CLOSED,ECF

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:10-cr-00334-DC-1


Case title: USA v. Hernandez

Date Filed: 04/15/2010
Date Terminated: 09/27/2010

Assigned to: Judge Denny Chin

Defendant (1)
Federico Hernandez
TERMINATED: 09/27/2010
represented byNancy Lynn Kestenbaum
Covington & Burling LLP(NYC)
620 Eighth Avenue
New York, NY 10018-1405
212-841-1125
Fax: 646-441-9125
Email: nkestenbaum@cov.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
FRAUD AND FALSE STATEMENTS
(1-5)
Imprisonment: 12 Months; Supervised Release: 1 Year

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


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
04/12/20101 NOTICE OF INTENT TO FILE an Information by U.S.A. as to Federico Hernandez. (jw) (Entered: 04/19/2010)
04/15/2010 Case Designated ECF as to Federico Hernandez. (jm) (Entered: 04/15/2010)
04/15/20102  INFORMATION (Felony) filed as to Federico Hernandez (1) count(s) 1-5. (jw) (Entered: 04/19/2010)
04/15/2010 Minute Entry for proceedings held before Judge Denny Chin:Initial Appearance as to Federico Hernandez held on 4/15/2010. (jw) (Entered: 04/19/2010)
04/15/20103 WAIVER OF INDICTMENT by Federico Hernandez. (jw) (Entered: 04/19/2010)
04/15/2010 Minute Entry for proceedings held before Judge Denny Chin:Arraignment as to Federico Hernandez (1) Count 1-5 held on 4/15/2010. Deft Federico Hernandez present with atty Nancy Kestenbaum and Barbara Hoffman. AUSA David Massey present. Deft waives indictment and pleads guilty to count 1-5 of the information. PSI ordered. Sentence date set for 7/15/2010 at 10:00am. Bail PRB that within 2 weeks Post property (199 Ocean lane Dr., Key Biscayne Florida, valued at $500,000.00) report to PTS weekly, telephonally, if not in person. Surrender passport, travel restricted to SDNY,EDNY. (jw) (Entered: 04/19/2010)
04/15/2010 Minute Entry for proceedings held before Judge Denny Chin: Plea entered by Federico Hernandez (1) Guilty as to Count 1-5. (jw) (Entered: 04/19/2010)
04/15/2010 Order of Referral to Probation for Presentence Investigation and Report as to Federico Hernandez. (Signed by Judge Denny Chin on 4/15/2010)(jw) (Entered: 04/19/2010)
04/15/20104 AGREEMENT TO FORFEIT PROPERTY by Federico Hernandez. $500,000 PRB to be secured within two weeks by property valued at $500,000 at 199 Ocean Lane Drive, Key Biscayne, Florida. Deft to report to pretrial services weekly (telephonically, if not in person). Surrender passport, no new applications. Travel restricted to SDNY/EDNY. Deft to be released today. (jw) (Entered: 04/19/2010)
04/15/2010 Minute Entry for proceedings held before Judge Denny Chin:Bond Hearing on Bail Disposition Sheet as to Federico Hernandez held on 4/15/2010. Deft present with atty Nancy Kestenbaum and Barbara Hoffman. AUSA David Massey present. PRB in the amount of $500,000.00 within in 2 weeks post property (199 Ocean Lane Drive, Key Biscayne, Florida) value at $500,000.00 report to pretrial weekly (telephonically, if not in person), surrender passport, no new applications. Travel restricted between SDNY & EDNY. (jw) (Entered: 04/19/2010)
04/26/2010TRANSCRIPT of Proceedings as to Federico Hernandez held on April 15, 2010 11:10 p.m. before Judge Denny Chin. (ajc) (Entered: 04/26/2010)
06/16/20106 ENDORSED LETTER as to Federico Hernandez addressed to Judge Denny Chin from Attorney Barbara Hoffman dated June 15, 2010 re: submitted to request that Mr. Federico Hernandez's conditions of release be temporarily modified. The purpose of the requested modification is to permit Mr. Hernandez to travel to Miami-Dade County, Florida, on June 19, returning on June 26, in order to settle his affairs there. ENDORSEMENT: So Ordered. (Signed by Judge Denny Chin on 6/16/2010)(bw) (Entered: 06/16/2010)
07/06/20107 ENDORSED LETTER as to Federico Hernandez addressed to Judge Denny Chin from Nancy Kestenbaum dated 7/2/2010 re: Counsel writes to request that the Court adjourn the defendant's sentencing until 8/12/2010. Endorsed: Adjourned to 8/12/2010 at 11:00 AM before Judge Denny Chin. SO ORDERED. (Signed by Judge Denny Chin on 7/2/2010)(ab) (Entered: 07/06/2010)
08/10/20108 ENDORSED LETTER as to Federico Hernandez, addressed to Judge Chin, from David B. Massey, AUSA, dated 8/10/2010, re: the gov't with the consent of the defense, request an adjournment of the sentencing. -- Judge endorsed: Adjourned to 9/17/2010 at 10 a.m. SO ORDERED. ( Sentencing set for 9/17/2010 at 10:00 AM before Judge Denny Chin.) (Signed by Judge Denny Chin on 8/10/2010)(ja) (Entered: 08/11/2010)
08/11/20109 ENDORSED LETTER as to Federico Hernandez addressed to Judge Denny Chin from Attorney Barbara Hoffman dated August 11, 2010 re: submitted to request that Mr. Federico Hernandez's conditions of release be temporarily modified. The purpose of the requested modification is to permit Mr. Hernandez to travel with his family to Miami-Dade County, Florida, on August 16, returning on August 26. ENDORSEMENT: So Ordered. (Signed by Judge Denny Chin on 8/11/2010)(bw) (Entered: 08/12/2010)
09/10/201010 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Sentencing Letter by USA as to Federico Hernandez addressed to Hon. Denny Chin from AUSA David B. Massey dated September 10, 2010 re: Sentencing of Federico Hernandez. (Massey, David) Modified on 9/13/2010 (KA). (Entered: 09/10/2010)
09/13/2010 NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney David Benton Massey as to Federico Hernandez: to RE-FILE Document 10 Letter - Sentencing. Use the document type Sentencing Memorandum found under the document list Other Documents. (KA) (Entered: 09/13/2010)
09/16/201011 SENTENCING MEMORANDUM by USA as to Federico Hernandez. (Massey, David) (Entered: 09/16/2010)
09/17/2010 Minute Entry for proceedings held before Judge Denny Chin: Sentencing held on 9/17/2010 for Federico Hernandez (1) Count 1-5. (dnd) (Entered: 09/27/2010)
09/27/201012 JUDGMENT as to Federico Hernandez (1), Count(s) 1-5, Imprisonment: 12 Months and one day on each of Counts 1,2,3,4 & 5 of the Information, to run concurrently. Supervised Release: 1 Year and one day on each of Counts 1,2,3,4 & 5 of the Information, to run concurrently. The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the Defendant to be designated to the F.C.I. Otisville Satellite Camp if appropriate. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons before noon on November 9, 2010.The drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. The defendant shall cooperate in the collection of DNA as directed by the probation officer. The defendant is to pay an assessment fee of $500.00, a fine of $4,000.00 and restitution of $84,423.00 as a lump sum payment of $88,923.00 due immediately. (Signed by Judge Denny Chin on 9/27/2010)(dnd) (Entered: 09/27/2010)
09/27/2010 Judgment entered in money judgment book as #,10,1689 as to Federico Hernandez in the amount of $ 88,923.00, re: 12 Judgment. (dt) (Entered: 10/01/2010)
09/28/2010 Payment of Fine from Federico Hernandez in the amount of $4,000.00. Date Received: 9/28/10. (mn) Modified on 9/29/2010 (mn). (Entered: 09/28/2010)
09/29/2010 Payment of Special Assessment from Federico Hernandez in the amount of $500.00. Date Received: 9/28/10. (mn) (Entered: 09/29/2010)
10/04/201013 TRANSCRIPT of Proceedings as to Federico Hernandez held on September 17, 2010 before Judge Denny Chin. (mro) (Entered: 10/05/2010)
10/22/201014 ORDER as to Federico Hernandez. IT IS HEREBY ORDERED as follows: 1. The Court recommends to the Bureau of Prisons that the, Defendant be re-designatedto an available minimum-security federal Prison Camp if appropriate either at Fort Dix, Canaan, Lewisburg or Otisville; 2. The Defendant is granted a two-week stay of his surrender date, changing his surrender date from November 9, 2010 to November 23, 2010 to allow time for the Bureau of Prisons to consider the Court's recommendation; 3. A copy of this Order is to be served by the Clerk of the Court on the United States Marshals) Southern District of New York; and the Marshals shall forthwith deliver a true copy of this order to the Bureau of Prisons) Designation & Sentence Computation Center. SO ORDERED. (Signed by Judge Denny Chin on 10/22/2010)(jw) (Entered: 10/25/2010)
03/02/201115 SATISFACTION OF JUDGMENT as to Federico Hernandez re 12 Judgment, in the amount of $88,923.00. Judgment satisfied on 3/2/2011. (dnd) (Entered: 03/07/2011)
12/04/201216 SEALED DOCUMENT placed in vault. (nm) Modified on 12/5/2012 (nm). (Entered: 12/05/2012)
12/05/201217 SEALED DOCUMENT placed in vault. (mps) (Entered: 12/05/2012)
12/05/201218 SEALED DOCUMENT placed in vault. (mps) (Entered: 12/05/2012)


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