CLOSED,E-Filing

U.S. District Court
California Northern District (San Jose)
CRIMINAL DOCKET FOR CASE #: 5:12-cr-00877-LHK-1


Case title: USA v. Berg

Date Filed: 12/18/2012
Date Terminated: 02/26/2014

Assigned to: Hon. Lucy H. Koh
Referred to: Magistrate Judge Paul Singh Grewal

Defendant (1)
Christopher B. Berg
TERMINATED: 02/26/2014
represented byEdward Morris Robbins , Jr.
Hochman Salkin Toscher Perez, P.C.
9150 Wilshire Boulevard
Ste 300
Beverly Hills, CA 90212
310 281 3247
Fax: 310-859-5129
Email: Robbins@Taxlitigator.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Ronald J. Nessim
BIRD, MARELLA
1875 Century Park East, 23rd Floor
Los Angeles, CA 90067
(310) 201-2100
Email: rjn@birdmarella.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
31:5314 and 5322(a) - Willful Violation of Foreign Bank Account Reporting Requirements
(1)
12 months and 1 day BOP custody, 3 years supervised release, $100.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byThomas Moore
U.S. Attorney's Office
450 Golden Gate Avenue, 11th Floor
Box 36055
San Francisco, CA 94102
(415) 436-7017
Fax: 415-436-7009
Email: tom.moore@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Elizabeth Caryl Hadden
United States Department of Justice
Tax Division, WCES
601 D Street, NW
Washington, DC 20004
202-514-5189
Email: elizabeth.c.hadden@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney

Margaret Leigh Kessler
Dept. of Justice Tax Division
Western Crim. Enf. Section
601 D Street, NW
Room 7014
Washington, DC 20004
202-514-5193
Email: margaret.leigh.kessler@usdoj.gov
TERMINATED: 11/13/2014
Designation: Assistant US Attorney

Date Filed #Docket Text
12/18/20121 FELONY INFORMATION as to Christopher B. Berg (1) count(s) 1. (Attachments: # 1 Criminal Cover Sheet) (cfeS, COURT STAFF) (Filed on 12/18/2012) (Entered: 12/20/2012)
12/18/2012 CASE DESIGNATED for Electronic Filing. (cfeS, COURT STAFF) (Filed on 12/18/2012) (Entered: 12/20/2012)
12/21/20122 NOTICE OF ATTORNEY APPEARANCE: Elizabeth C. Hadden appearing for USA. (Moore, Thomas) (Filed on 12/21/2012) ***(Not Moore)*** Modified on 12/27/2012 (cfeS, COURT STAFF). (Entered: 12/21/2012)
12/21/20123 NOTICE OF ATTORNEY APPEARANCE Margaret Leigh Kessler appearing for USA. (Moore, Thomas) (Filed on 12/21/2012)***(Not Moore)** Modified on 12/27/2012 (cfeS, COURT STAFF). (Entered: 12/21/2012)
12/21/2012 Attorney update in case as to Christopher B. Berg. Attorney Margaret Leigh Kessler for USA added. (cfeS, COURT STAFF) (Filed on 12/21/2012) (Entered: 12/28/2012)
12/26/2012 Attorney update in case as to Christopher B. Berg. Attorney Elizabeth Caryl Hadden for USA added. (cfeS, COURT STAFF) (Filed on 12/26/2012) (Entered: 12/27/2012)
01/10/2013CLERKS NOTICE as to Christopher B. Berg PURSUANT TO REQUEST FROM COUNSEL FOR THE GOVERNMENT AND THE DEFENDANT: Arraignment set for 1/30/2013 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Bond Hearing set for 1/30/2013 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Change of Plea Hearing set for 1/30/2013 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. *****THIS IS A TEXT-ONLY NOTICE. THERE IS NO DOCUMENT ASSOCIATED WITH THIS DOCKET ENTRY***** (mpb, COURT STAFF) (Filed on 1/10/2013) (Entered: 01/10/2013)
01/10/20135 NOTICE OF ATTORNEY APPEARANCE: Edward Morris Robbins, Jr appearing for Christopher B. Berg (Robbins, Edward) (Filed on 1/10/2013) (Entered: 01/10/2013)
01/30/20136 Minute Entry for proceedings held before Judge Hon. Lucy H. Koh: Arraigned NOT GUILTY as to Christopher B. Berg (1) Count 1 held on 1/30/2013, An UNSECURED BOND is executed as to Christopher B. Berg held on 1/30/2013, Change of Plea Hearing as to Christopher B. Berg held on 1/30/2013, Plea entered by Christopher B. Berg (1) Guilty Count 1. A Plea Agreement was executed in open court. Sentencing set for 7/10/2013 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Court Reporter Lee-Anne Shortridge.) (cfeS, COURT STAFF) (Filed on 1/30/2013) (Entered: 01/30/2013)
01/30/20137 ORDER Setting Conditions of Release as to Christopher B. Berg (1) $20,000 UNSECURED BOND. Signed by Judge Hon. Lucy H. Koh on 1/30/13. (cfe, COURT STAFF) (Filed on 1/30/2013) (Entered: 01/31/2013)
01/30/20138 PLEA AGREEMENT as to Christopher B. Berg (mpb, COURT STAFF) (Filed on 1/30/2013) (Entered: 02/05/2013)
01/30/201326 WAIVER OF INDICTMENT by Christopher B. Berg (cfeS, COURT STAFF) (Filed on 1/30/2013)***Per SP. (cfeS, COURT STAFF). Modified on 3/25/2014 (cfeS, COURT STAFF) Filed 3/25/14. (Entered: 03/18/2014)
01/30/201323 Amended Minute Entry for proceedings held before Judge Hon. Lucy H. Koh:Change of Plea Hearing as to Christopher B. Berg held on 1/30/2013 (Court Reporter Lee-Anne Shortridge.) (mpb, COURT STAFF) (Filed on 1/30/2013) (Entered: 03/18/2014)
05/29/2013CLERKS NOTICE RE CHANGE IN TIME FOR JUDGE KOH'S CRIMINAL CALENDAR as to Christopher B. Berg Sentencing set for 7/10/2013 09:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. *****THIS IS A TEXT-ONLY NOTICE. THERE IS NO DOCUMENT ASSOCIATED WITH THIS DOCKET ENTRY***** (mpb, COURT STAFF) (Filed on 5/29/2013) (Entered: 05/29/2013)
06/04/201310 STIPULATION of the Parties Re Continuance of Sentencing Date; [Proposed] Order by Christopher B. Berg 9 Clerks Notice, (Attachments: # 1 Proposed Order To Continue Sentencing Hearing Date)(Robbins, Edward) (Filed on 6/4/2013) Modified on 6/5/2013 (cfeS, COURT STAFF). (Entered: 06/04/2013)
06/07/201311 STIPULATION AND ORDER Re Continuance of Sentencing Date 10 Stipulation filed by Christopher B. Berg as to Christopher B. Berg. Sentencing set for 10/9/2013 09:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Signed by Judge Hon. Lucy H. Koh on 6/7/13. (mpb, COURT STAFF) (Filed on 6/7/2013) Modified on 6/10/2013 (cfeS, COURT STAFF). (Entered: 06/07/2013)
09/17/201312  MOTION to Continue Sentencing and [Proposed] Order by USA as to Christopher B. Berg. (Hadden, Elizabeth) (Filed on 9/17/2013) Modified on 9/18/2013 (cfeS, COURT STAFF). (Entered: 09/17/2013)
09/17/201313 ORDER to Continue Sentencing, granting 12 as to Christopher B. Berg (1). Signed by Judge Hon. Lucy H. Koh on 9/17/13. (mpb, COURT STAFF) Modified on 9/18/2013 (cfeS, COURT STAFF). (Entered: 09/17/2013)
09/17/2013 Set/Reset Hearing re 13 Order on Motion to Continue Sentencing set for 2/26/2014 09:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (mpb, COURT STAFF) (Filed on 9/17/2013) (Entered: 09/17/2013)
02/19/201415 SENTENCING MEMORANDUM and Motion for Departure by USA as to Christopher B. Berg (Hadden, Elizabeth) (Filed on 2/19/2014) Modified on 2/21/2014 (cfeS, COURT STAFF). (Entered: 02/19/2014)
02/25/201416 Sealed Document(cfeS, COURT STAFF) (Filed on 2/25/2014) (Entered: 02/25/2014)
02/25/201417 Sealed Document (cfeS, COURT STAFF) (Filed on 2/25/2014) (Entered: 02/25/2014)
02/25/201418 Sealed Document (cfeS, COURT STAFF) (Filed on 2/25/2014) (Entered: 02/25/2014)
02/26/201419 Sealing Order - General Order 54 as to Christopher B. Berg.. Signed by Judge Hon. Lucy H. Koh on 2/26/14. (mpb, COURT STAFF) (Filed on 2/26/2014) (Entered: 02/28/2014)
02/26/201424 Minute Entry for proceedings held before Judge Hon. Lucy H. Koh:Sentencing held on 2/26/2014 for Christopher B. Berg (1), Count(s) 1, 12 months and 1 day BOP custody, 3 years supervised release, $100.00. The date for self-surrender to the designated facility is STAYED and will be set at a future time. Restitution has been paid. The matter is continued for Status Hearing regarding setting a self-surrender date to 10/15/2014 09:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Court Reporter Summer Fisher.) (cfeS, COURT STAFF) (Filed on 2/26/2014) (Entered: 03/18/2014)
02/28/201420 JUDGMENT in a Criminal Case as to Christopher B. Berg. Signed by Judge Hon. Lucy H. Koh on 2/28/14. (mpb, COURT STAFF) (Filed on 2/28/2014) (Entered: 03/06/2014)
03/07/201421 TRANSCRIPT ORDER for Court Reporter Summer Fisher (Kessler, Margaret) (Filed on 3/7/2014) (Entered: 03/07/2014)
03/13/201422 PAYMENT RECORD CARD : Payment of Special Assessment Paid in Full in the amount of $100.00 paid on 2/26/14 on behalf of Christopher B. Berg (cfeS, COURT STAFF) (Filed on 3/13/2014) (Entered: 03/13/2014)
03/18/201425 TRANSCRIPT ORDER for Court Reporter Summer Fisher (Robbins, Edward) (Filed on 3/18/2014) (Entered: 03/18/2014)
04/07/201427 Transcript of Proceedings as to Christopher B. Berg held on 02/26/14, before Judge Lucy H. Koh. Court Reporter/Transcriber Summer Fisher, Telephone number 408-288-6150 summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 7/7/2014. (Related documents(s) 21 ) (Fisher, Summer) (Filed on 4/7/2014) (Entered: 04/07/2014)
10/08/201428 Ex Parte Administrative Motion to File Under Seal by Christopher B. Berg. Motion Hearing set for 10/15/2014 09:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Attachments: # 1 Declaration of Edward M. Robbins, Jr., # 2 Proposed Order)(Robbins, Edward) (Filed on 10/8/2014) Modified on 10/9/2014 (cfeS, COURT STAFF). (Entered: 10/08/2014)
10/09/201429 Manual Filing Notification re 28 by Christopher B. Berg (Robbins, Edward) (Filed on 10/9/2014) Modified on 10/10/2014 (cfeS, COURT STAFF). (Entered: 10/09/2014)
10/10/201430  Motion to Continue Status Hearing by Christopher B. Berg. Motion Hearing set for 10/15/2014 09:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Attachments: # 1 Proposed Order to Continue Status Hearing)(Robbins, Edward) (Filed on 10/10/2014) Modified on 10/14/2014 (cfeS, COURT STAFF). (Entered: 10/10/2014)
10/10/201431 Order by Hon. Lucy H. Koh granting 28 Ex Parte Administrative Motion to File Under Seal Document as to Christopher B. Berg (1). (Signed 10/09/2014.) (sms, COURT STAFF) (Filed on 10/10/2014) (Entered: 10/10/2014)
10/10/201432 Order DENYING 30 First Motion to Continue Status Hearing as to Christopher B. Berg (1). (Signed 10/10/2014 by Hon. Lucy H. Koh.) (sms, COURT STAFF) (Filed on 10/10/2014) (Entered: 10/10/2014)
10/14/201433 Sealed Document (cfeS, COURT STAFF) (Filed on 10/14/2014) (Entered: 10/15/2014)
10/15/201434 Minute Entry for proceedings held before Judge Hon. Lucy H. Koh: Status Conference as to Christopher B. Berg held on 10/15/2014. Further Status Conference, re: self-surrender date, is set for 12/17/2014 at 9:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Court Reporter Lee-Anne Shortridge.) (sms, COURT STAFF) (Filed on 10/15/2014) (Entered: 10/16/2014)
10/17/201435 ORDER REGARDING VOLUNTARY SURRENDER DATE as to Christopher B. Berg. Signed by Judge Hon. Lucy H. Koh on 10/17/2014. (sms, COURT STAFF) (Filed on 10/17/2014)***(CC:USM)**** Modified on 10/20/2014 (cfeS, COURT STAFF). (Entered: 10/17/2014)
11/11/201436 TRANSCRIPT ORDER for Court Reporter Lee-Anne Shortridge (Robbins, Edward) (Filed on 11/11/2014) (Entered: 11/11/2014)
11/11/201437 Transcript of Proceedings as to Christopher B. Berg held on 10-15-14, before Judge Lucy H. Koh. Court Reporter/Transcriber Lee-Anne Shortridge, Telephone number 408-287-4580 email: lee-anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 2/9/2015. (Related documents(s) 36 ) (las, ) (Filed on 11/11/2014) (Entered: 11/11/2014)
11/12/201438  MOTION to Withdraw as Counsel for the USA by Margaret Leigh Kessler as to Christopher B. Berg. (Kessler, Margaret) (Filed on 11/12/2014) Modified on 11/13/2014 (cfeS, COURT STAFF). (Entered: 11/12/2014)
11/13/201439 Order granting 38 Margaret Leigh Kessler's Motion for Withdrawal as Counsel. Ms. Kessler shall be withdrawn from the case. Signed by Hon. Lucy H. Koh on 11/13/2014.(sms, COURT STAFF) (Filed on 11/13/2014) (Entered: 11/13/2014)
12/02/201440 Ex Parte Administrative Motion to File Under Seal by Christopher B. Berg. Motion Hearing set for 12/17/2014 09:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Attachments: # 1 Declaration of Edward M. Robbinis, Jr. in Support of Motion to File Under Seal, # 2 Proposed Order Sealing Document)(Robbins, Edward) (Filed on 12/2/2014) Modified on 12/3/2014 (cfeS, COURT STAFF). (Entered: 12/02/2014)
12/02/201441 Manual Filing Notification Re Letter of Kristen Ganjoo, M.D. re 40 Ex Parte Administrative Motion to File Under Seal filed by Christopher B. Berg (Robbins, Edward) (Filed on 12/2/2014) Modified on 12/3/2014 (cfeS, COURT STAFF). (Entered: 12/02/2014)
12/09/201442  MOTION to Seal by Christopher B. Berg. Motion Hearing set for 12/17/2014 09:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Attachments: # 1 Declaration of Edward M. Robbins, Jr. in Support of Ex Parte Administrative Motion to File Under Seal, # 2 Proposed Order Sealing Document)(Robbins, Edward) (Filed on 12/9/2014) (Entered: 12/09/2014)
12/09/201443 NOTICE OF MANUAL FILING RE: ONCOLOGY TREATMENT SUMMARIES by Christopher B. Berg re 42 MOTION to Seal (Robbins, Edward) (Filed on 12/9/2014) (Entered: 12/09/2014)
12/10/201444  MOTION to Continue Hearing by Christopher B. Berg. Motion Hearing set for 12/17/2014 09:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Attachments: # 1 Proposed Order to Continue December 17, 2014 Hearing)(Robbins, Edward) (Filed on 12/10/2014) (Entered: 12/10/2014)
12/12/201445 Order by Hon. Lucy H. Koh denying 44 Motion to Continue Hearing as to Christopher B. Berg (1). This hearing remains as set for 12/17/2014 at 9:30am. (sms, COURT STAFF) (Filed on 12/12/2014) (Entered: 12/12/2014)
12/15/201446  MOTION for Leave to Appear Telephonically Attorney: Elizabeth C. Hadden. by USA as to Christopher B. Berg. Motion Hearing set for 12/17/2014 09:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Attachments: # 1 Proposed Order)(Hadden, Elizabeth) (Filed on 12/15/2014) (Entered: 12/15/2014)
12/15/201447 Order by Hon. Lucy H. Koh granting 40 Motion to Seal Document as to Christopher B. Berg (1).(sms, COURT STAFF) (Filed on 12/15/2014) (Entered: 12/15/2014)
12/15/201448 Order by Hon. Lucy H. Koh granting 42 Motion to Seal as to Christopher B. Berg (1).(sms, COURT STAFF) (Filed on 12/15/2014) (Entered: 12/15/2014)
12/15/201449 NOTICE OF ATTORNEY APPEARANCE: Ronald J. Nessim appearing for Christopher B. Berg (Nessim, Ronald) (Filed on 12/15/2014) (Entered: 12/15/2014)
12/15/201450  MOTION for Leave to Appear Telephonically Attorney: Edward Robbins. by Christopher B. Berg. Motion Hearing set for 12/17/2014 09:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Attachments: # 1 Proposed Order)(Nessim, Ronald) (Filed on 12/15/2014) (Entered: 12/15/2014)
12/15/201451  MOTION for Leave to Appear Telephonically Attorney: Edward M. Robbins, Jr.. by Christopher B. Berg. Motion Hearing set for 12/17/2014 09:30 AM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (Attachments: # 1 Proposed Order Re Motion for Telephonic Appearance)(Robbins, Edward) (Filed on 12/15/2014) (Entered: 12/15/2014)
12/15/201454 Sealed Document (dhmS, COURT STAFF) (Filed on 12/15/2014) (Entered: 12/16/2014)
12/15/201455 Sealed Document (dhmS, COURT STAFF) (Filed on 12/15/2014) (Entered: 12/16/2014)
12/16/201452 Order GRANTING 46 AUSA's Motion for Leave to Appear Telephone as to Christopher B. Berg (1). An agent of the moving party, Elizabeth Hadden, shall contact CourtCall to finalize her appearance. Signed by Hon. Lucy H. Koh on 12/16/2014. (sms, COURT STAFF) (Filed on 12/16/2014) (Entered: 12/16/2014)
12/16/201453 Order by Hon. Lucy H. Koh granting 51 Motion for Leave to Appear Telephonic as to Christopher B. Berg (1). Moving party shall contact CourtCall to finalize their appearance. (sms, COURT STAFF) (Filed on 12/16/2014) (Entered: 12/16/2014)
12/17/201457 Minute Entry for proceedings held before Judge Hon. Lucy H. Koh: Status Conference as to Christopher B. Berg held on 12/17/2014. (Court Reporter Lee-Anne Shortridge.) (sms, COURT STAFF) (Filed on 12/19/2014) Modified on 1/23/2015 (sms, COURT STAFF). (Entered: 12/19/2014)
12/18/201456 AMENDED JUDGMENT in a Criminal Case as to Christopher B. Berg (AS TO SELF-SURRENDER DATE ONLY). **CC:USPO and USMS.** Signed by Judge Hon. Lucy H. Koh on 12/18/2014. (sms, COURT STAFF) (Filed on 12/18/2014) (Entered: 12/18/2014)
01/21/201558 TRANSCRIPT ORDER for Court Reporter Lee-Anne Shortridge (Robbins, Edward) (Filed on 1/21/2015) (Entered: 01/21/2015)
01/23/201559 TRANSCRIPT ORDER for Court Reporter Lee-Anne Shortridge (Robbins, Edward) (Filed on 1/23/2015) (Entered: 01/23/2015)
02/02/201560 Transcript of Proceedings as to Christopher B. Berg held on 12-17-14, before Judge Lucy H. Koh. Court Reporter/Transcriber Lee-Anne Shortridge, Telephone number 408-287-4580 email: lee-anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 5/4/2015. (Related documents(s) 59 ) (las, ) (Filed on 2/2/2015) (Entered: 02/02/2015)


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