)
22Apr 15, 2020RequestORDER MODIFYING PRETRIAL RELEASECONDITIONS as to Hamid Akhavan: IT IS HEREBY ORDERED that the conditions of pre-trial release shall be modified to postpone the commencement of the Location Monitoring condition until after Defendant has been discharged from his residential drug treatment program. All other conditions previously ordered shall remain in effect. (Signed by Judge Jed S. Rakoff on 4/15/2020) (ap) (Entered: 04/16/2020)
23Apr 17, 2020ViewTRANSCRIPT of Proceedings as to Ruben Weigand re: Conference held on 3/17/2020 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Lisa Picciano Franko, (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 5/8/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/16/2020. (McGuirk, Kelly) (Entered: 04/17/2020)
24Apr 17, 2020RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand. Notice is hereby given that an official transcript of a Conference proceeding held on 3/17/2020 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: 04/17/2020)
Apr 20, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Ruben Weigand held on 4/20/2020. A telephone conference was held on April 20, 2020. Duration 15 minutes. Counsel for defendant and the government present. The defense renews its bail application for Mr. Weigand. Defense's moving papers are due no later than Tuesday, April 21. The Government's opposition is due by 12:00 AM on Friday, April 24. Oral argument will be held at 4 PM on Friday, April 24. (Motions due by 4/21/2020. Responses due by 4/24/2020. Oral Argument set for 4/24/2020 at 04:00 PM before Judge Jed S. Rakoff) (ap) (Entered: 04/20/2020)
Apr 20, 2020NOTICE as to Ruben Weigand. Dial in information for the oral argument to be held at 4 PM on Friday, April 24, 2020: USA TOLL FREE DIAL UP: 888-363-4735 International caller paid: 215-446-3657 Access code: 1086415. (bw) (Entered: 04/20/2020)
Apr 20, 2020MEMORANDUM TO THE DOCKET CLERK: as to Ruben Weigand. Dial in information for the oral argument to be held at 4 PM on Friday, April 24, 2020: USA TOLL FREE DIAL UP: 888-363-4735, International caller paid: 215-446-3657, Access code:1086415. (ap) (Entered: 04/20/2020)
25Apr 21, 2020ViewFILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Reconsideration (Bail Reconsideration). Document filed by Ruben Weigand. (Attachments: # 1 Exhibit A-E)(Levander, Andrew) Modified on 4/21/2020 (ka). (Entered: 04/21/2020)
Apr 21, 2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Ruben Weigand: Notice to Attorney Levander, Andrew to RE-FILE Document 25 MOTION for Reconsideration (Bail Reconsideration). Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 04/21/2020)
26Apr 22, 2020ViewNOTICE of filing of Letter for Bail Reconsideration dated 04/21/2020 as to Ruben Weigand (Attachments: # 1 Letter for Bail Reconsideration, # 2 Exhibit A-E)(Levander, Andrew) (Entered: 04/22/2020)
27Apr 23, 2020ViewFILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM in Opposition by USA as to Ruben Weigand re 25 MOTION for Reconsideration (Bail Reconsideration).. (Folly, Nicholas) Modified on 4/23/2020 (ka). (Entered: 04/23/2020)
Apr 23, 2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Ruben Weigand: Notice to Attorney Folly, Nicholas to RE-FILE Document 27 Memorandum in Opposition to Motion. Use the event type Letter found under the event list Other documents. (ka) (Entered: 04/23/2020)
Apr 23, 2020MEMORANDUM TO THE DOCKET CLERK as to Ruben Weigand, Hamid Akhavan. The telephonic arraignments for the defendants have been adjourned to Tuesday, April 28, 2020 at 2:00pm. USA Toll Free Dial In: 888-363-4735; International Caller Paid: 215-446-3657; Access Code: 1086415 (jw) (Entered: 04/24/2020)
Apr 23, 2020Set/Reset Deadlines/Hearings as to Ruben Weigand, Hamid Akhavan:Telephonic Arraignment set for 4/28/2020 at 02:00 PM before Judge Jed S. Rakoff (jw) (Entered: 04/24/2020)
Apr 24, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument as to Ruben Weigand held on 4/24/2020. A telephonic argument on defendant's motion for bail reconsideration was held on April 24, 2020 at 4:00 pm before Judge Rakoff. Present were Nicolas Folly, AUSA, Tara LaMorte, AUSA and Christopher Dimase, AUSA for the government. For the defendant Andrew Levander, Michael Gilbert and Michael Artan. Courtney DeFeo, Pretrial Services Officer, present. Kristen Carannante, court reporter, present. Court's decision: Motion taken under advisement. (lnl) (Entered: 04/27/2020)
28Apr 27, 2020RequestMEMORANDUM ORDER as to Ruben Weigand. Defendant Ruben Weigand moves under 18 U.S.C. ?? 3142(f) for reconsideration of the Courts March 17, 2020 order detaining him pending trial. Alternatively, he moves for temporary release under 18 U.S.C. ?? 3142(i) to facilitate his participation in the preparation of his defense. For the following reasons, his motions are denied. (Signed by Judge Jed S. Rakoff on 4/27/20)(jw) (Entered: 04/28/2020)
Apr 28, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Appearance as to Ruben Weigand, Hamid Akhavan held on 4/28/2020. Levander, Michael Arten and Michael Dechert for deft Weigand. David Chesnoff for deft Akhaven. Both defts Weigand and Akhaven present. AUSAs Tara LaMorte, Nicholas Folly and Christopher Dimase. FBI Agents Matthew Mahaffey and Ronald Shimko. Court reporter present. (ap) (Entered: 04/29/2020)
Apr 28, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Arraignment as to Ruben Weigand (1) Count 1,1s and Hamid Akhavan (2) Count 1,1s held on 4/28/2020. On April 28,2020 a telephonic arraignment was held before Judge Rakoff. Present: Andrew Levander, Michael Arten and Michael Dechert for deft Weigand. David Chesnoff for deft Akhaven. Both defts Weigand and Akhaven present. AUSAs Tara LaMorte, Nicholas Folly and Christopher Dimase. FBI Agents Matthew Mahaffey and Ronald Shimko. Court reporter present. Both defts waive public reading of the indictment and plead not guilty. All motions due June 17, 2020, Responses July 1,2020, argument to be heard July 13,2020 at 4:00pm. (Motions due by 6/17/2020. Responses due by 7/1/2020. Oral Argument set for 7/13/2020 at 04:00 PM before Judge Jed S. Rakoff) (ap) (Entered: 04/29/2020)
Apr 28, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by Ruben Weigand (1) Count 1,1s and Hamid Akhavan (2) Count 1,1s Not Guilty. (ap) (Entered: 04/29/2020)
Apr 29, 2020MEMORANDUM TO THE DOCKET CLERK: as to Ruben Weigand, Hamid Akhavan. A trial date is set for December 1, 2020 at 9:30 am. Time is excluded until that date, in the interest of justice pursuant to section 3161 of Title 28. (ap) (Entered: 04/29/2020)
Apr 29, 2020Set/Reset Hearings as to Ruben Weigand, Hamid Akhavan: Jury Trial set for 12/1/2020 at 09:30 AM before Judge Jed S. Rakoff. (ap) (Entered: 04/29/2020)
29May 1, 2020RequestORDER as to Ruben Weigand: IT IS HEREBY ORDERED that Defendant Ruben Weigand not be removed to the Southern District of New York for 30 days from the date of this Order and that the parties report to the Court, prior to the expiration of the 30-day period, as to whether an order of removal should be entered. (Signed by Judge Jed S. Rakoff on 5/1/2020) (ap) (Entered: 05/04/2020)
30May 5, 2020ViewTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Conference held on 4/28/2020 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Jennifer Thun, (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 5/26/2020. Redacted Transcript Deadline set for 6/5/2020. Release of Transcript Restriction set for 8/3/2020. (McGuirk, Kelly) (Entered: 05/05/2020)
31May 5, 2020ViewNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Conference proceeding 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: 05/05/2020)
32May 8, 2020ViewTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Conference held on 4/28/2020 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Jennifer Thun, (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 5/29/2020. Redacted Transcript Deadline set for 6/8/2020. Release of Transcript Restriction set for 8/6/2020. (McGuirk, Kelly) (Entered: 05/08/2020)
33May 8, 2020RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Conference proceeding held on 4/28/2020 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: 05/08/2020)
34May 11, 2020ViewMOTION for Bill of Particulars Pursuant to Fed. R. Crim.P. 7(f) and Memorandum of Law in Support. Document filed by Hamid Akhavan. (Chesnoff, David) (Entered: 05/11/2020)
35May 14, 2020RequestMOTION for Bill of Particulars . Document filed by Ruben Weigand. (Gilbert, Michael) (Entered: 05/14/2020)
36May 14, 2020ViewMEMORANDUM in Support by Ruben Weigand re 35 MOTION for Bill of Particulars .. (Levander, Andrew) (Entered: 05/14/2020)
37May 18, 2020ViewMEMORANDUM in Opposition by USA as to Ruben Weigand, Hamid Akhavan re 34 MOTION for Bill of Particulars Pursuant to Fed. R. Crim.P. 7(f) and Memorandum of Law in Support., 35 MOTION for Bill of Particulars .. (La Morte, Tara) (Entered: 05/18/2020)
38May 20, 2020RequestMEMORANDUM ORDER as to Ruben Weigand, Hamid Akhavan re: 34 MOTION for Bill of Particulars Pursuant to Fed. R. Crim.P. 7(f) and Memorandum of Law in Support filed by Hamid Akhavan. On March 31, 2020, a grand jury returned an S3 supersedingindictment against Hamid Akhavan and Ruben Weigand, charging them with one count of conspiracy to commit bank fraud in violation of 18 U.S.C. ?? 1349. ECF No. 16. The indictment alleges that, from 2016 through 2019, Akhavan, Weigand, and other, unnamed co-conspirators engaged in a conspiracy, the Transaction Laundering Scheme, to deceive banks into processing over $100 million of credit and debit card payments to marijuana retailers by disguising the transactions so as to create the false appearance that they were unrelated to the purchase of marijuana. For the following reasons, after considering all of the parties arguments, the motions are granted only with respect to the requests for the identities of the co-conspirators, and are otherwise denied. The Government is accordingly directed to provide the names of the co-conspirators (Akhavans Request 1; Weigands Requests 7, 9, and 10) in a formal bill of particulars, to be filed by no later than June 19, 2020, but with leave to supplement or amend the list up to six weeks prior to trial for good cause shown. SO ORDERED. (Signed by Judge Jed S. Rakoff on 5/20/20)(jw) (Entered: 05/20/2020)
May 20, 2020Set/Reset Deadlines/Hearings as to Ruben Weigand, Hamid Akhavan:Government Responses due by 6/19/2020. (jw) (Entered: 05/20/2020)
39May 22, 2020RequestFILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Letter re: Status Update as per Order of May 1, 2020 as to Ruben Weigand re: 29 Order,. (Gilbert, Michael) Modified on 5/26/2020 (ka). (Entered: 05/22/2020)
40May 24, 2020ViewMEMORANDUM ORDER as to Ruben Weigand, Hamid Akhavan. The Government is accordingly directed to provide the names of the co-conspirators (Akhavan's Request 1; Weigand's Requests 7, 9, and 10) in a formal bill of particulars, to be filed by no later than June 19, 2020, but with leave to supplement or amend the list up to six weeks prior to trial for good cause shown. (Signed by Judge Jed S. Rakoff on 5/20/2020) (See ORDER set forth) (ap) (Entered: 05/26/2020)
42May 24, 2020ViewORDER as to Ruben Weigand. Pursuant to the parties' joint letter dated May 22, 2020, this Court's May 1 order directing that the defendant be detained at the Santa Ana City Jail, without being removed to the Southern District of New York, will remain in effect until June 30, 2020. Prior to that date, the parties are directed to report to the Court as to whether an order of removal should be entered at that time. SO ORDERED. (Signed by Judge Jed S. Rakoff on 5/24/2020)(jbo) (Entered: 05/27/2020)
May 26, 2020NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Ruben Weigand: Notice to Attorney Gilbert, Michael to RE-FILE Document 39 Notice (Other). Use the event type Letter found under the event list Other documents. (ka) (Entered: 05/26/2020)
41May 26, 2020ViewNOTICE of filing of Letter re Status Update as per Order of May 1, 2020 as to Ruben Weigand (Attachments: # 1 Letter re Status Update as per Order of May 1, 2020)(Gilbert, Michael) (Entered: 05/26/2020)
May 26, 2020MEMORANDUM TO THE DOCKET CLERK as to Hamid Akhavan. A Curcio hearing will be held at 3 PM on Wednesday, May 27, 2020. Dial-In: (929) 251-9612; Access Code: 902 906 854 (jw) (Entered: 05/27/2020)
May 26, 2020Set/Reset Deadlines/Hearings as to Hamid Akhavan: Curcio Hearing set for 5/27/2020 at 03:00 PM before Judge Jed S. Rakoff (jw) (Entered: 05/27/2020)
May 27, 2020MEMORANDUM TO THE DOCKET CLERK as to Hamid Akhavan. The Court has determined that it is necessary for the May 27, 2020 Curcio hearing to take place under seal. Accordingly, while the hearing will proceed at 3 PM on May 27, it will no longer take place at the dial-in noted above. (jw) (Entered: 05/27/2020)
43Jun 1, 2020ViewMEMORANDUM ORDER as to Hamid Akhavan. The Court accordingly finds that a rational defendant could knowingly and intentionally waive the conflict at issue here, and that defendant Akhavan has in fact done so. The motion for substitution of counsel is therefore granted. Mr. Chesnoff is relieved as counsel of record, to be replaced by the above-named counsel from Quinn Emanuel and the Rothken Firm. (Signed by Judge Jed S. Rakoff on 5/30/2020) (See ORDER set forth) (ap) Modified on 6/1/2020 (ap). (Entered: 06/01/2020)
44Jun 1, 2020ViewMOTION for Ira Perry Rothken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20055590. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan. (Attachments: # 1 Affidavit of Ira Rothken, # 2 Text of Proposed Order)(Rothken, Ira) Modified on 6/1/2020 (laq). (Entered: 06/01/2020)
Jun 1, 2020>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice as to Ruben Weigand, Hamid Akhavan to RE-FILE Document No. 44 MOTION for Ira Perry Rothken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20055590. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from California Supreme Court;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (laq) (Entered: 06/01/2020)
45Jun 4, 2020ViewAMENDED MOTION for Ira Perry Rothken to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hamid Akhavan. (Attachments: # 1 Affidavit of Ira Rothken, # 2 Text of Proposed Order)(Rothken, Ira) (Entered: 06/04/2020)
Jun 4, 2020>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 45 AMENDED MOTION for Ira Perry Rothken to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) (Entered: 06/04/2020)
46Jun 4, 2020ViewNOTICE OF ATTORNEY APPEARANCE: William Anthony Burck appearing for Hamid Akhavan. Appearance Type: Retained. (Burck, William) (Entered: 06/04/2020)
Jun 5, 2020MEMORANDUM TO THE DOCKET CLERK: as to Ruben Weigand, Hamid Akhavan. The deadlines set by the Court at the defendants' April 28 arraignment are extended as follows: The deadline for defense motions is extended to June 24, 2020 with the Government's answering deadline correspondingly extended to July 8, 2020. Oral argument on any defense motions is adjourned from July 13 to July 27, 2020 at 11 AM. (ap) (Entered: 06/05/2020)
Jun 5, 2020Set/Reset Deadlines/Hearings as to Ruben Weigand, Hamid Akhavan: Motions due by 6/24/2020. Responses due by 7/8/2020 Oral Argument set for 7/27/2020 at 11:00 AM before Judge Jed S. Rakoff. (ap) (Entered: 06/05/2020)
47Jun 5, 2020ViewFIRST MOTION for Paul Joseph Slattery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20133545. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan. (Attachments: # 1 Affidavit of Paul Slattery ISO Admission Pro Hac Vice, # 2 Exhibit A to Affidavit of Paul Slattery, # 3 Text of Proposed Order for Admission Pro Hac Vice)(Slattery, Paul) (Entered: 06/05/2020)
48Jun 5, 2020ViewFIRST MOTION for Christopher Tayback to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20133953. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan. (Attachments: # 1 Affidavit of Christopher Tayback ISO Admission Pro Hac Vice, # 2 Exhibit A to Affidavit of Christopher Tayback, # 3 Text of Proposed Order for Admission Pro Hac Vice)(Tayback, Christopher) (Entered: 06/05/2020)
Jun 5, 2020>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 47 FIRST MOTION for Paul Joseph Slattery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20133545. Motion and supporting papers to be reviewed by Clerk's Office staff., 48 FIRST MOTION for Christopher Tayback to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-20133953. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) (Entered: 06/07/2020)
49Jun 8, 2020ViewORDER FOR ADMISSION PRO HAC VICE 45 Motion for Ira P. Rothken to Appear Pro Hac Vice as to Hamid Akhavan. The motion of Ira P. Rothken, Esq., for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys (Signed by Judge Jed S. Rakoff on 6/5/20) (jw) (Entered: 06/08/2020)
Jun 8, 2020Attorney update in case as to Hamid Akhavan. Attorney Ira Perry Rothken for Hamid Akhavan added. (jw) (Entered: 06/08/2020)
50Jun 8, 2020ViewORDER FOR ADMISSION PRO HAC VICE 47 Motion for Paul Slattery to Appear Pro Hac Vice as to Hamid Akhavan. The motion of Paul Slattery, Esq., for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Jed S. Rakoff on 6/8/20) (jw) (Entered: 06/08/2020)
Jun 8, 2020Attorney update in case as to Hamid Akhavan. Attorney Paul Joseph Slattery for Hamid Akhavan added. (jw) (Entered: 06/08/2020)
51Jun 8, 2020ViewORDER FOR ADMISSION PRO HAC VICE 48 Motion for Christopher Tayback to Appear Pro Hac Vice as to Hamid Akhavan (2). The motion of Christopher Tayback, Esq., for admission to practice Pro Hae Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Jed S. Rakoff on 6/8/2020) (jw) (Entered: 06/08/2020)
Jun 8, 2020Attorney update in case as to Hamid Akhavan. Attorney Christopher Tayback for Hamid Akhavan added. (jw) (Entered: 06/08/2020)
52Jun 8, 2020ViewMOTION for Sara Catherine Clark to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hamid Akhavan. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Text of Proposed Order)(Clark, Sara) (Entered: 06/08/2020)
Jun 8, 2020Pro Hac Vice Fee Payment: for 52 MOTION for Sara Catherine Clark to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-20154141. (Clark, Sara) (Entered: 06/08/2020)
53Jun 8, 2020ViewAMENDED MOTION for Sara Catherine Clark to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hamid Akhavan. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Text of Proposed Order)(Clark, Sara) (Entered: 06/08/2020)
Jun 8, 2020>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice as to Ruben Weigand, Hamid Akhavan to RE-FILE Document No. 52 MOTION for Sara Catherine Clark to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing signed, notarized affidavit;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (laq) (Entered: 06/08/2020)
Jun 8, 2020>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 53 AMENDED MOTION for Sara Catherine Clark to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq) (Entered: 06/08/2020)
54Jun 9, 2020ViewORDER FOR ADMISSION PRO HAC VICE 53 Motion for Sara Catherine Clark to Appear Pro Hac Vice as to Hamid Akhavan. The motion of Sara Catherine Clark, Esq., for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Jed S. Rakoff on 6/9/20) (jw) (Entered: 06/09/2020)
Jun 9, 2020Attorney update in case as to Hamid Akhavan. Attorney Sara Catherine Clark for Hamid Akhavan added. (jw) (Entered: 06/09/2020)
55Jun 10, 2020ViewMOTION for Jared Robinson Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hamid Akhavan. (Attachments: # 1 Affidavit of Jared R Smith, # 2 Text of Proposed Order)(Rothken, Ira) (Entered: 06/10/2020)
Jun 10, 2020Pro Hac Vice Fee Payment: for 55 MOTION for Jared Robinson Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-20192051. (Rothken, Ira) (Entered: 06/10/2020)
Jun 10, 2020>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 55 MOTION for Jared Robinson Smith to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq) (Entered: 06/10/2020)
56Jun 12, 2020RequestORDER FOR ADMISSION PRO HAC VICE 55 Motion for Jared R. Smith to Appear Pro Hac Vice as to Hamid Akhavan. The motion of Jared R. Smith, Esq., for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Jed S. Rakoff on 6/12/20) (jw) (Entered: 06/12/2020)
57Jun 22, 2020ViewNOTICE of Filing of Letter re Status Update as per Order of May 1, 2020 as to Ruben Weigand (Attachments: # 1 Letter re Status Update as per Order of May 1, 2020)(Gilbert, Michael) (Entered: 06/22/2020)
58Jun 23, 2020ViewMEMO ENDORSEMENT as to Ruben Weigand on 57 NOTICE of Filing of Letter re Status Update as per Order of May 1, 2020 as to Ruben Weigand (Attachments: # 1 Letter re Status Update as per Order of May 1, 2020). ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 6/23/2020) (lnl) (Entered: 06/23/2020)
Jun 23, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Ruben Weigand, Hamid Akhavan held on 6/23/2020 was held in the above-captioned case without transcription or recording. Present: all relevant parties. Court's decision: The application to file under seal defense motions containing references to and/or identifying information regarding unindicted coconspirators named in the Bill of Particulars is granted. Defendants shall also file a public, redacted copy of each such motion. (ap) (Entered: 06/24/2020)
59Jun 23, 2020RequestSEALED DOCUMENT placed in vault. (dn) (Entered: 06/24/2020)
Jun 24, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Ruben Weigand, Hamid Akhavan held on 6/24/2020 in the above-captioned case without transcription or recording. Present: all relevant parties. Court's decision: The deadline for defense motions is extended to June 26, 2020 with the Government's answering deadline correspondingly extended to July 10, 2020. (Motions due by 6/26/2020. Responses due by 7/10/2020) (ap) (Entered: 06/24/2020)
60Jun 24, 2020ViewFIRST MOTION for Derek L. Shaffer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20405241. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan. (Attachments: # 1 Affidavit of Derek Shaffer ISO Motion to Appear Pro Hac Vice, # 2 Exhibit ISO Affidavit of Derek Shaffer, # 3 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Shaffer, Derek) (Entered: 06/24/2020)
Jun 25, 2020>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 60 FIRST MOTION for Derek L. Shaffer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20405241. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq) (Entered: 06/25/2020)
61Jun 26, 2020ViewMOTION to Dismiss the Indictment. Document filed by Ruben Weigand. (Levander, Andrew) (Entered: 06/26/2020)
62Jun 26, 2020ViewMEMORANDUM in Support by Ruben Weigand re 61 MOTION to Dismiss the Indictment.. (Levander, Andrew) (Entered: 06/26/2020)
63Jun 26, 2020ViewMOTION to Compel Discovery. Document filed by Ruben Weigand. (Levander, Andrew) (Entered: 06/26/2020)
64Jun 26, 2020ViewMEMORANDUM in Support by Ruben Weigand re 63 MOTION to Compel Discovery.. (Levander, Andrew) (Entered: 06/26/2020)
65Jun 26, 2020ViewDECLARATION of Michael J. Gilbert in Support as to Ruben Weigand re: 63 MOTION to Compel Discovery.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gilbert, Michael) (Entered: 06/26/2020)
66Jun 26, 2020ViewFILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Hamid Akhavan. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion to Dismiss)(Slattery, Paul) Modified on 6/28/2020 (ka). (Entered: 06/26/2020)
67Jun 26, 2020ViewFILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel Discovery and Set Disclosure Deadlines. Document filed by Hamid Akhavan. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion to Compel, # 2 Exhibits)(Slattery, Paul) Modified on 6/28/2020 (ka). (Entered: 06/26/2020)
68Jun 26, 2020ViewMOTION to Suppress . Document filed by Ruben Weigand. (Levander, Andrew) (Entered: 06/26/2020)
69Jun 26, 2020ViewMEMORANDUM in Support by Ruben Weigand re 68 MOTION to Suppress .. (Levander, Andrew) (Entered: 06/26/2020)
70Jun 26, 2020ViewDECLARATION of Michael J. Gilbert in Support as to Ruben Weigand re: 68 MOTION to Suppress .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gilbert, Michael) (Entered: 06/26/2020)
Jun 28, 2020***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Hamid Akhavan: Notice to Attorney Slattery, Paul to RE-FILE Document 66 MOTION to Dismiss. ERROR(S): Filing Error of Attachment #1 Memorandum must be filed individually. Event code Memorandum in Support of Motion located under Replies, Opposition and Supporting documents.***NOTE: Separate docket entry for each. (ka) (Entered: 06/28/2020)
Jun 28, 2020***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR as to Hamid Akhavan: Notice to Attorney Slattery, Paul to RE-FILE Document 67 MOTION to Compel Discovery and Set Disclosure Deadlines. ERROR(S): Filing Error of Attachment #1. Memorandum of Points and Authorities in Support of Motion must be filed individually. Event code Memorandum in Support of located under Replies, Opposition and Supporting documents.***NOTE: Separate docket entry for each. (ka) (Entered: 06/28/2020)
71Jun 28, 2020ViewMOTION to Dismiss Indictment. Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan. (Slattery, Paul) (Entered: 06/28/2020)
72Jun 28, 2020ViewMEMORANDUM in Support by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re 71 MOTION to Dismiss Indictment.. (Slattery, Paul) (Entered: 06/28/2020)
73Jun 28, 2020RequestMOTION to Compel Discovery and Set Disclosure Deadlines. Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan. (Slattery, Paul) (Entered: 06/28/2020)
74Jun 28, 2020ViewMEMORANDUM in Support by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re 73 MOTION to Compel Discovery and Set Disclosure Deadlines.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Slattery, Paul) (Entered: 06/28/2020)
Jun 29, 2020***DELETED DOCUMENT. Deleted document number 75. ORDER FOR ADMISSION PRO HAC VICE re: Attorney Derek L. Shaffer, as to Ruben Weigand (1). The document was incorrectly filed in this case. (bw) (Entered: 06/30/2020)
Jun 29, 2020***DELETED DOCUMENT. Deleted document number 76. ORDER FOR ADMISSION PRO HAC VICE re: Attorney Paul Slattery, as to Ruben Weigand (1). The document was incorrectly filed in this case. (bw) (Entered: 06/30/2020)
Jun 29, 2020***DELETED DOCUMENT. Deleted document number 77. ORDER FOR ADMISSION PRO HAC VICE re: Attorney Christopher Tayback, as to Ruben Weigand (1). The document was incorrectly filed in this case. (bw) (Entered: 06/30/2020)
75Jun 29, 2020RequestORDER FOR ADMISSION PRO HAC VICE: granting 60 Motion for Derek L. Shaffer to Appear Pro Hac Vice as to Hamid Akhavan (2). The motion of Derek L. Shaffer, Esq., for admission to practice Pro HaC Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Jed S. Rakoff on 6/29/2020) (bw) (Entered: 06/30/2020)
Jun 29, 2020Attorney update in case as to Hamid Akhavan (2). Attorney Derek Lawrence Shaffer for Hamid Akhavan added. (bw) (Entered: 06/30/2020)
76Jun 29, 2020RequestORDER FOR ADMISSION PRO HAC VICE as to Hamid Akhavan on re: 47 FIRST MOTION for Paul Joseph Slattery to Appear Pro Hac Vice. The motion of Paul Slattery, Esq., for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Jed S. Rakoff on 6/29/2020)(bw) (Entered: 06/30/2020)
77Jun 29, 2020RequestORDER FOR ADMISSION PRO HAC VICE: as to Hamid Akhavan on re: 48 FIRST MOTION for Christopher Tayback to Appear Pro Hac Vice. The motion of Christopher Tayback, Esq., for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned action in the United States District Court for the Southern District of New York.All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Jed S. Rakoff on 6/29/2020)(bw) (Entered: 06/30/2020)
Jul 6, 2020MEMORANDUM TO THE DOCKET CLERK as to Ruben Weigand, Hamid Akhavan. The Government's deadline to respond to defendants' pretrial motions is extended to July 14, 2020 (jw) (Entered: 07/06/2020)
Jul 6, 2020Set/Reset Deadlines/Hearings as to Ruben Weigand, Hamid Akhavan:Government Responses due by 7/14/2020. (jw) (Entered: 07/06/2020)
78Jul 6, 2020RequestNOTICE OF ATTORNEY APPEARANCE: Jared Robinson Smith appearing for Hamid Akhavan. Appearance Type: Retained. (Smith, Jared) (Entered: 07/06/2020)
79Jul 15, 2020ViewMEMORANDUM in Opposition by USA as to Ruben Weigand, Hamid Akhavan re 68 MOTION to Suppress ., 73 MOTION to Compel Discovery and Set Disclosure Deadlines., 61 MOTION to Dismiss the Indictment., 71 MOTION to Dismiss Indictment., 63 MOTION to Compel Discovery.. (Dimase, Christopher) (Entered: 07/15/2020)
Jul 16, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Ruben Weigand, Hamid Akhavan held on 7/16/2020. A teleconference was held on July 16, 2020 before Judge Rakoff without transcription or recording. Present were counsel for both defendants and the government. Court's decision: defendants may each submit a reply brief in support of their motions by 5:00pm Monday July 20, 2020. (Replies due by 7/20/2020) (ap) (Entered: 07/16/2020)
80Jul 16, 2020RequestSEALED DOCUMENT placed in vault. (mhe) (Entered: 07/16/2020)
81Jul 17, 2020RequestNOTICE of Filing Letter re: Status Update as per Order of June 23, 2020 as to Ruben Weigand (Attachments: # 1 Letter re Status Update as per Order of June 23, 2020)(Gilbert, Michael) (Entered: 07/17/2020)
82Jul 20, 2020ViewREPLY MEMORANDUM OF LAW in Support as to Ruben Weigand re: 68 MOTION to Suppress ., 61 MOTION to Dismiss the Indictment., 63 MOTION to Compel Discovery. . (Levander, Andrew) (Entered: 07/20/2020)
83Jul 20, 2020ViewREPLY MEMORANDUM OF LAW in Support by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re: 73 MOTION to Compel Discovery and Set Disclosure Deadlines., 71 MOTION to Dismiss Indictment. . (Burck, William) (Entered: 07/20/2020)
84Jul 21, 2020RequestENDORSED LETTER as to Ruben Weigand addressed to Judge Jed S. Rakoff from Michael J. Gilbert dated 7/17/20 re: The parties have conferred and write to request that this Court's Order staying Weigand's removal to the Southern District of NY remain in effect for an additional 30 days, and that no order of removal be entered on July 30, 2020...ENDORSEMENT: SO ORDERED. However, the Court is unlikely to grant further such extensions beyond August 31, 2020. (Signed by Judge Jed S. Rakoff on 7/21/20)(jw) (Entered: 07/21/2020)
Jul 23, 2020MEMORANDUM TO THE DOCKET CLERK as to Ruben Weigand, Hamid Akhavan: A telephonic oral argument will be heard on July 27, 2020 at 11:00am. The public may dial in to listen toll free in the USA at 888-363-4735; International caller paid 215-446-3657; access code 1086415. (lnl) (Entered: 07/23/2020)
Jul 23, 2020Set/Reset Deadlines/Hearings as to Ruben Weigand, Hamid Akhavan: Telephone Conference set for 7/27/2020 at 11:00 AM before Judge Jed S. Rakoff. (lnl) (Entered: 07/23/2020)
85Jul 24, 2020RequestNOTICE of Waiver of Right to be Physically Present at Hearing as to Ruben Weigand (Attachments: # 1 Waiver of Right to be Physically Present at Hearing)(Gilbert, Michael) (Entered: 07/24/2020)
86Jul 24, 2020RequestNOTICE of Waiver of Right to be Physically Present at Hearing as to Ray Akhavan as to Ruben Weigand, Hamid Akhavan (Burck, William) (Entered: 07/24/2020)
Jul 24, 2020MEMORANDUM TO THE DOCKET CLERK as to Ruben Weigand, Hamid Akhavan. The dial in information for the argument on Monday July 27 at 11:00am has changed. The public may listen in by dialing 646-518-9805; webinar ID access code 946-5720-3220. (jw) (Entered: 07/27/2020)
Jul 27, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff:Oral Argument as to Ruben Weigand, Hamid Akhavan held on 7/27/2020 re: 68 MOTION to Suppress filed by Ruben Weigand, 73 MOTION to Compel Discovery and Set Disclosure Deadlines filed by Hamid Akhavan, 71 MOTION to Dismiss Indictment filed by Hamid Akhavan. Present: For defendant Weigand: Andrew Levander, Michael Gilbert, and Michael Artan. For defendant Akhaven: Paul Slattery, Christopher Tayback, Derek Shaffer, Sara Clark, William Burck, Ira Rothken and Jared Smith. For the government: AUSA's Christopher Dimase, Tara LaMorte and Nicholas Folly. Court reporter Kelly Surina present. (jw) Modified on 8/6/2020 (ap). (Entered: 07/30/2020)
87Aug 18, 2020RequestNOTICE of Filing Letter re: Stay of Removal to New York as to Ruben Weigand (Attachments: # 1 Letter re Request for Further Stay of Removal)(Levander, Andrew) (Entered: 08/18/2020)
88Aug 20, 2020ViewMEMO ENDORSEMENT as to Ruben Weigand on re: 87 NOTICE of Filing Letter re: Stay of Removal to New York as to Ruben Weigand (Attachments: # 1 Letter re Request for Further Stay of Removal). ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/19/2020) (ap) (Entered: 08/20/2020)
89Aug 20, 2020ViewTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Conference held on 7/27/2020 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Kelly Surina, (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 9/10/2020. Redacted Transcript Deadline set for 9/21/2020. Release of Transcript Restriction set for 11/18/2020. (McGuirk, Kelly) (Entered: 08/20/2020)
90Aug 20, 2020ViewNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Conference proceeding held on 7/27/2020 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: 08/20/2020)
Aug 31, 2020MEMORANDUM TO THE DOCKET CLERK: as to Hamid Akhavan. For the Akhavan hearing on Thursday, September 3, 2020 at 4:00pm the public dial-in info is: +1 646 518 9805, Webinar ID: 999 2386 5317, Passcode: 432168. (jbo) (Entered: 08/31/2020)
Aug 31, 2020Set/Reset Hearings as to Hamid Akhavan: Status Conference set for 9/3/2020 at 04:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 08/31/2020)
91Aug 31, 2020ViewOPINION & ORDER as to Ruben Weigand, Hamid Akhavan. For the foregoing reasons, defendants' motions to dismiss are denied and Weigand's motion to suppress is denied. Defendants' motion to compel and to set pretrial disclosure deadlines is denied, except as follows: The Government is ordered to promptly produce to defendants documents concerning (1) communications between merchant banks, credit card companies, or issuing banks on the one hand and the defendants on the other hand; (2) how, when, and by whom MCCs are assigned to transactions; and (3) the relation MCCs have, if any, to the approval or rejection of transactions. For devices seized from defendants, if the Government has not already done so, it must share the entire contents of each device with the device's owner by no later than 5:00 pm on September 2, 2020. The Government must share responsive documents with both defendants by no later than 5:00 pm on September 14, 2020. The Court orders that, to the extent the Government has additional details regarding the March 2018 meeting described in the Government's June 22, 2020 letter - including, without limitation, the meetings' attendees the Government must immediately produce that information in accordance with its Brady obligations. Giglio materials must be produced as specified in the Court's Individual Rules. Exhibits and witness lists must be produced four weeks prior to trial, subject to change for good cause. The Government must file a notice on the docket by no later than 5:00 pm on September 4, 2020 stating by when it will disclose Jencks Act material. (Signed by Judge Jed S. Rakoff on 8/31/2020)(jw) (Entered: 09/01/2020)
92Sep 2, 2020RequestNOTICE of of Filing of Letter in Opposition to Remand Recommendation as to Hamid Akhavan (Attachments: # 1 Letter Regarding Opposition to Remand Recommendation, # 2 Exhibits)(Burck, William) (Entered: 09/02/2020)
93Sep 2, 2020RequestERRATA as to Ruben Weigand, Hamid Akhavan. Two minor errors in the Opinion and Order dated August 31, 2020, ECF No. 91, are hereby corrected as follows: On page 2, lines 13-16, the parenthetical beginning with the word "here" and ending with the word "Company" is deleted. On page 3, lines 14-15, the phrase "Weigand and Akhavan were principals of" is replaced with the phrase "Weigand and Akhavan and their co-conspirators made use of an entity called."SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/2/2020)(jw) (Entered: 09/02/2020)
94Sep 2, 2020RequestNOTICE of of Filing of Supplemental Letter Regarding Bond Revocation Hearing as to Hamid Akhavan re: 92 Notice (Other). (Attachments: # 1 Supplemental Letter Regarding Bond Revocation Hearing, # 2 Exhibits)(Burck, William) (Entered: 09/02/2020)
Sep 3, 2020MEMORANDUM TO THE DOCKET CLERK as to Hamid Akhavan. The proceeding scheduled for 4pm today is rescheduled to 5pm today. The dial in information remains the same as previously posted. (jw) (Entered: 09/03/2020)
Sep 3, 2020Set/Reset Deadlines/Hearings as to Hamid Akhavan: Status Conference set for 9/3/2020 at 05:00 PM before Judge Jed S. Rakoff (jw) (Entered: 09/03/2020)
Sep 4, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Bond Hearing as to Hamid Akhavan held on 9/4/2020. A Zoom bail application was held before Judge Rakoff on September 4. Present were Nicholas Folly, AUSA, Tara LaMorte, AUSA and Christopher de Maise, AUSA for the government, Christopher Tayback, William Burke, Paul Slattery, Ira Rothkin, Jared Smith for the defense, Pretrial Services Officer John Moscato, and a court reporter. Court's decision: The defendant shall enter an inpatient drug abuse rehabilitation program in California as soon as Pretrial Services is able to arrange that. While those arrangements are pending the defendant shall continue attending his out patient program and submit to testing as often as Pretrial can arrange for it. Said in patient treatment shall continue until the defendant must come to NY to prepare for trial or until Pretrial Services has decided the defendant has received the maximum benefit thereof. All other conditions remain. GPS and/or cell phone monitoring shall be implemented as soon as possible. (ap) (Entered: 09/04/2020)
95Sep 4, 2020RequestRESPONSE by USA as to Ruben Weigand, Hamid Akhavan to Court's Direction to Government to Submit Letter Regarding Production of Jencks Act Material. (La Morte, Tara) (Entered: 09/04/2020)
Sep 15, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Ruben Weigand, Hamid Akhavan held on 9/15/2020. A phone conference was held on September 15, 2020, without transcription or recording. Present were Nicholas Folly, AUSA, Tara LaMorte, AUSA and Christopher de Maise, AUSA for the government, Christopher Tayback, William Burke, Paul Slattery, Ira Rothkin, Jared Smith, and Katherine Talbot McCarthy for the defense. (ap) (Entered: 09/15/2020)
96Sep 15, 2020RequestFIRST MOTION for Michael Harry Artan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-21668495. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ruben Weigand as to Ruben Weigand, Hamid Akhavan. (Attachments: # 1 Affidavit of Michael H. Artan in Support of Motion for Admission Pro Hac Vice, # 2 Exhibit A to Affidavit, # 3 Order for Pro Hac Vice Admission)(Artan, Michael) (Entered: 09/15/2020)
Sep 16, 2020>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 96 FIRST MOTION for Michael Harry Artan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21668495. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) (Entered: 09/16/2020)
97Sep 17, 2020RequestORDER FOR PRO HAC VICE ADMISSION granting 96 Motion for Michael H. Artan to Appear Pro Hac Vice as to Ruben Weigand (1). (Signed by Judge Jed S. Rakoff on 9/17/2020) (lnl) (Entered: 09/17/2020)
98Sep 24, 2020RequestNOTICE of filing of Letter for Bail Reconsideration dated 09/24/2020 as to Ruben Weigand (Attachments: # 1 Letter for Bail Reconsideration, # 2 Exhibit A-B, # 3 Exhibit C, # 4 Exhibit D_I)(Levander, Andrew) (Entered: 09/24/2020)
Sep 25, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Ruben Weigand, Hamid Akhavan held on 9/25/2020. On September 25, 2020, there was a teleconference in the above-captioned case, without transcription or recording. Present were Tara LaMorte, AUSA for the Government, M. Gilbert and I. Rothken for defendant Weigand, and S. Clark for defendant Akhavan. (ap) (Entered: 09/29/2020)
99Sep 28, 2020RequestMEMORANDUM OF LAW by USA as to Ruben Weigand . (Folly, Nicholas) (Entered: 09/28/2020)
100Sep 30, 2020RequestNOTICE of Filing Letter re Supplemental Medical Opinion in Support of Mr. Weigand's Renewed Bail Application as to Ruben Weigand (Levander, Andrew) (Entered: 09/30/2020)
Sep 30, 2020MEMORANDUM TO THE DOCKET CLERK as to Ruben Weigand. On September 30, 2020 at noon there will be a hearing before Judge Rakoff on Weigand's motion for reconsideration of the denial of bail. The public can access the hearing using the following dial-in information. Phone number: 8662055379. Access code: 173 133 2495. This Hearing will be adjourned to Friday at 10am (jw) (Entered: 09/30/2020)
Sep 30, 2020MEMORANDUM TO THE DOCKET CLERK as to Ruben Weigand. The telephonic bail appeal hearing for defendant Weigand will be adjourned to Friday October 2, 2020 at 10am. The public may use the previously posted dial in information. (jw) (Entered: 09/30/2020)
Sep 30, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff:Teleconference Status Conference as to Ruben Weigand held on 9/30/2020 without transcription or recording. Present were C. DiMase, N. Folly, AUSAs, for the Government, and M. Gilbert, M. Artan, A. Levander for defendant Weigand. (jw) (Entered: 09/30/2020)
101Sep 30, 2020RequestORDER as to Ruben Weigand..... WHEREAS, oral argument on Weigand's renewed bail application is scheduled for October 2, 2020 at 10 a.m. IT IS HEREBY ORDERED that the stay of Defendant Ruben Weigand' s removal to New York be extended until the Court has ruled on Weigand's renewed bail application (ECF No. 98-1), which it will do by no later than October 5, 2020. SO ORDERED. (Oral Argument set for 10/2/2020 at 10:00 AM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 9/30/2020)(jbo) (Entered: 09/30/2020)
Oct 1, 2020MEMORANDUM TO THE DOCKET CLERK: as to Ruben Weigand. A bail hearing will be heard by Judge Rakoff on October 2, 2020 at 10:00am. The public can access the telephonic bail appeal hearing for defendant Weigand, scheduled for Friday, October 2, 2020 at 10am, using the following dial-in information. Phone number: 8662055379. Access code: 173 551 4495. (ap) Modified on 10/2/2020 (ap). (Entered: 10/02/2020)
Oct 1, 2020Set/Reset Hearings as to Ruben Weigand: Bail Hearing set for 10/2/2020 at 10:00 AM before Judge Jed S. Rakoff. (ap) (Entered: 10/02/2020)
Oct 2, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Bond Hearing as to Ruben Weigand held on 10/2/2020. On October 2, 2020 a telephonic bail appeal was heard before Judge Rakoff. Present were Christopher Dimase, AUSA & Marie La Morte, AUSA for the government. Shiriram Harid, Andrew Levander, Michael Gilbert, and Michael Artan for the defendant who was himself present. Court reporter Paula Spears. Court's decision: The defense shall submit proposed bail conditions by noon October 3, 2020, Govt' shall submit proposed bail conditions by 9:00am Monday October 5, the Court will render its decision by close of business Monday October 5, 2020. (Court Reporter Paula Speer) (ap) (Entered: 10/02/2020)
102Oct 2, 2020ViewTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Conference held on 10/2/20 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 10/23/2020. Redacted Transcript Deadline set for 11/2/2020. Release of Transcript Restriction set for 12/31/2020. (McGuirk, Kelly) (Entered: 10/02/2020)
103Oct 2, 2020RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Conference proceeding held on 10/2/20 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: 10/02/2020)
104Oct 2, 2020ViewTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Conference held on 9/21/20 before Judge William H. Pauley, III. 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 10/23/2020. Redacted Transcript Deadline set for 11/2/2020. Release of Transcript Restriction set for 12/31/2020. (McGuirk, Kelly) (Entered: 10/02/2020)
105Oct 2, 2020RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Conference proceeding held on 9/21/20 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: 10/02/2020)
106Oct 3, 2020RequestNOTICE OF ATTORNEY APPEARANCE: Andrew J. Levander appearing for Ruben Weigand. Appearance Type: Retained. (Levander, Andrew) (Entered: 10/03/2020)
107Oct 3, 2020RequestNOTICE OF ATTORNEY APPEARANCE: Michael J. Gilbert appearing for Ruben Weigand. Appearance Type: Retained. (Gilbert, Michael) (Entered: 10/03/2020)
108Oct 3, 2020RequestNOTICE OF ATTORNEY APPEARANCE: Steven Pellechi appearing for Ruben Weigand. Appearance Type: Retained. (Pellechi, Steven) (Entered: 10/03/2020)
109Oct 3, 2020RequestNOTICE of Filing Letter re: Bail Conditions as to Ruben Weigand (Attachments: # 1 Letter re Bail Conditions)(Levander, Andrew) (Entered: 10/03/2020)
110Oct 3, 2020RequestNOTICE OF ATTORNEY APPEARANCE: Shriram Harid appearing for Ruben Weigand. Appearance Type: Retained. (Harid, Shriram) (Entered: 10/03/2020)
111Oct 5, 2020RequestRESPONSE by USA as to Ruben Weigand Regarding Defendant's Proposed Bail Conditions. (Dimase, Christopher) (Entered: 10/05/2020)
112Oct 6, 2020RequestOPINION AND ORDER as to Ruben Weigand: the Court grants Weigand's motion and orders his release pending trial in accordance with the schedule set forth below and with the following conditions: 1. Weigand will sign a $3 million personal recognizance bond, secured by $470,000 in cash collateral provided by Weigand's close friends and family, and seven financially responsible co-signers who shall sign the bond to the extent of $1.15 million. The defense shall promptly identify the seven financially responsible co-signers to the Government; but regardless of whether the Government finds them satisfactory, that will not delay defendant's release. However, if the Government finds that the co-signers are unsatisfactory to the Government, then the Government can apply to the Court for further action, even including remand. 2. Weigand must be released from the facility where he is currently housed in Santa Ana, California, by no later than Friday, October 9. If the Government can promptly make arrangements, Weigand will then be transported from California to New York by plane under the supervision of the U.S. Marshals, no later than Friday, October 9. Alternatively, at the Government's election or if the Government is unable to transport Weigand to New York by plane no later than Friday, October 9, then Weigand will be released to the custody of the retained private security guards and transported from California to New York by plane under the supervision of said guards, at his own expense, by no later than Friday, October 9. 3. Immediately upon Weigand's arrival in New York, he shall be escorted by the Marshals or by his private security guards to an apartment in Manhattan rented at his expense, the location of which shall be furnished beforehand to Pre-Trial Services and the Government. He shall remain there at all times of day and night but may leave to meet his counsel at their New York office under the supervision of armed security guards. Any other exceptions must be expressly authorized by Pre-Trial Services or this Court, in writing, in advance. 4. Weigand's detention in the rented apartment will be secured at all times by on-premises armed security guards, paid for by Weigand. 5. Weigand will give his express consent in writing to the use of reasonable force by the armed security guards to thwart any attempt to flee or to leave his apartment for any reason not authorized by this Order, Pre-Trial Services, or the Court. In addition, the Court hereby authorizes such use of force. 6. With the exception of Weigand's counsel, who will be permitted to visit Weigand freely, any visitors for Weigand will require express pre-approval in writing by Pre-Trial Services. 7. Weigand will be subject to strict supervision and electronic GPS monitoring, as directed by Pre-Trial Services. 8. Weigand will execute a waiver of his right to challenge extradition from both Germany and Luxembourg. 9. Santa Ana Jail is directed to release Weigand from its custody into the custody of the U.S. Marshals Service no later than Friday, October 9. If the U.S. Marshals Service will be unable to transport Weigand to New York by plane by October 9, then the U.S. Marshals Service shall so notify the Santa Ana Jail, which shall release Weigand into the custody of the private security guards described above no later than Friday, October 9. The Government is hereby ordered to take all necessary steps to effectuate this release and transfer. SO ORDERED. (Signed by Judge Jed S. Rakoff on 10/5/2020) (lnl) (Entered: 10/06/2020)
113Oct 8, 2020ViewPRB Bond Entered as to Ruben Weigand in amount of $ 3,000,000. (jm) (Main Document 113 replaced on 3/29/2021) (jbo). (Entered: 10/09/2020)
114Oct 9, 2020ViewTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Conference held on 10/2/20 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 10/30/2020. Redacted Transcript Deadline set for 11/9/2020. Release of Transcript Restriction set for 1/7/2021. (McGuirk, Kelly) (Entered: 10/09/2020)
115Oct 9, 2020RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Conference proceeding held on 10/2/20 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: 10/09/2020)
Oct 20, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Ruben Weigand, Hamid Akhavan held on 10/20/2020. A teleconference was held before Judge Rakoff on 0ctober 20, 2020 case, without transcription or recording. Present were counsel for defendant Akhaven: William Anthony Burck, Sara Catherine Clark, Ira Perry Rothken, Christopher Tayback, for defendant Ruben Weigand: Michael Artan, Shriram Harid, Andrew J. Levander, Michael J. Gilbert, for the government: Tara LaMorte, AUSA, Christopher Dimase, AUSA and Nicholas Folly. (ap) (Entered: 10/21/2020)
116Oct 21, 2020RequestNOTICE of Proposed Order Pretrial Deadlines as to Ruben Weigand, Hamid Akhavan (La Morte, Tara) (Entered: 10/21/2020)
117Oct 22, 2020RequestORDER as to Ruben Weigand: IT IS HEREBY ORDERED that the following schedule shall apply: 11/3/2020 : Government and defendants serve respective expert notice; Government serves witness and exhibit lists, and 3500 materials; 11/10/2020: Government serves Rule 404(b) notice; Government and defendants simultaneously file motions in limine; defendants serve respective witness and exhibit lists, and 3500 materials; 11/17/2020: Government and defendants serve any supplemental expert notice; 11/20/2020: Government and defendants simultaneously file responses to motions in limine; defendants serve any opposition to Rule 404(b) notice. There will be a final pretrial conference on 11/25/2020 at 11:00 a.m. (Motions due by 11/10/2020. Responses due by 11/24/2020. Pretrial Conference set for 11/25/2020 at 11:00 AM before Judge Jed S. Rakoff) (Signed by Judge Jed S. Rakoff on 10/21/2020) (ap) (Entered: 10/22/2020)
118Nov 4, 2020ViewPROTECTIVE ORDER as to Ruben Weigand, Hamid Akhavan...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Jed S. Rakoff on 11/4/20)(jw) (Entered: 11/04/2020)
Nov 6, 2020MEMORANDUM TO THE DOCKET CLERK as to Hamid Akhavan. There will be a hearing on conditions of pretrial release as to defendant Akhavan at 4pm on Monday, November 9. The public will be able to join through a dial-in, to be provided. (jw) (Entered: 11/06/2020)
Nov 24, 2020MEMORANDUM TO THE DOCKET CLERK: as to Ruben Weigand, Hamid Akhavan. The Final Pretrial Conference is canceled. There will be a Curcio hearing for defendant Weigand on Nov. 30 at 3pm, in-court. (ap) (Entered: 11/24/2020)
Nov 24, 2020Set/Reset Hearings as to Ruben Weigand, Hamid Akhavan: (Curcio Hearing set for 11/30/2020 at 03:00 PM before Judge Jed S. Rakoff) (ap) (Entered: 11/24/2020)
Nov 24, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff:Status Conference/Teleconference as to Ruben Weigand, Hamid Akhavan held on 11/24/2020 without transcription or recording. Present were counsel for all parties. The jury trial set to begin December 1, 2020, is adjourned pending further order of the Court. The Curcio hearing as to defendant Weigand scheduled for 3 pm on November 30 will take place by videoconference. Members of the public may listen in by dialing (866) 205-5379 and using access code 1791394745. (jw) (Entered: 11/30/2020)
Nov 25, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Hamid Akhavan held on 11/25/2020. On November 25, 2020, there was a teleconference in this case as to defendant Akhavan, without transcription or recording. Present were counsel for the Government and for defendant Akhavan. By December 1, counsel shall file letter briefs regarding the Court's authority (or lack thereof) to issue a writ compelling Akhavan's transfer into federal custody pending trial, without compelling his immediate transportation to S.D.N.Y. (ap) (Entered: 12/01/2020)
Nov 30, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Ruben Weigand held on 11/30/2020. On November 30, 2020, there was a teleconference in this case as to defendant Weigand, without transcription or recording. Present were counsel for the Government and for defendant Weigand. Weigand's application to move to a different address is granted. All conditions of pretrial release otherwise remain in full force and effect. (ap) (Entered: 12/01/2020)
Nov 30, 2020Minute Entry for proceedings held before Judge Jed S. Rakoff: (Webex Video) Curcio Hearing as to Ruben Weigand held on 11/30/2020. Present were deft Weigand and his counsel Michael Gilbert, Shriram Harid, and Michael Artan, AUSA's Nicholas Folly and Tara LaMorte for the government, court reporte4r Jennifer Thun. Court's decision: Any conflict that might exist for attorney Harid is entirely waivable. Deft so waives. (jbo) (Entered: 12/02/2020)
119Dec 1, 2020RequestNOTICE of of Filing of Letter Regarding Writ as to Hamid Akhavan (Burck, William) (Entered: 12/01/2020)
120Dec 1, 2020RequestSEALED DOCUMENT placed in vault. (jus) (Entered: 12/01/2020)
121Dec 1, 2020RequestSEALED DOCUMENT placed in vault. (jus) (Entered: 12/01/2020)
122Dec 1, 2020RequestNOTICE of Filing of Letter as to Hamid Akhavan (Folly, Nicholas) (Entered: 12/01/2020)
123Dec 1, 2020RequestNOTICE of Filing of Letter re: Exclusion of Time as to Ruben Weigand, Hamid Akhavan (Folly, Nicholas) (Entered: 12/01/2020)
124Dec 2, 2020RequestMEMO ENDORSEMENT as to Ruben Weigand, Hamid Akhavan on re: 123 NOTICE of Filing of Letter re: Exclusion of Time. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/1/2020) (ap) (Entered: 12/02/2020)
125Dec 2, 2020RequestNOTICE of Filing Letter re: Speedy Trial Act as to Ruben Weigand (Gilbert, Michael) (Entered: 12/02/2020)
126Dec 14, 2020RequestPROTECTIVE ORDER as to Ruben Weigand, Hamid Akhavan...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 12/14/2020) (ap) (Entered: 12/14/2020)
127Dec 23, 2020RequestORDER as to Hamid Akhavan: As to defendant Hamid Akhavan, the Clerk of Court is hereby directed to receive the moneys paid in the Central District of California into the Courts registry until further Order of the Court. (Signed by Judge Jed S. Rakoff on 12/23/2020) (Forwarded to finance unit via email on 12/23/2020) (ap) (Entered: 12/23/2020)
Dec 30, 2020Arrest of Hamid Akhavan (2). (bw) (Entered: 01/07/2021)
Jan 6, 2021MEMORANDUM TO THE DOCKET CLERK as to Ruben Weigand. January 7, 2021 at 3pm, Judge Rakoff will hear a telephonic scheduling conference. The public may listen in by dialing 888-363-4735 USA toll-free, 215-446-3657 international caller paid, access code 1086415 (jw) (Entered: 01/06/2021)
Jan 6, 2021Set/Reset Deadlines/Hearings as to Ruben Weigand: Telephonic Status Conference set for 1/7/2021 at 03:00 PM before Judge Jed S. Rakoff (jw) (Entered: 01/06/2021)
128Jan 7, 2021RequestMinute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Status Conference as to (20-Cr-188-2) Hamid Akhavan held on 1/7/2021. Date of Arrest: 12/30/2020, on writ. AUSA Tara Lamorte. Defense Counsel Christopher Tayback (Retained). Proceeding: Violations of pretrial conditions. BAIL DISPOSITION: Detention on consent without prejudice. ADDITIONAL PROCEEDINGS: Conference before District Judge on 1/7/2021. (bw) (Entered: 01/07/2021)
129Jan 7, 2021RequestCONSENT TO PROCEED BY TEL/VIDEO by (20-Cr-188-2) Hamid Akhavan. This proceeding was conducted by reliable videoconferencing technology. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/7/2021) (bw) (Entered: 01/07/2021)
Jan 7, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Status Conference/Telephone as to Ruben Weigand, Hamid Akhavan held on 1/7/2021. Court reporter Martha Martin, for deft Weigand Michael Gilbert, Michael Artan, Shirian Hared, for deft Akhaven Jared Smith, Ira Rothken, William Burke & Christopher Tayback. For the government, AUSAs Christopher DeMase, Nicholas Folly, Tara LaMorte (jw) (Entered: 03/16/2021)
130Jan 14, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Conference held on 1/7/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Martha Martin, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2021. Redacted Transcript Deadline set for 2/16/2021. Release of Transcript Restriction set for 4/14/2021. (McGuirk, Kelly) (Entered: 01/14/2021)
131Jan 14, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Conference proceeding held on 1/7/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 01/14/2021)
Jan 21, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Ruben Weigand held on 1/21/2021. A teleconference was held on January 21, 2021, without transcription or recording, as to defendant Weigand. Present were Tara LaMorte, AUSA, for the Government, and Shriram Harid for Weigand. (ap) (Entered: 01/26/2021)
Feb 2, 2021MEMORANDUM TO THE DOCKET CLERK as to Ruben Weigand. This case is set for a jury trial beginning March 2, 2021. The Court adopts the parties' joint proposed pretrial schedule, as follows. Feb. 16, 2021: Government serves 404(b) notice; all parties file motions in limine. Feb. 23, 2021: defendants serve any opposition to Rule 404(b) notice; all parties file responses to motions in limine; all parties file proposed requests to charge and voir dire (jw) (Entered: 02/02/2021)
Feb 2, 2021Set/Reset Deadlines/Hearings as to Ruben Weigand: Motions in Limine due by 2/16/2021. Defendants Opposition due by 2/23/2021 (jw) (Entered: 02/02/2021)
Feb 2, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Pretrial Conference as to Ruben Weigand, Hamid Akhavan held on 2/2/2021. On Tuesday, Feb. 2, there was a teleconference, without transcription or recording. Present were counsel for all parties. (lnl) (Entered: 02/04/2021)
132Feb 3, 2021RequestMOTION for Mari F. Henderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23808283. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hamid Akhavan. (Attachments: # 1 Affidavit Affidavit, # 2 Exhibit COGS, # 3 Text of Proposed Order Proposed Order)(Henderson, Mari) (Entered: 02/03/2021)
Feb 3, 2021>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 132 MOTION for Mari F. Henderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23808283. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 02/03/2021)
Feb 4, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff on 2/4/21, there was a teleconference, without transcription or recording. Present were Matt Lindenbaum and Rob Lindholm for third party Circle Internet Financial; Michael Gilbert, Shriram Harid, and Michael Artan for Ruben Weigand; and Tara LaMorte and Nicholas Folly, AUSAs, for the Government. Court's decision: Circle Internet Financial may file a motion to quash by Friday, February 5. Weigand may file a response by Tuesday, February 9. Circle Internet Financial may file a reply by Thursday, February 11. The Government may file a response by Thursday, February 11. If the Government files a response, then either party may file a further reply by Monday, February 15. (jw) (Entered: 02/11/2021)
Feb 5, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: A teleconference was held 2-5-2021, without transcription or recording, as to defendant Akhavan. Present were counsel for the Government and for Akhavan. A hearing regarding Akhavans alleged violations of conditions of pretrial release is scheduled for February 10, 2021, at 11 am, by teleconference. The public may listen in by dialing 888-363-4735 USA toll-free, 215-446-3657 international caller paid, access code 1086415. (jw) (Entered: 02/05/2021)
133Feb 5, 2021RequestMOTION for Matthew Lindenbaum to Appear Pro Hac Vice for Non-Party Circle Internet Financial, LLC. Filing fee $ 200.00, receipt number NYSDC-23843374. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ruben Weigand as to Ruben Weigand, Hamid Akhavan. (Attachments: # 1 Affidavit Affidavit of Matthew Lindenbaum, # 2 Certificates of Good Standing, # 3 Proposed)(Lindenbaum, Matthew) (Entered: 02/05/2021)
134Feb 5, 2021RequestNOTICE OF ATTORNEY APPEARANCE Emily Sarah Deininger appearing for USA. (Deininger, Emily) (Entered: 02/05/2021)
135Feb 5, 2021RequestMOTION in Limine Admit Business Records Based on Rule 902(11) Declarations. Document filed by USA as to Ruben Weigand, Hamid Akhavan. (Deininger, Emily) (Entered: 02/05/2021)
136Feb 5, 2021RequestNOTICE of Letter re Pretrial Release as to Hamid Akhavan (Attachments: # 1 Exhibit Letter Requesting Pretrial Release)(Clark, Sara) (Entered: 02/05/2021)
137Feb 5, 2021RequestNOTICE of Notice of Motion to Quash as to Ruben Weigand, Hamid Akhavan (Attachments: # 1 Non-Party Circle Internet Financial, LLC's Memorandum of Law in Support of Its Motion to Quash Defendant Ruben Weigand's Subpoena Duces Tecum, # 2 Exhibit A - Subppoena, # 3 Exhibit B - Affidavit, # 4 Exhibit C - Superseding Indictment)(Lindenbaum, Matthew) (Entered: 02/05/2021)
138Feb 5, 2021RequestORDER FOR ADMISSION PRO HAC VICE granting 132 Motion for Mari F. Henderson to Appear Pro Hac Vice as to Hamid Akhavan (2). (Signed by Judge Jed S. Rakoff on 2/5/21) (jbo) (Entered: 02/08/2021)
Feb 7, 2021>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 133 MOTION for Matthew Lindenbaum to Appear Pro Hac Vice for Non-Party Circle Internet Financial, LLC. Filing fee $ 200.00, receipt number ANYSDC-23843374. Motion and supporting papers to be reviewed by Clerk's Offic. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 02/07/2021)
Feb 8, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff on 2/8/2021, there was a teleconference, without transcription or recording. Present were Matthew Lindenbaum for Circle Internet Financial, Shriram Harid for Weigand, and Ira Rothken and Sara Clark for Akhavan. Court's decision: Akhavan may respond to Circle Internet Financial's motion to quash on the same schedule as Weigand. (jw) (Entered: 02/11/2021)
139Feb 9, 2021RequestMEMORANDUM OF LAW in Opposition by Hamid Akhavan re: 137 Notice (Other), of Motion to Quash. (Clark, Sara) (Entered: 02/09/2021)
140Feb 9, 2021RequestRESPONSE to Motion by Hamid Akhavan re: 135 MOTION in Limine Admit Business Records Based on Rule 902(11) Declarations.. (Clark, Sara) (Entered: 02/09/2021)
141Feb 9, 2021RequestMEMORANDUM OF LAW in Opposition by Ruben Weigand re: 137 Notice (Other), of Motion to Quash as to Ruben Weigand. (Gilbert, Michael) (Entered: 02/09/2021)
142Feb 9, 2021RequestDECLARATION of Lynda Larsen in Opposition as to Ruben Weigand re: 137 Notice (Other),. (Attachments: # 1 Exhibit A., # 2 Exhibit B., # 3 Exhibit C., # 4 Exhibit D., # 5 Exhibit E.)(Gilbert, Michael) (Entered: 02/09/2021)
143Feb 9, 2021ViewRESPONSE in Opposition by Ruben Weigand re: 135 MOTION in Limine Admit Business Records Based on Rule 902(11) Declarations.. (Gilbert, Michael) (Entered: 02/09/2021)
144Feb 9, 2021RequestRESPONSE by USA as to Hamid Akhavan re: 136 Notice (Other) Opposition to Letter re Pretrial Release. (Deininger, Emily) (Entered: 02/09/2021)
Feb 10, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephonic Violation of pretrial supervision as to Hamid Akhavan held on 2/10/2021. On February 10, 2021 a telephonic violation of pretrial supervision hearing was held before Judge Rakoff. Present were Eve Giniger, court reporter, Christopher Tayback, Ira Rothken, Jared Smith, Mari Henderson and Sara Clark for the defendant, AUSAs Nicholas Folly, Emily Deininger, and Tara Lamorte, for the government, and John Moscato, Pretrial Services Officer. The defenses motion for pretrial release is taken under advisement. The jury trial for defendant Akhaven and his co-defendant Weigand is moved to March 1, 2021 at 9:30a.m. (lnl) (Entered: 02/10/2021)
Feb 10, 2021Set/Reset Deadlines/Hearings as to Ruben Weigand, Hamid Akhavan: Jury Trial set for 3/1/2021 at 09:30 AM before Judge Jed S. Rakoff. (lnl) (Entered: 02/11/2021)
Feb 10, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Teleconference held on 2/10/2021, without transcription or recording. Present were counsel for all parties. Court's decision: The Government's application to file a short reply in support of its motion in limine, ECF No. 135 is granted. (jw) (Entered: 02/11/2021)
145Feb 11, 2021RequestORDER FOR ADMISSION PRO HAC VICE 133 Motion for Matthew G. Lindenbaum to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant's motion is granted and that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Jed S. Rakoff on 2/11/21) (jw) (Entered: 02/11/2021)
146Feb 11, 2021RequestSDNY Screening Instructions for Weigand (jw) (Entered: 02/11/2021)
Feb 11, 2021MEMORANDUM TO THE DOCKET CLERK as to Ruben Weigand, Hamid Akhavan. On February 19 at 5pm, Judge Rakoff will have a waiver of indictment, arraignment, and plea proceeding for a defendant, James Patterson, that the Government plans to add to this case. The proceeding will take place by Skype and dial in information for the public will be added to the docket on a date closer to the proceeding. (jw) (Entered: 02/11/2021)
147Feb 11, 2021RequestMEMORANDUM OF LAW in Support by USA as to Ruben Weigand, Hamid Akhavan re: 137 Notice (Other), Government's Memorandum of Law in Support of Circle's Motion to Quash. (La Morte, Tara) (Entered: 02/11/2021)
148Feb 11, 2021RequestREPLY MEMORANDUM OF LAW in Support by USA as to Ruben Weigand, Hamid Akhavan re: 135 MOTION in Limine Admit Business Records Based on Rule 902(11) Declarations. . (Deininger, Emily) (Entered: 02/11/2021)
149Feb 11, 2021RequestNOTICE of Non-Party Circle Financial LLC's Reply to Defendants Hamid Akhavan and Ruben Weigand's Opposition to Circle Financial LLC's Motion to Quash as to Ruben Weigand, Hamid Akhavan re: 137 Notice (Other),. (Lindenbaum, Matthew) (Entered: 02/11/2021)
150Feb 12, 2021ViewMEMORANDUM ORDER as to Hamid Akhavan. The Court hereby orders that, once all custodial holds are lifted (including any imposed by the California state authorities), Akhavan shall be released pending trial on the following conditions: 1. All conditions of pretrial release in effect prior to Akhavan's arrest in November 2020 remain in effect. (Signed by Judge Jed S. Rakoff on 2/12/2021) (See ORDER set forth) (ap) (Entered: 02/12/2021)
151Feb 14, 2021RequestORDER as to Ruben Weigand, Hamid Akhavan: For the foregoing reasons, the Government's letter motion, ECF No. 135, is granted in part and denied in part without prejudice. The following exhibits are self-authenticating and will not be excluded at trial based on the hearsay rule: GX 2301, 2302, 2303-2308, 2404, 2406, 2420, 2509, 2602-2610, 2702-2704, 2705-2716, 2717, 3002, 3003, 3103, 3301, 3402-3404, 3503, 3504, and 4301. All other potential objections are, of course, reserved for trial. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/14/2021) (lnl) (Entered: 02/16/2021)
152Feb 16, 2021RequestMEMORANDUM OF LAW in Opposition by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re: 137 Notice (Other), of Motion to Quash. (Clark, Sara) (Entered: 02/16/2021)
153Feb 16, 2021RequestMEMORANDUM OF LAW in Opposition by Ruben Weigand re: 137 Notice (Other), . (Gilbert, Michael) (Entered: 02/16/2021)
154Feb 16, 2021RequestMOTION in Limine #1. Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan. (Clark, Sara) (Entered: 02/16/2021)
155Feb 16, 2021RequestMEMORANDUM in Support by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re 154 MOTION in Limine #1.. (Clark, Sara) (Entered: 02/16/2021)
156Feb 16, 2021RequestMOTION in Limine #2. Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan. (Clark, Sara) (Entered: 02/16/2021)
157Feb 16, 2021RequestMEMORANDUM in Support by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re 156 MOTION in Limine #2.. (Clark, Sara) (Entered: 02/16/2021)
158Feb 16, 2021RequestMOTION in Limine #3. Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan. (Clark, Sara) (Entered: 02/16/2021)
159Feb 16, 2021RequestMEMORANDUM in Support by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re 158 MOTION in Limine #3.. (Attachments: # 1 Exhibit)(Clark, Sara) (Entered: 02/16/2021)
160Feb 16, 2021RequestMOTION in Limine #4. Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan. (Clark, Sara) (Entered: 02/16/2021)
161Feb 16, 2021RequestMEMORANDUM in Support by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re 160 MOTION in Limine #4.. (Clark, Sara) (Entered: 02/16/2021)
162Feb 16, 2021RequestMOTION in Limine #5. Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan. (Clark, Sara) (Entered: 02/16/2021)
163Feb 16, 2021RequestMEMORANDUM in Support by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re 162 MOTION in Limine #5.. (Clark, Sara) (Entered: 02/16/2021)
164Feb 16, 2021RequestMOTION in Limine #6. Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan. (Clark, Sara) (Entered: 02/16/2021)
165Feb 16, 2021RequestMEMORANDUM in Support by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re 164 MOTION in Limine #6.. (Clark, Sara) (Entered: 02/16/2021)
166Feb 16, 2021RequestMOTION in Limine #7. Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan. (Clark, Sara) (Entered: 02/16/2021)
167Feb 16, 2021RequestMEMORANDUM in Support by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re 166 MOTION in Limine #7.. (Clark, Sara) (Entered: 02/16/2021)
168Feb 16, 2021RequestMOTION in Limine . Document filed by USA as to Ruben Weigand, Hamid Akhavan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(La Morte, Tara) (Entered: 02/16/2021)
169Feb 16, 2021RequestMOTION in Limine . Document filed by USA as to Ruben Weigand, Hamid Akhavan. (Folly, Nicholas) (Entered: 02/16/2021)
170Feb 16, 2021RequestMOTION in Limine . Document filed by USA as to Ruben Weigand, Hamid Akhavan. (Folly, Nicholas) (Entered: 02/16/2021)
171Feb 16, 2021RequestMOTION in Limine . Document filed by Ruben Weigand. (Gilbert, Michael) (Entered: 02/16/2021)
172Feb 16, 2021RequestMEMORANDUM in Support by Ruben Weigand re 171 MOTION in Limine .. (Gilbert, Michael) (Entered: 02/16/2021)
173Feb 16, 2021RequestDECLARATION of Michael J. Gilbert in Support as to Ruben Weigand re: 171 MOTION in Limine .. (Attachments: # 1 Appendix, # 2 Exhibit 1 to Appendix, # 3 Exhibit 2 to Appendix, # 4 Exhibit 22 to Appendix, # 5 Exhibit 23 to Appendix, # 6 Exhibit 28 to Appendix)(Gilbert, Michael) (Entered: 02/16/2021)
Feb 16, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Ruben Weigand, Hamid Akhavan held on 2/16/2021. A teleconference was held on February 16, 2021, without transcription or recording. Present were counsel for all parties. Court's decision: Defendants' application to file their motions in limine under seal with redacted copies for the public record is granted. (bw) (Entered: 02/19/2021)
174Feb 17, 2021ViewNOTICE of Letter-Motion to Allow Video Testimony of Martin Elliott as to Ruben Weigand, Hamid Akhavan (Attachments: # 1 Appendix Government Subpoena to Martin, # 2 Appendix Akhavan Subpoena to Visa, # 3 Appendix Elliott Declaration)(Asner, Marcus) (Entered: 02/17/2021)
Feb 17, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Ruben Weigand, Hamid Akhavan held on 2/17/2021. There was a teleconference on February 17, 2021, without transcription or recording. Present were Marcus Asner, counsel for non-party Martin Elliott, as well as counsel for all parties. Court's decision: By midnight February 18, 2021, Elliott may file a letter brief in support of his motion to offer trial testimony by video. Defendants may respond by letter brief by 5:00 p.m. on February 18, 2021. The Government may file a response by 5:00 p.m. on February 18, 2021, if it takes a position on the motion. The Court will hear oral argument, if necessary, on February 19, 2021 at 11:45 am by teleconference. The public may listen by dialing 888-363-4735 USA toll free, 215-46-3657 international caller paid, access code 1086415. (bw) (Entered: 02/19/2021)
Feb 17, 2021ORAL ORDER as to Ruben Weigand, Hamid Akhavan. Telephone Conference set for 2/19/2021 at 11:45 AM before Judge Jed S. Rakoff. (bw) (Entered: 02/19/2021)
175Feb 18, 2021RequestMEMORANDUM OF LAW in Opposition by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re: 174 Notice (Other), . (Clark, Sara) (Entered: 02/18/2021)
176Feb 18, 2021RequestNOTICE of filing of joinder to arguments set forth in the opposition to Visa's application to permit Martin Elliot to testify remotely filed today by Defendant Hamid Ray Akhavan. See ECF No. 175 as to Ruben Weigand (Attachments: # 1 Letter)(Gilbert, Michael) (Entered: 02/18/2021)
Feb 18, 2021MEMORANDUM TO THE DOCKET CLERK as to James Patterson. The Skype plea on February 19, 2021 at 5:00pm may be listened to by the public using the dial-in: 19179332166; Conference ID: 964200457 (jw) (Entered: 03/04/2021)
Feb 19, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Status Conference as to Ruben Weigand, Hamid Akhavan held on 2/19/2021. On Feb. 19 2021 at 11:45am argument was heard on non-party Martin Elliott, to offer trial testimony by video. Present were Marcus Asner, counsel for non-party Martin Elliott, Tara LaMorte, AUSA for the government and counsel for both defendants, and court reporter Jennifer Thune. Court's decision - non-party Martin Elliott's motion is granted. (bw) (Entered: 02/19/2021)
199Feb 19, 2021ViewS(4) INFORMATION (Felony) filed as to James Patterson (3) count(s) 1. (jm) (Entered: 02/26/2021)
200Feb 19, 2021ViewWAIVER OF INDICTMENT by James Patterson. (jm) (Entered: 02/26/2021)
201Feb 19, 2021ViewWaiver of Right to be Present at Criminal Proceeding. as to James Patterson. (jm) (Entered: 02/26/2021)
Feb 19, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Arraignment via telephone as to James Patterson (3) Count 1 held on 2/19/2021. Present were court reporter Jennifer Thune, AUSA Christopher DiMasse for the government, the defendant and his counsel, Emily Schulman. The defendant waives his right to prosecution by indictment and is arraigned on the S4 information, pleads guilty as charged. SENS 2/22/2022 at 4:00pm, PSI ref to Probation. The deft's bail is cont'd. (jbo) (Entered: 03/26/2021)
Feb 19, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Plea entered by James Patterson (3) Guilty as to Count 1. (jbo) (Entered: 03/26/2021)
Feb 19, 2021Set/Reset Hearings as to James Patterson: Sentencing set for 2/22/2022 at 04:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 03/26/2021)
Feb 19, 2021Order of Referral to Probation for Presentence Investigation and Report as to James Patterson. (Signed by Judge Jed S. Rakoff on 2/19/21)(jbo) (Entered: 03/26/2021)
177Feb 20, 2021RequestMEMORANDUM ORDER as to Hamid Akhavan. On February 5, 2021, with Court authorization, third party Circle Internet Financial LLC ("Circle") moved to quash a subpoena issued by defendant Ruben Weigand pursuant to Federal Rule of Criminal Procedure 17(c). That motion is now fully briefed. For the reasons that follow, the motion is granted in part and denied in part. For these reasons, Circle's motion to quash the subpoena is granted in part and denied in part (Signed by Judge Jed S. Rakoff on 2/20/21)(jw) (Entered: 02/22/2021)
178Feb 22, 2021RequestORDER as to Ruben Weigand. IT IS HEREBY ORDERED that the Court authorizes defendant Weigands limited travel, under the supervision of armed security at all times, to a specific retail store or purveyor of clothing in preparation for forthcoming court proceedings. SO ORDERED (Signed by Judge Jed S. Rakoff on 2/22/21)(jw) (Entered: 02/22/2021)
179Feb 22, 2021RequestORDER PERMITTING ENTRY INTO THE COURTHOUSE as to Hamid Akhavan. IT IS HEREBY ORDERED that Defendant Akhavan is permitted to enter the courthouse for the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York 10007 for any pretrial hearings and to attend trial in the above captioned case, notwithstanding his recent release from a federal detention facility, and provided that Mr. Akhavan complies fully with the conditions outlined in the Courts memorandum order of February 12, 2021 in the above-captioned case, including that he obtain an approved SARS-CoV-2 test on the fifth day, after quarantining for four days. ECF No. 150, at 911. This order permits Mr. Akhavan to enter the courthouse as a specific exception to Chief Judge McMahons Second Amended Standing Order, which otherwise prohibits entry by [p]ersons who have been released from a federal... prison or other correctional institution within the last 14 days... "21-mc-164 (CM), ECF No. 3, at 2. This order is entered so that Mr. Akhavan may appear at his trial and any related proceedings at which he has a right to be present. SO ORDERED (Signed by Judge Jed S. Rakoff on 2/22/21)(jw) (Entered: 02/22/2021)
Feb 22, 2021REMARK as to Ruben Weigand, Hamid Akhavan: There will be Curcio hearings as to defendants Akhavan and Weigand at 9:00 am on Monday, March 1 in Courtroom 26B. (jbo) (Entered: 02/22/2021)
Feb 22, 2021Set/Reset Hearings as to Ruben Weigand, Hamid Akhavan: Curcio Hearing set for 3/1/2021 at 09:00 AM before Judge Jed S. Rakoff. (jbo) (Entered: 02/22/2021)
Feb 22, 2021REMARK as to Ruben Weigand, Hamid Akhavan: The criminal jury trial as to defendants Weigand and Akhavan will begin Monday, March 1, 2021 at approximately 9:30 am. The proceedings will be open to the public. Jury selection will take place in the jury assembly room at the Daniel Patrick Moynihan Courthouse, 500 Pearl Street. All other proceedings will take place in courtroom 26B. A video feed of the proceedings in courtroom 26B will be available in an overflow room, courtroom 14B. Members of the public may listen in to the proceedings in courtroom 26B by dialing 888-363-4735 USA toll free, 215-446-3657 international caller paid, access code 1086415. Members of the public who use this dial-in information must mute themselves for the duration of the proceeding. (jbo) Modified on 3/1/2021 (lnl). (Entered: 02/22/2021)
Feb 22, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Pretrial Conference as to Ruben Weigand held on 2/22/2021. On February 22, there was a teleconference as to defendant Weigand, without transcription or recording. Present were counsel for the Government, counsel for defendant Weigand, and counsel for defendant Akhavan. Court's decision: Weigand may file a motion to dismiss the indictment under the Speedy Trial Act by Feb. 23. The Government's opposition is due Feb. 25. A reply brief may be filed by Feb. 26. (lnl) (Entered: 02/23/2021)
Feb 22, 2021Set/Reset Deadlines/Hearings as to Ruben Weigand: Motions due by 2/23/2021. Responses due by 2/25/2021. Replies due by 2/26/2021. (lnl) (Entered: 02/23/2021)
Feb 22, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Pretrial Conference as to Ruben Weigand, Hamid Akhavan held on 2/22/2021. There was a teleconference on February 22, without transcription or recording. Present were Tara LaMorte, Emily Deininger, Nicholas Folly, AUSAs, for the Government; Marcus Asner, David Russell, and Emily Schier for third parties Visa and Martin Elliott; Michael Gilbert and Shriram Harid for defendant Ruben Weigand; and Bill Burke, ChristopherTayback, Sarah Clarke, Mari Henderson, Ira Rothken, and Jared Smith for defendant Hamid "Ray" Akhavan. (lnl) (Entered: 02/23/2021)
180Feb 23, 2021ViewMEMORANDUM in Opposition by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re 168 MOTION in Limine .. (Clark, Sara) (Entered: 02/23/2021)
181Feb 23, 2021ViewMEMORANDUM in Opposition by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re 170 MOTION in Limine .. (Clark, Sara) (Entered: 02/23/2021)
182Feb 23, 2021ViewRequest To Charge by Ruben Weigand, Hamid Akhavan. (Attachments: # 1 Exhibit A)(Clark, Sara) (Entered: 02/23/2021)
183Feb 23, 2021RequestMOTION to Dismiss on Speedy Trial . Document filed by Ruben Weigand. (Gilbert, Michael) (Entered: 02/23/2021)
184Feb 23, 2021RequestMEMORANDUM in Support by Ruben Weigand re 183 MOTION to Dismiss on Speedy Trial .. (Gilbert, Michael) (Entered: 02/23/2021)
185Feb 23, 2021RequestMEMORANDUM in Opposition by Ruben Weigand re 170 MOTION in Limine ., 168 MOTION in Limine .. (Gilbert, Michael) (Entered: 02/23/2021)
186Feb 23, 2021RequestDECLARATION of Michael J. Gilbert in Opposition as to Ruben Weigand re: 170 MOTION in Limine ., 168 MOTION in Limine .. (Attachments: # 1 Exhibit A., # 2 Exhibit B., # 3 Exhibit C.)(Gilbert, Michael) (Entered: 02/23/2021)
187Feb 23, 2021ViewProposed Voir Dire Questions by Ruben Weigand. (Gilbert, Michael) (Entered: 02/23/2021)
188Feb 23, 2021ViewTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Conference held on 2/19/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/16/2021. Redacted Transcript Deadline set for 3/26/2021. Release of Transcript Restriction set for 5/24/2021. (McGuirk, Kelly) (Entered: 02/23/2021)
189Feb 23, 2021ViewNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Conference proceeding held on 2/19/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 02/23/2021)
190Feb 23, 2021RequestPROPOSED EXAMINATION OF JURORS by USA as to Ruben Weigand, Hamid Akhavan. (Folly, Nicholas) (Entered: 02/23/2021)
191Feb 23, 2021RequestRequest To Charge by USA as to Ruben Weigand, Hamid Akhavan. (Deininger, Emily) (Entered: 02/23/2021)
192Feb 23, 2021RequestMEMORANDUM in Opposition by USA as to Ruben Weigand, Hamid Akhavan re 162 MOTION in Limine #5., 154 MOTION in Limine #1., 166 MOTION in Limine #7., 160 MOTION in Limine #4., 164 MOTION in Limine #6., 156 MOTION in Limine #2., 171 MOTION in Limine ., 158 MOTION in Limine #3.. Government's Omnibus Opposition to Defendants' Motions in Limine (La Morte, Tara) (Entered: 02/23/2021)
Feb 24, 2021MEMORANDUM TO THE DOCKET CLERK as to Ruben Weigand, Hamid Akhavan. A Curcio hearing will begin at 9:00am, Monday March 1, 2021 in Courtroom 26B (jw) (Entered: 02/24/2021)
Feb 24, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Telephone Conference as to Ruben Weigand, Hamid Akhavan held on 2/24/2021 without transcription or recording. Present were counsel for the Government, defendants Weiganda and Akhavan, and third parties Visa and Martin Elliott. (jw) (Entered: 02/25/2021)
Feb 24, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Status Conference/Teleconference as to Hamid Akhavan held on 2/24/2021 without transcription or recording, as to defendant Akhavan. Present were Sara Clarke, Chris Tayback, Mari Henderson, Ira Rothken, and Jared Smith for Akhavan and Justin Goodyear, Brian Smith, and Kevin Gallagher for third parties Rosemary Stack and Michael Farrell. Courts decision: Stack and Farrell's application for leave to file a motion to quash is granted. The motion shall be filed by Thursday, February 25, Akhavan's opposition by Friday, February 26, and a reply brief, if any, by Sunday, February 28. ( Brief due by 2/28/2021., Motions due by 2/25/2021., Defendant Opposition is due by 2/26/2021) (jw) (Entered: 02/25/2021)
Feb 24, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcript or recording as to Hamid Akhavan held on 2/24/2021. Present were Sara Clarke, Chris Tayback, Mari Henderson, Ira Rothken, and Jared Smith for Akhavan and Justin Goodyear, Brian Smith, and Kevin Gallagher for third parties Rosemary Stack and Michael Farrell. Court's decision: Stack and Farrell's application for leave to file a motion to quash is granted. The motion shall be filed by Thursday, February 25, Akhavan's opposition by Friday, February 26, and a reply brief, if any, by Sunday, February 28. (jbo) (Entered: 02/26/2021)
193Feb 25, 2021ViewMEMORANDUM ORDER as to Hamid Akhavan. At the request of counsel for defendant Hamid ("Ray") Akhavan, this Court long delayed the transfer of Akhavan from California to New York so that his California-based counsel could have freer access to him while preparing for trial. Based on these conversations, the Court has concluded that Akhavan's further requested accommodation cannot be granted. There is no longer enough time for Akhavan to properly quarantine and test for COVID-19 following his release, without jeopardizing the health and safety of others. must remain in custody at the MCC. The Court expects that the MCC and the U.S. Marshals Service will permit Akhavan's counsel to consult with him regularly before and during trial, and the Court is confident that defense counsel will promptly bring to the Court's attention any unreasonable obstacles counsel encounters in that regard.For the foregoing reasons, the Court hereby rescinds its Memorandum Order, ECF. No. 150, permitting Akhavan's temporary release pending trial, and remands Akhavan to the custody of the U.S. Marshals (Signed by Judge Jed S. Rakoff on 2/25/21)(jw) (Entered: 02/25/2021)
194Feb 25, 2021ViewMEMORANDUM in Opposition by USA as to Ruben Weigand re 183 MOTION to Dismiss on Speedy Trial .. (La Morte, Tara) (Entered: 02/25/2021)
195Feb 25, 2021ViewMEMORANDUM in Opposition by USA as to Ruben Weigand re 183 MOTION to Dismiss on Speedy Trial .. (La Morte, Tara) (Entered: 02/25/2021)
196Feb 26, 2021ViewORDER as to Hamid Akhavan. The Court hereby orders the Metropolitan Correctional Center ("MCC") in New York, New York, to accept clothing for the defendant to use during the pendency of his trial. The Court now orders the MCC to accept up to five sets of clothing, including, but not limited to, five undershirts, five pair socks, two pairs of shoes, five dress shirts, five pairs of suit pants, five suit jackets, five ties, two belts, and five sweaters, and to permit such clothing to be made available to the defendant prior to each court date in this case. In addition, the Court shall permit the defendant to change into business attire daily at the Court prior to each appearance and appear before the jury without restraints during the pendency of his trial. Counsel for the defendant shall deliver a copy of this order to the appropriate personnel at the MCC. (Signed by Judge Jed S. Rakoff on 2/26/21)(jw) (Entered: 02/26/2021)
197Feb 26, 2021RequestJOINT MOTION to Quash and in the Alternative to Allow Testimony by Video. Document filed by Bank of America, N.A., Michael Farrell, Rosemary Stack as to Hamid Akhavan. (Goodyear, Justin) (Entered: 02/26/2021)
198Feb 26, 2021ViewMEMORANDUM in Support by Bank of America, N.A., Michael Farrell, Rosemary Stack as to Hamid Akhavan re 197 JOINT MOTION to Quash and in the Alternative to Allow Testimony by Video.. (Goodyear, Justin) (Entered: 02/26/2021)
Feb 26, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Status Conference/teleconference as to Ruben Weigand held on 2/26/2021 without transcription or recording. Present were Nick Folly and Emily Deininger, AUSAs, for the Government; Sara Clark for Hamid Akhavan; Michael Gilbert and Michael Artan for Ruben Weigand; and Helen Cantwell and Tara Raam for Capital One Bank (USA), N.A., and TD Bank N.A. (jw) (Entered: 02/26/2021)
202Feb 26, 2021ViewMOTION for Emily R. Schulman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24123444. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James Patterson. (Attachments: # 1 Declaration of Emily R. Schulman, # 2 Certificate of Good Standing - MA, # 3 Certificate of Good Standing - DC, # 4 Text of Proposed Order)(Schulman, Emily) (Entered: 02/26/2021)
203Feb 26, 2021ViewNOTICE of Letter to Court as to James Patterson (Dimase, Christopher) (Entered: 02/26/2021)
204Feb 26, 2021ViewREPLY MEMORANDUM OF LAW in Support as to Ruben Weigand re: 183 MOTION to Dismiss on Speedy Trial . . (Gilbert, Michael) (Entered: 02/26/2021)
205Feb 26, 2021RequestMOTION for Brian Westfall McGrail to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24128495. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hamid Akhavan. (Attachments: # 1 Affidavit Affidavit of Brian W. McGrail, # 2 Exhibit Certificate of Goodstanding, # 3 Text of Proposed Order Proposed Order)(McGrail, Brian) (Entered: 02/26/2021)
206Feb 26, 2021RequestRESPONSE in Opposition by Hamid Akhavan re: 197 JOINT MOTION to Quash and in the Alternative to Allow Testimony by Video.. (Clark, Sara) (Entered: 02/26/2021)
207Feb 26, 2021ViewENDORSED LETTER as to James Patterson addressed to Judge Jed S. Rakoff from Christopher DiMase, dated 2/26/2021, re: he parties write jointly with a proposed, agreed upon bail package for the Court's consideration in the above-captioned case. Specifically, the parties request that the Court enter an order containing the following bail conditions as to the defendant. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/26/2021) (lnl) (Entered: 03/01/2021)
208Mar 1, 2021ViewOPINION & ORDER as to Ruben Weigand, Hamid Akhavan; For the foregoing reasons, Weigand's motion to dismiss the indictment on speedy trial grounds, ECF No. 183, is denied, and Visa and Elliotts motion to testify by video, ECF No. 174, is granted. SO ORDERED. (Signed by Judge Jed S. Rakoff on 3/1/2021) (See OPINION & ORDER as set forth) (lnl) (Entered: 03/01/2021)
Mar 1, 2021>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 205 MOTION for Brian Westfall McGrail to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24128495. Motion and supporting papers to be reviewed by Clerk's Office staff., 202 MOTION for Emily R. Schulman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24123444. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 03/01/2021)
209Mar 1, 2021RequestREPLY MEMORANDUM OF LAW in Support by Bank of America, N.A., Michael Farrell, Rosemary Stack as to Hamid Akhavan re: 197 JOINT MOTION to Quash and in the Alternative to Allow Testimony by Video. . (Goodyear, Justin) (Entered: 03/01/2021)
Mar 1, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Voir Dire/ Curcio Hearing held on 3/1/2021 as to Ruben Weigand, Hamid Akhavan. Present for the government: AUSAs Nicholas Folly, Tara La Morte, and Emily Deininger. Present for deft. Weigand: Michael Artan, Morris Fodeman, Katherine McCarthy, Michael Gilbert and Shriram Harid. Present for deft Akhaven: William Burck, Christopher Tayback, Sara Clark, Ira Rothken. Court reporter Rose Prater. 11:00am A jury is empaneled, trial begins. At 4:30pm Court is adjourned until the next day. (jw) (Entered: 03/16/2021)
210Mar 2, 2021RequestProposed Jury Instructions by USA as to Ruben Weigand, Hamid Akhavan, James Patterson. (Attachments: # 1 Exhibit A (Proposed Preliminary Instruction))(Deininger, Emily) (Entered: 03/02/2021)
211Mar 2, 2021RequestProposed Jury Instructions by Ruben Weigand, Hamid Akhavan as to Ruben Weigand, Hamid Akhavan, James Patterson. (Attachments: # 1 Exhibit Proposed Preliminary Instruction)(McGrail, Brian) (Entered: 03/02/2021)
212Mar 2, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan, James Patterson re: Conference held on 2/19/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/23/2021. Redacted Transcript Deadline set for 4/2/2021. Release of Transcript Restriction set for 6/1/2021. (McGuirk, Kelly) (Entered: 03/02/2021)
213Mar 2, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan, James Patterson. Notice is hereby given that an official transcript of a Conference proceeding held on 2/19/21 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: 03/02/2021)
214Mar 2, 2021ViewORDER as to Ruben Weigand, Hamid Akhavan: ORDERED that, pursuant to Title 18, United States Code, Sections 6002 and 6003, TASSONE give testimony and provide other information as to all matters about which he may be questioned in United States v. Hamid Akhavan, et al.; and IT IS FURTHER ORDERED that, pursuant to Title 18, United States Code, Sections 6002 and 6003, no testimony or other information compelled under this Order, or any information directly or indirectly derived from such testimony or other information, may be used against TASSONE in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this Order. This order shall become effective only if after the date of this Order TASSONE refuses to testify or provide other information on the basis of his privilege against self-incrimination. (Signed by Judge Jed S. Rakoff on 3/2/2021) (lnl) (Entered: 03/02/2021)
215Mar 2, 2021ViewMOTION in Limine Preclude Cross-Examination of CW-1 re Weigand's May 2019 Statements. Document filed by USA as to Ruben Weigand, Hamid Akhavan, James Patterson. (Attachments: # 1 Exhibit A)(Deininger, Emily) (Entered: 03/02/2021)
Mar 2, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Pretrial Conference as to Ruben Weigand, Hamid Akhavan held on 3/2/2021. A teleconference was held March 2, 2021, without recording or transcription, regarding defendants Akhavan and Weigand. Present were Brian McGrail, admitted pro hac vice for purposes of the teleconference on behalf of Akhavan; Michael Gilbert on behalf of Weigand; Nick Folly on behalf of the Government; and Helen Cantwell and David Sewell on behalf of TD Bank, N.A (lnl) (Entered: 03/03/2021)
Mar 2, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/2/2021 (jw) (Entered: 03/16/2021)
216Mar 3, 2021ViewORDER as to Ruben Weigand, Hamid Akhavan: For the foregoing reasons, the trial subpoenas directed to Stack and Farrell are modified to require that they appear to testify by two-way video, not in person. The Court will hear oral argument on this motion after Clow's testimony. At that time, the Court will quash the subpoenas unless the defense can identify relevant, admissible, non-cumulative testimony that it seeks from Stack and Farrell. SO ORDERED. (Signed by Judge Jed S. Rakoff on 3/3/2021) (lnl) (Entered: 03/03/2021)
217Mar 3, 2021ViewORDER as to Ruben Weigand, Hamid Akhavan: IT IS HEREBY ORDERED that the Court will permit the witness from Capital One to testify via live two-way video from the Eastern District of Virginia, on the condition that the Court will not take responsibility for setting up the technology, and it will be incumbent on Capital One (USA) N.A. to ensure that the necessary arrangements are made. SO ORDERED. (Signed by Judge Jed S. Rakoff on 3/2/2021) (lnl) (Entered: 03/03/2021)
218Mar 3, 2021RequestRESPONSE in Opposition by Ruben Weigand re: 215 MOTION in Limine Preclude Cross-Examination of CW-1 re Weigand's May 2019 Statements.. (Gilbert, Michael) (Entered: 03/03/2021)
Mar 3, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/3/2021 (jw) (Entered: 03/16/2021)
219Mar 4, 2021RequestORDER as to Ruben Weigand, Hamid Akhavan: IT IS HEREBY ORDERED that the Court will permit the witness from TD Bank to testify via live two-way video from the District of New Jersey, on the condition that the Court will not take responsibility for setting up the technology, and it will be incumbent on TD Bank, N.A. to ensure that the necessary arrangements are made. (Signed by Judge Jed S. Rakoff on 3/4/2021) (ap) (Entered: 03/04/2021)
221Mar 4, 2021RequestORDER FOR ADMISSION PRO HAC VICE granting 205 Motion for Brian W. McGrail to Appear Pro Hac Vice as to Hamid Akhavan (2). (Signed by Judge Jed S. Rakoff on 3/4/2021) (lnl) (Entered: 03/05/2021)
Mar 4, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/4/2021 (jw) (Entered: 03/16/2021)
220Mar 5, 2021RequestORDER FOR ADMISSION PRO HAC VICE granting 202 Motion for Emily R. Schulman to Appear Pro Hac Vice as to James Patterson (3). (Signed by Judge Jed S. Rakoff on 3/4/2021) (lnl) (Entered: 03/05/2021)
223Mar 7, 2021RequestORDER as to Hamid Akhavan. Upon the application of the defendant, Hamid "Ray" Akhavan (Register No. 79407-112), by and through his attorneys, the Court hereby orders the Metropolitan Correctional Center ("MCC") in New York, New York, to permit Mr. Akhavan to meet with his attorneys, including Christopher Tayback, William Burck, and/or Sara Clark on Monday, March 8, 2021, and Tuesday March 9, 2021, from 4:30 PM to 9:00 PM, in order for Mr. Akhavan to prepare for and assist in his defense (Signed by Judge Jed S. Rakoff on 3/7/21)(jw) (Entered: 03/08/2021)
222Mar 8, 2021RequestFILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Exclude . Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan, James Patterson. (Attachments: # 1 Exhibit)(Clark, Sara) Modified on 3/12/2021 (dkc). (Entered: 03/08/2021)
Mar 8, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/8/2021 (jw) (Entered: 03/16/2021)
224Mar 9, 2021RequestMEMORANDUM in Opposition by USA as to Ruben Weigand, Hamid Akhavan, James Patterson re 222 MOTION to Exclude .. (Deininger, Emily) (Entered: 03/09/2021)
Mar 9, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/9/2021 (jw) (Entered: 03/16/2021)
Mar 10, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/10/2021 (jw) (Entered: 03/16/2021)
225Mar 11, 2021RequestNOTICE of Letter re: redacted submissions and trial exhibits as to Ruben Weigand, Hamid Akhavan, James Patterson (Folly, Nicholas) (Entered: 03/11/2021)
Mar 11, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/11/2021 (jw) (Entered: 03/16/2021)
Mar 12, 2021NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Hamid Akhavan: Notice to Attorney Sara Clark to RE-FILE Document 222 MOTION to Exclude .. Use the event type Letter Motion found under the event list Motions. (dkc) (Entered: 03/12/2021)
Mar 12, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/12/2021. Trial continues. At 4:30pm - 5:45pm. The Court holds a hearing regarding the next witnesses (jw) (Entered: 03/16/2021)
226Mar 13, 2021RequestNOTICE of Letter Regarding Expert Testimony as to Ruben Weigand, Hamid Akhavan, James Patterson (Clark, Sara) (Entered: 03/13/2021)
227Mar 13, 2021RequestNOTICE of filing of Letter re: Anticipated Testimony from Defense Expert Witnesses as to Ruben Weigand (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gilbert, Michael) (Entered: 03/13/2021)
228Mar 13, 2021RequestNOTICE of Regarding Documents Discussed During March 12, 2021 Hearing as to Ruben Weigand, Hamid Akhavan, James Patterson (La Morte, Tara) (Entered: 03/13/2021)
229Mar 14, 2021RequestNOTICE of Letter re Anticipated Testimony from Defense Expert Witnesses as to Ruben Weigand, Hamid Akhavan, James Patterson (Deininger, Emily) (Entered: 03/14/2021)
230Mar 14, 2021ViewNOTICE of Letter Reply to Opposition of Expert Testimony by Jeffrey Rankin as to Ruben Weigand, Hamid Akhavan, James Patterson re: 229 Notice (Other). (Clark, Sara) (Entered: 03/14/2021)
231Mar 15, 2021RequestNOTICE of filing of Reply Letter in Response to the Governments March 14, 2021 Letter Opposing Testimony from Weigands Proposed Expert Witnesses as to Ruben Weigand (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gilbert, Michael) (Entered: 03/15/2021)
232Mar 15, 2021RequestORDER as to Ruben Weigand, Hamid Akhavan: The Court hereby orders: 1.The Government must file an unredacted version of ECF No. 224 on the docket by 11:59 p.m. today. 2.When an exhibit is received into evidence at trial in this action, the offering party must make the document accessible to the public and the press by no later than 11:59 p.m. the following day. 1 If the version of the document received into evidence contains redactions, then the version made accessible to the public shall contain the same redactions. 3.Before making an exhibit accessible to the public, the offering party must confer with the other parties regarding any further redactions the parties would like to make, beyond those redactions contained in the version received in evidence. Such further redactions should be clearly distinguishable from the redactions present on the version received in evidence, and the basis for each such further redaction should be stated on the face of the document (e.g., "PIIn for "sensitive personally identifying informationn). 4.All exhibits already in evidence must be made accessible to the public in accordance with the procedure stated immediately above by no later than 11:59 p.m. tomorrow. The Court will issue an opinion explaining the reasons for this ruling in due course. SO ORDERED. (Signed by Judge Jed S. Rakoff on 3/15/2021)(lnl) (Entered: 03/15/2021)
233Mar 15, 2021RequestNOTICE of Letter Responding to Letter Submitted by Matthew Russell Lee of Inner City Press as to Ruben Weigand, Hamid Akhavan, James Patterson (Clark, Sara) (Entered: 03/15/2021)
234Mar 15, 2021RequestNOTICE of Unredacted Memorandum in Opposition by USA as to 222 Motion to Exclude as to Ruben Weigand, Hamid Akhavan, James Patterson (Deininger, Emily) (Entered: 03/15/2021)
Mar 15, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/15/2021 (jw) (Entered: 03/16/2021)
235Mar 16, 2021RequestNOTICE of Letter Responding to Court's March 15, 2021 Request Regarding Materiality as to Ruben Weigand, Hamid Akhavan (La Morte, Tara) (Entered: 03/16/2021)
236Mar 16, 2021ViewNOTICE of of Letter Regarding Materiality as to Ruben Weigand, Hamid Akhavan, James Patterson (Henderson, Mari) (Entered: 03/16/2021)
237Mar 16, 2021RequestNOTICE of Letter Application - Exonerating Bond as to Hamid Akhavan (Henderson, Mari) (Entered: 03/16/2021)
241Mar 16, 2021RequestORDER EXONERATING BOND as to Hamid Akhavan. (Signed by Judge Jed S. Rakoff on 3/16/2021) (See ORDER as set forth) (lnl) (Entered: 03/18/2021)
Mar 16, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/16/2021 (jw) (Entered: 03/22/2021)
238Mar 17, 2021RequestNOTICE of filing of Letter Application for Lynda Larsen to Testify Remotely as to Ruben Weigand (Attachments: # 1 Proposed Order)(Gilbert, Michael) (Entered: 03/17/2021)
239Mar 17, 2021RequestNOTICE of Letter re: preclusion of Circle testimony and evidence as to Ruben Weigand, Hamid Akhavan (Folly, Nicholas) (Entered: 03/17/2021)
240Mar 17, 2021RequestNOTICE of Letter re: HAX 5014 as to Hamid Akhavan (Attachments: # 1 Exhibit Ex. A-C)(Clark, Sara) (Entered: 03/17/2021)
242Mar 17, 2021RequestORDER as to Ruben Weigand: IT IS HEREBY ORDERED that the Court will permit Ms. Larsen to testify via live twoway video, on the condition that the Court will not take responsibility for setting up the technology, and it will be incumbent on the parties to ensure that necessary arrangements are made. SO ORDERED. (Signed by Judge Jed S. Rakoff on 3/17/2021) (lnl) (Entered: 03/18/2021)
243Mar 17, 2021RequestLETTER by Martin Elliott as to Hamid Akhavan addressed to Judge Jed S. Rakoff from Marcus A. Asner dated 3/17/2021, re: Video testimony of Mr. Elliott. Document filed by Martin Elliott. (lnl) (Entered: 03/18/2021)
Mar 17, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/17/2021 (jw) (Entered: 03/22/2021)
244Mar 18, 2021RequestNOTICE OF ATTORNEY APPEARANCE: Amy Elizabeth Lesperance appearing for Ruben Weigand. Appearance Type: Retained. (Lesperance, Amy) (Entered: 03/18/2021)
245Mar 18, 2021RequestNOTICE of of Letter Response Re Circle Witness Testimony as to Ruben Weigand, Hamid Akhavan, James Patterson re: 239 Notice (Other). (Henderson, Mari) (Entered: 03/18/2021)
Mar 18, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/18/2021 (jw) (Entered: 03/22/2021)
Mar 19, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/19/2021. Charge Conference. Trial continues (jw) (Entered: 03/22/2021)
Mar 22, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/22/2021. The parties make their closing statements. At 3:45pm court is adjourned until the next day. (jw) (Entered: 03/24/2021)
Mar 23, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/23/2021. Charge by the Court. Exceptions to the charge. At 10:30 am, after marshal is sworn, the jury retires to deliberate. At 3:00 court is adjourned until the next day. (jw) (Entered: 03/24/2021)
Mar 24, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Jury Trial as to Ruben Weigand, Hamid Akhavan held on 3/24/2021. The jury delivers a verdict as to both defendants guilty as charged. The government's motion for remand as to Weigand is denied. The defenses presentencing motions are due April 21, 2021, government replies are due May 12, 2021, replies May 19, 2021. If argument is necessary the Court will hear the parties on May 26, 2021 at 5:00pm. PSI referral made to Probation. Sentence set for June 25, 2021 at 11:00am for defendant Akhaven and June 25, 2021 at 12:00 noon for Weigand. Defendant Akhaven continued remanded, defendant Weigands bail conditions continued (jw) (Entered: 03/24/2021)
Mar 24, 2021JURY VERDICT as to Ruben Weigand (1) Guilty on Count 1s and Hamid Akhavan (2) Guilty on Count 1s. (jw) (Entered: 03/24/2021)
Mar 24, 2021Set/Reset Deadlines/Hearings as to Ruben Weigand, Hamid Akhavan:Presentencing Motions due by 4/21/2021. Replies due by 5/19/2021. Government reply due by 5/12/2021; Oral Argument set for 5/26/2021 at 05:00 PM before Judge Jed S. Rakoff (jw) (Entered: 03/24/2021)
Mar 24, 2021Set/Reset Deadlines/Hearings as to Hamid Akhavan: Sentencing set for 6/25/2021 at 11:00 AM before Judge Jed S. Rakoff (jw) (Entered: 03/24/2021)
Mar 24, 2021Set/Reset Deadlines/Hearings as to Ruben Weigand: Sentencing set for 6/25/2021 at 12:00 PM before Judge Jed S. Rakoff (jw) (Entered: 03/24/2021)
246Mar 24, 2021ViewTHE COURT'S INSTRUCTIONS OF LAW TO THE JURY as to USA v. Ruben Weigand, Hamid Akhavan. [Court Exhibit 1] (bw) (Entered: 03/24/2021)
Mar 25, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Ruben Weigand, Hamid Akhavan held on 3/25/2021. A teleconference was held March 25, 2021, without transcription or recording, as to defendants Weigand and Akhavan. Present were Nicholas Folly, Tara La Morte, and Emily Deininger, AUSAs, for the Government; Michael Gilbert, Shriram Harid, and Michael Artan for Weigand; and William Burck for Akhavan. Court's decision: the defendants' application to expedite the sentencings to May 2021 is denied. The sentencings are rescheduled to June 18, 2021 at 11:00 a.m. as to defendant Akhavan and June 18, 2021 at 12 noon as to defendant Weigand. (lnl) (Entered: 03/25/2021)
247Mar 26, 2021ViewVerdict as to Ruben Weigand, Hamid Akhavan. (jw) (Entered: 03/26/2021)
248Mar 29, 2021ViewLETTER by Ruben Weigand, Hamid Akhavan addressed to Clerk of Court, Southern District of New York from Jordan Ellison dated 3/25/2021 re: Jordan Ellison writes to request that the Court docket the attached letter/request. (ap) (Entered: 03/29/2021)
Mar 30, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Ruben Weigand, Hamid Akhavan held on 3/30/2021. Present were Nick Folly, AUSA and Emily Deininger, AUSA for the Government, Chris Tayback and Sara Clark for Akhavan, and Michael Artan and Shriram Harid for Weigand. Court's decision: post-trial motions pursuant to Rules 29 and 33 may be filed on or before April 21, 2021. Oppositions are due May 12, replies are due May 19, and oral argument, if necessary, will take place May 26, 2021 at 5:00 pm. (Oral Argument set for 5/26/2021 at 05:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 03/30/2021)
249Mar 31, 2021RequestNOTICE of Response re: Journalist Inquiry as to Ruben Weigand, Hamid Akhavan (Folly, Nicholas) (Entered: 03/31/2021)
250Apr 1, 2021ViewOPINION as to Ruben Weigand, Hamid Akhavan: 1. The Government must file an unredacted version of ECF No. 224 on the docket by 11:59 p.m. today [i.e., March 15]. 2. When an exhibit is received into evidence at trial in this action, the offering party must make the document accessible to the public and the press by no later than 11:59 p.m. the following day.6 If the version of the document received into evidence contains redactions, then the version made accessible to the public shall contain the same redactions. 3. Before making an exhibit accessible to the public, the offering party must confer with the other parties regarding any further redactions the parties would like to make, beyond those redactions contained in the version received in evidence. Such further redactions should be clearly distinguishable from the redactions present on the version received in evidence, and the basis for each such further redaction should be stated on the face of the document (e.g., "PII" for "sensitive personally identifying information"). 4. All exhibits already in evidence must be made accessible to the public in accordance with the procedure stated immediately above by no later than 11:59 p.m. tomorrow [i.e., March 16]. Counsel for all parties subsequently informed the Court that they had complied with this Order. (Signed by Judge Jed S. Rakoff on 4/1/2021) (See OPINION as set forth)(lnl) (Entered: 04/01/2021)
251Apr 1, 2021RequestLETTER as to Ruben Weigand, Hamid Akhavan addressed to Judge Jed S. Rakoff from Matthew Russell Lee, Inner City Press, dated 3/11/2021; re: Press Access to improperly redacted documents & exhibits in US v. Weigand, et al., 20-cr-120 (JSR). (lnl) (Entered: 04/01/2021)
252Apr 1, 2021RequestLETTER as to Ruben Weigand, Hamid Akhavan addressed to Judge Jed S. Rakoff from Matthew Russell Lee, Inner City Press, dated 3/10/2021; re: : Press Access to improperly redacted documents & exhibits in US v. Weigand, et al.,20-cr-120 (JSR). (lnl) (Entered: 04/01/2021)
Apr 1, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Status Conference/Teleconference as to Ruben Weigand held on 4/1/2021, without transcription or recording, as to defendant Weigand. Present were Nick Folly, AUSA, for the Government and Shriram Harid for Weigand. Court's decision: Weigand's unopposed request (1) to permit him rooftop access, under guard, and (2) to permit him to travel to a COVID-19 vaccination site, under guard and in coordination with Pretrial Services, is granted. (jw) (Entered: 04/01/2021)
253Apr 2, 2021RequestSEALED DOCUMENT placed in vault. (nmo) (Entered: 04/02/2021)
254Apr 2, 2021RequestSEALED DOCUMENT placed in vault. (nmo) (Entered: 04/02/2021)
255Apr 2, 2021RequestSEALED DOCUMENT placed in vault. (nmo) (Entered: 04/02/2021)
256Apr 2, 2021ViewLETTER by James Patterson addressed to Judge Jed S. Rakoff from Christopher DiMase et al., dated 2/26/2021, re: The Government writes regarding an error in the cooperation agreement (the "Original Agreement") to which defendant James Patterson pied guilty on February 19, 2021, in the above-captioned case. (lnl) (Entered: 04/02/2021)
257Apr 2, 2021RequestMEMORANDUM ORDER as to Hamid Akhavan. Akhavan's second ex parte request for leave to issue third-party subpoenas is granted in part and denied in part. To avoid disclosing information that could reveal Akhavan' s trial strategy, the Court orders that this order be temporarily sealed. It will be unsealed and docketed following the close of evidence at trial. (Signed by Judge Jed S. Rakoff on 11/9/2020) (See ORDER set forth) (ap) (Entered: 04/05/2021)
Apr 16, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Status Conference/Teleconference as to Ruben Weigand, Hamid Akhavan held on 4/16/2021, without transcription or recording. Present were Tara La Morte, AUSA, for the Government; Christopher Tayback for defendant Akhavan; and Shriram Harid for defendant Weigand. Court's Decision: Akhavan's application for leave to file a thirty-five page brief is granted. (jw) (Entered: 04/19/2021)
258Apr 21, 2021RequestMEMORANDUM OF LAW in Support by Hamid Akhavan . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Clark, Sara) (Entered: 04/21/2021)
259Apr 21, 2021RequestNOTICE of Motion as to Ruben Weigand, Hamid Akhavan, James Patterson re: 258 Memorandum of Law in Support. (Clark, Sara) (Entered: 04/21/2021)
260Apr 21, 2021ViewTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/1/21 before Judge Jed S. Rakoff. 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 deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
261Apr 21, 2021ViewNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/1/21 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: 04/21/2021)
263Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/2/21 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: 04/21/2021)
265Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/3/21 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: 04/21/2021)
267Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/4/21 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: 04/21/2021)
269Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/8/21 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: 04/21/2021)
271Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/9/21 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: 04/21/2021)
272Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/10/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
273Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/10/21 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: 04/21/2021)
275Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/11/21 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: 04/21/2021)
276Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/12/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
277Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/12/21 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: 04/21/2021)
278Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/15/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
279Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/15/21 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: 04/21/2021)
280Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/16/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
281Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/17/21 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: 04/21/2021)
282Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/17/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
283Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/17/21 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: 04/21/2021)
284Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/18/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
285Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/18/21 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: 04/21/2021)
286Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/19/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
287Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/19/21 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: 04/21/2021)
288Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/22/2021 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
289Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/22/21 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: 04/21/2021)
290Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/23/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
291Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/23/21 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: 04/21/2021)
292Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/24/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
293Apr 21, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand, Hamid Akhavan. Notice is hereby given that an official transcript of a Trial proceeding held on 3/24/21 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: 04/21/2021)
294Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/2/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
295Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/3/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
296Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/4/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
297Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/8/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
298Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/9/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
299Apr 21, 2021RequestTRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/11/21 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021. (McGuirk, Kelly) (Entered: 04/21/2021)
300Apr 21, 2021ViewMOTION for Acquittal . Document filed by Ruben Weigand. (Gilbert, Michael) (Entered: 04/21/2021)
301Apr 21, 2021ViewMEMORANDUM in Support by Ruben Weigand re 300 MOTION for Acquittal .. (Gilbert, Michael) (Entered: 04/21/2021)
Apr 21, 2021***DELETED DOCUMENT. Deleted document number 262. "TRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/2/21 before Judge Jed S. Rakoff," as to Ruben Weigand, Hamid Akhavan. The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 4/21/2021 by (McGuirk, Kelly). Court Reporters Office/SDNY requested the deletion of this docket entry on 4/21/2021. ***] (bw) (Entered: 04/22/2021)
Apr 21, 2021***DELETED DOCUMENT. Deleted document number 264. "TRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/3/21 before Judge Jed S. Rakoff," as to Ruben Weigand, Hamid Akhavan. The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 4/21/2021 by (McGuirk, Kelly). Court Reporters Office/SDNY requested the deletion of this docket entry on 4/21/2021. ***] (bw) (Entered: 04/22/2021)
Apr 21, 2021***DELETED DOCUMENT. Deleted document number 266. "TRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/4/21 before Judge Jed S. Rakoff," as to Ruben Weigand, Hamid Akhavan. The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 4/21/2021 by (McGuirk, Kelly). Court Reporters Office/SDNY requested the deletion of this docket entry on 4/21/2021. ***] (bw) (Entered: 04/22/2021)
Apr 21, 2021***DELETED DOCUMENT. Deleted document number 268. "TRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/8/21 before Judge Jed S. Rakoff," as to Ruben Weigand, Hamid Akhavan. The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 4/21/2021 by (McGuirk, Kelly). Court Reporters Office/SDNY requested the deletion of this docket entry on 4/21/2021. ***] (bw) (Entered: 04/22/2021)
Apr 21, 2021***DELETED DOCUMENT. Deleted document number 270. "TRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/9/21 before Judge Jed S. Rakoff," as to Ruben Weigand, Hamid Akhavan. The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 4/21/2021 by (McGuirk, Kelly). Court Reporters Office/SDNY requested the deletion of this docket entry on 4/21/2021. ***] (bw) (Entered: 04/22/2021)
Apr 21, 2021***DELETED DOCUMENT. Deleted document number 274. "TRANSCRIPT of Proceedings as to Ruben Weigand, Hamid Akhavan re: Trial held on 3/11/21 before Judge Jed S. Rakoff," as to Ruben Weigand, Hamid Akhavan. The document was incorrectly filed in this case. [*** NOTE: This document was originally docketed on 4/21/2021 by (McGuirk, Kelly). Court Reporters Office/SDNY requested the deletion of this docket entry on 4/21/2021. ***] (bw) (Entered: 04/22/2021)
302Apr 22, 2021RequestMEMORANDUM in Support by Ruben Weigand re 300 MOTION for Acquittal .. (corrected) (Gilbert, Michael) (Entered: 04/22/2021)
May 10, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Ruben Weigand, Hamid Akhavan held on 5/10/2021. Present were Emily Deininger, AUSA, for the Government; Chris Tayback for Akhavan; and Michael Artan for Weigand. Court's decision: the Government's application for leave to file an overlength brief of 50 pages is granted. (jbo) (Entered: 05/10/2021)
May 12, 2021MEMORANDUM TO THE DOCKET CLERK as to Ruben Weigand: Sentencing is moved to 3:00pm on the same date as previously scheduled, June 18, 2021. (jbo) (Entered: 05/12/2021)
May 12, 2021Set/Reset Hearings as to Ruben Weigand: Sentencing set for 6/18/2021 at 03:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 05/12/2021)
303May 12, 2021RequestMEMORANDUM in Opposition by USA as to Ruben Weigand, Hamid Akhavan, James Patterson re 300 MOTION for Acquittal .. (Deininger, Emily) (Entered: 05/12/2021)
May 18, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Hamid Akhavan held on 5/18/2021. A teleconference was held May 18, 2021, without transcription or recording. Present were Chris Tayback and Sara Clark for Akhavan, Michael Artan for Weigand, and Tara La Morte, AUSA for the Government. Court's decision: Each defendant may file a 15-page reply brief in support of his motion for a judgment of acquittal or in the alternative for a new trial. (lnl) (Entered: 05/18/2021)
304May 19, 2021RequestREPLY MEMORANDUM OF LAW in Support by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan re: 300 MOTION for Acquittal . . (McGrail, Brian) (Entered: 05/19/2021)
305May 19, 2021RequestREPLY MEMORANDUM OF LAW in Support as to Ruben Weigand re: 300 MOTION for Acquittal . . (Gilbert, Michael) (Entered: 05/19/2021)
May 21, 2021MEMORANDUM TO THE DOCKET CLERK as to Hamid Akhavan: The Court finds the defendants' motions for judgment of acquittal or in the alternative for a new trial, ECF Nos. 259, 300, suitable for decision without oral argument. The motions are submitted, and the oral argument scheduled for May 26, 2021 is cancelled. (lnl) (Entered: 05/21/2021)
May 21, 2021Terminate Deadlines and Hearings as to Hamid Akhavan: Oral Argument on 5/26/2021 cancelled. (lnl) (Entered: 05/21/2021)
May 28, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Hamid Akhavan held on 5/28/2021. A teleconference was held May 28, 2021, as to defendant Akhavan, without transcription or recording. Present were Nicholas Folly and Emily Deininger, AUSAs, for the Government; Chris Tayback, Sara Clark, Ira Rothken and Jared Smith for Akhavan; and Michael Gilbert, Michael Artan, and Shriram Harid for defendant Weigand. (ap) (Entered: 05/28/2021)
306Jun 4, 2021RequestRule 5(c)(3) Documents Received as to Hamid Akhavan from the United States District Court - Central District of California. (jm) (Entered: 06/04/2021)
Jun 9, 2021MEMORANDUM TO THE DOCKET CLERK as to Ruben Weigand, Hamid Akhavan: While the sentencing of the these defendants will occur on June 18 in courtroom 14B of the Moynihan Courthouse, there will be an opportunity for the public to listen, should they wish to. The dial in information goes as follows: 888-363-4735, toll free USA; 215-446-3657 caller paid international; access code 1086415. (jbo) (Entered: 06/09/2021)
309Jun 12, 2021ViewSENTENCING SUBMISSION by USA as to Ruben Weigand. (Attachments: # 1 Exhibit A (Consent Proposed Order of Forfeiture))(Deininger, Emily) (Entered: 06/12/2021)
310Jun 12, 2021ViewSENTENCING SUBMISSION by Ruben Weigand. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Gilbert, Michael) (Entered: 06/12/2021)
311Jun 12, 2021ViewSENTENCING SUBMISSION by USA as to Hamid Akhavan. (Folly, Nicholas) (Entered: 06/12/2021)
312Jun 12, 2021ViewSENTENCING SUBMISSION by Hamid Akhavan. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Clark, Sara) (Entered: 06/12/2021)
313Jun 12, 2021ViewSentencing Letter by USA as to Hamid Akhavan addressed to Jed S. Rakoff from Tara M. La Morte dated June 12, 2021 re: Letter in Support of Forfeiture. (Attachments: # 1 Text of Proposed Order Proposed Order of Forfeiture)(La Morte, Tara) (Entered: 06/12/2021)
315Jun 15, 2021ViewORDER as to Ruben Weigand, Hamid Akhavan. U.S.S.G. ?? 2B1.1 Application Note 3(B) provides: "The court shall use the gain that resulted from the offense as an alternative measure of loss only if there is a loss but it reasonably cannot be determined." The parties are directed to address in their papers due tonight whether the Court should apply this application note and, if so, how much each defendant gained from the offense (Signed by Judge Jed S. Rakoff on 6/15/21)(jw) (Entered: 06/15/2021)
316Jun 15, 2021ViewNOTICE of Letter in Response to the Government's Letter dated June 12, 2021 as to Ruben Weigand re: 309 Sentencing Submission. (Gilbert, Michael) (Entered: 06/15/2021)
317Jun 15, 2021ViewMEMORANDUM OF LAW in Opposition by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan, James Patterson re: 313 Letter - Sentencing filed by USA, 311 Sentencing Submission filed by USA . (Clark, Sara) (Entered: 06/15/2021)
318Jun 15, 2021ViewSENTENCING SUBMISSION by USA as to Hamid Akhavan. (Folly, Nicholas) (Entered: 06/15/2021)
319Jun 15, 2021ViewSENTENCING SUBMISSION by USA as to Ruben Weigand. (Deininger, Emily) (Entered: 06/15/2021)
Jun 17, 2021MEMORANDUM TO THE DOCKET CLERK as to Ruben Weigand: The sentencing will still occur on June 18, 2021 in courtroom 14B of the Moynihan courthouse but at 4:00pm. (jbo) (Entered: 06/17/2021)
Jun 17, 2021Set/Reset Hearings as to Ruben Weigand: Sentencing set for 6/18/2021 at 04:00 PM before Judge Jed S. Rakoff. (jbo) (Entered: 06/17/2021)
Jun 17, 2021MEMORANDUM TO THE DOCKET CLERK as to Hamid Akhavan: The sentencing will still occur in courtroom 14B of the Moynihan courthouse but at 3:00pm. (jbo) (Entered: 06/17/2021)
320Jun 17, 2021RequestCONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to Ruben Weigand. (Signed by Judge Jed S. Rakoff on 6/17/2021) (See ORDER set forth. Three certified copies forwarded to AUSA Alexander Wilson via interoffice mail) (ap) (Entered: 06/21/2021)
321Jun 18, 2021RequestORDER as to Ruben Weigand, Hamid Akhavan: The defendants' motions for judgment of acquittal or, in the alternative, for a new trial, ECF Nos. 259 & 300, are denied. The Court will issue an opinion setting forth the reasons for this ruling by July 2, 2021. (Signed by Judge Jed S. Rakoff on 6/18/2021) (ap) (Entered: 06/21/2021)
Jun 18, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Sentencing held on 6/18/2021 for Hamid Akhavan (2) Count 1s. Present were the defendant and his counsel, Christopher Tayback, AUSAs Tara LaMorte, Nicholas Folly and Christopher DiMase for the government, and a court reporter. On Count 1 : 30 months jail, remanded, 3 years SR, $100 assess, $100,000.00 fine, $103,750 forfeiture. Dismiss all underlying indictments/information. (jw) (Entered: 09/02/2021)
Jun 22, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Ruben Weigand, Hamid Akhavan held on 6/22/2021. A teleconference was held 6-22-2021, without transcription or recording in the above-captioned case. Present were Emily Sarah Deininger, AUSA, for the Government, Christopher Tayback and Sara Clark for Mr. Akhavan; and Michael Gilbert and Michael Artan for Mr. Weigand. (lnl) (Entered: 06/23/2021)
322Jun 24, 2021ViewCONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to (S3 20 Cr. 188) Ruben Weigand....[*** See this Consent Preliminary Order of Forfeiture/Money Judgment ***]... IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Audrey Strauss, Acting United States Attorney, Assistant United States Attorneys, Nicholas Folly, Tara La Morte, and Emily Deininger, and the de.fondant, and his counsel, Michael Gilbert, Esq., that: 1. As a result of the offense charged in Count One of the Superseding Indictment, which the defendant was convicted of at trial, a money judgment in the amount of $384,000.00 in United States currency (the "Money Judgment"), representing the Government's estimate of the value of the Forfeitable Property that the defendant personally obtained, shall be entered against the defendant. 2. In the event that the defendant, by the date of his sentencing, pays $300,000.00 toward the Money Judgment, the Government will accept such payment in full satisfaction of the Money Judgment. 3. In the event that the defendant has not satisfied the Money Judgment by the date of his sentencing, the Government may move to satisfy the full amount of the Money Judgment, up to $384,000.00, through the forfeiture of any available property, including any substitute assets. 4. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Consent Preliminary Order of Forfeiture/Money Judgment is final as to the defendant, RUBEN WEIGAND, and shall be deemed part of the sentence of the defendant, and shall be included in the judgment of conviction therewith....[*** See this Consent Preliminary Order of Forfeiture/Money Judgment ***]... 10. The Clerk of the Court shall forward three certified copies of this Consent Preliminary Order of Forfeiture/Money Judgment to Assistant United States Attorney Alexander J. Wilson, Co-Chief of the Money Laundering and Asset Forfeiture Unit, United States Attorney's Office, One St. Andrew's Plaza, New York, New York 10007. 11. The signature page of this Consent Preliminary Order of Forfeiture/Money Judgment may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the and the same instrument. SO ORDERED: (Signed by Judge Jed S. Rakoff on 6/18/2021) [*** NOTE: The Clerk of the Court has forwarded three certified copies of this Consent Preliminary Order of Forfeiture/Money Judgment to AUSA Alexander J. Wilson, via interoffice mail on 6/24/2021. ***] (bw) (Entered: 06/24/2021)
Jun 25, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 6/25/2021 for Ruben Weigand (1) Count 1s. Present were the defendant and his counsel Michael Artan, Shriram Harid and Michael Gilbert, AUSA's Nicholas Folly, Tara LaMorte and Sarah Deininger for the government and a court reporter. SENT: 15 months jail, vol surr 8-2-2021 to the institution. SR 3 years, $100 assess. $300,000 forfeiture, $50,000 fine. Dismiss underlying indictments. (jbo) (Entered: 06/25/2021)
323Jun 25, 2021RequestMOTION to Stay the Forfeiture Order Pending Appeal. Document filed by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan, James Patterson. (Clark, Sara) (Entered: 06/25/2021)
Jun 29, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff:Telephone Conference as to Ruben Weigand held on 6/29/2021, without transcription or recording. Emily Sarah Deininger, AUSA, was present for the government, and Shriram Harid and Michael Artan were present for Mr. Weigand. (jw) (Entered: 07/01/2021)
335Jun 29, 2021RequestNOTICE OF APPEAL by Hamid Akhavan from 321 Order, Terminate Motions. Filing fee $ 505.00, receipt number 465401281978. (tp) (Entered: 07/07/2021)
Jun 30, 2021DISMISSAL OF COUNTS on Government Motion as to Ruben Weigand (1) Count 1. (jw) (Entered: 06/30/2021)
324Jun 30, 2021ViewFILED JUDGMENT IN A CRIMINAL CASE as to Ruben Weigand (1), Count(s) 1 is dismissed on the motion of the US. Found guilty to Count(s) 1s, Imprisonment for a total term of on Count 1: Fifteen (15) Months. Supervised release for a term of Count 1: Three Years. The court makes the following recommendations to the Bureau of Prisons: FCI Lompoc or another facility in southern California. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2pm on 8/2/2021. If the defendant plans to change where he lives or anything about his living arrangements (such as the people he lives with), he must notify the Probation Officer immediately. Special Assessment of $100 which is due immediately. Fine of $50,000.00. The fine shall be paid at the rate of 10% of the defendant's gross monthly income, beginning with the secondmonth of supervised release. (Signed by Judge Jed S. Rakoff on 6/25/21)(jw) (Entered: 06/30/2021)
325Jul 1, 2021ViewAMENDED JUDGMENT IN A CRIMINAL CASE as to Ruben Weigand (1), Count(s) 1 are dismissed on the motion of the US. Found guilty to Count(s) 1s. Imprisonment for a total term of on Count 1: Fifteen (15) Months. The court makes the following recommendations to the Bureau of Prisons: CI Lompoc or Terminal Island or another facility as close as possible to the the Los Angeles metropolitan area. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2pm on 8/2/2021. Special Assessment of $100 which is due immediately (Signed by Judge Jed S. Rakoff on 7/2/21)(jw) (Entered: 07/01/2021)
326Jul 2, 2021ViewTRANSCRIPT of Proceedings as to Hamid Akhavan re: Conference held on 6/18/21 before Judge Jed S. Rakoff. 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 deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/23/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/30/2021. (McGuirk, Kelly) (Entered: 07/02/2021)
327Jul 2, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Hamid Akhavan. Notice is hereby given that an official transcript of a Conference proceeding held on 6/18/21 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: 07/02/2021)
328Jul 2, 2021ViewTRANSCRIPT of Proceedings as to Ruben Weigand re: Conference held on 6/18/21 before Judge Jed S. Rakoff. 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 deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/23/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/30/2021. (McGuirk, Kelly) (Entered: 07/02/2021)
329Jul 2, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ruben Weigand. Notice is hereby given that an official transcript of a Conference proceeding held on 6/18/21 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: 07/02/2021)
330Jul 2, 2021RequestMEMORANDUM in Opposition by USA as to Hamid Akhavan re 323 MOTION to Stay the Forfeiture Order Pending Appeal.. (Attachments: # 1 Exhibit A (Proposed Order of Forfeiture / Money Judgment))(Deininger, Emily) (Entered: 07/02/2021)
331Jul 2, 2021ViewORDER RELEASING PROPERTY as to Hamid Akhavan. (Signed by Judge Jed S. Rakoff on 7/2/2021) (See ORDER as set forth) (lnl) (Entered: 07/02/2021)
332Jul 2, 2021ViewOPINION as to Ruben Weigand, Hamid Akhavan. Hamid "Ray" Akhavan and Ruben Weigand conspired to defraud U.S. banks and credit unions by tricking them into processing more than $150 million of cardholder transactions for marijuana purchased through the marijuana deli very company Eaze when the banks and credit unions had a firm policy of not allowing such transactions. The Court permitted the defense to argue extensively thatbanks profited from the scheme; such evidence was relevant to materiality. What the Court did not permit, and properly so, was an argument that the defendants needed to cause, or to intend, pecuniary harm; that is not an element of bank fraud. For the foregoing reasons, by bottom-line order dated June 18, 2021, the Court denied the defendants' motions for judgment of acquittal or, in the alternative, for a new trial, ECF Nos. 259 & 300. (Signed by Judge Jed S. Rakoff on 7/2/21)(jw) (Entered: 07/02/2021)
Jul 2, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Hamid Akhavan held on 7/2/2021. AUSA Emily Sarah Deininger was present for the government; Sara Clark was present for Mr. Akhavan. (jbo) (Entered: 07/07/2021)
Jul 2, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Ruben Weigand held on 7/2/2021. AUSA Tara LaMorte was present for the government; Michael Artan was present for Mr. Weigand. (jbo) (Entered: 07/09/2021)
333Jul 6, 2021ViewREPLY MEMORANDUM OF LAW in Support as to Hamid Akhavan re: 323 MOTION to Stay the Forfeiture Order Pending Appeal. . (Clark, Sara) (Entered: 07/06/2021)
334Jul 6, 2021ViewSECOND AMENDED JUDGMENT IN A CRIMINAL CASE as to Ruben Weigand (1). The defendant was found guilty after a plea of not guilty. All underlying indictment count are dismissed on the motion of the US; Imprisonment for a total term of on Count 1: Fifteen (15) Months. The court makes the following recommendations to the Bureau of Prisons: Allenwood FCI. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2pm on 8/2/21. Assessment: $100.00. (Signed by Judge Jed S. Rakoff on 7/6/21)(jbo) (Entered: 07/07/2021)
Jul 7, 2021Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Hamid Akhavan to US Court of Appeals re: 335 Notice of Appeal. (tp) (Entered: 07/07/2021)
Jul 7, 2021Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Hamid Akhavan re: 335 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp) (Entered: 07/07/2021)
336Jul 8, 2021RequestORDER as to Hamid Akhavan. The defendant's motion to stay the forfeiture order pending appeal or to reconsider the forfeiture order at an evidentiary hearing is granted in part, insofar as the Court will hold an evidentiary hearing at 10:00 a.m. on August 12, 2021. (Evidentiary Hearing set for 8/12/2021 at 10:00 AM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 7/8/21)(jbo) (Entered: 07/09/2021)
345Jul 9, 2021RequestNOTICE OF APPEAL by Ruben Weigand from 325 Amended Judgment,, 334 Second Amended Judgment,, 332 Memorandum & Opinion,. (nd) (Entered: 07/12/2021)
337Jul 12, 2021RequestSEALED DOCUMENT placed in vault. (nmo) (Entered: 07/12/2021)
338Jul 12, 2021RequestSEALED DOCUMENT placed in vault. (nmo) (Entered: 07/12/2021)
339Jul 12, 2021RequestSEALED DOCUMENT placed in vault. (nmo) (Entered: 07/12/2021)
340Jul 12, 2021RequestSEALED DOCUMENT placed in vault. (nmo) (Entered: 07/12/2021)
341Jul 12, 2021RequestSEALED DOCUMENT placed in vault. (nmo) (Entered: 07/12/2021)
342Jul 12, 2021RequestSEALED DOCUMENT placed in vault. (nmo) (Entered: 07/12/2021)
343Jul 12, 2021RequestSEALED DOCUMENT placed in vault. (nmo) (Entered: 07/12/2021)
344Jul 12, 2021RequestSEALED DOCUMENT placed in vault. (nmo) (Entered: 07/12/2021)
Jul 12, 2021Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ruben Weigand to US Court of Appeals re: 345 Notice of Appeal. (nd) (Entered: 07/12/2021)
Jul 12, 2021Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Ruben Weigand re: 345 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 07/12/2021)
Jul 14, 2021USCA Appeal Fees received $ 505.00, receipt number 465401282689 as to Ruben Weigand on 07/14/2021 re: 345 Notice of Appeal filed by Ruben Weigand. [USCA Case No. 21-1708](nd) (Entered: 07/14/2021)
Aug 5, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Ruben Weigand held on 8/5/2021. AUSA Nicholas Folly was present for the government; Michael Gilbert and Shriram Harid were present for Mr. Weigand. (jbo) (Entered: 08/06/2021)
346Aug 6, 2021RequestORDER as to Ruben Weigand: IT IS HEREBY ORDERED that: Pretrial Services shall promptly release Weigand's passport to his counsel, Michael J. Gilbert; and Weigand' s bail bond and all accompanying conditions shall be exonerated and the $470,000 in cash collateral provided by co-signers shall be released to them. SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/6/2021) (lnl) (Entered: 08/06/2021)
Aug 10, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to Hamid Akhavan held on 8/10/2021. A telephone conference was held August 10, 2021 without transcription or recording. AUSA Tara LaMorte was present for the government; Sara Clark was present for Mr. Akhavan. (bw) (Entered: 08/11/2021)
Aug 11, 2021MEMORANDUM TO THE DOCKET CLERK as to Hamid Akhavan. The dial in for the hearing that will occur on August 12, 2021 at 10:00 am, in courtroom 14B of the Moynihan courthouse, will be 888-363-4735 USA toll free, access code 1086415 (jw) (Entered: 08/12/2021)
Aug 12, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument as to Hamid Akhavan held on 8/12/2021 regarding the issue of forfeiture. Present were AUSA's Christopher Dimase, Nicholas Folly, Tara LaMorte and Emily Deininger for the government, the defendant and his counsel Sara Clark, William Burck and Patrick Pharcao, and court reporter Rebecca Forman. Court's decision The issue is taken under advisement. (jbo) (Entered: 08/12/2021)
Aug 16, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Hamid Akhavan held on 8/16/2021. AUSA Tara LaMorte was present for the government and Sarah Clark was present for Defendant Akhavan. The Court granted defendant's request to file post-forfeiture-hearing summation briefs. The briefing schedule is set as follows: Simultaneous opening briefs, 10 pages double-spaced, are due Thursday, August 19. Simultaneous reply briefs are due Monday, August 23. (Brief due by 8/19/2021. Replies due by 8/23/2021.) (jbo) (Entered: 08/17/2021)
347Aug 19, 2021ViewSENTENCING SUBMISSION by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan, James Patterson. (Burck, William) (Entered: 08/19/2021)
348Aug 19, 2021ViewSENTENCING SUBMISSION by USA as to Hamid Akhavan. (La Morte, Tara) (Entered: 08/19/2021)
349Aug 20, 2021ViewSENTENCING SUBMISSION by USA as to Hamid Akhavan. (La Morte, Tara) (Entered: 08/20/2021)
350Aug 23, 2021ViewRESPONSE by Hamid Akhavan as to Ruben Weigand, Hamid Akhavan, James Patterson re: 348 Sentencing Submission filed by USA . (Clark, Sara) (Entered: 08/23/2021)
351Aug 23, 2021ViewRESPONSE by USA as to Hamid Akhavan re: 347 Sentencing Submission filed by Hamid Akhavan Government's Response to Akhavan's Post-Forfeiture Hearing Submission. (La Morte, Tara) (Entered: 08/23/2021)
352Aug 30, 2021ViewOPINION AND ORDER as to Hamid Akhavan. While the Court thus finds the $17 million forfeiture amount unconstitutionally excessive, the Court must still consider what forfeiture amount would be constitutional. The Court finds that $103,750 -- the value of the Eaze stock option given to Akhavan - - is proportional to the gravity of his offense. DX-2. This amount is a reasonable estimate, given the available information, and roughly equivalent to the amount of the fine the Court imposed. For the foregoing reasons, the Court orders forfeiture in the amount of $103,750. (Signed by Judge Jed S. Rakoff on 8/30/2021) (See ORDER set forth) (ap) (Entered: 08/30/2021)
Sep 1, 2021DISMISSAL OF COUNTS on Government Motion as to Hamid Akhavan (2) Count 1. (jw) (Entered: 09/02/2021)
353Sep 1, 2021ViewFILED JUDGMENT IN A CRIMINAL CASE as to Hamid Akhavan (2), Count(s) 1 is dismissed. Found Guilty to Count(s) 1s, Imprisonment for a total term of on Count 1: Thirty (30) Months. Supervised release for a term of on Count 1: Three Years. The court makes the following recommendations to the Bureau of Prisons: Incarceration in FCI Lompoc. Special Assessment of $100 which is due immediately. Fine of $100,000.00. The fine shall be paid at the rate of 10% of his gross monthly income, beginning with the second month of supervised release. (Signed by Judge Jed S. Rakoff on 8/31/21)(jw) (Entered: 09/02/2021)
354Sep 3, 2021RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Hamid Akhavan. Notice is hereby given that an official transcript of a Conference proceeding held on 8/12/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 09/03/2021)
355Sep 3, 2021RequestTRANSCRIPT of Proceedings as to Hamid Akhavan re: Conference held on 8/12/21 before Judge Jed S. Rakoff. 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 9/24/2021. Redacted Transcript Deadline set for 10/4/2021. Release of Transcript Restriction set for 12/2/2021. (Moya, Goretti) (Entered: 09/03/2021)
356Sep 14, 2021RequestNOTICE OF APPEAL by Hamid Akhavan from 353 Judgment. Filing fee $ 505.00, receipt number 465401285801. (tp) (Entered: 09/14/2021)
Sep 14, 2021Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Hamid Akhavan to US Court of Appeals re: 356 Notice of Appeal - Final Judgment. (tp) (Entered: 09/14/2021)
Sep 14, 2021Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Hamid Akhavan re: 356 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 09/14/2021)
357Sep 16, 2021RequestAMENDED ORDER as to Ruben Weigand: IT IS HEREBY ORDERED that: Pretrial Services shall promptly release Weigand's passport to his counsel, Michael J. Gilbert; and Weigand's bail bond and all accompanying conditions shall be exonerated and the $470,000 in cash collateral provided by co-signers shall be released to them. The Court authorizes the release of the cash collateral to counsel for Weigand, who will promptly arrange for the return of the collateral to each of the co-signers. SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/16/2021) (lnl) (Entered: 09/16/2021)
Sep 16, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to Ruben Weigand held on 9/16/2021. Present were AUSA Emily Deininger for the Government; Michael Gilbert and Shriram Harid for Mr. Weigand, and court Finance Manager Courtney Decasseres. The Court granted the defense request to submit a proposed amended order regarding return of cash collateral to co-signers of Mr. Weigand's bail bond. (jbo) (Entered: 09/20/2021)
Sep 24, 2021CASH BAIL RETURNED as to Ruben Weigand as per 357 Order, dated 9/16/2021, from Judge Jed S. Rakoff, in the amount of $470,000.00, Trace No. 03759307, Check Dated 9/22/2021, payable to Sheppard Mullin Richter & Hampton LLP. (nm) (Entered: 09/24/2021)
358Sep 30, 2021RequestNOTICE OF APPEAL by USA as to Hamid Akhavan from 353 Judgment. (tp) (Entered: 09/30/2021)
Sep 30, 2021Appeal Remark as to Hamid Akhavan re: 358 Notice of Appeal - Final Judgment. $505.00 Appeal Fee Waived. USA filer. (tp) (Entered: 09/30/2021)
Sep 30, 2021Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Hamid Akhavan to US Court of Appeals re: 358 Notice of Appeal - Final Judgment. (tp) (Entered: 09/30/2021)
Sep 30, 2021Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Hamid Akhavan re: 358 Notice of Appeal - Final Judgment were transmitted to the U.S. Court of Appeals. (tp) (Entered: 09/30/2021)
359Oct 8, 2021RequestSATISFACTION OF JUDGMENT as to (20-Cr-188-01) Ruben Weigand re 324 Judgment. Satisfaction is acknowledged between United States of America, plaintiff, and Ruben Weigand, defendant, for the fine/restitution in the amount of $50,000.00 and the special assessment in the amount of $100.00, amounting in all to the sum of $50,100.00. Judgment entered in the Judgment Book of the United States District Court for the Southern District of New York on the 1st day of July, 2021.(bw) (Entered: 10/13/2021)
Dec 8, 2021Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to James Patterson held on 12/8/2021. AUSA Nicholas Folly was present for the Government; Emily Schulman was present for Mr. Patterson. The sentencing proceeding previously scheduled for February 22, 2022 at 4:00 p.m. is hereby rescheduled for March 3, 2022 (03/03/2022) at 4:00 p.m. before Judge Jed S. Rakoff in Courtroom 14B. (Sentencing set for 3/3/2022 at 04:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 12/20/2021)
Feb 11, 2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to James Patterson held on 2/11/2022. AUSA Nicholas Folly was present for the Government; Emily Schulman was present for Mr. Patterson. The sentencing proceeding previously scheduled for March 3, 2022 at 4:00 p.m. is hereby rescheduled for March 11, 2022 (03/11/2022) at 3:00 p.m. before Judge Jed S. Rakoff in Courtroom 14B. (Sentencing set for 3/11/2022 at 03:00 PM before Judge Jed S. Rakoff.) (jbo) (Entered: 02/14/2022)
Mar 1, 2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference without transcription or recording as to James Patterson held on 3/1/2022. AUSA Nicholas Folly was present for the Government; Emily Schulman was present for Mr. Patterson. The Court grants the defense request to extend the page limit for its sentencing submission; the defense may file a sentencing submission that does not exceed 35 pages. The Court also grants the defense request to file a redacted version of its sentencing submission on the public docket and to submit an unredacted version to Chambers to be filed under seal. (jbo) (Entered: 03/02/2022)
361Mar 4, 2022ViewSENTENCING SUBMISSION by James Patterson. (Attachments: # 1 Exhibit A - Filed Under Seal, # 2 Exhibit B - Filed Under Seal, # 3 Exhibit C - Filed Under Seal, # 4 Exhibit D - Filed Under Seal, # 5 Exhibit E - Filed Under Seal, # 6 Exhibit F - Filed Under Seal, # 7 Exhibit G - Filed Under Seal, # 8 Exhibit H- Filed Under Seal, # 9 Exhibit I - Filed Under Seal, # 10 Exhibit J - Filed Under Seal)(Schulman, Emily) (Entered: 03/04/2022)
362Mar 5, 2022RequestSENTENCING SUBMISSION by USA as to James Patterson. (Folly, Nicholas) (Entered: 03/05/2022)
363Mar 8, 2022RequestSEALED DOCUMENT placed in vault. (jus) (Entered: 03/08/2022)
364Mar 11, 2022RequestCONSENT PRELIMINARY ORDER OF FORFEITURE/MONEY JUDGMENT as to (S4 20-Cr-188) James Patterson.... IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Damian Williams, United States Attorney, Assistant United States Attorney, Nicholas Folly, of counsel, and the Defendant, that: 1. As a result of the offense charged in Count One of the Information, to which the Defendant pied guilty, a money judgment in the amount of $79,549 in United States currency (the "Money Judgment"), representing the amount of proceeds traceable to the offense charged in Count One of the Information that the Defendant personally obtained, shall be entered against the Defendant. 2. Pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure, this Consent Preliminary Order of Forfeiture/Money Judgment is final as to the Defendant, JAMES PATTERSON, and shall be deemed part of the sentence of the Defendant, and shall be included in the judgment of conviction therewith....[*** See Consent Preliminary Order of Forfeiture/Money Judgment ***]... 7. The Court shall retain jurisdiction to enforce this Consent Preliminary Order of Forfeiture/Money Judgment, and to amend it as necessary, pursuant to,Rule 3 2.2 of the Federal Rules of Criminal Procedure. 8. The signature page of this Consent Preliminary Order of Forfeiture/Money Judgment may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. SO ORDERED: (Signed by Judge Jed S. Rakoff on 3/11/2022)(bw) (Entered: 03/14/2022)
Mar 11, 2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Sentencing held on 3/11/2022 for James Patterson (3) Count 1. Present were the defendant and his counsel, Emily Schulman, AUSA Nicholas Folly for the government and a court reporter. SENT: Time served, 2 yrs SR, $100 assess, Forfeiture of $79,549.00. (jbo) (Entered: 03/14/2022)
365Mar 14, 2022RequestJUDGMENT In A Criminal Case (S4 20-Cr-188-03). Date of Imposition of Judgment: 3/11/2022. Defendant James Patterson (3) pleaded guilty to Count(s) 1. IMPRISONMENT: On Count 1: Time Served. SUPERVISED RELEASE: On Count 1: Two (2) years. Standard Conditions of Supervision (See page 4 of Judgment). Special Conditions of Supervision: 1. The Court recommends the defendant be supervised in his district of residence. 2. The defendant shall report to the Probation office in the federal judicial district where he is authorized to reside within three business days of March 11, 2022. 3. The standard condition of supervised release concerning communication and interaction with known felons is amended only as to the Prison Professors Charitable Corporation. ASSESSMENT: $100.00, due immediately. The defendant shall forfeit the defendant's interest in the following property to the United States: $79,549.00. (Signed by Judge Jed S. Rakoff on 3/12/2022)(bw) (Entered: 03/14/2022)
Mar 30, 2022Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference as to (20-Cr-188-3) James Patterson held on 3/30/2022. A telephone conference was held 3/30/2022 without transcription or recording. AUSA Nicholas Folly was present for the Government; Emily Schulman was present for Mr. Patterson. The Court grants the defense request to submit a proposed order regarding the return of Mr. Patterson's passport. (bw) (Entered: 03/30/2022)
366Apr 1, 2022RequestORDER FOR RETURN OF PASSPORT as to James Patterson. IT IS HEREBY ORDERED that James Patterson's application to have Pre-Trial Services return his passport to him via first-class mail to his address of record is GRANTED. (Signed by Judge Jed S. Rakoff on 3/30/2022) (ap) (Entered: 04/01/2022)
367Apr 7, 2022RequestTRANSCRIPT of Proceedings as to James Patterson re: Conference held on 3/11/22 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Horovitz, (212) 805-0348, 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 4/28/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/6/2022. (Moya, Goretti) (Entered: 04/07/2022)
368Apr 7, 2022RequestNOTICE OF FILING OF OFFICIAL TRANSCRIPT as to James Patterson. Notice is hereby given that an official transcript of a Conference proceeding held on 3/11/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (Moya, Goretti) (Entered: 04/07/2022)
369Apr 28, 2022RequestMOTION for Forfeiture of Property . Document filed by USA as to Hamid Akhavan. (Attachments: # 1 Text of Proposed Order)(Deininger, Emily) (Entered: 04/28/2022)
370Apr 28, 2022RequestDECLARATION of Special Agent Ronald Shimko in Support by USA as to Hamid Akhavan re: 369 MOTION for Forfeiture of Property .. (Deininger, Emily) (Entered: 04/28/2022)
371May 5, 2022RequestPRELIMINARY ORDER OF FORFEITURE AS TO SUBSTITUTE ASSETS as to Hamid Akhavan. (Signed by Judge Jed S. Rakoff on 5/5/2022) (ap) (Entered: 05/05/2022)

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