CLOSED

U.S. District Court
Eastern District of Virginia - (Alexandria)
CRIMINAL DOCKET FOR CASE #: 1:16-cr-00224-TSE All Defendants


Case title: USA v. Horsky

Date Filed: 10/05/2016
Date Terminated: 02/10/2017

Assigned to: District Judge T. S. Ellis, III

Defendant (1)
Dan Horsky
TERMINATED: 02/10/2017
represented byMatthew Conner Hicks
Caplin & Drysdale Chartered
One Thomas Circle, NW
Suite 1100
Washington, DC 20005
202-862-5000
Fax: 202-429-3301
Email: mhicks@capdale.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
18 U.S.C. ยง 371 Conspiracy to Defraud the United States (2015)
(1)
7 months BOP, 1 year SR w/ special conditions, $15,905,755.00 Restitution Order, $250,000.00 Fine, $100.00 SA

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byMark Lytle
United States Attorney's Office
2100 Jamieson Ave
Alexandria, VA 22314
(703)299-3700
Email: mark.lytle@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: US Attorney

Robert J. Boudreau
US Attorney's Office (Alexandria-NA)
2100 Jamieson Avenue
Alexandria, VA 22314
NA
703-299-3700
Email: ROBERT.J.BOUDREAU@USDOJ.GOV
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mark Francis Daly
US Attorney's Office (Alexandria-NA)
2100 Jamieson Avenue
Alexandria, VA 22314
NA
703-299-3700
Email: mark.f.daly@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/11/2016 Set/Reset Hearings as to Dan Horsky: Plea Agreement Hearing set for 11/4/2016 at 01:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (mpha) (Entered: 10/11/2016)
10/12/20162 NOTICE OF ATTORNEY APPEARANCE Mark Francis Daly appearing for USA. (Daly, Mark) (Entered: 10/12/2016)
10/12/20163 NOTICE OF ATTORNEY APPEARANCE Robert J. Boudreau appearing for USA. (Boudreau, Robert) (Entered: 10/12/2016)
10/27/20164 NOTICE OF ATTORNEY APPEARANCE: Matthew Conner Hicks appearing for Dan Horsky (Hicks, Matthew) (Entered: 10/27/2016)
10/27/20165  Motion to appear Pro Hac Vice by Mark Edward Matthews and Certification of Local Counsel Matthew Conner Hicks (Filing fee $ 75 receipt number 0422-5224970.) by Dan Horsky. (Hicks, Matthew) (Entered: 10/27/2016)
10/27/20166  Motion to appear Pro Hac Vice by Seth Kossman and Certification of Local Counsel Matthew Conner Hicks (Filing fee $ 75 receipt number 0422-5224971.) by Dan Horsky. (Hicks, Matthew) (Entered: 10/27/2016)
10/28/20167 ORDER granting 5 Motion for Pro hac vice as to Dan Horsky (1). Signed by District Judge T. S. Ellis, III on 10/28/2016. (rban, ) (Entered: 10/28/2016)
10/28/20168 ORDER granting 6 Motion for Pro hac vice as to Dan Horsky (1). Signed by District Judge T. S. Ellis, III on 10/28/2016. (rban, ) (Entered: 10/28/2016)
11/04/20169 WAIVER OF INDICTMENT by Dan Horsky (1). (mpha) (Entered: 11/08/2016)
11/04/201610 CRIMINAL INFORMATION as to Dan Horsky (1) count 1. (mpha) (Entered: 11/08/2016)
11/04/201611 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Pre-indictment Plea Hearing as to Dan Horsky held on 11/8/2016. Defendant present w/ counsel Matthew C. Hicks, Mark E. Matthews, and Seth Kossman. Mark Lytle, Robert J. Boudreau, and Mark F. Daly present on behalf of USA. Defendant PG to Count 1 of the Information. The Court accepts plea and defendant directed to USPO for PSIR. Sentencing set for 2/10/2017 at 09:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. Defendant released on $100,000.00 Cash Bond w/ conditions: to be supervised through Northern District of Florida Probation; must seek permission through probation in advance for any travel; an itinerary is to be provided w/ dates, times, and estimated length; permitted to travel to FL, NY, DC, MD, Israel; may not purchase/possess firearms; refrain from excessive use of alcohol/drugs; shall not violate any state/local/federal/laws.(Court Reporter Tonia Harris)(mpha) (Entered: 11/08/2016)
11/04/201612 PLEA AGREEMENT as to Dan Horsky (1). (mpha) (Entered: 11/08/2016)
11/04/201613 STATEMENT OF FACTS as to Dan Horsky (1). (mpha) (Entered: 11/08/2016)
11/04/201614 ORDER Setting Conditions of Release as to Dan Horsky (1) $100,000.00 Cash Bond as to Dan Horsky. Signed by District Judge T. S. Ellis, III on 11/4/2016. (mpha) (Entered: 11/08/2016)
11/08/201615 Secured Bond Entered in amount of $ $100,000.00 as to Dan Horsky. Receipt # 14683062590. Deft. released. (Attachments: # 1 Receipt)(krob, ) (Entered: 11/09/2016)
11/25/201638 TRANSCRIPT of Proceedings held on 11-4-16, before Judge T.S. Ellis. Court reporter/transcriber Tonia Harris, Telephone number 703-299-2100. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov <br><br> 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 12/27/2016. Redacted Transcript Deadline set for 1/25/2017. Release of Transcript Restriction set for 2/23/2017.(harris, tonia) (Entered: 03/16/2017)
01/05/201716  PRESENTENCE INVESTIGATION REPORT (Disclosed Presentence Investigation Report) (SEALED - government and defense counsel) as to Dan Horsky. Objections to PSI due 01/23/2017. (Attachments: # 1 Letter Character Letters)(crandell, linda) (Entered: 01/05/2017)
01/30/201717  PRESENTENCE INVESTIGATION REPORT (Sentencing Presentence Investigation Report) (SEALED - government and defense counsel) as to Dan Horsky. (Attachments: # 1 Letter character letters)(forsyth, carolyn) (Entered: 01/30/2017)
02/03/201719 Sealed Document (jlan) (Entered: 02/03/2017)
02/03/201720  MOTION to Seal by Dan Horsky. (Attachments: # 1 Proposed Order)(Hicks, Matthew) (Entered: 02/03/2017)
02/04/201722 SENTENCING MEMORANDUM by Dan Horsky (Attachments: # 1 Exhibit A)(Hicks, Matthew) (Entered: 02/04/2017)
02/06/201723  Under Seal Motion (Attachments: # 1 Proposed Order)(jlan) Modified text on 2/7/2017 (jlan, ). (Entered: 02/06/2017)
02/06/201724  MOTION to Seal by Dan Horsky. (Attachments: # 1 Proposed Order)(Hicks, Matthew) (Entered: 02/06/2017)
02/06/201725 Ex Parte Under Seal Order as to Dan Horsky. Signed by District Judge T. S. Ellis, III on 02/06/2017. (jlan) (Entered: 02/06/2017)
02/06/201726 Position on Sentencing by USA as to Dan Horsky (Lytle, Mark) (Entered: 02/06/2017)
02/06/201727 Sealed Order. Signed by District Judge T. S. Ellis, III on 02/06/2017. (c/s to Deft and USA). (jlan) (Entered: 02/07/2017)
02/06/201728 Sealed Order. Signed by District Judge T. S. Ellis, III on 02/06/2017. (c/s to Deft and USA) (jlan) (Entered: 02/07/2017)
02/06/201729 Sealed Motion. (jlan) (Entered: 02/07/2017)
02/06/201730 Sealed Document 22 Sentencing Memorandum filed by Dan Horsky (jlan) (Entered: 02/07/2017)
02/08/201731 Sealed Document in re 27 Sealed Order (jlan) (Entered: 02/09/2017)
02/10/201732 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Sentencing held on 2/10/2017 for Dan Horsky (1). Defendant present w/ counsel Matthew C. Hicks, Mark E. Matthews, and Seth Kossman. Mark Lytle and Mark F. Daly present on behalf of USA w/ Gary Shapley (IRS Agent) present at counsel table. The Court adopts PSIR w/o exceptions (letters submitted made a part of PSIR). Defense requests probation w/ special conditions (50 hr c/s mentoring students as he has being doing for the last 30 years); designation for sentence all to be served in Tampa; self-surrender after Passover (April 25, 2017). Government requests 20 months and notes general deterrence should help guide sentence. The Court sentences defendant to 7 months, 1 year SR w/ special conditions (c/s and authorized travel to Israel), $15,905,755.00 Restitution Order, $250,000.00 Fine, $100.00 SA. Defendant recommended for designation at a minimum security BOP facility near Florida in order to remain near family and permitted to self-surrender no earlier than May 1st 2017. **per probation officer and approval of TSE following hearing, 50 hrs c/s removed from conditions. Defendant may lecture or publish an article as directed by the probation officer. Additionally, the Court will waive drug testing for this defendant**(Court Reporter Tonia Harris)(mpha) (Entered: 02/14/2017)
02/10/201733 RESTITUTION ORDER as to Dan Horsky (1). Signed by District Judge T. S. Ellis, III on 02/10/2017. (Attachments: # 1 Attachment A, # 2 Attachment B) (mpha) (Entered: 02/14/2017)
02/10/201734 JUDGMENT as to Dan Horsky (1), Count 1: 7 months BOP, 1 year SR w/ special conditions, $15,905,755.00 Restitution Order, $250,000.00 Fine, $100.00 SA. Signed by District Judge T. S. Ellis, III on 02/10/2017. (mpha) (Entered: 02/15/2017)
02/10/201735 Confidential Information Page re: Judgment as to Dan Horsky (1). (mpha) (Entered: 02/15/2017)
03/01/201736 TRANSCRIPT of Proceedings held on 2-10-17, before Judge T.S. Ellis. Court reporter/transcriber Tonia Harris, Telephone number 703-299-2100. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov <br><br> 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 3/31/2017. Redacted Transcript Deadline set for 5/1/2017. Release of Transcript Restriction set for 5/30/2017.(harris, tonia) (Entered: 03/01/2017)
03/01/201737 Sealed Transcript of Proceedings before Judge T.S. Ellis, III on 2/10/2017. (rban, ) (Entered: 03/01/2017)
09/17/201839 Report and Order Terminating Supervised Release Prior to Original Expiration Date as to Dan Horsky. Signed by District Judge T. S. Ellis, III on 9/17/2018. (aott) (Entered: 09/18/2018)
11/13/201840  MOTION for Return of Surety - Cash Bond by Dan Horsky. (Hicks, Matthew) (Entered: 11/13/2018)
11/26/201841 ORDER granting 40 Motion for Return of Surety. The Clerk shall return to the defendant the sum of $100,000 which was deposited with the Clerk as an appearance bond in this case as to Dan Horsky (1). Signed by District Judge T. S. Ellis, III on 11/26/2018. (lcre, )(c/s to Finance) (Entered: 11/27/2018)


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Transaction Receipt
04/20/2019 08:53:22
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Description: Docket Report Search Criteria: 1:16-cr-00224-TSE
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