CLOSED

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:12-cr-00641-NRB-1


Case title: USA v. Wajsfelner

Date Filed: 08/20/2012
Date Terminated: 03/08/2013

Assigned to: Judge Naomi Reice Buchwald

Defendant (1)
Jacques Wajsfelner
TERMINATED: 03/08/2013
represented byDanielle Racine Menard
Denner Pellegrino,LLP
4 Longfellow Place
Boston, MA 02114
(401)-524-4442
Fax: (617)-973-1562
Email: danielle_menard2001@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jeffrey Denner
101 Federal Street
Boston, MA 02110
617-348-0900
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
31:5322A.F & 5314 & 31 CFR 1010.350 PENALTIES (WILLFUL FAILURE TO FILE A REPORT OF FOREIGN BANK AND FINANCIAL ACCOUNTS)
(1)
Imprisonment for a total term of Time Served. Supervised release for a term of Six Months (6).

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Plaintiff
USA represented byDaniel 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

Jason Harris Cowley
U.S. Attorney's Office, SDNY
One St. Andrew's Plaza
New York, NY 10007
(212) 637-2479
Fax: (212) 637-0421
Email: jason.cowley@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/14/20121 NOTICE OF INTENT TO FILE an Information by U.S.A. as to Jacques Wajsfelner. (jm) (Entered: 08/21/2012)
08/20/20122  INFORMATION (Felony) filed as to Jacques Wajsfelner (1) count(s) 1. (jm) (Entered: 08/21/2012)
08/20/2012 Case as to Jacques Wajsfelner ASSIGNED to Judge Magistrate Judge Naomi R. (Magistrate) Buchwald. (jm) (Entered: 08/21/2012)
08/20/2012 Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Defendant present with attorney Jeffrey Denner; AUSA Levy and Cowlet also present. Initial Appearance as to Jacques Wajsfelner held on 8/20/2012. Defendant to be released as follows: $500,000 PRB, surrender passport (not apply for replacement), USA bail limits; surrender firearms (to Weston, MA) - no PSA. (jm) Modified on 8/21/2012 (jm). (Entered: 08/21/2012)
08/20/20123 WAIVER OF INDICTMENT by Jacques Wajsfelner. (jm) (Entered: 08/21/2012)
08/20/20124 PRB Bond Entered as to Jacques Wajsfelner in amount of $ 500,000, surredner of passport (not to apply for replacement), USA bail limits; surrender of firearms yo Weston, MA. (jm) (Entered: 08/21/2012)
08/21/2012 Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Arraignment as to Jacques Wajsfelner (1) Count 1 held on 8/21/2012. Plea entered by Jacques Wajsfelner (1) Guilty as to Count 1. AUSAs (Levy and Cowley) present; D and D counsel present; court reporter present. D pleaded guilty to Count 1 of the information. Bail set at $500,000 PRB; D to surrender passport; D's travel limited to continental United States; D to surrender firearms and licenses thereto within 30 days. Sentencing scheduled for December 20, 2012 at 3:45 p.m. D submission due December 10, 2012; G submission due December 17, 2012. (Submitted by Andrew Gehring) (jbo) (Entered: 08/21/2012)
08/21/2012 Minute Entry for proceedings held before Judge Naomi Reice Buchwald: as to Jacques Wajsfelner, Brief due by 12/10/2012, Responses to Brief due by 12/17/2012, Sentencing set for 12/20/2012 at 03:45 PM before Judge Naomi R. Buchwald. (jbo) (Entered: 08/21/2012)
09/24/20125 TRANSCRIPT of Proceedings as to Jacques Wajsfelner re: Plea held on 8/20/12 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300, 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 10/18/2012. Redacted Transcript Deadline set for 10/29/2012. Release of Transcript Restriction set for 1/2/2013. (McGuirk, Kelly) (Entered: 09/24/2012)
09/24/20126 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jacques Wajsfelner. Notice is hereby given that an official transcript of a Plea proceeding held on 8/20/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) 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 may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 09/24/2012)
11/26/20127 ENDORSED LETTER: As to Jacques Wajsfelner addressed to Judge Naomi Reice Buchwald from Daniel W. Levy dated 11/26/2012 re: The parties request that the Court adjourn the sentencing of the above-referenced defendant from December 20,2012, to January 16,2013, at 4 p.m., a date and time that 1 understand from your Honor's chambers is available for the Court. The parties further request that the Court adjust the dates for the parties to submit presentencing materials and set January 4, 2013, as the last day for the defendant to do and January 11, 2013, as the last day for the Government to do so. ENDORSEMENT: SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 11/26/2012)(dnd) (Entered: 11/26/2012)
01/03/20138 ENDORSED LETTER as to Jacques Wajsfelner addressed to Judge Naomi Reice Buchwald from Jeffrey A. Denner dated 1/2/2013 re: Reschedule Sentencing as to Jacques Wajsfelner( Sentencing set for 2/14/2013 at 03:00 PM before Judge Naomi Reice Buchwald.)...ENDORSEMENT..Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/3/2013)(jw) (Entered: 01/03/2013)
01/22/2013 MEMORANDUM TO THE DOCKET CLERK: as to Jacques Wajsfelner. Sentencing adjourned to March 5, 2013 at 4:00 PM. D's submission due by Feb. 25, 2013; G's submission due by March 1, 2013. (jbo) (Entered: 01/22/2013)
01/22/2013 Minute Entry for proceedings held before Judge Naomi Reice Buchwald: as to Jacques Wajsfelner. Brief due by 2/25/2013. Responses to Brief due by 3/1/2013. Sentencing set for 3/5/2013 at 04:00 PM before Judge Naomi Reice Buchwald. (jbo) (Entered: 01/22/2013)
03/01/20139 SENTENCING MEMORANDUM by Jacques Wajsfelner. (Attachments: # 1 Exhibit 1)(Menard, Danielle) (Entered: 03/01/2013)
03/01/201310 SENTENCING MEMORANDUM by USA as to Jacques Wajsfelner. (Attachments: # 1 Exhibit A - memorandum of interview, # 2 Exhibit B - Tana sentencing transcript, # 3 Exhibit C - Werdiger sentencing transcript, # 4 Exhibit D - Reiss sentencing transcript, # 5 Exhibit E - Heller sentencing transcript)(Levy, Daniel) (Entered: 03/01/2013)
03/05/2013 Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Sentencing held on 3/5/2013 for Jacques Wajsfelner (1) Count 1. AUSA, Dan Levy, present; D and D counsel, Jeffrey Denner and Danielle Menard, present; court reporter present. D sentenced to time served, followed by six months of supervised release, with a special condition of three months of home confinement. Special assessment in the amount of $100 imposed. Restitution in the amount of $419,940 ordered; restitution to be paid by March 29, 2013. Fine of $20,000 imposed. (jbo) (Entered: 03/05/2013)
03/08/201311 FILED JUDGMENT IN A CRIMINAL CASE as to Jacques Wajsfelner (1), Pleaded guilty to Count(s) 1, Imprisonment for a total term of Time Served. Supervised release for a term of Six Months (6). Supervised release for a term of Six (6) Months. Special Assessment of $100 which is due immediately. Fine of $20,000.00 and Restitution of $419,940.00 which is to be paid in full by 3/29/2013. (Signed by Judge Naomi Reice Buchwald on 3/8/2013)(jw) (Entered: 03/08/2013)
03/08/2013 Judgment entered in money judgment book as #13,0626 as to Jacques Wajsfelner in the amount of $ 440,040.00, re: 11 Judgment. (jno) (Entered: 03/25/2013)
03/21/201312 AMENDED JUDGMENT In A Criminal Case. Date of Imposition of Judgment: 3/5/2013. Reason for Amendment: Modification of Supervision Conditions. Defendant Jacques Wajsfelner (1) pleaded guilty to Count(s) 1, of the Information filed 8/20/2012. IMPRISONMENT: Time Served. SUPERVISED RELEASE: Six (6) Months. The above drug testing condition (see page 3 of judgment) 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. Special Conditions of Supervision: 1. The defendant shall be supervised by the district of residence. 2. The defendant shall serve three months of home confinement. 3. The defendant shall comply with the conditions of home confinement for a period of three months. During this time, the defendant shall remain at his place of residence, except for employment and other activities approved by his probation officer. The defendant will maintain a telephone at his place of residence without call forwarding, a modem, caller ID, call waiting, or portable cordless telephones for the above period. At the direction of the defendant's probation officer, the defendant shall wear an electronic monitoring device and follow electronic monitoring procedures specified by his probation officer. Home confinement shall commence on a date to be determined by the probation officer. The defendant shall pay the costs of home confinement on a self-payment or co-payment basis as directed by the probation officer. ASSESSMENT: $100.00. FINE: $20,000.00. RESTITUTION: $419,940.00, Name of Payee: Clerk, U.S. District Court (for disbursement to the Internal Revenue Service). The court determined that the defendant does not have the ability to pay interest, and it is ordered that: the interest requirement for restitution is modified as follows: The defendant must pay interest unless restitution is paid in full by 3/29/2013. Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows: Lump sum payment of $100.00 due immediately, balance due not later than 6/5/2013. Special instructions regarding the payment of criminal monetary penalties: Restitution to be paid in full by 3/29/2013. (Signed by Judge Naomi Reice Buchwald on 3/20/2013)(bw) (Entered: 03/21/2013)
03/21/2013 Judgment entered in money judgment book as #13,0683 as to Jacques Wajsfelner in the amount of $ 440,040.00, re: 12 Amended Judgment. (jno) (Entered: 04/01/2013)
03/22/201313 PROBATION FORM 64538 PETITION as to Jacques Wajsfelner. The Court Orders: Transfer of Jurisdiction APPROVED. (Signed by Judge Naomi Reice Buchwald on 3/21/2013)(jw) (Entered: 03/22/2013)
03/28/2013 Payment of Special Assessment from Jacques Wajsfelner in the amount of $100.00. Date Received: 3/28/2013. (mn) (Entered: 03/28/2013)
03/28/2013 Payment of Fine from Jacques Wajsfelner in the amount of $20,000.00. Date Received: 3/28/13. (mn) (Entered: 03/28/2013)
04/19/201314 SATISFACTION OF JUDGMENT as to Jacques Wajsfelner re 11 Judgment in the amount of $440,040.00. Judgment satisfied on 4/19/2013. (jw) (Entered: 04/24/2013)
05/16/201315 Supervised Release Jurisdiction Transferred Out to the U.S.D.C. District of Massachusetts as to Jacques Wajsfelner. (dnd) (Entered: 05/16/2013)
05/16/2013 TRANSFER OUT SUPERVISED RELEASE DOCUMENTS SENT as to Jacques Wajsfelner to the U.S.D.C. District of Massachusetts. The following documents were mailed: Copy of the Transfer of Jurisdiction Form, certified copy of the information, certified copy of the Waiver of Indictment certified copy of the Judgment certified copy of the docket sheet, and letter of acknowledgment. Mailed via Federal Express AIRBILL # 801347655270 on 5/16/2013. (dnd) (Entered: 05/16/2013)
07/08/201316  MOTION for Return of Property/PostTrial. Document filed by Jacques Wajsfelner. (Attachments: # 1 Text of Proposed Order)(Menard, Danielle) (Entered: 07/08/2013)
07/10/201317 ORDER: As to Jacques Wajsfelner. For the reasons as set forth in this Order; It is hereby ORDERED that Pretrial Services shall release and return the defendant's U.S. passport; It is further ORDERED that Pretrial Services shall return said passport to the defendant via express mail service to his Massachusetts residence; and It is ORDERED that counsel for the defendant shall provide the current address to the defendant's residence to Pretrial Services upon entry of this Order. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/9/2013)(dnd) (Entered: 07/10/2013)


PACER Service Center
Transaction Receipt
12/09/2019 09:05:27
PACER Login: andy0357 Client Code:
Description: Docket Report Search Criteria: 1:12-cr-00641-NRB
Billable Pages: 4 Cost: 0.40