| CLOSED,ECF |
Case title: USA v. Upham |
Date Filed: 04/13/2010 Date Terminated: 04/26/2013 |
| Assigned to: Judge Alvin K. Hellerstein | ||
Defendant (1) |
||
|
Sybil Nancy Upham
TERMINATED: 04/26/2013 |
represented by | Elkan Abramowitz
Morvillo, Abramowitz, Grand, Iason, & Anello P.C. 565 5th Avenue New York, NY 10017 (212) 880-9300 Fax: (212) 856-9494 Email: eabramowitz@maglaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (1s) |
Probation 3 Years. | |
| 26:7206A.,18:2F.FRAUD AND FALSE STATEMENTS (2s-4s) |
Probation 3 Years | |
Highest Offense Level (Opening) |
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| Felony | ||
Terminated Counts |
Disposition |
|
| 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES (1) |
Dismissed | |
| 26:7206A.F FRAUD AND FALSE STATEMENTS (SUBSCRIBING TO FALSE INDIVIDUAL TAX RETURNS) (2-4) |
Dismissed | |
| 31:5322A.F PENALTIES (WILLFUL FAILURE TO FILE REPORTS OF FOREIGN BANK AND FINANCIAL ACCOUNTS) (5-8) |
Dismissed | |
Highest Offense Level (Terminated) |
||
| Felony | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
||
| USA | represented by | David 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 Daniel Walter Levy U.S. Attorney's Office, SDNY (St Andw's) One St. Andrew's Plaza New York, NY 10007 (212) 637-2200 Fax: (212) 637-2429 Email: dlevy@mckoolsmith.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 04/13/2010 | 2 | SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2-4, 5-8. (jm) (Entered: 04/15/2010) |
| 04/14/2010 | 1 | SEALED DOCUMENT placed in vault. (nm) (Entered: 04/14/2010) |
| 04/15/2010 | 3 | Order to Unseal Indictment as to Sealed Defendant 1.. (Signed by Magistrate Judge Ronald L. Ellis on 4/15/10)(jm) (Entered: 04/15/2010) |
| 04/15/2010 | INDICTMENT UNSEALED as to Sybil Nancy Upham. (jm) (Entered: 04/15/2010) | |
| 04/15/2010 | Case Designated ECF as to Sybil Nancy Upham. (jm) (Entered: 04/15/2010) | |
| 04/15/2010 | Case as to Sybil Nancy Upham ASSIGNED to Judge Judge Alvin K. Hellerstein. Judge Judge Unassigned no longer assigned to the case.. (jm) (Entered: 04/15/2010) | |
| 04/15/2010 | Attorney update in case as to Sybil Nancy Upham. Attorney David Benton Massey for USA added.. (jm) (Entered: 04/15/2010) | |
| 04/15/2010 | Arrest of Sybil Nancy Upham. [*** Refer to Disposition Sheet on Rule 9 Proceeding held on 4/15/2010 ***] (bw) (Entered: 04/19/2010) | |
| 04/15/2010 | Minute Entry on 'Disposition Sheet' for proceedings held before Magistrate Judge Ronald L. Ellis: Initial Appearance as to Sybil Nancy Upham held on 4/15/2010. Date of Arrest: 4/15/2010, vol. surrender. AUSAs Danya Perry, David Massey; Defense Counsel Elkan Abramowitz (Retained); Proceeding - Rule 9 & A/W Issued on 4/13/10. Bail Disposition: Agreed bail package, $100K PRB; travel restricted to SDNY/EDNY/D.N.H. plus travel between; surrender travel documents (& no new applications). Time excluded until 4-19-10. Date for Preliminary Hearing: 4/19/10 11 a.m. before Judge Hellerstein. (bw) (Entered: 04/19/2010) | |
| 04/15/2010 | ORAL ORDER as to Sybil Nancy Upham. Time excluded from 4/15/2010 until 4/19/2010. Pretrial Conference set for 4/19/2010 at 11:00 AM before Judge Alvin K. Hellerstein. (bw) (Entered: 04/19/2010) | |
| 04/15/2010 | 5 | Appearance Bond Entered as to Sybil Nancy Upham in amount of $100,000. $100,000.00 PRB; travel limits include the SDNY & EDNY and extended to the DNH, plus travel between; surrender of travel documents and no new applications. (bw) (Entered: 04/19/2010) |
| 04/15/2010 | 6 | ADVICE OF PENALTIES AND SANCTIONS as to Sybil Nancy Upham. Defendant Released. (bw) (Entered: 04/19/2010) |
| 04/15/2010 | 7 | NOTICE OF ATTORNEY APPEARANCE: Elkan Abramowitz appearing for Sybil Nancy Upham. (bw) (Entered: 04/19/2010) |
| 04/19/2010 | Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Pretrial Conference as to Sybil Nancy Upham held on 4/19/2010. IPTC held. Defendant present w/attorney Elkan Abramowitz; AUSA, David Massey present; Court reporter Joe Quinones present; Next PTC is set for 6/23/10 at 11:00 a.m.; Time excluded until 6/23/2010, in the interest of justice; Defendant continued on bail. (bw) (Entered: 04/22/2010) | |
| 04/19/2010 | ORAL ORDER as to Sybil Nancy Upham. Time excluded from 4/19/2010 until 6/23/2010. Pretrial Conference set for 6/23/2010 at 11:00 AM before Judge Alvin K. Hellerstein. (bw) (Entered: 04/22/2010) | |
| 05/14/2010 | 8 | TRANSCRIPT of Proceedings as to Sybil Nancy Upham held on April 19, 2010 1:00 p.m. before Judge Alvin K. Hellerstein. (ajc) (Entered: 05/19/2010) |
| 06/24/2010 | Minute Entry for proceedings held before Judge Alvin K. Hellerstein:Pretrial Conference as to Sybil Nancy Upham held on 6/24/2010. PTC held. Deft. pres. w/attys. Elkan Abramowitz and Rachel Heman; AUSA, David Massey pres.; Court reporter Vincent Bologna pres.; Motion to be filed by 8/13/10; response by 9/16/10; reply by 9/30/10; Oral argument set for 10/6/10 @ 4:00 p.m.; Time excluded until 10/6/10 ; in the interest of justice; Deft. contd on bail. Hellerstein, J. (ajc) (Entered: 06/29/2010) | |
| 06/24/2010 | ORAL ORDER as to Sybil Nancy Upham; Time excluded from 6/24/2010 until 10/6/2010. As to Sybil Nancy Upham( Motions due by 8/13/2010. Government Reply Brief due by 9/16/2010. Defendant Reply Brief due by 9/30/2010. Oral Argument set for 10/6/2010 at 04:00 PM before Judge Alvin K. Hellerstein). (ajc) (Entered: 06/29/2010) | |
| 08/13/2010 | 9 | ENDORSED LETTER as to Sybil Nancy Upham addressed to Judge Alvin K. Hellerstein from Danya Perry dated 8/12/2010 re: The Government writes to request, with the consent of the defense, an adjournment of the briefing schedule. ENDORSED: SO ORDERED. ***Terminated Deadlines as to Sybil Nancy Upham. (Signed by Judge Alvin K. Hellerstein on 8/13/2010)(ab) (Entered: 08/13/2010) |
| 08/18/2010 | 10 | ENDORSED LETTER: As to Sybil Nancy Upham addressed to Judge Alvin K. Hellerstein from Elkan Abramowitz dated 8/17/2010. re:Defense counsel writes on behalf of the defendant, Sybil Nancy Upham to respectfully request that the Court temporarily modify Ms. Upham's bail conditions, and allow Pretrial Services to release Ms. Upham's passport to her for a period of two weeks, in order to permit Ms. Upham to obtain a new driver's license. ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/18/2010)(dnd) (Entered: 08/18/2010) |
| 10/04/2010 | 11 | ENDORSED LETTER as to Sybil Nancy Upham addressed to Judge Alvin K. Hellerstein from AUSAs David B. Massey / E. Danya Perry dated September 29,2010 re: The Government writes to update the Court on the status of this case and to request an adjournment of the hearing/conference that is currently set for October 6, 2010 at 4:00 p.m. The parties request that the Court schedule a plea for October 19, 2010 at 11:00 a.m. The Government also requests, with the consent of the defense, that time be excluded for purposes of the Speedy Trial Act between October 6, 2010 and October 19, 2010. ENDORSEMENT: Plea is set for 10/19/10 at 11:00 a.m. and time is excluded until then. (Signed by Judge Alvin K. Hellerstein on 10/4/2010)(bw) (Entered: 10/04/2010) |
| 10/04/2010 | Terminate Deadlines and Hearings as to Sybil Nancy Upham: Terminated Oral Argument set for 10/6/2010 at 04:00 PM before Judge Alvin K. Hellerstein. (bw) (Entered: 10/04/2010) | |
| 10/27/2010 | 12 | ENDORSED LETTER: As to Sybil Nancy Upham, addressed to Judge Alvin K. Hellerstein from E. Danya Perry dated 10/26/2010 re: The government writes to request that the conference scheduled for October 26, 2010 be adjourned to November 3, 2010 at 11:00 a.m. as suggested by the court's deputy and for time to be excluded until the adjourned date pursuant to the Speedy Trial Act. ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/26/2010)(dnd) (Entered: 10/27/2010) |
| 11/10/2010 | 13 | (S1) SUPERSEDING INFORMATION (Felony) filed as to Sybil Nancy Upham (1) count(s) 1s, 2s-4s. (dnd) (Entered: 11/15/2010) |
| 11/10/2010 | 14 | WAIVER OF INDICTMENT by Sybil Nancy Upham. (dnd) (Entered: 11/15/2010) |
| 11/10/2010 | 15 | CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE ON A FELONY PLEA ALLOCUTION by Sybil Nancy Upham. (dnd) (Entered: 11/15/2010) |
| 11/10/2010 | Change of Not Guilty Plea to Guilty Plea as to Sybil Nancy Upham (1) Count 1s,2s-4s. (dnd) (Entered: 11/15/2010) | |
| 11/10/2010 | Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Plea entered by Sybil Nancy Upham (1) Guilty as to Count 1s,2s-4s. (dnd) (Entered: 11/15/2010) | |
| 11/10/2010 | Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein:Change of Plea Hearing as to Sybil Nancy Upham held on 11/10/2010. Defendant present with attorney Mr. Abramowitz. AUSA Ms. Perry present for the government. Court reporter present. No interpreter present. Defendant withdraws not guilty plea and enters a plea of guilty to Counts 1, 2, 3,and 4 of the (S1)filed Indictment. Waiver of Indictment filed. PSI ordered. Sentence set for February 10, 2011. Magistrate Judge Gorenstein recommends Judge Hellerstein accept the guilty plea. Bail continued. (dnd) (Entered: 11/15/2010) | |
| 11/10/2010 | Order of Referral to Probation for Presentence Investigation and Report as to Sybil Nancy Upham. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/10/2010)(dnd) (Entered: 11/15/2010) | |
| 11/16/2010 | 16 | ORDER ACCEPTING THE PLEA ALLOCUTION BEFORE A U.S. MAGISTRATE JUDGE as to Sybil Nancy Upham. With the dft's consent, his guilty plea allocution was taken before Magistrate Judge Gabriel W. Gorenstein on November 10, 2010;... IT IS THEREFORE ORDERED THAT the dft's guilty plea is accepted. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/16/2010)(ja) (Entered: 11/16/2010) |
| 11/23/2010 | 17 | ENDORSED LETTER as to Sybil Nancy Upham addressed to Judge Hellerstein from Elkan Abramowitz dated 11/22/10 re: I respectfully request that the Court temporarily modify Ms. Uphams bail conditions and allow Pretrial Services to release Ms. Upham's passport to her for a period of two weeks...ENDORSEMENT...PTS is hereby authorized to release defendant's passport to attorney Abramowitz, for safekeeping and use as indicated, with obligation to return to PTS promptly after such use. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/22/10)(jw) (Entered: 11/23/2010) |
| 12/03/2010 | 18 | TRANSCRIPT of Proceedings as to Sybil Nancy Upham held on November 10, 2010 before Magistrate Judge Gabriel W. Gorenstein. (mro) (Entered: 12/03/2010) |
| 06/24/2011 | 19 | SEALED DOCUMENT placed in vault. (nm) (Entered: 06/24/2011) |
| 12/16/2011 | 20 | SEALED DOCUMENT placed in vault. (mps) (Entered: 12/16/2011) |
| 10/16/2012 | 21 | ENDORSED LETTER as to Sybil Nancy Upham addressed to Judge Alvin K. Hellerstein from Rachel Y. Henrani dated 10/15/2012 re: Defense counsel writes to request that the sentencing of the defendant scheduled for January 11, 2013 be adjourned to the week of February 4, 2013. ENDORSEMENT: Sentencing is adjourned to February 15, 2013 at 11:00 a.m. (Signed by Judge Alvin K. Hellerstein on 10/15/2012)(dnd) (Entered: 10/16/2012) |
| 10/16/2012 | Set/Reset Hearings as to Sybil Nancy Upham: Sentencing set for 2/15/2013 at 11:00 AM before Judge Alvin K. Hellerstein. (dnd) (Entered: 10/16/2012) | |
| 02/15/2013 | 22 | ENDORSED LETTER as to Sybil Nancy Upham addressed to Judge Alvin K. Hellerstein from Elkan Abramowitz dated 2/11/2013 re: Reschedule Sentencing as to Sybil Nancy Upham( Sentencing set for 4/10/2013 at 04:00 PM before Judge Alvin K. Hellerstein.)...ENDORSEMENT...Sentencing is adjourned to April 10, 2013 at 4:00pm. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/14/2013)(jw) (Entered: 02/15/2013) |
| 02/20/2013 | 23 | NOTICE OF ATTORNEY APPEARANCE Daniel Walter Levy appearing for USA. (Levy, Daniel) (Entered: 02/20/2013) |
| 04/10/2013 | Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Sentencing held on 4/10/2013 for Sybil Nancy Upham (1) Count 1s,2s-4s. Deft. pres. w/atty. Elkan Abramowitz and Rachel Hemani; AUSA, David Massey pres; Court reporter Ann Hairston pres.; Deft. sentenced to 3 years Probation; $400 Special Assessment; Fine of $30,000.00; See judgment for Special Conditions. (jbo) (Entered: 04/12/2013) | |
| 04/26/2013 | DISMISSAL OF COUNTS on Government Motion as to Sybil Nancy Upham (1) Count 1,2-4,5-8. (dnd) (Entered: 04/26/2013) | |
| 04/26/2013 | 24 | JUDGMENT: As to Sybil Nancy Upham (1), Count(s) 1, 2-4, 5-8, Dismissed; Count(s) 1s, Probation 3 Years.; Count(s) 2s-4s, Probation 3 Years. The defendant is notified of her right to appeal. 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 $400 due immediately. The defendant is to pay a fine of $30,000.00 payable at a rate of $10,000.00 per year of probation. Payment of $10,000.00 shall be made by June 30, 2013 and June 30th of each ensuing year until paid. (Signed by Judge Alvin K. Hellerstein on 4/25/2013)(dnd) (Entered: 04/26/2013) |
| 04/26/2013 | Judgment entered in money judgment book as #13,0916 as to Sybil Nancy Upham in the amount of $ 30,400.00, re: 24 Judgment. USM ANUMBER 63320-54. (dt) (Entered: 05/02/2013) | |
| 05/17/2013 | Payment of Special Assessment from Sybil Nancy Upham in the amount of $400.00. Date Received: 5/17/13. (mn) (Entered: 05/17/2013) | |
| 06/27/2013 | Payment of Special Assessment from Sybil Nancy Upham in the amount of $10,000.00. Date Received: 6/26/13. (mn) (Entered: 06/27/2013) | |
| 10/21/2013 | Payment of Fine from Sybil Nancy Upham in the amount of $10000.00. Date Received: 10/21/2013. (lcu) (Entered: 10/22/2013) | |
| 10/23/2013 | Payment of Fine from Sybil Nancy Upham in the amount of $10000.00. Date Received: 10/23/2013. (cla) (Entered: 10/23/2013) | |
| 11/08/2013 | 25 | SATISFACTION OF JUDGMENT as to Sybil Nancy Upham re 24 Judgment in the amount of $30,400.00. Judgment satisfied on 11/8/2013. (dnd) (Entered: 11/14/2013) |
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| Description: | Docket Report | Search Criteria: | 1:10-cr-00326-AKH |
| Billable Pages: | 5 | Cost: | 0.50 |