CLOSED,ECF,PRIOR

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:10-cr-00388-PKC All Defendants


Case title: USA v. Heller
Magistrate judge case number: 1:10-mj-00742-UA
Date Filed: 05/04/2010
Date Terminated: 01/23/2012
Assigned to: Judge P. Kevin Castel

Defendant (1)
Kenneth Heller
TERMINATED: 01/23/2012 		represented byFrederick R. Dunne , Jr.
Dunne & Thompson
683 Kearny Ave.
Kearny, NJ 07032
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Jeffrey Harris
Rubin Winston Diercks, Harris & Cooke, LLP
1201 Connecticut Avenue NW Suite 200
Suite 200
Washington
Washington, DC 20036
202-861-0870
Fax: 202-888-0119
Email: jharris@rwdhc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Marc Antony Agnifilo
Brafman & Associates, P.C.
767 Third Avenue
New York, NY 10017
(212) 750-7800
Fax: (212) 750-3906
Email: magnifilo@braflaw.com
ATTORNEY TO BE NOTICED

Osnat Lupesko-Persky
Brafman & Associates, P.C.
767 Third Avenue
New York, NY 10017
(212)-750-7800
Fax: (212)-750-3906
Email: opersky@braflaw.com
ATTORNEY TO BE NOTICED

Robert Steven Fink
Kostelanetz & Fink, LLP
7 World Trade Center
34th Floor
New York, NY 10007
(212)-808-8100
Fax: (212)-808-8108
Email: rfink@kflaw.com
ATTORNEY TO BE NOTICED

Pending Counts
Disposition
26:7201.F ATTEMPT TO EVADE OR DEFEAT TAX
(9s-11s)		 Imprisonment: 45 days. Supervised Release: 2 years. Fine: $180,000.00.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
31:5322A.F & 5314 WILLFUL FAILURE TO FILE REPORTS OF FOREIGN BANK AND FINANCIAL ACCOUNTS
(1-3)		 Counts dismissed on the motion of the U.S.
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s)		 Count dismissed on the motion of the U.S.
31:5322A.F AND 31U.S.C5314 PENALTIES (WILLFUL FAILURE TO FILE REPORTS OF FOREIGN BANK AND FINANCIAL ACCOUNTS)
(2s-5s)		 Counts dismissed on the motion of the U.S.
26:7203D.F WILLFUL FAILURE TO FILE RETURN/INFORMATION, ETC.
(4-6)		 Counts dismissed on the motion of the U.S.
26:7203D.F WILLFUL FAILURE TO FILE INDIVIDUAL INCOME TAX RETURNS
(6s-8s)		 Counts dismissed on the motion of the U.S.
26:7212A.F CORRUPT OR FORCIBLE INTERFERENCE (ATTEMPT TO INTERFERE WITH THE ADMINISTRATION OF REVENUE LAWS)
(12s)		 Count dismissed on the motion of the U.S.

Highest Offense Level (Terminated)
Felony

Complaints
Disposition
26:7201:ATTEMPT TO EVADE OR DEFEAT TAX;, 31:5314,5322:WILLFUL FAILURE TO FILE REPORTS OF FOREIGN BANK AND FINANCIAL ACCOUNTS; 18:2:AIDING AND ABETTING.

Plaintiff
USA represented byDavid Benton Massey
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212) 637-2283
Fax: 212 637 2937
Email: david.massey@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
04/14/20101  COMPLAINT as to Kenneth Heller (1) in violation of 26 U.S.C. 7201; 31 U.S.C. 5314 & 5322; 18 U.S.C. 2. (Signed by Magistrate Judge Ronald L. Ellis) (gq) [1:10-mj-00742-UA] (Entered: 04/19/2010)
04/15/20103 UNSEALING ORDER as to Kenneth Heller. Upon the application of the United States of America, it is ORDERED the above-referenced Complaint be and hereby is UNSEALED. (Signed by Magistrate Judge Ronald L. Ellis on 4/15/2010)(gq) [1:10-mj-00742-UA] (Entered: 04/19/2010)
04/15/2010 Arrest of Kenneth Heller. (gq) [1:10-mj-00742-UA] (Entered: 04/19/2010)
04/15/2010 Arrest Warrant Returned Executed on 4/15/2010 as to Kenneth Heller. (gq) [1:10-mj-00742-UA] (Entered: 04/19/2010)
04/15/2010 Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis:Initial Appearance as to Kenneth Heller held on 4/15/2010. Deft appears with atty Frederick Dunn. AUSA David Massey present for the gov't. Pretrial Report waived. Detention on consent without prejudice. ( Preliminary Examination set for 4/30/2010 at 10:00 AM before Judge Unassigned.) (gq) [1:10-mj-00742-UA] (Entered: 04/19/2010)
04/15/2010 Attorney update in case as to Kenneth Heller. Attorney Frederick R. Dunne, Jr for Kenneth Heller added. (jw) (Entered: 05/12/2010)
04/16/20104 ORDER FOR MEDICAL ATTENTION as to Kenneth Heller. (Signed by Magistrate Judge Ronald L. Ellis on 4/16/2010)(gq) [1:10-mj-00742-UA] (Entered: 04/19/2010)
04/22/20105 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF ATTORNEY APPEARANCE: Jeffrey Harris appearing for Kenneth Heller. (Harris, Jeffrey) Modified on 4/30/2010 (kco). Modified on 4/30/2010 (kco). [1:10-mj-00742-UA] (Entered: 04/22/2010)
04/22/20106 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF ATTORNEY APPEARANCE: Jeffrey Harris appearing for Kenneth Heller. [1:10-mj-00742-UA] (Entered: 04/22/2010)
04/26/20107  MOTION for Medical Exam. Document filed by Kenneth Heller. (dif) [1:10-mj-00742-UA] (Entered: 04/26/2010)
04/26/20108 ORDER granting 7 Motion for Medical Exam as to Kenneth Heller (1). (Signed by Magistrate Judge James L. Cott on 4/26/2010) (dif) [1:10-mj-00742-UA] (Entered: 04/26/2010)
04/27/20109 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF ATTORNEY APPEARANCE David Benton Massey appearing for USA. (Massey, David) Modified on 4/30/2010 (kco). [1:10-mj-00742-UA] (Entered: 04/27/2010)
04/30/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Jeffrey Harris as to Kenneth Heller: to MANUALLY RE-FILE Document NOTICE OF APPEARANCE, Document No. 5,6. This case is not ECF. (kco) [1:10-mj-00742-UA] (Entered: 04/30/2010)
04/30/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney David Massey as to Kenneth Heller: to MANUALLY RE-FILE Document NOTICE OF APPEARANCE, Document No. 9. This case is not ECF. (kco) [1:10-mj-00742-UA] (Entered: 04/30/2010)
04/30/2010 Minute Entry for proceedings held before Judge Denise L. Cote:Detention Hearing as to Kenneth Heller held on 4/30/2010. Deft appears with atty Jeffrey Harris. Agreed Bail Package: $500,000 PRB. 1 FRP. $200,000 cash today; $300,000 within 14 days. Travel restricted to SDNY, District of New Jersey. Surrender travel documents (& no new applications). Strict pretrial supervision. (See below). Strict pre-trial supervision to include bi-weekly visits to pretrial services; deft to allow PTS to visit his residence (NY apt) at random during business hours; deft must reside at N.Y. Apt. and notify PTS of any change in residence. Preliminary Hearing set for 5/7/10. (gq) [1:10-mj-00742-UA] (Entered: 04/30/2010)
04/30/2010 Set/Reset Deadlines/Hearings as to Kenneth Heller: Preliminary Examination set for 5/7/2010 at 10:00 AM before Judge Unassigned. (gq) [1:10-mj-00742-UA] (Entered: 04/30/2010)
05/04/201010 PRB APPEARANCE Bond Entered as to Kenneth Heller in amount of $500,000. 1 FRP. $200,000 cash today. $300,000 within 14 days. Travel restricted to SDNY, District of New Jersey. Surrender travel documents (& no new applications). Strict pretrial supervision to include bi-weekly visits to Pretrial Services. Deft to allow PTS to visit his residency (NY Apt.) at random during business hours. Deft must reside at N.Y. Apt. and notify PTS of any change in residence. (gq) [1:10-mj-00742-UA] (Entered: 05/04/2010)
05/04/201011 ADVICE OF PENALTIES AND SANCTIONS as to Kenneth Heller. (gq) [1:10-mj-00742-UA] (Entered: 05/04/2010)
05/04/201012  INDICTMENT FILED as to Kenneth Heller (1) count(s) 1-3, 4-6. (jm) (Entered: 05/04/2010)
05/04/2010 Case Designated ECF as to Kenneth Heller. (jm) (Entered: 05/04/2010)
05/06/201013 NOTICE OF ATTORNEY APPEARANCE: Jeffrey Harris appearing for Kenneth Heller. (Harris, Jeffrey) (Entered: 05/06/2010)
05/11/201014 NOTICE of Filing Good Standing Certificate as to Kenneth Heller re: 13 Notice of Attorney Appearance - Defendant. (Attachments: # 1 Certificate of Good Standing)(Harris, Jeffrey) (Entered: 05/11/2010)
05/12/2010 Minute Entry for proceedings held before Judge P. Kevin Castel: Arraignment as to Kenneth Heller (1) Count 1-3,4-6 held on 5/12/2010. Defendant is present with attorney Jeffrey Harris and Frederick Dunne. AUSA David Massey present. Special Agent: Elvis Paliska. Court Reporter: Paula Speer. Application to waive the public reading is granted. Defendant pleads not guilty to the Indictment. Next conference is scheduled for July 19, 2010 at 12:00 p.m. May 4 to May 12 is excluded under the Speedy Trial Act. Time from today until the next conference date of July 19, 2010 is excluded under the Speedy Trial Act. Defendant is remanded into custody. (bw) (Entered: 05/17/2010)
05/12/2010 Minute Entry for proceedings held before Judge P. Kevin Castel: Plea entered by Kenneth Heller (1) Count 1-3,4-6 -- Not Guilty. (bw) (Entered: 05/17/2010)
05/12/2010 ORAL ORDER as to Kenneth Heller. Time excluded from 5/4/2010 until 5/12/2010. (bw) (Entered: 05/17/2010)
05/12/2010 ORAL ORDER as to Kenneth Heller. Time excluded from 5/12/2010 until 7/19/2010. Pretrial Conference set for 7/19/2010 at 12:00 PM before Judge P. Kevin Castel. (bw) (Entered: 05/17/2010)
06/08/201015 TRANSCRIPT of Proceedings as to Kenneth Heller held on April 30, 2010 11:15 a.m. before Magistrate Judge James L. Cott. (ajc) (Entered: 06/09/2010)
06/08/201016 TRANSCRIPT of Proceedings as to Kenneth Heller held on 5/12/2010 before Judge P. Kevin Castel. (ja) (Entered: 06/14/2010)
06/29/201017 NOTICE OF ATTORNEY APPEARANCE: Marc Antony Agnifilo appearing for Kenneth Heller. (Agnifilo, Marc) (Entered: 06/29/2010)
07/01/201018 NOTICE OF ATTORNEY APPEARANCE: Osnat Lupesko-Persky appearing for Kenneth Heller. (Lupesko-Persky, Osnat) (Entered: 07/01/2010)
07/12/201019 ORDER as to Kenneth Heller: The status conference previously scheduled for 7/19/2010, is adjourned until 8/25/2010 at 12:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. Accordingly, the time between 7/19/2010 and 8/25/2010 is excluded. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/12/2010)(ab) (Entered: 07/12/2010)
07/16/201020 Letter addressed to Jeffrey Harris, Esq. from Kenneth Heller dated 6/30/2010 re: The defendant writes to inform counsel he does not wish for Mr. Harris to represent him any longer. The defendant asks for any and all documents and correspondence to be forwarded to to him immediately. (ab) (Entered: 07/16/2010)
08/03/201021 ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Kenneth Heller. Upon the application of defense counsel, consented to by the government, the status conference previously scheduled for August 25, 2010 is adjourned until September 29, 2010 at 12:30 p.m. in Courtroom 12C. I find that the ends of justice will be served by granting a continuance and that taking such action outweighs the best interest of the public and the defendant in a speedy trial. My reasons for this finding are that the grant of the continuance is needed to permit the parties to continue discovery and to accommodate schedules. Accordingly, the time between today and September 29, 2010 is excluded. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/2/2010)(dnd) (Entered: 08/03/2010)
08/23/201022  MOTION to Quash Grand Jury Subpoena. Document filed by Kenneth Heller. (Agnifilo, Marc) (Entered: 08/23/2010)
08/24/201023 Letter by Kenneth Heller addressed to Judge Castel from Kenneth Heller dated 8/24/2010 re: Unfortunately my attorney Marc Agnifilo, Esq. has family problems which occupied him, his daughter was hospitalized and he was unable to present his motion to quash until yesterday. He failed to seek my review and input. I noticed a serious error which I wish to formally correct now in this application to quash the subpoena if so permitted by the court. Alternatively if not permitted I would move formally to correct the motion to quash. Specifically the correction was intended to be made on page 5, paragraph 2, which sentence states: "Second defendant's medical condition is wholly irrelevant to whether or not he failed to file tax documents or committed other tax offenses." (jw) (Entered: 08/24/2010)
09/29/201024  MOTION for Hearing Competency Hearing. Document filed by Kenneth Heller. (Agnifilo, Marc) (Entered: 09/29/2010)
09/29/2010 Minute Entry for proceedings held before Judge P. Kevin Castel:Status Conference as to Kenneth Heller held on 9/29/2010 at 12:45 pm, duration 15 minutes. Defendant is present with attorney Jeffrey Harris and Marc Agnifilo. AUSA David Massey present. Court Reporter: Joanne Mancari. A competency hearing is scheduled for December 22, 2010 at 2:00 p.m. Time is excluded until December 22, 2010. Defendant remains out on bail. (ajc) (Entered: 09/29/2010)
09/29/2010 ORAL ORDER as to Kenneth Heller; Time excluded from 9/29/2010 until 12/22/2010. As to Kenneth Heller( Competency Hearing set for 12/22/2010 at 02:00 PM before Judge P. Kevin Castel). (ajc) (Entered: 09/29/2010)
10/01/201025 ENDORSED LETTER as to Kenneth Heller addressed to Judge P. Kevin Castel from Attorney Marc Agnifilo dated September 30, 2010 re: Given this agreed-upon procedure (see letter), I believe both the grand jury subpoena to Doctor Lyden as well as the motion to quash such subpoena can be held in abeyance until further order of the court, and until the relevant medical records are provided to both parties and the court. ENDORSEMENT: Motion to quash is deemed withdrawn without prejudice. Compliance with the grand jury subpoena directed to medical records is stayed pending further order. The agreement reflected in the second paragraph of the 9/30/10 letter of Mr. Agnifilo is adopted as an Order of this Court. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/30/2010)(bw) (Entered: 10/01/2010)
10/01/201026 MEMO ENDORSEMENT as to Kenneth Heller on re: 22 MOTION to Quash Grand Jury Subpoena, filed by Kenneth Heller. ENDORSEMENT: See Letter of 9/30/10. Deemed withdrawn without prejudice. So Ordered. (Signed by Judge P. Kevin Castel on 9/30/2010)(bw) (Entered: 10/01/2010)
10/01/201027 ORDER DIRECTING EXAMINATION AND REPORT as to Kenneth Heller.... it is hereby: ORDERED, pursuant to 18 USC Section 4241(b), that Dr. Steven K. Hoge, M.D., a qualified psychiatrist, and Dr. Barry Rosenfeld, a qualified psychologist, conduct psychological/psychiatric examinations of KENNETH HELLER;...[see Order for complete details]... IT IS FURTHER ORDERED that the parties and Drs. Hoge and Rosenfeld shall appear before the Court for a hearing on December 22, 2010 at 2:00 p.m. SO ORDERED: (Signed by Judge P. Kevin Castel on 10/1/2010)(bw) (Entered: 10/01/2010)
10/01/2010 Set/Reset Hearings as to Kenneth Heller: Status Conference set for 12/22/2010 at 02:00 PM before Judge P. Kevin Castel. [*** SEE ORDER, DOC.#27 ***] (bw) (Entered: 10/01/2010)
11/05/201028 TRANSCRIPT of Proceedings as to Kenneth Heller held on 9/29/10 before Judge P. Kevin Castel. (pl) (Entered: 11/10/2010)
12/08/201029 ORDER TO CONTINUE IN THE INTEREST OF JUSTICE as to Kenneth Heller. The competency hearing previously scheduled for 12/22/2010 is adjourned until 1/24/2011 at 2 p.m. in Courtroom 12C. Time excluded from 12/8/2010 until 1/24/2011.... SO ORDERED. ( Competency Hearing set for 1/24/2011 at 02:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 12/8/2010)(ja) (Entered: 12/08/2010)
01/10/201130 PROBATION FORM PETITION as to Kenneth Heller. Petitioning the Court: That the defendant's existing bail conditions be modified from strict supervision that includes bi-weekly office visits to reporting to Pretrial Services weekly by phone. The Court Orders: Considered and ordered on this 10th day of January, 2011and ordered filed and made a part of the records in the above case. (Signed by Judge P. Kevin Castel on 1/10/2011)(dnd) (Entered: 01/10/2011)
01/20/201131 ORDER as to Kenneth Heller: The competency hearing previously scheduled for 1/24/2011, is adjourned to 2/28/2011 at 11:45 AM in Courtroom 12C. The time between today and 2/28/2011 is excluded. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/19/2011)(ab) (Entered: 01/20/2011)
02/24/201132 ENDORSED LETTER as to Kenneth Heller addressed to Judge P. Kevin Castel from Jeffrey Harris dated 2/24/2011 re: Counsel writes to propose that, on Monday counsel for Mr. Heller will make a proffer of what these additional witnesses are expected to say if called so that counsel can get the Court's guidance on whether it will hear any or all of these witnesses. Once the Court heard and ruled on this proffer, the Court schedule a time to hear the testimony from the Court's appointed doctors as well as any other witnesses the Court will hear. ENDORSED: The hearing will commence at 11:45 AM on 2/28/2011 and will continue until completion. If either side does not have its witnesses available to testify, they will be deemed to have rested. The hearing, if necessary, will continue on 3/1/2011 at 10:00 AM and continue until completion. Defense counsel is free to make a written proposal provided he does so by fax to Chambers by 5:00 PM on 2/25/2011. (Signed by Judge P. Kevin Castel on 2/24/2011)(ab) (Entered: 02/24/2011)
02/28/2011 Minute Entry for proceedings held before Judge P. Kevin Castel:Competency Hearing as to Kenneth Heller held on 2/28/2011 at 12:00 pm, duration 10 minutes. Defendant (not present). Defense attorneys Jeffrey Harris and Marc Agnifilo, present. AUSA David Massey, Elvis Paliska - Special Agent IRS, intern - Devin Lopresti present. Court Reporter: Kristine Sellin.Defendants failure to appear as required for todays hearing, an arrestwarrant is issued. Compentency Hearing will reconvene on March 1, 2011 at10:00 a.m. (ajc) (Entered: 02/28/2011)
02/28/2011  As to Kenneth Heller: Competency Hearing set for 3/1/2011 at 10:00 AM before Judge P. Kevin Castel. (ajc) (Entered: 02/28/2011)
02/28/2011 Minute Entry for proceedings held before Judge P. Kevin Castel:Competency Hearing as to Kenneth Heller held on 2/28/2011 at 12:00 pm, duration 1 hour 15 minutes. Defense attorneys Jeffrey Harris and Marc Agnifilo, present. AUSA David Massey, Elvis Paliska - Special Agent IRS, present. Court Reporter: Kristine Sellin. 12:00 p.m. - 12:10 p.m. Defendants failure to appear as required for todays hearing, an arrest warrant is issued. (10 mns.)3:05 pm - 3:15 p.m. Defendant appeared this afternoon. Court orders remanded to stand. Hearing reconvenes at 3:40 pm. (10 mns.)3:40 pm - 4:35 p.m. Govt direct testimony. Government Rests. Defendant Rests. Court concludes that defendant is competent to stand trial. Bench warrant is vacated. Next conference is scheduled March 25, 2011 at 2:00 pm. Times is excluded until 3/25/2011. Defendants bail continues. (55 mns.) (ajc) (Entered: 03/01/2011)
02/28/2011 ORAL ORDER as to Kenneth Heller: Time excluded from 2/28/2011 until 3/25/2011. As to Kenneth Heller( Status Conference set for 3/25/2011 at 02:00 PM before Judge P. Kevin Castel). (ajc) (Entered: 03/01/2011)
03/18/201133 TRANSCRIPT of Proceedings as to Kenneth Heller held on February 28, 2011 11:59 a.m. before Judge P. Kevin Castel. (ajc) (Entered: 03/24/2011)
03/24/201134 S(1) SUPERSEDING INDICTMENT FILED as to Kenneth Heller (1) count(s) 1s, 2s-5s, 6s-8s, 9s-11s, 12s. (jbo) Modified on 3/25/2011 (jbo). (Entered: 03/25/2011)
03/24/201136 TRANSCRIPT of Proceedings as to Kenneth Heller held on February 28, 2011 11:59 a.m. before Judge P. Kevin Castel. (ajc) (Entered: 03/28/2011)
03/25/201135 NOTICE OF ATTORNEY APPEARANCE, dated 3/24/2011: Attorney Robert S. Fink appearing for Kenneth Heller. (bw) (Entered: 03/25/2011)
03/25/2011 Attorney update in case as to Kenneth Heller. Attorney Robert Steven Fink for Kenneth Heller added. (bw) (Entered: 03/25/2011)
03/25/2011 Minute Entry for proceedings held before Judge P. Kevin Castel:Status Conference as to Kenneth Heller held on 3/25/2011. Defendant present. Defense attorneys Marc Agnifilo, present. AUSA DavidMassey, Elvis Paliska - Special Agent IRS, present. Court Reporter:Denise Richards. Marc Agnifilios application to withdraw as counsel isgranted. Robert Fink is substituted as counsel of record. Next conferenceis scheduled for May 2, 2011 at 11:30 a.m. Time is excluded until May 2,2011. Defendants bail continues. (ajc) (Entered: 03/29/2011)
03/25/2011 ORAL ORDER as to Kenneth Heller: Time excluded from 3/25/2011 until 5/2/2011. As to Kenneth Heller( Status Conference set for 5/2/2011 at 11:30 AM before Judge P. Kevin Castel). (ajc) (Entered: 03/29/2011)
03/25/201137 NOTICE OF ATTORNEY APPEARANCE: Robert Steven Fink appearing for Kenneth Heller. (jw) (Entered: 04/01/2011)
04/21/201138 TRANSCRIPT of Proceedings as to Kenneth Heller held on 3/25/2011 before Judge P. Kevin Castel. (ja) (Entered: 04/21/2011)
05/02/2011 Minute Entry for proceedings held before Judge P. Kevin Castel:Status Conference as to Kenneth Heller held on 5/2/2011, as to Kenneth Heller( Motions due by 5/23/2011., Deft Replies due by 6/21/2011., Government Responses due by 6/13/2011, Status Conference set for 6/27/2011 at 11:00 AM before Judge P. Kevin Castel.) Defendant present with attorneys Robert Fink and Brian Ketcham. AUSA David Massey, present. Court Reporter: Sam Mauro. Motion Schedule: defs motions due May 23, 2011, govt response due June 13, 2011, defs reply due June 21, 2011. Next conference is scheduled for June 27, 2011 at 11:00 a.m. Time is excluded until June 27, 2011. Defendants bail continues. (jw) (Entered: 05/02/2011)
05/16/201139 TRANSCRIPT of Proceedings as to Kenneth Heller held on May 2, 2011 11:50 a.m. before Judge P. Kevin Castel. (jab) (Entered: 05/17/2011)
05/16/201140 TRANSCRIPT of Proceedings as to Kenneth Heller held on March 25, 2011 2:00 p.m. before Judge P. Kevin Castel. (ajc) (Entered: 05/18/2011)
05/23/201141  MOTION to Strike Document No. 34 Superseding Indictment. Document filed by Kenneth Heller. (Fink, Robert) (Entered: 05/23/2011)
05/23/201142 MEMORANDUM in Support by Kenneth Heller re 41 MOTION to Strike Document No. 34 Superseding Indictment.. (Fink, Robert) (Entered: 05/23/2011)
05/23/201143  MOTION for Bill of Particulars. Document filed by Kenneth Heller. (Fink, Robert) (Entered: 05/23/2011)
05/23/201144 MEMORANDUM in Support by Kenneth Heller re 43 MOTION for Bill of Particulars.. (Fink, Robert) (Entered: 05/23/2011)
05/23/201145 DECLARATION of Robert S. Fink in Support as to Kenneth Heller re: 43 MOTION for Bill of Particulars.. (Attachments: # 1 Exhibit A)(Fink, Robert) (Entered: 05/23/2011)
05/23/201146  MOTION for Discovery. Document filed by Kenneth Heller. (Fink, Robert) (Entered: 05/23/2011)
05/23/201147 MEMORANDUM in Support by Kenneth Heller re 46 MOTION for Discovery.. (Fink, Robert) (Entered: 05/23/2011)
05/23/201148 DECLARATION of Robert S. Fink in Support as to Kenneth Heller re: 46 MOTION for Discovery.. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B)(Fink, Robert) (Entered: 05/23/2011)
05/23/201149  MOTION to Suppress. Document filed by Kenneth Heller. (Fink, Robert) (Entered: 05/23/2011)
05/23/201150 MEMORANDUM in Support by Kenneth Heller re 49 MOTION to Suppress.. (Fink, Robert) (Entered: 05/23/2011)
05/23/201151 DECLARATION of Robert S. Fink in Support as to Kenneth Heller re: 49 MOTION to Suppress.. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D)(Fink, Robert) (Entered: 05/23/2011)
05/27/201152 TRANSCRIPT of Proceedings as to Kenneth Heller held on May 2, 2011 at 11:50 a.m. before Judge P. Kevin Castel. (jab) (Entered: 05/31/2011)
06/09/201153 ENDORSED LETTER as to Kenneth Heller addressed to Judge P. Kevin Castel from David B. Massey re: Reschedule Briefing as to Kenneth Heller(Defense Replies due by 7/7/2011., Government Responses due by 6/30/2011, Status Conference set for 7/14/2011 at 11:30 AM before Judge P. Kevin Castel.), ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT as to Kenneth Heller. Time excluded from 6/8/11 until 7/14/11....ENDORSEMENT..Schedule approved. Time excluded under the speedy trial act to July 14 for the reasons set forth in government's letter of June 8, 2011. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/8/11)(jw) (Entered: 06/09/2011)
06/22/201154 ENDORSED LETTER as to Kenneth Heller addressed to Judge P. Kevin Castel from AUSA David B. Massey dated June 22, 2011 re: The Government writes to advise the Court that the parties have reached an agreement concerning the disposition of this case through a guilty plea. The Government understands that the Court is available for a plea on June 27, 2011 at 11:00 a.m., and the Government requests that the plea hearing be scheduled for that time. In addition, in an abundance of caution, the Government requests an adjournment of the motion briefing schedule and requests that these dates be pushed back by approximately two weeks, as follows: Gov't opposition papers: July 14, 2011, Defense reply: July 21, 2011, Conference/Hearing: Week of August 1, 2011. ENDORSEMENT: Revised Schedule approved with conference date to be set. SO ORDERED. (Signed by Judge P. Kevin Castel on 6/22/2011)(bw) (Entered: 06/23/2011)
06/22/2011 Terminate Deadlines and Hearings as to Kenneth Heller: Terminated Status Conference set for 7/14/2011 at 11:30 AM before Judge P. Kevin Castel. (bw) (Entered: 06/23/2011)
06/27/2011 Minute Entry for proceedings held before Judge P. Kevin Castel: Arraignment as to Kenneth Heller (1) Counts 9s-11s held on 6/27/2011. Defendant present with attorneys Robert Fink and Brian Ketcham. AUSA David Massey, present. Court Reporter: Steven Greenblum. Defendant pleads guilty to Counts 9, 10, and 11 of S1 Indictment. Sentencing is scheduled for September 27, 2011 at 11:00 a.m. Defendants bail continues. (dnd) (Entered: 06/27/2011)
06/27/2011 Minute Entry for proceedings held before Judge Kimba M. Wood: Pretrial Conference as to Kenneth Heller held on 6/27/2011, as to Kenneth Heller. Defendant Orlando Gonzalez is present with his attorney Thomas Nooter. AUSA's Peter Skinner and Serrin Turner are present. Court reporter is present. Court interpreter is present. Conference is held (see transcript). Trial is scheduled for October 3, 3011 at 9:30 a.m. Request to charge and voir dire are due September 23, 2011. Motions in limine are due September 16, 2011. The Court finds that the time between July 4 and July 22 is not excludable. The time between July 25 and October 3, 2011 is excluded, Should trial be held, in the alternative, on September 6, 2011, requests to charge and voir dire would be due August 26. Motions in limine would be due August 5, with defendant's response due August 12. The parties shall submit to the Court, by June 29, whether the time excluded from July 25 and October 3 is proper. (dnd) (Entered: 06/27/2011)
08/01/201155 TRANSCRIPT of Proceedings as to Kenneth Heller held on 6/27/11 before Judge P. Kevin Castel. (jw) (Entered: 08/01/2011)
09/07/201156 ENDORSED LETTER as to Kenneth Heller addressed to Judge P. Kevin Castel from Robert S. Fink dated 9/6/2011 re: Counsel writes to request an adjournment of the sentencing currently scheduled for 9/27/2011. ENDORSEMENT: Sentencing adjourned from 9/27/2011 to 12/14/2011 at 11:00 AM. (Signed by Judge P. Kevin Castel on 9/6/2011) (ab) (Entered: 09/07/2011)
11/29/201157 ENDORSED LETTER as to Kenneth Heller addressed to Judge P. Kevin Castel, from Robert S. Fink, attorney for defendant, dated 11/28/2011, re: request adjournment of sentencing, currently scheduled for December 14, 2011. -- Judge endorsed: This is it. No further adjournments. All sentencing submissions to the Court are due no later than January 6, 2012. Sentencing adjourned to January 20, 2012 at 11:45 a.m. SO ORDERED. ( Sentencing set for 1/20/2012 at 11:45 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 11/28/2011)(ja) (Entered: 11/29/2011)
01/06/201258 SENTENCING MEMORANDUM by Kenneth Heller. (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)(Fink, Robert) (Entered: 01/06/2012)
01/07/201259 SENTENCING MEMORANDUM by USA as to Kenneth Heller. (Massey, David) (Entered: 01/07/2012)
01/20/2012 Minute Entry for proceedings held before Judge P. Kevin Castel: Sentencing held on 1/20/2012 for Kenneth Heller (1) Counts 9s-11s. Defendant present with attorneys Robert Fink and Brian Ketcham. AUSA David Massey, present. Elvis Paliska - Special Agent - IRS, present. Court Reporter: Jerry Harrison. Defendant is sentenced to 45 days imprisonment, 2 years supervised release, a fine in the amount of $180,000, and a special assessment of $300. Defendant is to surrender on April 2, 2012 at 2:00 p.m. (ja) (Entered: 01/24/2012)
01/23/2012 DISMISSAL OF COUNTS on Government Motion as to Kenneth Heller (1) Counts 1-3, 1s, 2s-5s, 4-6, 6s-8s, and 12s. (ja) (Entered: 01/24/2012)
01/23/201260 FILED JUDGMENT IN A CRIMINAL CASE as to Kenneth Heller (1), Count(s) 1-3, 2s-5s, 4-6, 6s-8s, 12s, 1s, dismissed on the motion of the U.S. The defendant Kenneth Heller pleaded guilty to Count(s) 9s-11s, Imprisonment: 45 days on Counts 9, 10, and 11, to run concurrently. The Court recommends to the Bureau of Prisons to consider Mr. Heller's mental and physical health when selecting place of incarceration. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before 2 p.m. on 4/2/2012. Supervised Release: 2 years. SA: $300.00. Fine: $180,000.00. (Signed by Judge P. Kevin Castel on 1/23/2012)(ja) (Entered: 01/24/2012)
01/23/201261 TRANSCRIPT of Proceedings as to Kenneth Heller held on 1/20/2012 before Judge P. Kevin Castel. (jfe) (Entered: 01/24/2012)
01/23/2012 Judgment entered in money judgment book as #12,0122 as to Kenneth Heller in the amount of $ 180,300.00, re: 60 Judgment. (jnm) (Entered: 01/25/2012)
02/01/2012 Payment of Special Assessment from Kenneth Heller in the amount of $300.00. Date Received: 1/31/12. (mn) (Entered: 02/01/2012)
02/01/2012 Payment of Fine from Kenneth Heller in the amount of $180,000.00. Date Received: 1/31/12. (mn) (Entered: 02/01/2012)
02/24/201262 SATISFACTION OF JUDGMENT as to Kenneth Heller re 60 Judgment, in the amount of $180,300.00. Judgment satisfied on 2/24/2012. (dnd) (Entered: 02/27/2012)
03/26/201263 ENDORSED LETTER: As to Kenneth Heller, addressed to Judge P. Kevin Castel from Robert S. Fink dated 3/23/2012 re: Defense counsel writes on behalf of the defendant to request a brief adjournment of the defendant's sentencing date to April 17, 2012 so that he can spend Passover with his family. ENDORSEMENT: Defendant shall surrender to the institution designated by the U.S. Bureau of Prisons or to the U.S. Marshal for this district if no institution is designated by 2:00 p.m. on April 17, 2012. There will be no further adjournment.SO ORDERED. (Signed by Judge P. Kevin Castel on 3/23/2012)(dnd) (Entered: 03/26/2012)
05/10/201264 ENDORSED LETTER as to Kenneth Heller addressed to Judge Kevin Castel from Robert S. Fink dated 5/10/12 re: Request that the Court direct the Pretrial Services Office to release Mr. Heller's passport to the undersigned counsel...ENDORSEMENT..Application granted without objection from the government. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/10/12)(jw) (Entered: 05/10/2012)
07/09/201265 ENDORSED LETTER as to Kenneth Heller addressed to Judge P. Kevin Castel from Robert S. Fink dated 7/9/2012 re: For the foregoing reasons, we respectfully request that the Court issue an Order authorizing the Clerk to release the bail funds posted by Mr. Heller and Rubin Winston on Mr. Heller's behalf directly to Mr. Heller. ENDORSEMENT: Based upon the representation of counsel in the July 9, 2012 letter of Mr. Fink, the application is GRANTED. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/9/2012)(dnd) (Entered: 07/09/2012)
07/16/2012 CASH BAIL RETURNED as to Kenneth Heller dated 07/09/2012, from Judge Judge P. Kevin Castel, in the amount of $500,000.00, Check No. 00954410, Check Dated 07/11/2012, payable to KENNETH HELLER and picked up by BRIAN KETCHAM on 07/16/12. (jd) (Entered: 07/16/2012)

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