CLOSED,MAG

U.S. District Court
Eastern District of New York (Central Islip)
CRIMINAL DOCKET FOR CASE #: 2:11-cr-00268-ADS All Defendants


Case title: USA v. Bhasin

Date Filed: 04/08/2011
Date Terminated: 03/08/2013

Assigned to: Judge Arthur D. Spatt

Defendant (1)
Josephine Bhasin
TERMINATED: 03/08/2013
represented byBernard S. Mark
Kestenbaum & Mark
40 Cutter Mill Road
Great Neck, NY 11021
516-466-0419
Fax: 516-829-3729
Email: bsmark@kmtaxlaw.com
ATTORNEY TO BE NOTICED

Richard S. Kestenbaum
Kestenbaum & Mark
40 Cutter Mill Road
Great Neck, NY 11021
(516)466-0410
Fax: (516)829-3729
Email: rkestenbaum@kmtaxlaw.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
FRAUD AND FALSE STATEMENTS 26:7206(1); 18, and 3551 et seq.
(1)
PROBATION: Two (2) Years. FINE: $3,000.00. SPECIAL ASSESSMENT: $100.00.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byMark W. Kotila
U.S Dept. of Justice
601 D Street, Nw
Washington, DC 20530
202-514-3768
Fax: 202-616-1786
Email: mark.kotila3@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Nicole Boeckmann
United States Attorneys Office
Eastern District of New York
610 Federal Plaza
Central Islip, NY 11722
631-715-7855
Email: nicole.boeckmann@usdoj.gov
TERMINATED: 04/18/2011
LEAD ATTORNEY

Date Filed #Docket Text
04/08/20111 NOTICE of Intent to proceed under FRCrP 7(b) as to Josephine Bhasin (Attachments: # 1 Criminal Information Sheet) (Rios, Laura) (Entered: 04/11/2011)
04/11/20115 ORDER of Referral - The defendant, JOSEPHINE BHASIN, having knowingly requested leave to enter a plea of guilty, and having consented to have a United States Magistrate Judge hear the application, the matter is referred to Magistrate Judge Boyle to administer the allocution. Signed by Senior Judge Arthur D. Spatt on 4/11/2011. (Mahon, Cinthia) Modified on 5/6/2011 to reset document number. (Mahon, Cinthia). (Entered: 05/06/2011)
04/13/20114 ORDER - The Court hereby accepts the guilty plea recommendation of Magistrate Judge Boyle as to JOSEPHINE BHASIN. Signed by Senior Judge Arthur D. Spatt on 4/13/2011. (Coleman, Laurie) (Entered: 04/20/2011)
04/13/20116 NOTICE of Consent to proceed before United States Magistrate Judge for purposes of a plea of guilty and allocution. (Coleman, Laurie) (Entered: 04/20/2011)
04/13/20117 INFORMATION as to JOSEPHINE BHASIN (1) count(s) 1. (Coleman, Laurie) (Entered: 04/20/2011)
04/13/20118 WAIVER OF INDICTMENT by JOSEPHINE BHASIN. (Coleman, Laurie) (Entered: 04/20/2011)
04/13/20119 MINUTE ENTRY for Criminal Cause for GUILTY PLEA, ARRAIGNMENT & FIRST APPEARANCE as to JOSEPHINE BHASIN held before Judge E. Thomas Boyle on 4/13/2011 at 11:30 a.m. Defendant present with retained counsel Richard S. Kestenbaum. A.U.S.A.: Mark Kotila. Magistrate Clerical: L. Lundy. Tape Log: 11:41-12:11. Defendant arraigned. Defendant's First appearance. Detention hearing. Hearing scheduled before Judge Spatt on 9/9/2011 at 10:30 a.m. Waiver of Indictment filed. Information filed. The defendant pleads not guilty to the Information. Cooperation Agreement marked as Court Exhibit #1. The defendant withdraws plea of Not Guilty and enters a plea of Guilty to the Information. The Court accepts the plea and recommends to Judge Spatt to accept the plea. (Coleman, Laurie) Modified on 4/20/2011 (Coleman, Laurie). (Entered: 04/20/2011)
04/13/201110 STANDARD PLEA FORM as to JOSEPHINE BHASIN. (Coleman, Laurie) (Entered: 04/20/2011)
04/13/201111 ORDER Setting Conditions of Release and Bond as to JOSEPHINE BHASIN. Signed by Magistrate Judge E. Thomas Boyle on 4/13/2011. (Coleman, Laurie) (Entered: 04/20/2011)
04/13/201112 NOTICE OF ATTORNEY APPEARANCE: Richard S. Kestenbaum appearing for JOSEPHINE BHASIN. (Coleman, Laurie) (Entered: 04/20/2011)
04/14/20112 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Josephine Bhasin held on April 13, 2011,CRIMINAL CAUSE FOR GUILTY PLEA HELD before Mag. Judge E. Thomas Boyle. Court Reporter/Transcriber LWEIS PARHAM OF WRITER'S CRAMP, INC. 6 NORTON ROAD MONMOUTH Jct., NJ 08852, Telephone number LEWIS PARHAM (732) 329-0191. Tape Number: FTR/DRIVE/TIME:. 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 5/5/2011. Redacted Transcript Deadline set for 5/16/2011. Release of Transcript Restriction set for 7/13/2011.KEITH ANGELO JONES. (Jones, Keith) (Entered: 04/14/2011)
04/18/20113 NOTICE OF ATTORNEY APPEARANCE Mark W. Kotila appearing for USA. (Kotila, Mark) (Entered: 04/18/2011)
05/06/2011 Incorrect Document Information filed. The # 5 Order of referral has been deleted and re-filed using the correct docketing event. NEF to be regenerated. (Mahon, Cinthia) (Entered: 05/06/2011)
05/31/201113 ORDER - The Court hereby accepts the guilty plea recommendation of Magistrate Judge Boyle as to JOSEPHINE BHASIN. Signed by Senior Judge Arthur D. Spatt on 5/31/11. (Coleman, Laurie) (Entered: 06/07/2011)
08/16/201115 SENTENCING MEMORANDUM by Josephine Bhasin (Mark, Bernard) (Entered: 08/16/2011)
08/19/201116 First MOTION for Extension of Time to File Response/Reply sentencing adjournment [follow-up] by Josephine Bhasin. (Mark, Bernard) (Entered: 08/19/2011)
08/19/201117 ORDER Re: 16 Motion requesting that the 9/9/11 sentencing of JOSEPHINE BASIN be adjourned. Application granted. Sentencing is adjourned to 12/9/11 at 9:30 a.m. SSigned by Senior Judge Arthur D. Spatt on 8/19/11. Movant's counsel is directed to serve a copy of this Order on all parties upon receipt via facsimile. (Coleman, Laurie) (Entered: 08/25/2011)
11/22/201118 Second MOTION for Extension of Time to File Response/Reply sentencing adjournment by Josephine Bhasin. (Mark, Bernard) (Entered: 11/22/2011)
12/01/201119 ORDER Re: 18 Motion requesting that the 12/9/11 sentencing as to JOSEPHINE BHASIN be further adjourned. Application granted. Sentencing is adjourned to 2/10/11 at 2:30 p.m. Signed by Senior Judge Arthur D. Spatt on 12/1/11. (Coleman, Laurie) (Entered: 12/07/2011)
01/09/201220 Second MOTION for Extension of Time to File adjourn sentencing by Josephine Bhasin. (Mark, Bernard) (Entered: 01/09/2012)
02/06/201221 ORDER granting 20 Motion for Extension of Time to File as to Josephine Bhasin (1). Request granted. Sentencing reset for 4/20/2012 at 10:00AM before Senior Judge Arthur D. Spatt. Signed by Senior Judge Arthur D. Spatt on 2/6/12. (Valle, Christine) (Entered: 02/07/2012)
03/23/201222 Third MOTION for Extension of Time to File for Sentencing by Josephine Bhasin. (Mark, Bernard) (Entered: 03/23/2012)
04/03/201223 ORDER Re: 22 Motion requesting that the 4/20/12 SENTENCING of JOSEPH BHASIN be adjourned until after 9/30/12. Application granted. Sentencing is adjourned to 10/5/12 at 11:00 a.m. Sentencing are only scheduled on Fridays. Signed by Senior Judge Arthur D. Spatt on 4/3/12. (Coleman, Laurie) (Entered: 04/13/2012)
09/06/201224 Third MOTION for Extension of Time to File to Adjourn Sentencing by Josephine Bhasin. (Mark, Bernard) (Entered: 09/06/2012)
09/19/201225 ORDER Re: 24 Motion requesting that the 10/5/12 SENTENCING of JOSPHINE BHASIN (1) be adjourned until after 12/10/12 (exlcuding 12/24/12 through 1/10/13). Application granted. Sentencing is adjourned to 12/14/12 at 10:00 a.m. Signed by Judge Arthur D. Spatt on 9/19/12. (Coleman, Laurie) (Entered: 09/25/2012)
11/05/201226 Third MOTION for Extension of Time to File Response/Reply to adjourn Sentencing by Josephine Bhasin. (Mark, Bernard) (Entered: 11/05/2012)
11/19/201227 ORDER granting 26 Motion for Extension of Time to File Response/Reply adjourn sentencing as to Josephine Bhasin. Sentencing adjourned to March 8, 2013 at 9:00 AM. Movant's counsel is directed to serve a copy of this order on all parties upon receipt via facsimile. Signed by Judge Arthur D. Spatt on 11/19/2012. (Florio, Lisa) (Entered: 11/21/2012)
02/26/201328 REDACTION by Josephine Bhasin (Mark, Bernard) (Entered: 02/26/2013)
03/08/201329 MINUTE ENTRY for proceedings held before Judge Arthur D. Spatt: Criminal Cause for SENTENCING held on 3/8/13 as to JOSEPHINE BHASIN (1), Count(s) 1. Defendant present on bail with retained counsel Bernard Mark. Govt: Mark W. Kotila. Court Reporter: Dominick Tursi. Probation: Jennifer Connelly. Courtroom Deputy: M. E. Kirchner. Case called. Counsel for all parties present. Sentencing held. Statement(s) of defendant and counsel heard. Court accepts facts as set forth in the PSR, addendum and second addendum. The defendant is sentenced to 2 years probation. Special conditions of probation: See J&C for more information. The defendant is ordered to pay a fine in the sum of $3,000.00. The fine is to be paid within 6 months from 3/8/13. Restitution is paid in full. Special assessment is imposed in the sum of $100.00, to be paid immediately. The defendant is advised of the right to appeal, except as previously waived. Transcript is sealed and is available to counsel upon their request. (Coleman, Laurie) (Entered: 03/14/2013)
03/08/201330 JUDGMENT as to JOSEPHINE BHASIN (1), Count(s) 1. The defendant pleaded guilty to count(s) One (Single Count Information). The defendant is sentenced to probation for a term of two (2) years. Additional Probation Terms: 1. THE DEFENDANT SHALL SERVE THREE (3) MONTHS HOME DETENTION WITH ELECTRONIC MONITORING. THE DEFENDANT SHALL PAY THE COST OF ELECTRONIC MONITORING. THE DEFENDANT IS ALLOWED TO LEAVE HER HOME FOR WORK, RELIGIOUS, MEDICAL, ATTORNEY VISITS AND HUSBAND'S MEDICAL REASONS ONLY. 2. HE DEFENDANT SHALL PERFORM A TOTAL OF ONE HUNDRED AND FIFTY (150) HOURS OF COMMUNITY SERVICE AS FOLLOWS: FIFTY (50) HOURS THE FIRST YEAR OF PROBATION AND ONE HUNDRED (100) HOURS THE SECOND YEAR OF PROBATION AS DIRECTED AND AT THE DISCRETION OF THE PR0BATION DEPARTMENT. 3. THE DEFENDANT SHALL PAY A FINE TO THE U.S. ATTORNEY'S OFFICE, 100 FEDERAL PLAZA, CENTRAL ISLIP, NY 11721 IN THE TOTAL SUM OF THIRTY THOUSAND DOLLARS ($30,000.00) WITHIN SIX (6) MONTHS FROM MARCH 8, 2013. 4. THE DEFENDANT SHALL PARTICIPATE IN MENTAL HEALTH TREATMENT AT THE DIRECTION OF THE PROBATION DEPARTMENT. THE DEFENDANT SHALL CONTRIBUTE TO THE COST OF SUCH SERVICES AND/OR ANY PSYCHOTROPIC MEDICATIONS PRESCRIBED TO THE DEGREE THAT SHE IS REASONABLY ABLE, AND SHALL COOPERATE IN SECURING ANY APPLICABLE THIRD-PARTY PAYMENT. THE DEFENDANT SHALL DISCLOSE ALL FINANCIAL INFORMATION AND DOCUMENTS TO THE PROBATION DEPARTMENT TO ASSESS HER ABILITY TO PAY. Criminal Monetary Penalties: The defendant must pay a special assessment in the lump sum payment of $100.00, due immediately. Signed by Judge Arthur D. Spatt on 3/8/13. (Coleman, Laurie) (Entered: 03/21/2013)
04/08/201332 SATISFACTION OF JUDGMENT by USA as to Josephine Bhasin (Dickman, Mary) (Entered: 04/08/2013)
10/03/201334 Letter Re; Request to waive community service as to Josephine Bhasin (Kotila, Mark) (Entered: 10/03/2013)
10/23/201335 MEMORANDUM OF DECISION AND ORDER as to JOSEPHINE BHASIN. The Court concurs with the recommendation of the United States Probation Officer. In the absence of any medical records confirming the medical conditions of the probationer, with a statement as to her inability to do community service, her application is denied. So Ordered by Judge Arthur D. Spatt on 10/23/13. (Coleman, Laurie) (Entered: 10/24/2013)


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