APPEAL,ECF,PRIOR

U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:16-cr-00371-RA-6


Case title: USA v. Galanis et al
Magistrate judge case number: 1:16-mj-02978-UA

Date Filed: 05/31/2016

Assigned to: Judge Ronnie Abrams

Defendant (6)
Devon Archer represented byMatthew Lane Schwartz
Boies Schiller Flexner LLP
55 Hudson Yards
New York, NY 10001
212-446-2300
Email: mlschwartz@bsfllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Craig A. Wenner
Boies Schiller Flexner LLP
55 Hudson Yards
New York, NY 10001
212-446-2300
Email: cwenner@bsfllp.com
ATTORNEY TO BE NOTICED

David Paul Nelson
Boies, Schiller & Flexner LLP (FL)
401 East Las Olas Boulevard
Suite 1200
Fort Lauderdale, FL 33301
(954) 377-4233
Fax: (954) 356-0022
Email: dnelson@bsfllp.com
ATTORNEY TO BE NOTICED

Laura Elizabeth Harris
King & Spalding LLP
1185 Avenue of the Americas
New York, NY 10036
212-790-5360
Fax: 212-556-2222
Email: lharris@kslaw.com
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18:371.F CONSPIRACY TO COMMIT SECURITIES FRAUD
(1)
18:371.F CONSPIRACY TO COMMIT SECURITIES FRAUD
(1s)
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1ss)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(2s)
15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES
(2ss)

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
15:78D.F SECURITIES FRAUD AND CONSPIRACY, 17:240.10b-5 CODE OF FEDERAL REGULATIONS , 18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES


Plaintiff
USA represented byAimee Hector
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212) 637-2203
Fax: (212) 637-2937
Email: aimee.hector@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney

Brian Roger Blais
U.S. Attorney's Office, SDNY
One St. Andrew's Plaza
New York, NY 10007
(212)-637-2521
Fax: (212)-637-2527
Email: brian.blais@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney

Andrea Michelle Griswold
United States Attorney's Office, SDNY
One Saint Andrew's Plaza
New York, NY 10007
(212)-637-1205
Fax: (212)-637-2443
Email: andrea.griswold@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney

Brandon Douglas Harper
DOJ-USAO
1 St. Andrew's Plaza
New York, NY 10007
212-637-2209
Email: brandon.harper2@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney

Brendan Quigley
30 Rockefeller Plaza
New York, NY 10112
212-408-2520
Fax: 212-259-2520
Email: brendan.quigley@bakerbotts.com
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney

Elizabeth Anna Hanft
United States Attorney's Office
One St. Andrew's Plaza
New York, NY 10007
212-637-2334
Email: Elizabeth.Hanft@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney

Jeffrey Coffman
DOJ-USAO
300 Quarropas Street
White Plains, NY 10601
914-993-1940
Email: jeffrey.coffman@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney

Negar Tekeei
United States Attorney's Office, S.D.N.Y.
One Saint Andrew's Plaza
New York, NY 10007
(212) 637-2482
Fax: (212) 637-2527
Email: negar.tekeei@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney

Rebecca Gabrielle Mermelstein
U.S. Attorney's Office, SDNY (St Andw's)
One St. Andrew's Plaza
New York, NY 10007
(212) 637-2360
Fax: (212) 637-2937
Email: rebecca.mermelstein@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney

Date Filed #Docket Text
05/09/20161  COMPLAINT as to Jason Galanis (1), Gary Hirst (2), John Galanis (3), Hugh Dunkerley (4), Michelle Morton (5), Devon Archer (6), Bevan Cooney (7). In Violation of 15 U.S.C. 78j (b), 78ff, 80b-6 and 80b-17; 17 C.F.R 240.10b-S; 18 U.S.C. 371 and 2 (Signed by Magistrate Judge Sarah Netburn) (dif) [1:16-mj-02978-UA] (Entered: 05/12/2016)
05/11/2016 Arrest of Devon Archer. (dif) [1:16-mj-02978-UA] (Entered: 05/12/2016)
05/11/201611 NOTICE OF ATTORNEY APPEARANCE: Retained Attorney Matthew Lane Schwartz appearing for Devon Archer. (dif) [1:16-mj-02978-UA] (Entered: 05/12/2016)
05/11/2016 Attorney update in case as to Devon Archer. Attorney Matthew Lane Schwartz for Devon Archer added.. (dif) [1:16-mj-02978-UA] (Entered: 05/12/2016)
05/11/201612 Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Initial Appearance as to Devon Archer held on 5/11/2016., Deft Appears with Retained Attorney Matthew Schwartz by John Zach and AUSA Brian Blais for the government. AGREED CONDITIONS OF RELEASE: 1 MILLION PRB; Secured by 1 Million Cash or Property (Either); Travel Limited TO 48 States; Surrender Travel Documents (& No New Applications); Passport by 5/12/16; Regular Pretrial Supervision; No Contact with Co-Defendants Except Bevan Cooney; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 5/25/16; ( Preliminary Hearing set for 6/1/2016 at 10:00 AM before Judge Unassigned.) (dif) [1:16-mj-02978-UA] (Entered: 05/12/2016)
05/11/201613 AGREEMENT TO FORFEIT PROPERTY (OTHER THAN REAL PROPERTY) by Devon Archer. Personal Recognizance Bond in the amount of $ 1,000,000 PRB, Secured by 1 Million Cash or Property (Either); Travel Limited to 48 States; Surrender Travel Documents (& No New Applications); Passport by 5/12/16; Regular Pretrial Supervision; No Contact with Co-Defendants Except Bevan Cooney; Deft to Be Released on Own Signature; Remaining Conditions to Be Met by 5/25/16 (dif) [1:16-mj-02978-UA] (Entered: 05/12/2016)
05/27/2016 CASHIERS OFFICE REMARK as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney on 21 Order on Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 5/24/2016, Receipt Number 465401153547. (nm) [1:16-mj-02978-UA] (Entered: 05/27/2016)
05/31/201622  INDICTMENT FILED as to Jason Galanis (1) count(s) 1, 2, 3, 4, Gary Hirst (2) count(s) 1, 2, 3, 4, John Galanis (3) count(s) 1, 2, Hugh Dunkerley (4) count(s) 1, 2, Michelle Morton (5) count(s) 1, 2, 3, 4, Devon Archer (6) count(s) 1, 2, Bevan Cooney (7) count(s) 1, 2. (jm) (Entered: 05/31/2016)
05/31/2016 Case Designated ECF as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (jm) (Entered: 05/31/2016)
06/02/201624 NOTICE OF ATTORNEY APPEARANCE Brian Roger Blais appearing for USA. (Blais, Brian) (Entered: 06/02/2016)
06/02/2016 Set/Reset Hearings as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: Arraignment set for 6/8/2016 at 01:30 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (arc) (Entered: 06/02/2016)
06/06/201627  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSA Aimee Hector dated June 6, 2016 re: Arraignment Document filed by USA. (Hector, Aimee) (Entered: 06/06/2016)
06/08/2016 Minute Entry for proceedings held before Judge Ronnie Abrams: Arraignment as to Jason Galanis (1) Count 1,2,3,4 and Gary Hirst (2) Count 1,2,3,4 and John Galanis (3) Count 1,2 and Hugh Dunkerley (4) Count 1,2 and Michelle Morton (5) Count 1,2,3,4 and Devon Archer (6) Count 1,2 and Bevan Cooney (7) Count 1,2 held on 6/8/2016. Plea entered by Jason Galanis (1) Count 1,2,3,4 and Gary Hirst (2) Count 1,2,3,4 and John Galanis (3) Count 1,2 and Hugh Dunkerley (4) Count 1,2 and Michelle Morton (5) Count 1,2,3,4 and Devon Archer (6) Count 1,2 and Bevan Cooney (7) Count 1,2J Not Guilty. AUSA Rebecca Mermelstein present. AUSA Brian Roger Blais present. AUSA Aimee Hector present. Postal Inspector Adam Fascio present. Intern Natalie Noble present. Pretrial Officer Erin Cunningham present. Defendant (1) Jason Galanis present with attorney Steven Witzel. Defendant (2) Gary Hirst present with attorney Michael Tremonte. Defendant (3) John Galanis present with attorney David Touger. Defendant (4) Hugh Dunkerley present with attorney Susan Brune. Defendant (5) Michelle Morton present with attorney Neil Bruce Checkman. Defendant (6) Devon Archer present with attorney Matthew Lane Schwartz. Defendant (7) Bevan Cooney present with attorney Matthew Donald Umhofer. Court reporter Kelly Surina present. All Defendants arraigned on Indictment and plead not guilty. Status conference scheduled for November 4, 2016 at 1:00 p.m. Speedy time is excluded in the interest of justice from 6/8/16 to 11/4/16. (Status Conference set for 11/4/2016 at 01:00 PM before Judge Ronnie Abrams.) (jbo) (Entered: 06/09/2016)
06/10/201636 NOTICE OF ATTORNEY APPEARANCE Rebecca Gabrielle Mermelstein appearing for USA. (Mermelstein, Rebecca) (Entered: 06/10/2016)
06/10/201638  FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER by Bevan Cooney as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from MATTHEW UMHOFER dated 06/10/2016 re: APPLICATION TO BRING PERSONAL ELECTRONIC DEVICES OR GENERAL PURPOSE COMPUTING DEVICES INTO THE COURTHOUSES OF THE SOUTHERN DISTRICT OF NEW YORK FOR USE IN A PROCEEDING OR TRIAL Document filed by Bevan Cooney. (Umhofer, Matthew) Modified on 6/13/2016 (ka). (Entered: 06/10/2016)
06/13/201641 ENDORSED LETTER as to (16-Cr-371-06) Devon Archer addressed to Judge Ronnie Abrams from Attorney Matthew L. Schwartz dated June 11, 2016 re: I writeto respectfully request the Court's permission for Mr. Archer to take a business trip to Italy, to attend Board of Director meetings for two associated companies with which Mr. Archer is involved. The Court's Pretrial Services Office consents to this request, but the Government objects. On behalf of Mr. Archer, I respectfully request that he be permitted to travel to Italy on June 17-20, 2016. ENDORSEMENT: Application granted. Mr. Archer shall report daily to Pretrial Services during his trip and shall execute a waiver of extradition before his departure. In addition, his wife and children shall surrender their passports while he is out of the country. Because it contains private travel information, the exhibit attached to Mr. Schwartz's letter shall be filed under seal. So ordered. (Signed by Judge Ronnie Abrams on 6/13/2016)(bw) (Entered: 06/13/2016)
06/14/201642 SEALED DOCUMENT placed in vault. (mps) (Entered: 06/14/2016)
06/14/201643 NOTICE OF ATTORNEY APPEARANCE Aimee Hector appearing for USA. (Hector, Aimee) (Entered: 06/14/2016)
07/14/2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 58 MOTION for Diane H. Bang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12536428. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 07/14/2016)
07/21/201661 SEALED DOCUMENT placed in vault. (rz) (Entered: 07/21/2016)
07/21/201662 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated 7/21/2016 re: Permission to Travel. ENDORSEMENT: Application granted. Mr. Archer will report daily to Pretrial Services during his trip and his children shall surrender their passports while he is out of the country. Mr. Archer's wife may accompany him. Because it contains private travel information, the exhibit attached to Mr. Schwartz's letter shall be filed under seal. So ordered. (Signed by Judge Ronnie Abrams on 7/21/2016)(ft) Modified on 7/22/2016 (ft). (Entered: 07/22/2016)
08/01/201666 SEALED DOCUMENT placed in vault. (rz) (Entered: 08/01/2016)
08/16/201674 SEALED DOCUMENT placed in vault. (mps) (Entered: 08/16/2016)
09/09/201678 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated 9/8/2016 re: Permission to Travel. ENDORSEMENT: Application granted. Mr. Archer will report daily to Pretrial Services during his trip and his children shall surrender their passports while he is out of the country. Mr. Archer's wife may accompany him. Because it contains private travel information, the exhibit attached to Mr. Schwartz's letter shall be filed under seal. So ordered. (Signed by Judge Ronnie Abrams on 9/9/2016)(ft) (Entered: 09/09/2016)
09/12/201679 SEALED DOCUMENT placed in vault. (rz) (Entered: 09/12/2016)
10/17/201683 ENDORSED LETTER as to (16-Cr-371-06) Devon Archer addressed to Judge Ronnie Abrams from Attorney Matthew L. Schwartz dated October 14, 2016 re: We represent Devon Archer, one of the defendants in the above-referenced case. I write to respectfully request the Court's permission for Mr. Archer to take a business trip to England and Lithuania. As before, if the Court permits him to travel, Mr. Archer will report daily to his Pretrial Services Officer while he is away, and Mr. Archer will surrender his wife's and three young children's passports to Pretrial Services while he is out of the county. If the Court believes that any other measures are necessary, Mr. Archer would consent to them, as well, because he has absolutely no intention of fleeing. Accordingly, on behalf of Mr. Archer, I respectfully request that he be permitted to travel to England and Lithuania for business on October 19-23, 2016. ENDORSEMENT: Application granted. Mr. Archer will report daily to Pretrial Services during his trip and his wife and children shall surrender their passports while he is out of the country. Because it contains private travel information, the exhibit attached to Mr. Schwartz's letter shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/17/2016)(bw) (Entered: 10/17/2016)
10/21/201684 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated 10/20/2016 re: Change of Itinerary. ENDORSEMENT: Application granted. Because it contains private travel information, the exhibit attached to Mr. Schwartz's letter shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/21/2016)(ft) (Entered: 10/21/2016)
10/25/201685 SEALED DOCUMENT placed in vault. (rz) (Entered: 10/26/2016)
10/26/201686 SEALED DOCUMENT placed in vault. (rz) (Entered: 10/26/2016)
11/02/201690 (S1) SUPERSEDING INDICTMENT FILED as to Jason Galanis (1) count(s) 1s, 2s, 3s, 4s, Gary Hirst (2) count(s) 1s, 2s, 3s, 4s, John Galanis (3) count(s) 1s, 2s, Hugh Dunkerley (4) count(s) 1s, 2s, Michelle Morton (5) count(s) 1s, 2s, 3s, 4s, Devon Archer (6) count(s) 1s, 2s, Bevan Cooney (7) count(s) 1s, 2s. (jm) (Entered: 11/03/2016)
11/04/2016 Minute Entry for proceedings held before Judge Ronnie Abrams: Arraignment as to Jason Galanis (1) Count 1s,2s,3s,4s and Gary Hirst (2) Count 1s,2s,3s,4s and John Galanis (3) Count 1s,2s and Michelle Morton (5) Count 1s,2s,3s,4s and Devon Archer (6) Count 1s,2s held on 11/4/2016. AUSA Rebecca Mermelstein present. AUSA Brian Roger Blais present. Defendant (1) Jason Galanis present with attorneys Lisa Scolari and Christopher Madiou. Defendant (2) Gary Hirst present with attorney Michael Tremonte. Defendant (3) John Galanis present with attorney David Touger. Defendant (4) Hugh Dunkerley appearance waived. Attorney Joseph Aaron Grob present. Defendant (5) Michelle Morton present with attorney Neil Bruce Checkman. Defendant (6) Devon Archer present with attorney Matthew Lane Schwartz. Defendant (7) Bevan Cooney appearance waived. Attorney Matthew Donald Umhofer present. Court reporter Michael McDaniel present. Defendants (1), (2), (3), (5) and (6) arraigned on Superseding Indictment and plead not guilty. Status conference scheduled for January 13, 2017 at 2:30 p.m. Speedy time is excluded in the interest of justice from 11/4/16 to 1/13/17. (ajc) (Entered: 11/07/2016)
11/04/2016 Minute Entry for proceedings held before Judge Ronnie Abrams: As to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney, Status Conference set for 1/13/2017 at 02:30 PM before Judge Ronnie Abrams. (ajc) (Entered: 11/07/2016)
11/28/201698 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated 11/24/2016 re: As before, if the Court permits him to travel, Mr. Archer will report daily to his Pretrial Services Officer while he is away, and Mr. Archer will surrender his wife's and three young children's passports to Pretrial Services while he is out of the county. Accordingly, on behalf of Mr. Archer, I respectfully request that he be permitted to travel to England and Spain for business on December 1-4, 2016..ENDORSEMENT: Application granted. Mr. Archer will report daily to Pretrial Services during his trip and his wife and children shall surrender their passports while he is out of the country. Because it contains private travel information, the exhibit attached to Mr. Schwartz's letter shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/28/2016)(jw) (Entered: 11/28/2016)
11/30/201699 SEALED DOCUMENT placed in vault. (mps) (Entered: 11/30/2016)
12/09/2016100 SEALED DOCUMENT placed in vault. (rz) (Entered: 12/09/2016)
12/09/2016101 SEALED DOCUMENT placed in vault. (rz) (Entered: 12/09/2016)
12/19/2016105  LETTER MOTION addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brian Blais and Aimee Hector dated 12/19/2016 re: opposition to Cooney motion to file ex parte CJA Affidavit . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Mermelstein, Rebecca) (Entered: 12/19/2016)
12/21/2016107 SEALED DOCUMENT placed in vault. (mps) (Entered: 12/21/2016)
01/04/2017111 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated 1/4/2017 re: I write to respectfully request the Court's permission for Mr. Archer to take a business trip to Vietnam and China. Your Honor has five times previously granted Mr. Archer permission to travel internationally on business, which he did without incident on each occasion, including to Italy, England, Spain, Latvia, Lithuania, Russia, and China....ENDORSEMENT: Application granted. Mr. Archer will report daily to his Pretrial Services Officer while he is away and will surrender his wife and children's passports to Pretrial Services while he is out of the country. The attached Exhibit will be filed under seal as it contains private travel information.. (Signed by Judge Ronnie Abrams on 1/4/2017)(jw) (Entered: 01/04/2017)
01/12/2017121 SEALED DOCUMENT placed in vault. (rz) (Entered: 01/12/2017)
01/13/2017 Set/Reset Hearings as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: Status Conference set for 3/3/2017 at 12:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (arc) (Entered: 01/13/2017)
01/13/2017 Minute Entry for proceedings held before Judge Ronnie Abrams: Status Conference as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney held on 1/13/2017. AUSA Rebecca Mermelstein present. AUSA Brian Roger Blais present. Special Agent Shannon Bieniek present. Defendant (1) Jason Galanis present with attorneys Lisa Scolari and Christopher Madiou. Defendant (2) Gary Hirst appearance waived. Attorneys Michael Tremonte and Noam Biale present. Defendant (3) John Galanis appearance waived. Attorney David Touger present. Defendant (4) Hugh Dunkerley appearance waived. Attorney Joseph Aaron Grob present. Defendant (5) Michelle Morton appearance waived. Attorney Neil Bruce Checkman present. Defendant (6) Devon Archer present with attorney Matthew Lane Schwartz. Defendant (7) Bevan Cooney appearance waived. Attorney Paula Notari present. Court reporter Eve Giniger present. Status Conference scheduled for March 3, 2017 at 12:00. Speedy time is excluded in the interest of justice from 1/13/2017 to 3/3/17. (ajc) (Entered: 01/17/2017)
01/13/2017 Minute Entry for proceedings held before Judge Ronnie Abrams: As to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney, Status Conference set for 3/3/2017 at 12:00 PM before Judge Ronnie Abrams. (ajc) (Entered: 01/17/2017)
01/17/2017122 ENDORSED LETTER as to (16-Cr-371-06) Devon Archer addressed to Judge Ronnie Abrams from Attorney Matthew L. Schwartz dated January 15, 2017 re: We represent Devon Archer, one of the defendants in the above-referenced case. On January 4, 2017, Your Honor granted Mr. Archer permission to travel to Vietnam and China on business, from January 16 through January 24. [ECF No. 111]. I write to advise the Court of a change in Mr. Archer's proposed itinerary. Specifically, rather than returning directly from Vietnam to New York, Mr. Archer's proposed itinerary would take him to London for two days, to meet with management of two companies with which he is involved. Consistent with the Court's order, Mr. Archer has apprized Pretrial Services of this change in itinerary, and Pretrial has no objection. A revised itinerary is attached as Exhibit A, which we respectfully request be filed under seal. ENDORSEMENT: SO ORDERED. (Signed by Judge Ronnie Abrams on 1/17/2017)(bw) (Entered: 01/17/2017)
01/17/2017 Transmission to Sealed Records Clerk: as to Devon Archer (6). Transmitted re: 122 Endorsed Letter, to the Sealed Records Clerk for the sealing of document. (bw) (Entered: 01/17/2017)
01/20/2017125 SEALED DOCUMENT placed in vault. (mps) (Entered: 01/20/2017)
01/27/2017126  LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated 1/27/2017 re: Production of Newly-Obtained Search Warrant and Supporting Application, and To Prevent Google From Producing Responsive Records Pending the Defendants' Opportunity to Review Those Materials . Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 01/27/2017)
01/27/2017127 MEMO ENDORSEMENT granting 126 LETTER MOTION The Court should enter an order (a) compelling the government to immediately produce copies of the warrant and application, and (b) requiring Google to refrain from providing data responsive to the warrant for at least a period of 30 days from the date that the government makes such production so that Mr. Archer may make any appropriate motion to challenge the warrant...ENDORSEMENT...The Government shall submit a response by January 30, 2017 at 5:00 p.m. The Government and counsel for Mr. Archer shall appear for a conference on January 31, 2017 at 4:30pm. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/27/2017) (jw) (Entered: 01/30/2017)
01/30/2017130  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brian Blais and Aimee Hector dated 1-30-2017 re: Opposition the Archer/Cooney Motion to Delay Execution of Email SW Document filed by USA. (Mermelstein, Rebecca) (Entered: 01/30/2017)
01/31/2017 Minute Entry for proceedings held before Judge Ronnie Abrams:Status Conference as to Devon Archer held on 1/31/2017. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brian Roger Blais present. AUSA Aimee Hector present. FBI Agent Shannon Bieniek present. Defendant (6) Devon Archer present with attorneys Daniel R. Schwartz, Matthew L. Schwartz and Stephen Kyriacou, Jr. Defendant (7) Bevan Cooney appearance waived. Attorneys Paula Jaclyn Notari and Abraham J. Hassen present. Court reporter Melissa Mormile present. (jw) (Entered: 02/02/2017)
02/01/2017132  LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated 02/01/2017 re: Stay Pending Appeal . Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 02/01/2017)
02/01/2017142 NOTICE OF APPEAL by Devon Archer from 140 Order. Filing fee $ 505.00, receipt number 465401173551. (tp) (Entered: 02/06/2017)
02/02/2017134  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Aimee Hector and Brian Blais dated 2-2-2017 re: Opposition to Archer/Cooney motion to stay Document filed by USA. (Mermelstein, Rebecca) (Entered: 02/02/2017)
02/02/2017135 TRANSCRIPT of Proceedings as to Devon Archer re: Conference held on 1/31/17 before Judge Ronnie Abrams. Court Reporter/Transcriber: Melissa Mormile, (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 2/23/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/3/2017. (McGuirk, Kelly) (Entered: 02/02/2017)
02/02/2017136 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Devon Archer. Notice is hereby given that an official transcript of a Conference proceeding held on 1/31/17 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: 02/02/2017)
02/02/2017137  LETTER by Devon Archer as to Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated 02/02/2017 re: Written Order Denying Motion Document filed by Devon Archer. (Attachments: # 1 Notice of Appeal)(Schwartz, Matthew) (Entered: 02/02/2017)
02/03/2017140 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. On or about December 28, 2016, the Government sought, and Magistrate Judge Moses issued, a search warrant for electronic data pertaining to several email accounts, including accounts associated with Defendants Devon Archer and Bevan Cooney. See Dkt. 128 at 1; Dkt. 130 at 1. The warrant was served on at least two service providers: Google and Apptix. See Dkt. 130 at 1. Before making a production pursuant to the warrant, Google notified Archer and Cooney and provided them with redacted copies of the warrant. See Dkt. 126 at 1; Dkt. 128 at 1. After receiving notice from Google, Archer and Cooney filed motions (the "Initial Motions to Stay") asking the Court to (1) compel the Government to provide them with unredacted copies of the warrant and supporting application and (2) stay the execution of the warrant while Archer and Cooney decided whether to file motions to quash. See Dkt. 126 at 1; Dkt. 128 at 1. On January 30, 2017, the Government agreed to provide the warrant and application to all defense counsel in the case, and disclosed that Apptix had already made a production pursuant to the warrant of materials from an email account associated with Archer. See Dkt. 130 at 1-2. The Court held a conference on January 31, 2017 to discuss the Initial Motions to Stay. During the conference, Archer modified his Initial Motion to Stay to request that the Court also enjoin the Government from reviewing the contents of the Apptix production pending a potential motion to quash. The Court denied the Initial Motions to Stay on the record, but ordered any production by Google and review by the Government of the Apptix production to be held in abeyance to allow for the instant motions. The Court assumes familiarity with the Court's ruling. On February 1, 2017, Archer and Cooney filed motions to stay the Court's January 31 ruling pending appeal (the "Motions to Stay Pending Appeal"), Dkts. 132-33, which the Court now denies. In determining whether to grant such a stay, a court must weigh "the likelihood of success on the merits, irreparable injury if a stay is denied, substantial injury to the party opposing a stay if one is issued, and the public interest." Mohammed v. Reno, 309 F.3d 95, 100 (2d Cir. 2002). Having weighed these factors, the Court concludes that a stay is not warranted. For the reasons stated in the Government's opposition to the Motions to Stay Pending Appeal, Archer and Cooney have not demonstrated a likelihood of success on the merits. See Dkt. 134 at 2-6. As the Court's January 31 ruling made clear, this Court will not mandate that the Government cease its investigation and trial preparation with respect to the materials from Google and Apptix while Archer and Cooney decide whether to challenge the search warrant. Moreover, appellate jurisdiction is, at best, uncertain. The Court also finds that any injury that Archer and Cooney may suffer in the absence of a stay is speculative, and not irreparable. The alleged injury to Archer and Cooney is the Government's potential misuse of privileged or other non-responsive materials, which is not actual and imminent, especially where, as here, the Government has committed to adhere to procedures designed to avoid such harm. See id. at 6-7. Should Archer and Cooney determine at a later date that the Government has encountered privileged or other non-responsive materials, they can seek to suppress those materials, request a taint hearing, or even ask the Court to disqualify members of the Government team who encountered the materials. The harm to the opposing party and public interest factors also weigh against a stay. The Sixth Amendment and the Speedy Trial Act recognize the interest of the public and criminal defendants in the prompt resolution of criminal cases. See U.S. Const. amend. VI; 18 U.S.C. § 3161 et seq. Halting the Government's review of the materials sought by the warrant would delay the Government's investigation, and, quite possibly, this entire case. The Court is also wary of setting a precedent that could unduly hinder the timely prosecution of future cases. The Initial Motions to Stay are denied for the reasons previously stated on the record, and the Motions to Stay Pending Appeal are denied for the reasons set forth in this order. The Court will, however, allow Archer and Cooney seventy-two hours to seek a stay pending appeal from the Second Circuit. See, e.g., Diorinou v. Mezitis, 237 F.3d 133, 138 (2d Cir. 2001). The Clerk of Court is respectfully directed to close the motions pending at Docket Numbers 132 and 133. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/3/2017)(bw) (Entered: 02/03/2017)
02/06/2017 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Devon Archer to US Court of Appeals re: 142 Notice of Appeal. (tp) (Entered: 02/06/2017)
02/06/2017 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Devon Archer re: 142 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp) (Entered: 02/06/2017)
02/06/2017143 ORDER of USCA (Certified Copy) as to Devon Archer, Bevan Cooney re: 141 Notice of Appeal, 142 Notice of Appeal. USCA Case Number 17-346(L), 17-348(Con.). Appellant Devon Archer filed a motion for a stay of the district courts January 31, 2017 order pending appeal, for a temporary stay of the order pending onsideration of this motion, and for expedited briefing and consideration of the merits of the appeal. IT IS HEREBY ORDERED that the motion for a stay pending appeal and to expedite the appeal is REFERRED to a three-judge panel. IT IS FURTHER ORDERED that a temporary stay of the order is GRANTED until the panel considers and resolves the motion for a stay pending appeal. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Issued As Order: 02/06/2017. (nd) (Entered: 02/06/2017)
02/10/2017144 SEALED DOCUMENT placed in vault. (rz) (Entered: 02/10/2017)
02/16/2017148 ENDORSED LETTER as to (16-Cr-371-06) Devon Archer addressed to Judge Ronnie Abrams from Attorney Matthew L. Schwartz dated February 15, 2017 re: I write to respectfully request the Court's permission for Mr. Archer to take a business trip to Singapore, Malaysia, and the Philippines. Your Honor has six times previously granted Mr. Archer permission to travel internationally on business, which he did without incident on each occasion, including to Italy, England, Spain, Latvia, Lithuania, Russia, Vietnam, and China. As before, the Court's Pretrial Services Office consents to this request, but the Government objects. ENDORSEMENT: Application granted. Mr. Archer will report daily to his Pretrial Services Officer while he is away and will surrender his children's passports to Pretrial Services while he is out of the country. The attached Exhibit will be filed under seal as it contains private travel information. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/16/2017)(bw) (Entered: 02/16/2017)
02/23/2017153 SEALED DOCUMENT placed in vault. (mps) (Entered: 02/23/2017)
02/23/2017154 SEALED DOCUMENT placed in vault. (mps) (Entered: 02/23/2017)
02/24/2017 All proceedings before the Honorable Ronnie Abrams will be held in Courtroom 506, 40 Foley Square, New York, New York 10007 from February 27, 2017-March 10, 2017. (arc) (Entered: 02/24/2017)
03/03/2017 Minute Entry for proceedings held before Judge Ronnie Abrams:Status Conference as to Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney held on 3/3/2017, as to Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney( Motions due by 10/2/2017., Replies due by 10/30/2017., Responses due by 10/23/2017, Status Conference set for 11/20/2017 at 10:00 AM before Judge Ronnie Abrams.) AUSA Brian Roger Blais present. Defendant (2) Gary Hirst appearance waived. Attorney Michael Tremonte present. Defendant (3) John Galanis appearance waived. Attorney David Touger present. Defendant (4) Hugh Dunkerley appearance waived. Attorney Joseph Aaron Grob present. Defendant (5) Michelle Morton present with attorneys Gregory Robert Morvillo and Eugene Ingoglia. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz and Daniel R. Schwartz. Defendant (7) Bevan Cooney appearance waived. Attorneys Paula Notari and Abraham Jabir Abegaz-Hassen present. Court reporter Kris Sellin present. Motions due October 2, 2017, Responses due October 23, 2017, Replies due October 30, 2017. Hearing scheduled for November 20, 2017 at 10:00 a.m. Pretrial submissions due January 17, 2018, Oppositions due January 24, 2018. Final pretrial Conference scheduled for January 31, 2018 at 2:00 p.m. Trial scheduled for February 5, 2018. Speedy time is excluded in the interest of justice from 3/3/2017 to 2/5/18. (jw) (Entered: 03/06/2017)
03/07/2017163 SEALED DOCUMENT placed in vault. (mps) (Entered: 03/07/2017)
03/07/2017164 SEALED DOCUMENT placed in vault. (mps) (Entered: 03/07/2017)
03/07/2017165 SEALED DOCUMENT placed in vault. (mps) (Entered: 03/07/2017)
03/23/2017166 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Matthew I. Schwartz dated 3/22/2017 re: To request permission to travel....ENDORSEMENT: Application granted. Mr. Archer will report daily to his Pretrial Services Officer while he is away. The attached Exhibit will be filed under seal as it contains private travel information. (Signed by Judge Ronnie Abrams on 3/23/2017)(jw) (Entered: 03/23/2017)
03/24/2017168 TRANSCRIPT of Proceedings as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re: Conference held on 3/3/17 before Judge Ronnie Abrams. Court Reporter/Transcriber: Khristine Sellin, (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 4/14/2017. Redacted Transcript Deadline set for 4/24/2017. Release of Transcript Restriction set for 6/22/2017. (McGuirk, Kelly) (Entered: 03/24/2017)
03/24/2017169 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. Notice is hereby given that an official transcript of a Conference proceeding held on 3/3/17 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: 03/24/2017)
03/30/2017171 SEALED DOCUMENT placed in vault. (rz) (Entered: 03/30/2017)
03/30/2017172 MANDATE of USCA (Certified Copy) as to Devon Archer, Bevan Cooney re: 142 Notice of Appeal 141 Notice of Appeal. USCA Case Number 17-346 (L), 17-348 (Con). Appellants move to stay the district court's denial of a motion to block production and review of records from their email service providers. The Government opposes and moves to file an oversized brief and dismiss the appeals for lack of appellate jurisdiction. This Court has determined that it lacks jurisdiction over these appeals because a final order has not been issued by the district court as contemplated by 28 U.S.C. § 1291. See Flanagan v. United States, 465 U.S. 259, 263 (1984). Upon due consideration, it is hereby ORDERED that the Government's motions are GRANTED, and the appeals are DISMISSED. It is further ORDERED that Appellants' motion for a stay is DENIED as moot.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/30/2017. (nd) (Entered: 03/31/2017)
04/10/2017174 SEALED DOCUMENT placed in vault. (mps) (Entered: 04/10/2017)
05/01/2017178 MANDATE of USCA (Certified Copy) as to Devon Archer. USCA Case Number 17-353. Petitioner has filed a petition for a writ of mandamus. The Government, the respondent in this case, moves for leave to file an oversized response and to dismiss Petitioner's related appeal. Upon due consideration, it is hereby ORDERED that the mandamus petition is DENIED because Petitioner has not demonstrated that he lacks an adequate, alternative means of obtaining relief. See In re von Bulow, 828 F.2d 94, 98 (2d Cir. 1987). It is further ORDERED that the Government's motions are DENIED as moot.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/01/2017. (nd) (Entered: 05/01/2017)
05/09/2017179 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated 5/9/17 re: To request the Court's permission for Mr. Archer to take a business trip to England...ENDORSEMENT: Application granted. Mr. Archer will report daily to his Pretrial Services Officer while he is away. The attached Exhibit will be filed under seal as it contains private travel information. (Signed by Judge Ronnie Abrams on 5/9/17)(jw) (Entered: 05/10/2017)
05/12/2017180 SEALED DOCUMENT placed in vault. (rz) (Entered: 05/12/2017)
06/06/2017181 SEALED DOCUMENT placed in vault. (rz) (Entered: 06/06/2017)
06/06/2017182 ENDORSED LETTER as to (S1-16-Cr-371-06) Devon Archer addressed to Judge Ronnie Abrams from Attorney Matthew L. Schwartz dated June 5, 2017 re: I write to respectfully request the Court's permission for Mr. Archer to take a business trip to England. ENDORSEMENT: Application granted. Mr. Archer will report daily to his Pretrial Services Officer while he is away and his wife and young children shall surrender their passports to Pretrial Services while he is out of the country. The attached exhibit will be filed under seal as it contains private travel information. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/6/2017)(bw) (Entered: 06/06/2017)
06/13/2017185 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated 6/13/17 re: To request the Court's permission for Mr. Archer to take a business trip to the Philippines and China....ENDORSEMENT: Application granted. Mr. Archer will report daily to his Pretrial Services Officer while he is away and his wife and young children shall surrender their passports to Pretrial Services while he is out of the country. The attached exhibit will be filed under seal as it contains private travel information. (Signed by Judge Ronnie Abrams on 6/13/17)(jw) (Entered: 06/13/2017)
06/15/2017186 SEALED DOCUMENT placed in vault. (rz) (Entered: 06/16/2017)
06/15/2017187 SEALED DOCUMENT placed in vault. (rz) (Entered: 06/16/2017)
06/15/2017188 SEALED DOCUMENT placed in vault. (rz) (Entered: 06/16/2017)
07/26/2017189 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated 7/25/17 re: To request the Court's permission for Mr. Archer to travel...ENDORSEMENT: Application granted. Mr. Archer will report daily to his Pretrial Services Officer while he is away. He may travel with one of his children, but shall surrender the passports of his wife and other children. The attached exhibit shall be filed under seal as it contains private travel information. (Signed by Judge Ronnie Abrams on 7/26/17)(jw) (Entered: 07/26/2017)
07/26/2017190  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 7/26/2017 re: Preliminary Response to Archer Motion Document filed by USA. (Mermelstein, Rebecca) (Entered: 07/26/2017)
07/26/2017191  LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated July 26, 2017 re: Return or destruction of non-responsive material . Document filed by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Schwartz, Matthew) (Entered: 07/26/2017)
07/26/2017193 ORDER as to Devon Archer. Earlier this evening, Defendant Devon Archer submitted a letter-motion requesting that the Court order all defendants in this case to return or destroy the Government's most recent production. The Government is directed to respond to Mr. Archer's motion by the end of the day tomorrow. While Mr. Archer's motion is pending, all defendants and their counsel (other than Mr. Archer and his counsel) shall refrain from accessing, reviewing, or disclosing any materials that were produced by the Government and that come from e-mail accounts associated with Mr. Archer. Mr. Archer's letter-motion and the Government's initial response to Mr. Archer's motion must be filed on the public docket as soon as reasonably practicable. Mr. Archer may file his letter-motion with the redactions proposed to the Court (Signed by Judge Ronnie Abrams on 7/26/2017)(jw) (Entered: 07/27/2017)
07/27/2017195  LETTER MOTION addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 7/27/2017 re: Response to Archer Letter Motion . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Mermelstein, Rebecca) (Entered: 07/27/2017)
07/27/2017196 LETTER RESPONSE in Support of Motion by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated July 27, 2017 re: 191 LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated July 26, 2017 re: Return or destruction of non-responsive material .. (Schwartz, Matthew) (Entered: 07/27/2017)
07/28/2017199  LETTER by USA as to Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Brian R. Blais, Rebecca Mermelstein and Andrea Griswold dated July 28, 2017 re: Responding to Defendant Archer's Letter of July 27, 2017 Regarding the Search Warrant Review Protocol Document filed by USA. (Blais, Brian) (Entered: 07/28/2017)
07/28/2017200 SEALED DOCUMENT placed in vault. (rz) (Entered: 07/28/2017)
07/28/2017201 LETTER RESPONSE in Support of Motion by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated July 28, 2017 re: 191 LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated July 26, 2017 re: Return or destruction of non-responsive material .. (Schwartz, Matthew) (Entered: 07/28/2017)
07/31/2017202 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. The Court has received several letters concerning the handling of materials that the Government obtained pursuant to a search warrant from e-mail accounts associated with Defendants Devon Archer and Bevan Cooney. A conference to discuss the issues raised in these letters is scheduled for August 3, 2017 at 2:30 p.m. All defendants and their counsel must be present except for defendants who submit a written waiver in advance of the conference. All defendants and their counsel shall continue to refrain from accessing, reviewing, or disclosing any materials that come from e-mail accounts associated with Mr. Archer or Mr. Cooney and that were produced by the Government. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/31/2017)(bw) (Entered: 07/31/2017)
07/31/2017203  LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated July 31, 2017 re: Request to be excused from August 3 conference due to Court-approved travel . Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 07/31/2017)
07/31/2017204  LETTER MOTION addressed to Judge Ronnie Abrams from Paula J. Notari dated July 31, 2017 re: Request by Bevan Cooney to be Excused from August 3, 2017 Conference . Document filed by Bevan Cooney as to Devon Archer. (Notari, Paula) (Entered: 07/31/2017)
08/01/2017208 MEMO ENDORSEMENT granting 203 LETTER MOTION Accordingly, I respectfully request that his personal appearance at this Thursday's conference be excused. See Fed. R. Crim. P. 43(b)(3) as to Devon Archer...ENDORSEMENT...Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/1/2017) (jw) (Entered: 08/01/2017)
08/02/2017211 NOTICE OF ATTORNEY APPEARANCE Andrea Michelle Griswold appearing for USA. (Griswold, Andrea) (Entered: 08/02/2017)
08/03/2017212 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. The Government recently made a production to the defendants in this case of materials that the Government obtained pursuant to a search warrant for (1) two e-mail accounts used by Defendant Devon Archer, (2) two e-mail accounts used by Archer's assistant, and (3) one e-mail account used by Defendant Bevan Cooney. As discussed during today's conference, all defendants are ordered to return or destroy this production. Consistent with its obligations under Federal Rule of Criminal Procedure 16, the Government is ordered to replace the production with a new production consisting solely of materials responsive to the warrant, and to do so on a rolling basis. The Clerk of Court is respectfully directed to terminate the motions pending at Docket Numbers 191, 195, and 197. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/3/2017)(bw) (Entered: 08/04/2017)
08/09/2017215 SENTENCING SUBMISSION by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Exhibit)(Mermelstein, Rebecca) (Entered: 08/09/2017)
08/10/2017216  LETTER MOTION addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 8/10/2017 re: Entry of Protective Order . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Text of Proposed Order)(Mermelstein, Rebecca) (Entered: 08/10/2017)
08/10/2017218 MEMO ENDORSEMENT as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney on re: 216 LETTER MOTION addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 8/10/2017 re: Entry of Protective Order filed by USA. ENDORSEMENT: Mr. Archer shall submit a letter by August 14, 2017 explaining his position and citingrelevant authority in support thereof. (Signed by Judge Ronnie Abrams on 8/10/2017)(ft) (Entered: 08/10/2017)
08/10/2017219 Sentencing Letter by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Abrams from AUSA Rebecca Mermelstein dated 8/10/2017 re: victim impact statement. (Attachments: # 1 Exhibit)(Mermelstein, Rebecca) (Entered: 08/10/2017)
08/11/2017220 Sentencing Letter by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Honorable Ronnie Abrams from AUSA Rebecca Mermelstein dated 8/11/2017 re: Victim Impact Statement - Birmingham Water Works. (Attachments: # 1 Exhibit)(Mermelstein, Rebecca) (Entered: 08/11/2017)
08/14/2017221  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated August 14, 2017 re: Proposed Protective Order Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 08/14/2017)
08/14/2017222 MEMO ENDORSEMENT as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney on re: 221 LETTER by Devon Archer addressed to Judge Ronnie Abrams from Attorney Matthew L. Schwartz dated August 14, 2017 re: Proposed Protective Order. I write pursuant to the Court's order of August 10, 2017 [ECF No. 218], which directed Mr. Archer to respond to the government's application for a protective order [ECF No. 216]. In addition, I write to request clarification and/or relief from the Court's August 3rd order [ECF No. 212]. The order directed all defendants to "return or destroy" the government's production of materials obtained pursuant to a search warrant for (1) two e-mail accounts associated with Mr. Archer, (2) two e-mail accounts associated with Mr. Archer's assistant, and (3) one e-mail account associated with another defendant. Mr. Archer respectfully requests that he be allowed to retain the materials produced by the government, solely with respect to the two e-mail accounts associated with him (i.e., category (1)). ENDORSEMENT: Mr. Archer may retain the materials obtained from his e-mail accounts. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/14/2017)(bw) (Entered: 08/15/2017)
08/14/2017223 MEMO ENDORSEMENT as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney on re: 216 LETTER MOTION addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 8/10/2017 re: Entry of Protective Order filed by USA. ENDORSEMENT: Paragraph 7 of the proposed Protective Order refers to "July 18 Materials" and "materials designated Confidential Materials by defense counsel." The proposed Protective Order does not define "July 18 Materials" and does not otherwise discuss "materials designated... by defense counsel." The Government shall explain why this language is included or submit a revised proposal by August 17, 2017. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/14/2017)(ft) (Entered: 08/15/2017)
08/15/2017225 SEALED DOCUMENT placed in vault. (mps) (Entered: 08/15/2017)
08/15/2017226  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 8/15/2017 re: Updated Protective Order Document filed by USA. (Attachments: # 1 Text of Proposed Order)(Mermelstein, Rebecca) (Entered: 08/15/2017)
08/15/2017227 PROTECTIVE ORDER as to (S1-16-Cr-371-) Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. WHEREAS the Government has produced and intends to produce to the defendants (along with the Government, the "parties") certain discovery materials pursuant to Federal Rule of Criminal Procedure 16 ("Rule 16"), Title 18, United States Code, Section 3500, Brady v. Maryland, and/or United States v. Giglio, which contain and/or reflect confidential information, including but not limited to personally identifying information such as names, social security numbers, dates of birth, home addresses, and telephone numbers, as well as confidential bank account information and other personal business or financial information. Such discovery materials are referred to herein as "Confidential Material"; and WHEREAS pursuant to Rule 16(d)(1), and for good cause shown, the parties desire to protect the confidentiality of Confidential Material; IT IS HEREBY ORDERED: 1. Any Confidential Material produced by the Government in this action shall be Bates-stamped with the designation "Confidential" or otherwise clearly identified by the Government to counsel for the defendants as subject to the provisions of this Order. 2. Confidential Material: (a) shall be used by the defendants and their counsel only for purposes of this action; (b) shall not be disclosed in any form by the defendants or their counsel except as set forth below; (c) may be disclosed only to the following persons (hereinafter "Designated Persons"):...[See this Protective Order]... 6. The provisions of this Order shall not terminate at the conclusion of this case and the Court will retain jurisdiction to enforce this Order following termination of the case. IT IS SO ORDERED. (Signed by Judge Ronnie Abrams on 8/15/2017)(bw) (Entered: 08/16/2017)
08/31/2017235 SEALED DOCUMENT placed in vault. (mps) (Entered: 08/31/2017)
09/20/2017236 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated 9/20/2017 re: Permission to Travel. ENDORSEMENT: Application granted. Mr. Archer will report daily to his Pretrial Services Officer while he is away. He shall surrender the passports of his wife and small children. The attached exhibit shall be filed under seal as it contains private information. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/20/2017)(ft) (Entered: 09/20/2017)
09/21/2017237 FIRST LETTER MOTION addressed to Judge Ronnie Abrams from Michael Tremonte dated 9/21/2017 re: Adjournment of Motions Deadline . Document filed by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Biale, Noam) (Entered: 09/21/2017)
09/22/2017238 SEALED DOCUMENT placed in vault. (rz) (Entered: 09/22/2017)
09/25/2017239  LETTER MOTION addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 9/25/2017 re: opposition to defense motion to adjourn motion schedule . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Mermelstein, Rebecca) (Entered: 09/25/2017)
09/26/2017240 LETTER RESPONSE in Support of Motion by Devon Archer, Bevan Cooney as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz and Paula Notari dated September 26, 2017 re: 237 FIRST LETTER MOTION addressed to Judge Ronnie Abrams from Michael Tremonte dated 9/21/2017 re: Adjournment of Motions Deadline ., 239 LETTER MOTION addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 9/25/2017 re: opposition to defense motion to adjourn motion schedule .. (Schwartz, Matthew) (Entered: 09/26/2017)
09/26/2017241 LETTER REPLY TO RESPONSE to Motion by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Michael Tremonte/Noam Biale dated 9/26/2017 re 239 LETTER MOTION addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 9/25/2017 re: opposition to defense motion to adjourn motion schedule .. (Biale, Noam) (Entered: 09/26/2017)
09/26/2017244 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. The Court is in receipt of Defendants' letter motions submitted on September 21 and 26 and the Government's opposition submitted on September 25. The Government is to notify the Court, no later than September 28, 2017, as to when it anticipates completing production of the material obtained pursuant to the search warrants executed upon the email accounts of Defendants Archer and Cooney and Archer's assistant. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/26/2017)(bw) (Entered: 09/26/2017)
09/27/2017245  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 9/27/2017 re: notification that the Government intends to complete its review of non-priv SW results by October 13, 2017 Document filed by USA. (Mermelstein, Rebecca) (Entered: 09/27/2017)
09/27/2017246 ORDER as to Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney ( Motions due by 11/6/2017., Replies due by 12/4/2017., Responses due by 11/27/2017, Status Conference set for 1/31/2018 at 02:00 PM before Judge Ronnie Abrams.)The Court is in receipt of the additional letters submitted by Defendants and the Government on September 26 and 27. The Government expects to complete its review of the non-privileged materials obtained pursuant to the search warrants by October 13, 2017. Dkt. 245. The motions schedule is thus hereby amended as follows: Motions are due November 6, 2017; Responses are due November 27, 2017; Replies are due December 4, 2017.The parties are further notified that the hearing scheduled for November 20, 2017 will instead be held on December 8, 2017 at 2:00 p.m. Finally, the schedule for pretrial submissions is modified as follows: submissions are due January 10, 2018, with opposition due January 17, 2018. The date and time of the final pretrial conference shall remain January 31, 2018 at 2:00 p.m. SO ORDERED (Signed by Judge Ronnie Abrams on 9/27/17)(jw) (Entered: 09/27/2017)
10/09/2017248 NOTICE OF ATTORNEY APPEARANCE Brendan Francis Quigley appearing for USA. (Quigley, Brendan) (Entered: 10/09/2017)
10/18/2017249  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Extension of Time for pretrial motions and trial schedule, or in the alternative., MOTION for Conference . Document filed by Gary Hirst, John Galanis, Devon Archer, Bevan Cooney as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Schwartz, Matthew) Modified on 10/18/2017 (ka). (Entered: 10/18/2017)
10/18/2017 NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: Notice to Attorney Matthew Lane Schwartz to RE-FILE Document 249 MOTION for Extension of Time for pretrial motions and trial schedule, or in the alternative. MOTION for Conference. Use the event type Letter Motion found under the event list Motions. (ka) (Entered: 10/18/2017)
10/18/2017250  LETTER MOTION addressed to Judge Ronnie Abrams from Michael Tremonte, David Touger, Matthew Schwartz, and Paula Notari dated October 18, 2017 re: Adjournment of motion/trial schedule or, in the alternative, for a court conference . Document filed by Gary Hirst, John Galanis, Devon Archer, Bevan Cooney as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Schwartz, Matthew) (Entered: 10/18/2017)
10/20/2017251  LETTER MOTION addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated 10/20/2017 re: 250 LETTER MOTION addressed to Judge Ronnie Abrams from Michael Tremonte, David Touger, Matthew Schwartz, and Paula Notari dated October 18, 2017 re: Adjournment of motion/trial schedule or, in the alternative, for a court conference . re: Opposition to Defendants' Motion to Adjourn Motion Schedule and Trial . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Mermelstein, Rebecca) (Entered: 10/20/2017)
10/20/2017252 NOTICE OF ATTORNEY APPEARANCE Negar Tekeei appearing for USA. (Tekeei, Negar) (Entered: 10/20/2017)
10/20/2017253  LETTER MOTION addressed to Judge Ronnie Abrams from Michael Tremonte, David Touger, Matthew Schwartz, and Paula Notari dated October 20, 2017 re: Reply to Government's Opposition re: Adjournment of motion/trial schedule, or in the alternative, for a court conference. . Document filed by Gary Hirst, John Galanis, Devon Archer, Bevan Cooney as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Exhibit Exhibit A (March 3,2017 transcript))(Notari, Paula) (Entered: 10/20/2017)
10/23/2017254 MEMO ENDORSEMENT as to Gary Hirst, John Galanis, Devon Archer, Bevan Cooney on re: 253 LETTER MOTION addressed to Judge Ronnie Abrams from Michael Tremonte, David Touger, Matthew Schwartz, and Paula Notari dated October 20, 2017 re: Reply to Government's Opposition re: Adjournment of motion/trial schedule, or in the alternativ filed by John Galanis, Devon Archer, Gary Hirst, Bevan Cooney. ENDORSEMENT: All parties shall appear for a conference on October 26, 2017 at 11 :30 a.m. in order to discuss the issues raised in the submissions of October 18 and 20. SO ORDERED. (Status Conference set for 10/26/2017 at 11:30 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 10/23/2017)(ft) Modified on 10/23/2017 (ft). (Entered: 10/23/2017)
10/23/2017 ***DELETED DOCUMENT. Deleted document number 255 MEMO ENDORSEMENT, as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. The document was incorrectly filed in this case. (lnl) (Entered: 10/23/2017)
10/26/2017 Minute Entry for proceedings held before Judge Ronnie Abrams: Status Conference as to Gary Hirst, John Galanis, Michelle Morton, Devon Archer, Bevan Cooney held on 10/26/2017. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. Defendant (2) Gary Hirst appearance waived. Attorney Justine Harris present on behalf of Michael Tremonte Defendant (3) John Galanis appearance waived. Attorney David Touger present. Defendant (5) Michelle Morton appearance waived. Attorney Gregory Robert Morvillo present. Defendant (6) Devon Archer present with attorney Matthew Lane Schwartz. Defendant (7) Bevan Cooney appearance waived. Attorney Paula Notari present. Court reporter Tara Jones present. (jbo) (Entered: 10/26/2017)
10/26/2017262  LETTER by Gary Hirst, John Galanis, Devon Archer, Bevan Cooney as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Michael Temonte, David Touger, Matthew Schwartz, and Paula Notari dated October 26, 2017 re: Adjournment Document filed by Gary Hirst, John Galanis, Devon Archer, Bevan Cooney. (Schwartz, Matthew) (Entered: 10/26/2017)
10/27/2017263  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 10/27/2017 re: defendant's request for July trial Document filed by USA. (Mermelstein, Rebecca) (Entered: 10/27/2017)
10/27/2017264 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. In light of the matters discussed at yesterday's conference, it is hereby ORDERED: -The trial is adjourned until April 30, 2018. -The motion schedule is altered as follows: motions are due by January 15, 2018; responses by February 5, 2018; and any replies by February 12, 2018. -The conference currently scheduled for December 8, 2017 is adjourned until March 2, 2018 at 11:00 a.m. -Final Pretrial submissions, including any in limine motions, are due by April 2, 2018 and any responses by April 9, 2018. The parties shall file the proposed jury instructions and verdict form jointly. These joint submissions shall consist of single documents, jointly composed, noting any areas of disagreement between the parties and should also be submitted by email to Chambers in Word format. -The Final Pretrial Conference is adjourned until April 25, 2018 at 3:00 p.m. -Upon consent of all of the parties, time is excluded through April 30, 2018 under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A). SO ORDERED. (Signed by Judge Ronnie Abrams on 10/27/2017)(bw) (Entered: 12/21/2017)
12/20/2017266  LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated December 20, 2017 re: Identification of Discovery Materials . Document filed by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Schwartz, Matthew) (Entered: 12/20/2017)
12/21/2017267  LETTER MOTION addressed to Judge Ronnie Abrams from Gregory Morvillo dated 12/21/2017 re: Review of SEC documents collected in civil investigation . Document filed by Michelle Morton as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Exhibit)(Morvillo, Gregory) (Entered: 12/21/2017)
12/21/2017268  LETTER MOTION addressed to Judge Ronnie Abrams from Michael Tremonte/Noam Biale dated 12/21/2017 re: Requesting that the Court order disclosure of all material obtained by the SEC in the course of its joint investigation with the US Attorney's Office . Document filed by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Biale, Noam) (Entered: 12/21/2017)
12/22/2017269 MEMO ENDORSEMENT as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney on re: 268 LETTER MOTION addressed to Judge Ronnie Abrams from Michael Tremonte/Noam Biale dated 12/21/2017 re: Requesting that the Court order disclosure of all material obtained by the SEC in the course of its joint investigation with the US Attorney' filed by Gary Hirst. ENDORSEMENT: No later than December 29, 2017, the Government shall respond to Defendants' letters of December 20 and 21. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/22/2017)(ft) (Entered: 12/22/2017)
12/22/2017270  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 12/22/2017 re: adjournment Document filed by USA. (Mermelstein, Rebecca) (Entered: 12/22/2017)
12/22/2017271 MEMO ENDORSEMENT as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney on re: 270 Letter, filed by USA. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/22/2017)(ft) (Entered: 12/22/2017)
12/22/2017 Set/Reset Deadlines/Hearings as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: Responses due by 1/5/2018. (ft) (Entered: 12/22/2017)
12/27/2017273  LETTER MOTION addressed to Judge Ronnie Abrams from Gregory Morvillo dated December 27, 2017 re: Reschedule Oral Argument Date . Document filed by Michelle Morton as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Morvillo, Gregory) (Entered: 12/27/2017)
01/02/2018275 MEMO ENDORSEMENT granting 273 LETTER MOTION as to Jason Galanis (1), Gary Hirst (2), John Galanis (3), Hugh Dunkerley (4), Michelle Morton (5), Devon Archer (6), Bevan Cooney (7). ENDORSEMENT: Application granted. The hearing set for March 2, 2018 is adjourned until March 6 at 2:00 p.m. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/2/2018) (ft) (Entered: 01/02/2018)
01/02/2018 Set/Reset Deadlines/Hearings as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: Oral Argument set for 3/6/2018 at 02:00 PM before Judge Ronnie Abrams. (ft) (Entered: 01/02/2018)
01/03/2018276 SEALED DOCUMENT placed in vault. (mps) (Entered: 01/03/2018)
01/03/2018277 SEALED DOCUMENT placed in vault. (mps) (Entered: 01/03/2018)
01/04/2018278  LETTER MOTION addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated 1/4/2018 re: Opposition to defendant discovery motion . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Mermelstein, Rebecca) (Entered: 01/04/2018)
01/05/2018279 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. The Court previously ordered that pretrial submissions be due January 15, 2018. Dkt. 264. In light of the Court's observance of the Martin Luther King, Jr. holiday, pretrial submissions shall instead be due on January 16, 2018. All other deadlines set in the October 27, 2017 scheduling order shall remain the same. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/5/2018)(ft) (Entered: 01/05/2018)
01/16/2018285  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION (i) ruling re crime-fraud exception and (ii) set disclosure deadline . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Indictment)(Quigley, Brendan) Modified on 1/17/2018 (ka). (Entered: 01/16/2018)
01/16/2018286  MOTION to Sever Defendant . Document filed by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Biale, Noam) (Entered: 01/16/2018)
01/16/2018287 MEMORANDUM in Support by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 286 MOTION to Sever Defendant .. (Biale, Noam) (Entered: 01/16/2018)
01/16/2018289  MOTION to Sever Defendant (as to Devon Archer and Bevan Cooney). Document filed by Devon Archer, Bevan Cooney as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Schwartz, Matthew) (Entered: 01/16/2018)
01/16/2018290 MEMORANDUM in Support by Devon Archer, Bevan Cooney as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 289 MOTION to Sever Defendant (as to Devon Archer and Bevan Cooney).. (Schwartz, Matthew) (Entered: 01/16/2018)
01/16/2018292  FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 301 Declaration) - DECLARATION of Matthew L. Schwartz in Support by Devon Archer, Bevan Cooney as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re: 289 MOTION to Sever Defendant (as to Devon Archer and Bevan Cooney). (Schwartz, Matthew) Modified on 1/23/2018 (db). (Entered: 01/16/2018)
01/16/2018293  MOTION to Suppress . Document filed by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Schwartz, Matthew) (Entered: 01/16/2018)
01/17/2018294  FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 302 Memorandum) - MEMORANDUM in Support by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 293 MOTION to Suppress . (Schwartz, Matthew) Modified on 1/23/2018 (db). (Entered: 01/17/2018)
01/17/2018295  MOTION to Compel and Other Relief. Document filed by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Schwartz, Matthew) (Entered: 01/17/2018)
01/17/2018296  FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 303 Memorandum) - MEMORANDUM in Support by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 295 MOTION to Compel and Other Relief.. (Schwartz, Matthew) Modified on 1/23/2018 (db). (Entered: 01/17/2018)
01/17/2018 NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: Notice to Attorney Brendan Francis Quigley to RE-FILE Document 285 MOTION (i) ruling re crime-fraud exception and (ii) set disclosure deadline. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ka) (Entered: 01/17/2018)
01/17/2018297  MOTION to Dismiss the indictment in the interest of justice; (2) alternatively, to suppress the fruits of Ms. Morton's cooperation; (3) ordering the government to provide a bill of particulars; (4) severing Ms. Morton's trial. Document filed by Michelle Morton as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Morvillo, Gregory) (Entered: 01/17/2018)
01/17/2018298 MEMORANDUM in Support by Michelle Morton as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 297 MOTION to Dismiss the indictment in the interest of justice; (2) alternatively, to suppress the fruits of Ms. Morton's cooperation; (3) ordering the government to provide a bill of particulars; (4) severing Ms. Morton's trial.. (Morvillo, Gregory) (Entered: 01/17/2018)
01/17/2018299 AFFIDAVIT of Michelle Morton in Support by Michelle Morton as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 297 MOTION to Dismiss the indictment in the interest of justice; (2) alternatively, to suppress the fruits of Ms. Morton's cooperation; (3) ordering the government to provide a bill of particulars; (4) severing Ms. Morton's trial.. (Morvillo, Gregory) (Entered: 01/17/2018)
01/17/2018300 MEMORANDUM in Support by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 285 MOTION (i) ruling re crime-fraud exception and (ii) set disclosure deadline .. (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Indictment)(Quigley, Brendan) (Entered: 01/17/2018)
01/22/2018301 DECLARATION of Matthew L. Schwartz in Support by Devon Archer, Bevan Cooney as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re: 295 MOTION to Compel and Other Relief., 289 MOTION to Sever Defendant (as to Devon Archer and Bevan Cooney)., 293 MOTION to Suppress .. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35)(Schwartz, Matthew) (Entered: 01/22/2018)
01/22/2018302 MEMORANDUM in Support by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 293 MOTION to Suppress .. (Schwartz, Matthew) (Entered: 01/22/2018)
01/22/2018303 MEMORANDUM in Support by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 295 MOTION to Compel and Other Relief.. (Schwartz, Matthew) (Entered: 01/22/2018)
01/23/2018305 ENDORSED LETTER as to (S1-16-Cr-371-06) Devon Archer addressed to Judge Ronnie Abrams from Attorney Matthew L. Schwartz dated January 21, 2018 re: I write to respectfully request the Court's permission for Mr. Archer to take a business trip to China, Hong Kong, and the United Arab Emirates.ENDORSEMENT: Application granted. Mr. Archer will report daily to his Pretrial Services Officer while he is away. He shall surrender the passports of his wife and small children. The attached exhibit shall be filed under seal as it contains private information. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/23/2018)(bw) (Entered: 01/24/2018)
01/24/2018 Transmission to Sealed Records Clerk: as to Devon Archer (6). Transmitted re: 305 Endorsed Letter, to the Sealed Records Clerk for the sealing of document. (bw) (Entered: 01/24/2018)
01/26/2018307 SEALED DOCUMENT placed in vault. (rz) (Entered: 01/26/2018)
02/05/2018308 MEMORANDUM in Opposition by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 295 MOTION to Compel and Other Relief., 286 MOTION to Sever Defendant ., 291 LETTER MOTION addressed to Judge Ronnie Abrams from Paula J. Notari dated January 16, 2018 re: Letter Motion to Join Co-Defendant Devon Archer's Motions and Supplemental Motions ., 289 MOTION to Sever Defendant (as to Devon Archer and Bevan Cooney)., 293 MOTION to Suppress ., 297 MOTION to Dismiss the indictment in the interest of justice; (2) alternatively, to suppress the fruits of Ms. Morton's cooperation; (3) ordering the government to provide a bill of particulars; (4) severing Ms. Morton's trial.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit E, # 5 Exhibit F)(Mermelstein, Rebecca) (Entered: 02/05/2018)
02/05/2018309 DECLARATION of Matthew L. Schwartz in Opposition by Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re: 285 MOTION (i) ruling re crime-fraud exception and (ii) set disclosure deadline .. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Schwartz, Matthew) (Attachment 6 replaced on 2/6/2018) (arc). (Entered: 02/05/2018)
02/05/2018310 MEMORANDUM in Opposition by Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 285 MOTION (i) ruling re crime-fraud exception and (ii) set disclosure deadline .. (Schwartz, Matthew) (Entered: 02/05/2018)
02/12/2018312  REPLY MEMORANDUM OF LAW in Support by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re: 286 MOTION to Sever Defendant . . (Biale, Noam) (Entered: 02/12/2018)
02/12/2018313  REPLY MEMORANDUM OF LAW in Support by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re: 285 MOTION (i) ruling re crime-fraud exception and (ii) set disclosure deadline . . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Quigley, Brendan) (Entered: 02/12/2018)
02/12/2018314  REPLY MEMORANDUM OF LAW in Support by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re: 293 MOTION to Suppress ., 289 MOTION to Sever Defendant (as to Devon Archer and Bevan Cooney)., 295 MOTION to Compel and Other Relief. . (Schwartz, Matthew) (Entered: 02/12/2018)
02/16/2018316 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated 2/16/2018 re: Permission to travel. ENDORSEMENT: Application granted. Mr. Archer will report daily to his Pretrial Services Officer while he is away. He shall surrender the passports of his wife and small children. The attached exhibit shall be filed under seal as it contains private information. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/16/2018)(ft) (Entered: 02/16/2018)
02/20/2018318 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: The Court is in receipt of the attached letter from the general counsel of Renasant Bank, which has apparently received a subpoena calling for one of its employees to testify at the trial in this matter. Any party wishing to quash a subpoena must do so in compliance with the Federal Rules of Criminal Procedure.SO ORDERED. (Signed by Judge Ronnie Abrams on 2/20/2018) (lnl) (Entered: 02/21/2018)
02/22/2018320 SEALED DOCUMENT placed in vault. (rz) (Entered: 02/22/2018)
02/22/2018321 SEALED DOCUMENT placed in vault. (rz) (Entered: 02/22/2018)
02/27/2018 Minute Entry for proceedings held before Judge Ronnie Abrams:Status Conference as to Devon Archer held on 2/27/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Francis Quigley present. AUSA Negar Tekeei present. Defendant (6) Devon Archer present with attorney Matthew L. Schwartz. CJA Attorney Irving Cohen present. Court reporter Michael McDaniel present. (jw) (Entered: 02/28/2018)
02/28/2018323 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. No later than March 2, 2018, the parties are to notify the Court whether there have been material changes to the facts underlying their respective motions in limine, including the resolution of any of the various discovery disputes. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/28/2018)(bw) (Entered: 02/28/2018)
03/01/2018324  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Negar Tekeei dated March 1, 2018 re: February 28, 2018 Order Document filed by USA. (Tekeei, Negar) (Entered: 03/01/2018)
03/02/2018327  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated March 2, 2018 re: Response to the Court's February 28, 2018 Order Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 03/02/2018)
03/02/2018328 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. As previously scheduled, the parties shall be prepared to discuss the various motions in limine at the March 6 conference. The Court does not intend to conduct an evidentiary hearing at that time. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/2/2018)(ft) (Entered: 03/02/2018)
03/05/2018331  LETTER MOTION addressed to Judge Ronnie Abrams from AUSAs Mermelstein/Quigley/Tekeei dated 3/5/2018 re: Amendment of Indictment . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Quigley, Brendan) (Entered: 03/05/2018)
03/06/2018333 LETTER RESPONSE in Opposition by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated March 6, 2018 re: 331 LETTER MOTION addressed to Judge Ronnie Abrams from AUSAs Mermelstein/Quigley/Tekeei dated 3/5/2018 re: Amendment of Indictment .. (Schwartz, Matthew) (Entered: 03/06/2018)
03/06/2018334 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. No later than March 12, 2018, the parties are to update the Court whether they have been able to resolve the remaining various discovery disputes raised at today's conference, including with respect to the discovery from the Gerova prosecution. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/6/2018)(bw) (Entered: 03/08/2018)
03/06/2018 Minute Entry for proceedings held before Judge Ronnie Abrams: Pretrial Conference as to Gary Hirst, John Galanis, Michelle Morton, Devon Archer, Bevan Cooney held on 3/6/2018. AUSA Rebecca Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. Defendant (2) Gary Hirst appearance waived. Attorneys Barry Levin and Noam Korati Biale present. Defendant (3) John Galanis appearance waived. Attorney Nicole Waknine present on behalf of David Touger. Defendant (5) Michelle Morton appearance waived. Attorneys Gregory Robert Morvillo and Caitlin Carey Sikes present. Defendant (6) Devon Archer present with attorney Matthew Lane Schwartz. Defendant (7) Bevan Cooney appearance waived. Attorney Paula Notari present. Court reporters Kelly Surina and Paula Speer present. (jbo) (Entered: 03/08/2018)
03/08/2018335 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. On March 5, 2018, the government moved to amend the superseding indictment to change the year during which Ms. Morton is alleged to have directed the use of Atlantic funds to purchase the fourth bond issuance, which, the government contends, would simply be correcting a typographical error. ECF No. 331. Mr. Archer objects to the proposed amendment on the basis that it violates the Fifth Amendment right to indictment by a grand jury. ECF No. 333. The government is correct that the Court "may make 'ministerial changes' to the indictment, such as to correct a misnomer or typographical errors." United States v. Dhinsa, 243 F.3d 635, 667 (2d Cir. 2001). Nonetheless, in an exercise of caution, the Court deems it appropriate for the proposed alteration to be made by the grand jury. Accordingly, the government's motion is denied. The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 331. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/8/2018)(bw) (Entered: 03/08/2018)
03/09/2018336 SEALED DOCUMENT placed in vault. (rz) (Entered: 03/09/2018)
03/09/2018337 SEALED DOCUMENT placed in vault. (rz) (Entered: 03/09/2018)
03/09/2018338  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Lisa Korologos dated 03/09/2018 re: Crime-Fraud Documents Document filed by USA. (Attachments: # 1 Appendix)(Coffman, Jeffrey) (Entered: 03/09/2018)
03/12/2018339  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated 3/12/2018 re: admissibility of "404(b)" evidence Document filed by USA. (Mermelstein, Rebecca) (Entered: 03/12/2018)
03/16/2018340  LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated March 16, 2018 re: One day extension of time to file sur-reply with respect to the government's motion to invoke the crime-fraud exception . Document filed by Devon Archer as to Devon Archer, Bevan Cooney. (Schwartz, Matthew) (Entered: 03/16/2018)
03/16/2018341 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. The parties shall appear on April 6, 2018 at 4:30 p.m. to discuss the remaining pre-trial motions. The final pre-trial conference and all other deadlines will remain as scheduled. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/16/2018)(bw) (Entered: 03/16/2018)
03/16/2018342 MEMO ENDORSEMENT as to Devon Archer (6) granting 340 LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated March 16, 2018 re: One day extension of time to file sur-reply with respect to the government's motion to invoke the crime-fraud exception. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/16/2018) (lnl) (Entered: 03/19/2018)
03/16/2018 Set/Reset Deadlines as to Devon Archer: Surreplies due by 3/19/2018. (lnl) (Entered: 03/19/2018)
03/19/2018 Set/Reset Hearings as to Gary Hirst, John Galanis, Michelle Morton, Devon Archer, Bevan Cooney: Status Conference rescheduled from 4/6/2018 to 4/4/2018 at 05:00 PM in Courtroom 110, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (arc) (Entered: 03/19/2018)
03/19/2018344  LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated March 19, 2018 re: Trial continuance in light of prejudicial pre-trial publicity . Document filed by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Schwartz, Matthew) (Entered: 03/19/2018)
03/19/2018345 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re: 285 MOTION (i) ruling re crime-fraud exception and (ii) set disclosure deadline . . (Attachments: # 1 Appendix 1, # 2 Appendix 2)(Schwartz, Matthew) (Entered: 03/19/2018)
03/20/2018348 SEALED DOCUMENT placed in vault. (mps) (Entered: 03/20/2018)
03/23/2018351  LETTER MOTION addressed to Judge Ronnie Abrams from Michael Tremonte/Barry Levin/Noam Biale/Emma Spiro dated 3/23/2018 re: In Opposition to the Government's Motion to Admit Uncharged Crimes Evidence . Document filed by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Biale, Noam) (Entered: 03/23/2018)
03/23/2018355 MEMORANDUM in Opposition by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 354 MOTION in Limine Opposition to Government's Motion To Admit Extrinsic Evidence Pursuant to RULE 404(b).. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Schwartz, Matthew) (Entered: 03/24/2018)
03/26/2018357  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Mermelstein/Quigley/Tekeei dated 3/26/2018 re: Crime-Fraud Exception Document filed by USA. (Quigley, Brendan) (Entered: 03/26/2018)
03/26/2018359 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Devon Archer. Notice is hereby given that an official transcript of a Conference proceeding held on 2/27/18 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: 03/26/2018)
03/26/2018367 (S3) SUPERSEDING INDICTMENT FILED as to Gary Hirst (2) count(s) 1ss, 2ss, 3ss, 4ss, John Galanis (3) count(s) 1ss, 2ss, Michelle Morton (5) count(s) 1ss, 2ss, 3ss, 4ss, Devon Archer (6) count(s) 1ss, 2ss, Bevan Cooney (7) count(s) 1ss, 2ss. (bw) (Entered: 03/29/2018)
03/27/2018360 NOTICE OF ATTORNEY APPEARANCE Jeffrey Coffman appearing for USA. (Coffman, Jeffrey) (Entered: 03/27/2018)
03/28/2018361  LETTER MOTION addressed to Judge Ronnie Abrams from Sher Tremonte LLP & Barry Levin, Esq. dated 3/28/2018 re: Adjournment of Deadline to File Motions in Limine on behalf of all defendants. Document filed by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Biale, Noam) (Entered: 03/28/2018)
03/28/2018362  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated 3/28/2018 re: defendants' request to adjourn motion schedule Document filed by USA. (Mermelstein, Rebecca) (Entered: 03/28/2018)
03/28/2018363 MEMO ENDORSEMENT as to Devon Archer on letter dated where the Court is asked for permission for defendant to travel to Shanghai, China from March 31 to April 5 and, if travel is permitted, for defendant to be excused from the conference currently scheduled for April 4, 2018. Judge Abrams GRANTS the application and ORDERS that defendant report daily to his Pretrial Services Officer while he is away. Defendant shall surrender the passports of his wife and small children. Judge Failla also ordered the filing, under seal, of an attached exhibit. Additionally, defendant's appearance is waived for the April 4, 2018 conference. (Signed by Judge Ronnie Abrams on 3/28/18)(jm) (Entered: 03/28/2018)
03/28/2018364 SEALED DOCUMENT placed in vault. (mps) (Entered: 03/29/2018)
03/28/2018365 SEALED DOCUMENT placed in vault. (mps) (Entered: 03/29/2018)
03/28/2018366 SEALED DOCUMENT placed in vault. (mps) (Entered: 03/29/2018)
03/29/2018 Set/Reset Hearings as to Gary Hirst, John Galanis, Michelle Morton, Devon Archer, Bevan Cooney: Status Conference rescheduled for 4/13/2018 at 12:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (arc) (Entered: 03/29/2018)
03/30/2018368 MEMO ENDORSEMENT as to Jason Galanis (1), Gary Hirst (2), John Galanis (3), Hugh Dunkerley (4), Michelle Morton (5), Devon Archer (6), Bevan Cooney (7) granting 361 LETTER MOTION addressed to Judge Ronnie Abrams from Sher Tremonte LLP & Barry Levin, Esq. dated 3/28/2018 re: Adjournment of Deadline to File Motions in Limine on behalf of all defendants. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/30/2018) (lnl) (Entered: 03/30/2018)
03/30/2018 Set/Reset Deadlines/Hearings as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: Motions due by 4/11/2018. Responses due by 4/18/2018. (lnl) (Entered: 03/30/2018)
04/02/2018369  LETTER MOTION addressed to Judge Ronnie Abrams from Negar Tekeei dated April 2, 2018 re: Reply in Support of Government's March 12, 2018 Letter Motion . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Tekeei, Negar) (Entered: 04/02/2018)
04/02/2018370  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Quigley, Brendan) Modified on 4/12/2018 (db). (Entered: 04/02/2018)
04/02/2018371  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Proposed Jury Instructions by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Tekeei, Negar) Modified on 4/9/2018 (ka). (Entered: 04/02/2018)
04/02/2018372  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Proposed Voir Dire Questions by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Tekeei, Negar) Modified on 4/9/2018 (ka). (Entered: 04/02/2018)
04/02/2018373  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Negar Tekeei dated April 2, 2018 re: Proposed Verdict Forms Document filed by USA. (Tekeei, Negar) (Entered: 04/02/2018)
04/02/2018374  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - Proposed Voir Dire Questions by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Schwartz, Matthew) Modified on 4/9/2018 (ka). (Entered: 04/02/2018)
04/04/2018376  LETTER MOTION addressed to Judge Ronnie Abrams from Sher Tremonte LLP & Barry Levin, Esq. dated 4/4/2018 re: Adjournment of Trial in Light of Inability of Mr. Hirst to Review Evidence at the MCC . Document filed by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Exhibit A)(Biale, Noam) (Entered: 04/04/2018)
04/05/2018377 SEALED DOCUMENT placed in vault. (rz) (Entered: 04/05/2018)
04/05/2018378  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated 4/5/2018 re: Opp to Hirst Request for Adjournment of Trial Document filed by USA. (Mermelstein, Rebecca) (Entered: 04/05/2018)
04/05/2018379  LETTER MOTION addressed to Judge Ronnie Abrams from Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated April 5, 2018 re: Defendant Devon Archer's Rule 16 Discovery . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Tekeei, Negar) (Entered: 04/05/2018)
04/05/2018380  LETTER MOTION addressed to Judge Ronnie Abrams from Rebecca Mermelstein / Brendan Quigley / Negar Tekeei dated April 5, 2018 re: Request for a Conference . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Tekeei, Negar) (Entered: 04/05/2018)
04/05/2018381  LETTER MOTION addressed to Judge Ronnie Abrams from Sher Tremonte LLP & Barry Levin, Esq. dated 4/5/18 re: Letter on Behalf of Gary Hirst, Michelle Morton, John Galanis, and Bevan Cooney in Response to Governement Letters Filed Today and Respectfully Requesting a Preservation Order Until the Court Makes a Determination as to the Government's Brady Obligations with Repsect to the Archer Production . Document filed by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Biale, Noam) (Entered: 04/05/2018)
04/05/2018383 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: The parties shall appear for a conference at 4:30 p.m. on April 6, 2018 to discuss the Rule 16 issues raised by the govermnent in its letters submitted earlier today. SO ORDERED. (Status Conference set for 4/6/2018 at 04:30 PM before Judge Ronnie Abrams) (Signed by Judge Ronnie Abrams on 4/5/2018) (lnl) (Entered: 04/06/2018)
04/06/2018382 LETTER RESPONSE in Opposition by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated April 5, 2018 re: 380 LETTER MOTION addressed to Judge Ronnie Abrams from Rebecca Mermelstein / Brendan Quigley / Negar Tekeei dated April 5, 2018 re: Request for a Conference ., 379 LETTER MOTION addressed to Judge Ronnie Abrams from Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated April 5, 2018 re: Defendant Devon Archer's Rule 16 Discovery .. (Schwartz, Matthew) (Entered: 04/06/2018)
04/06/2018385 SEALED DOCUMENT placed in vault. (rz) (Entered: 04/06/2018)
04/08/2018386  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated 4/8/2018 re: Permission to Return Archer Production Document filed by USA. (Mermelstein, Rebecca) (Entered: 04/08/2018)
04/09/2018 NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: Notice to Attorney Negar Tekeei to RE-FILE Document 371 Proposed Jury Instructions. Use the event type Request to Charge found under the event list Trial Documents. (ka) (Entered: 04/09/2018)
04/09/2018 NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Gary Hirst, John Galanis, Michelle Morton, Devon Archer, Bevan Cooney: Notice to Attorney Negar Tekeei to RE-FILE Document 372 Proposed Voir Dire Questions. Use the event type Proposed Examination of Jurors found under the event list Trial Documents. (ka) (Entered: 04/09/2018)
04/09/2018 NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Gary Hirst, John Galanis, Michelle Morton, Devon Archer, Bevan Cooney: Notice to Attorney Matthew Lane Schwartz to RE-FILE Document 374 Proposed Voir Dire Questions. Use the event type Proposed Examination of Jurors found under the event list Trial Documents. (ka) (Entered: 04/09/2018)
04/09/2018388  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated April 9, 2018 re: Rule 16 Production Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 04/09/2018)
04/09/2018389 PROPOSED EXAMINATION OF JURORS by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Schwartz, Matthew) (Entered: 04/09/2018)
04/09/2018390 SEALED DOCUMENT placed in vault. (rz) (Entered: 04/09/2018)
04/09/2018392 MEMO ENDORSEMENT as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney on re: 386 LETTER by USA addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated 4/8/2018 re: Permission to Return Archer Production. ENDORSEMENT: Application granted. The government is permitted to return Mr. Archer's March 30th Rule 16 production. In light of the native file format in which Mr. Archer produced the 3.2 million pages and the government's decision to return the materials without examining them in any fashion, Brady does not require the government to undertake a review for information that may be exculpatory as to Mr. Archer's co-defendants. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/9/2018) (lnl) (Entered: 04/10/2018)
04/09/2018393 MEMO ENDORSEMENT on 380 LETTER MOTION addressed to Judge Ronnie Abrams from Rebecca Mermelstein/Brendan Quigley/Negar Tekeei dated April 5, 2018 re: Request for a Conference. ENDORSEMENT: In light of Mr. Schwartz' unavailability, the April 9 conference is canceled and the Court will instead address the issues raised herein and in related letters on April 13. Mr. Archer is warned, however, that he must make a Rule 16 disclosure of only those documents he "intends to use [in his) case-in-chief at trial." Fed. R. Crim. P. 16(b)(l)(A)(ii) (emphasis added). Such production shall occur no later than April 12, 2018. Failure to comply in good faith with Rule 16 may result in appropriate remedial action, including the exclusion of evidence. See Fed. R. Crim. P. 16(d)(2)(D) (specifying that the Court may "enter any other order that is just under the circumstances" for a party's failure to comply with Rule 16). SO ORDERED. (Signed by Judge Ronnie Abrams on 4/6/2018) (lnl) (Entered: 04/10/2018)
04/10/2018394  LETTER MOTION addressed to Judge Ronnie Abrams from Sher Tremonte LLP & Barry Levin, Esq. dated 4/9/2018 re: in Opposition to the Government's Motion in Limine . Document filed by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Biale, Noam) (Entered: 04/10/2018)
04/11/2018397 ORDER as to Devon Archer: If Mr. Archer intends to submit papers opposing the government's March 19th motion for the Court to rule that the attorney-client privilege does not apply to certain email evidence, separate and apart from the potential applicability of the crime-fraud exception, he shall do so no later than April 16, 2018. SO ORDERED. (Responses due by 4/16/2018) (Signed by Judge Ronnie Abrams on 4/10/2018) (lnl) (Entered: 04/11/2018)
04/11/2018398  LETTER MOTION addressed to Judge Ronnie Abrams from Sher Tremonte LLP & Barry Levin, Esq. dated 4/11/2018 re: Motion in Limine . Document filed by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Biale, Noam) (Entered: 04/11/2018)
04/11/2018399  MOTION in Limine . Document filed by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Schwartz, Matthew) (Entered: 04/11/2018)
04/11/2018402 MEMORANDUM in Support by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 399 MOTION in Limine .. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27)(Schwartz, Matthew) (Entered: 04/11/2018)
04/12/2018 NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: Notice to Attorney Brendan Francis Quigley to RE-FILE Document 370 MOTION in Limine .. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - Motion in Limine WAS NOT FILED. First file Motion, then file and link any supporting documents. (db) (Entered: 04/12/2018)
04/13/2018408  LETTER by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Sher Tremonte LLP and Barry Levin, Esq. dated 04/13/2018 re: Updating Court on Status of Mr. Hirst's Ability to Review Trial Materials at the MCC Document filed by Gary Hirst. (Attachments: # 1 Exhibit A)(Spiro, Emma) (Entered: 04/13/2018)
04/13/2018 Minute Entry for proceedings held before Judge Ronnie Abrams: Status Conference as to Gary Hirst, John Galanis, Michelle Morton, Devon Archer, Bevan Cooney held on 4/13/2018. AUSA Rebecca Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. Defendant (2) Gary Hirst present with attorneys Barry Levin, Emma Spiro, Michael Tremonte and Noam Korati Biale. Defendant (3) John Galanis appearance waived. Attorney David Touger present. Defendant (5) Michelle Morton appearance waived. Attorneys Gregory Robert Morvillo, Savannah Stevenson and Caitlin Carey Sikes present. Defendant (6) Devon Archer present with attorney Matthew Lane Schwartz. Defendant (7) Bevan Cooney appearance waived. Attorneys Paula Notari and Abraham Jabir Abegaz-Hassen present. Court reporter Vincent Bologna present. A conference is scheduled for April 19, 2018 at 12:00. The final pretrial conference is rescheduled to May 16, 2018 at 2:00 Trial adjourned to May 22, 2018. Speedy trial time is excluded in the interest of justice from 4/13/18 to 5/22/18. (Pretrial Conference set for 5/16/2018 at 02:00 PM before Judge Ronnie Abrams.) (jbo) (Entered: 04/13/2018)
04/13/2018409 ORDER as to Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: As discussed at today's conference, the schedule is amended as follows: The trial is adjourned until May 22, 2018. A conference to discuss remaining pretrial motions-but not the motions in limine-is scheduled for April 19, 2018 at 12:00 p.m., to be held in courtroom 110. The final pre-trial conference is adjourned until May 16, 2018 at 2:00 p.m. Upon consent of all of the parties, time is excluded through May 22, 2018 under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A). SO ORDERED. (Pretrial Conference set for 5/16/2018 at 02:00 PM before Judge Ronnie Abrams. Status Conference set for 4/19/2018 at 12:00 PM in Courtroom 110, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 4/13/2018) (lnl) (Entered: 04/16/2018)
04/16/2018410  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Preclude Expert Testimony. Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Exhibit Exhibit A)(Quigley, Brendan) Modified on 4/17/2018 (ka). (Entered: 04/16/2018)
04/17/2018 NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Devon Archer: Notice to Attorney Brendan Francis Quigley to RE-FILE Document 410 MOTION to Preclude Expert Testimony. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting documents. (ka) (Entered: 04/17/2018)
04/17/2018411 MEMORANDUM in Support by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 410 MOTION to Preclude Expert Testimony.. (Attachments: # 1 Exhibit Exhibit A)(Quigley, Brendan) (Entered: 04/17/2018)
04/18/2018413 MEMORANDUM in Opposition by Michelle Morton as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 398 LETTER MOTION addressed to Judge Ronnie Abrams from Sher Tremonte LLP & Barry Levin, Esq. dated 4/11/2018 re: Motion in Limine ., 399 MOTION in Limine .. (Morvillo, Gregory) (Entered: 04/18/2018)
04/18/2018414 MEMORANDUM in Opposition by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 399 MOTION in Limine ., 398 LETTER MOTION addressed to Judge Ronnie Abrams from Sher Tremonte LLP & Barry Levin, Esq. dated 4/11/2018 re: Motion in Limine ., 401 LETTER MOTION addressed to Judge Ronnie Abrams from Paula J, Notari dated April 11, 2018 re: Motion in Limine .. (Mermelstein, Rebecca) (Entered: 04/18/2018)
04/18/2018415 MEMORANDUM in Opposition by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 370 MOTION in Limine .. (Schwartz, Matthew) (Entered: 04/18/2018)
04/18/2018416 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: The hearing set for April 19th is adjourned until April 26th at 2:30 p.m. As previously indicated, it will be held in Courtroom 110. SO ORDERED. (Status Conference set for 4/26/2018 at 02:30 PM in Courtroom 110, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams) (Signed by Judge Ronnie Abrams on 4/18/2018) (lnl) (Entered: 04/19/2018)
04/19/2018417 LETTER REPLY TO RESPONSE to Motion by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley, and Negar Tekeei dated 4/19/2018 re 354 MOTION in Limine Opposition to Government's Motion To Admit Extrinsic Evidence Pursuant to RULE 404(b)., 352 LETTER MOTION addressed to Judge Ronnie Abrams from David Touger dated March 23, 2018 re: 404(b) .. (Attachments: # 1 Exhibit, # 2 Exhibit)(Mermelstein, Rebecca) (Entered: 04/19/2018)
04/20/2018418  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley, Negar Tekeei dated 4/20/2018 re: update re: stipulations and Rule 16 Document filed by USA. (Attachments: # 1 Exhibit)(Mermelstein, Rebecca) (Entered: 04/20/2018)
04/23/2018419  LETTER MOTION addressed to Judge Ronnie Abrams from Sher Tremonte LLP and Barry Levin, Esq. dated 04/23/2018 re: Response to government's supplemental Gerova brief . Document filed by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Exhibit Exhibit A)(Spiro, Emma) (Entered: 04/23/2018)
04/24/2018424  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated April 24, 2018 re: Response to the government's April 19 letter in further support of its motion to introduce certain evidence pursuant to Rule 404(b) Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 04/24/2018)
04/24/2018425 MEMO ENDORSEMENT as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney on re: 424 LETTER by USA dated 4/20/2018 re: update re: stipulations and Rule 16 Document filed by USA. ENDORSEMENT: To the extent the defendant intend to stipulate as to any of the document custodians, they shall return the signed stipulations prior to the April 26th conference. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/24/2018) (lnl) (Entered: 04/25/2018)
04/26/2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 426 MOTION for Daniel K. Streim to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14989015. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 04/26/2018)
04/26/2018 Minute Entry for proceedings held before Judge Ronnie Abrams:Status Conference as to Gary Hirst, Michelle Morton, Devon Archer held on 4/26/2018. AUSA Rebecca Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. Defendant (2) Gary Hirst present with attorney Barry Levin. Defendant (5) Michelle Morton appearance waived. Attorney Gregory Robert Morvillo present. Defendant (6) Devon Archer present with attorney Matthew Lane Schwartz. Defendant (7) Bevan Cooney appearance waived. Attorneys Paula Notari and Abraham Jabir Abegaz-Hassen present. Court reporter Carol Ganley present (jw) (Entered: 04/26/2018)
04/27/2018429 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. As discussed at today's conference, the parties shall submit a letter by May 4, 2018 updating the Court as to the status of the stipulations. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/26/2018)(bw) (Entered: 04/27/2018)
05/03/2018430  LETTER MOTION addressed to Judge Ronnie Abrams from Sher Tremonte LLP dated 05/03/2018 re: Request to bring electronic devices into court . Document filed by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Exhibit Electronic Devices Order)(Spiro, Emma) (Entered: 05/03/2018)
05/03/2018431 SEALED DOCUMENT placed in vault. (rz) (Entered: 05/03/2018)
05/03/2018432 SEALED DOCUMENT placed in vault. (rz) (Entered: 05/03/2018)
05/04/2018433  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated 5/4/2018 re: Update re: Stipulations Document filed by USA. (Mermelstein, Rebecca) (Entered: 05/04/2018)
05/07/2018435 MEMO ENDORSEMENT as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney on re: 433 LETTER by USA addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley and Negar Tekeei, dated 5/4/2018 re: Update re: Stipulations. ENDORSEMENT: Defendants shall file a responsive letter no later than May 9, 2018. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/7/2018)(bw) (Entered: 05/07/2018)
05/07/2018 Set/Reset Deadlines/Hearings as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: Responses (by Defendants) due by 5/9/2018. [*** NOTE: Refer to Memo Endorsement, doc.# 435 , filed on 5/7/2018. ***] (bw) (Entered: 05/07/2018)
05/07/2018436  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated May 7, 2018 re: Requesting information regarding trial schedule for June 1, 2018, and notifying the Court of potential scheduling conflict. Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 05/07/2018)
05/07/2018437 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. If the government intends to file a responsive letter to Mr. Archer's submission of April 24 (ECF No. 424), it shall do so no later than May 11, 2018. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/7/2018)(bw) (Entered: 05/08/2018)
05/08/2018438  LETTER MOTION addressed to Judge Ronnie Abrams from Lisa Korologos and Jeffrey Coffman dated March 19, 2018 re: Request that the Court rule that the attorney-client privilege does not apply to certain email evidence . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Coffman, Jeffrey) (Entered: 05/08/2018)
05/08/2018439 MEMO ENDORSEMENT as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney on re: 436 LETTER by Devon Archer addressed to Judge Ronnie Abrams from Attorney Matthew L. Schwartz dated May 7, 2018 re: Requesting information regarding trial schedule for June 1, 2018, and notifying the Court of potential scheduling conflict. ENDORSEMENT: The Court will not sit on Friday, June 1. (Signed by Judge Ronnie Abrams on 5/8/2018)(bw) (Entered: 05/08/2018)
05/08/2018440 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. No later than May 11, 2018, Ms. Morton shall provide the Court with an exhaustive list of her statements that she seeks to introduce at trial as non-hearsay or pursuant to FRE 803(3). SO ORDERED. (Signed by Judge Ronnie Abrams on 5/8/2018)(bw) (Entered: 05/08/2018)
05/09/2018441  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Mermelstein, Rebecca) Modified on 5/10/2018 (ka). (Entered: 05/09/2018)
05/09/2018442  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated May 9, 2018 re: Stipulations Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 05/09/2018)
05/09/2018445 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. As the parties are aware, the government filter team provided for in camera review the communications that are the subject of the trial team's motion to invoke the crime-fraud exception to attorney-client privilege. For the reasons that follow, the Court has identified a subset of 23 emails which are subject to the crime-fraud exception and should accordingly be disclosed to the government trial team....[See this Order]... Each of these 23 communications was made in order to effect Rosemont Seneca Bohai's acquisition of the second tranche of bonds. These emails show the alleged conspirators finalizing the necessary paperwork for Mr. Archer to purchase the bonds, as well as arranging for the transfer of the funds necessary to complete the purchase on Rosemont Seneca Bohai's behalf. A critical allegation in this matter with respect to Mr. Archer is that he purchased this second tranche using misappropriated proceeds from the first issuance, which were supplied by Jason Galanis. Accordingly, the following documents are not privileged and should be disclosed to the government trial team: entries 56-59, 69-72, and 74 on the initial crime-fraud log and entries 32-35, 39-42, 55, and 59-63 on the supplemental log. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/9/2018)(bw) (Entered: 05/10/2018)
05/09/2018446 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. No later than May 11, 2018, the defendants shall submit their opposition papers, if any, to the motions in limine filed today by the government. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/9/2018)(bw) (Entered: 05/10/2018)
05/10/2018 NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: Notice to Attorney Mermelstein, Rebecca to RE-FILE Document 441 MOTION in Limine. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents.***NOTE: First, file Motion in Limine, then re-file and link supporting Memorandum. SEPARATE DOCKET ENTRY FOR EACH. (ka) (Entered: 05/10/2018)
05/10/2018444  LETTER MOTION addressed to Judge Ronnie Abrams from Sher Tremonte LLP and Barry Levin, Esq. dated 05/10/2018 re: Supplemental letter in support of severance . Document filed by Gary Hirst as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Exhibit A)(Spiro, Emma) (Entered: 05/10/2018)
05/10/2018447 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. The production of certain materials over which Devon Archer originally asserted a claim of attorney work product and/or attorney-client privilege (on his own behalf, or on behalf of certain entities) and which either (a) Mr. Archer subsequently consented to the production thereof, or (b) the Court subsequently ordered the production thereof, does not constitute a waiver of the privilege from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). SO ORDERED: (Signed by Judge Ronnie Abrams on 5/10/2018)(bw) (Entered: 05/10/2018)
05/10/2018448  REPLY MEMORANDUM OF LAW in Support by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re: 399 MOTION in Limine . . (Schwartz, Matthew) (Entered: 05/10/2018)
05/11/2018449  RESPONSE by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 4/24/18 Archer letter. (Quigley, Brendan) (Entered: 05/11/2018)
05/11/2018452 MEMORANDUM in Opposition by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 410 MOTION to Preclude Expert Testimony.. (Attachments: # 1 Exhibit A)(Schwartz, Matthew) (Entered: 05/11/2018)
05/11/2018454 MEMORANDUM in Opposition by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 441 MOTION in Limine .. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Schwartz, Matthew) (Attachment 7 replaced on 5/14/2018) (arc). (Attachment 8 replaced on 5/14/2018) (arc). (Attachment 9 replaced on 5/14/2018) (arc). (Entered: 05/11/2018)
05/14/2018458  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated May 14, 2018 re: Reply to the government's May 11, 2018 memorandum [ECF No. 449] and in further support of Mr. Archer's April 24th Letter [ECF No. 424] requesting a limiting instruction and concerning a constructive amendment to the Indictment Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 05/14/2018)
05/15/2018464  LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated May 15, 2018 re: Motion in Limine to Preclude GX 2117 . Document filed by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Schwartz, Matthew) (Entered: 05/15/2018)
05/16/2018465 LETTER RESPONSE in Opposition by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Quigley/Mermelstein/Tekeei dated 5/16/18 re: 464 LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated May 15, 2018 re: Motion in Limine to Preclude GX 2117 .. and to Preclude DX (Quigley, Brendan) (Entered: 05/16/2018)
05/16/2018466 ORDER as to Devon Archer: Mr. Archer has failed to sustain his burden with respect to entries 8, 12, and 18 and they may be disclosed to the trial team. The remaining five emails shall not be disclosed. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/16/2018) (lnl) (Entered: 05/17/2018)
05/16/2018 ***DELETED DOCUMENT. Deleted document number 467 ORDER, as to Devon Archer (6). The document was incorrectly filed in this case. [*** NOTE: Already docketed as document number 466. ***] (bw) (Entered: 05/17/2018)
05/16/2018 Minute Entry for proceedings held before Judge Ronnie Abrams:Initial Appearance as to John Galanis, Devon Archer, Bevan Cooney held on 5/16/2018. (jw) (Entered: 05/18/2018)
05/16/2018 Minute Entry for proceedings held before Judge Ronnie Abrams:Arraignment as to John Galanis (3) Count 1ss,2ss and Devon Archer (6) Count 1ss,2ss and Bevan Cooney (7) Count 1ss,2ss held on 5/16/2018., Plea entered by John Galanis (3) Count 1ss,2ss and Devon Archer (6) Count 1ss,2ss and Bevan Cooney (7) Count 1ss,2ss Not Guilty. AUSA Rebecca Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorney Matthew Lane Schwartz. Defendant (7) Bevan Cooney appears telephonically. Attorneys Paula Notari and Abraham Jabir Abegaz-Hassen present. Court reporters Karen Gorlaski and Eve Giniger present. Defendant (3) John Galanis arraigned on the Superseding Indictment and pleads not guilty. Defendant (6) Devon Archer arraigned on Superseding Indictment and pleads not guilty. Defendant (7) Bevan Cooney arraigned on Superseding Indictment and pleads not guilty. Trial to begin on May 22, 2018. (jw) (Entered: 05/18/2018)
05/18/2018468  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated May 17, 2018 re: Follow-up to various items discussed at the final pre-trial conference Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 05/18/2018)
05/18/2018469 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. In light of the argument at the final pre-trial conference regarding the emails that reference Michael Milken, the Court is considering including Mr. Milken on the list of people whose names may be mentioned at trial. No later than 3 p.m. on May 21, the parties shall notify the Court whether they object to adding Mr. Milken to the juror questionnaire. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/18/2018)(bw) (Entered: 05/18/2018)
05/19/2018472  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Quigley/Tekeei/Mermelstein dated 5/19/18 re: Def. Archer 5/18/18 letter Document filed by USA. (Attachments: # 1 Exhibit Defs.' Photos, # 2 Exhibit LA Times Article, # 3 Exhibit Washington Post Article, # 4 Exhibit NY Times Article)(Quigley, Brendan) (Entered: 05/19/2018)
05/21/2018473 NOTICE OF ATTORNEY APPEARANCE: Craig A. Wenner appearing for Devon Archer. Appearance Type: Retained. (Wenner, Craig) (Entered: 05/21/2018)
05/21/2018474 NOTICE OF ATTORNEY APPEARANCE: Laura Elizabeth Harris appearing for Devon Archer. Appearance Type: Retained. (Harris, Laura) (Entered: 05/21/2018)
05/21/2018475 NOTICE OF ATTORNEY APPEARANCE: David Paul Nelson appearing for Devon Archer. Appearance Type: Retained. (Nelson, David) (Entered: 05/21/2018)
05/21/2018476  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated May 21, 2018 re: Response to May 18 Order and the Government's Letter of the Same Date Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 05/21/2018)
05/22/2018477 Minute Entry for proceedings held before Judge Ronnie Abrams: Voir Dire / Jury Selection held on 5/22/2018 as to John Galanis, Devon Archer, Bevan Cooney. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Rebecca Forman and Jennifer Thun present. (jbo) (Entered: 05/23/2018)
05/23/2018 Minute Entry for proceedings held before Judge Ronnie Abrams:Jury Selection as to John Galanis, Devon Archer, Bevan Cooney held on 5/23/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Rebecca Forman and Jennifer Thun present. (jw) (Entered: 05/24/2018)
05/24/2018 Minute Entry for proceedings held before Judge Ronnie Abrams:Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 5/24/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Rebecca Forman and Jennifer Thun present. (jw) (Entered: 05/25/2018)
05/25/2018478  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated May 25, 2018 re: Opposition to the government's motion to reconsider the Court's April 13 ruling excluding evidence of Jason Galanis's arrest Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 05/25/2018)
05/25/2018480  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Quigley/Tekeei/Mermelstein dated 5/25/18 re: Jason Galanis Arrest Document filed by USA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Quigley, Brendan) (Entered: 05/25/2018)
05/25/2018483  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated May 25, 2018 re: Reply to the government's May 25, 2018 motion for reconsideration regarding the admissibility of evidence of Jason Galanis's September 2015 arrest Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 05/25/2018)
05/28/2018484  LETTER MOTION addressed to Judge Ronnie Abrams from Negar Tekeei / Rebecca Mermelstein / Brendan Quigley dated May 28, 2018 re: Defense Exhibits . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Tekeei, Negar) (Entered: 05/28/2018)
05/29/2018486  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated May 29, 2018 re: Response to the government's two letters dated May 28, 2018 Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 05/29/2018)
05/29/2018 Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 5/29/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Jerry Harrison and Steven Griffing present. (jbo) (Entered: 05/30/2018)
05/30/2018487  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Mermelstein/Quigley/Tekeei dated 5/30/2018 re: Michael Smith Testimony Document filed by USA. (Quigley, Brendan) (Entered: 05/30/2018)
05/30/2018488  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated May 30, 2018 re: Michael Smith Testimony Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 05/30/2018)
05/30/2018 Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 5/30/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Jerry Harrison and Steven Griffing present. (jbo) (Entered: 05/31/2018)
05/31/2018489  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated May 30, 2018 re: Objection to GX1286 Document filed by Devon Archer. (Attachments: # 1 GX 1286)(Schwartz, Matthew) (Entered: 05/31/2018)
05/31/2018490  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Quigley/Tekeei/Mermelstein dated 5/31/18 re: Michael Smith Testimony Document filed by USA. (Quigley, Brendan) (Entered: 05/31/2018)
05/31/2018 Minute Entry for proceedings held before Judge Ronnie Abrams:Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 5/31/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Kristin Carranante and Steven Griffing present. (jw) (Entered: 06/01/2018)
06/01/2018492  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley, Negar Tekeei dated 6/1/2018 re: Code Rebel Evidence Document filed by USA. (Mermelstein, Rebecca) (Entered: 06/01/2018)
06/01/2018 Minute Entry for proceedings held before Judge Ronnie Abrams:Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/1/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Kristin Carranante, Steven Griffing and Jerry Harrison present. (jw) (Entered: 06/05/2018)
06/02/2018493  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated June 2, 2018 re: The government's June 1, 2018 motion for reconsideration regarding Code Rebel evidence unrelated to the WLCC bonds Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 06/02/2018)
06/03/2018494  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated 6/3/2018 re: Code Rebel Evidence Document filed by USA. (Attachments: # 1 Exhibit)(Mermelstein, Rebecca) (Entered: 06/03/2018)
06/03/2018495  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated June 3, 2018 re: New Code Rebel Evidence Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 06/03/2018)
06/04/2018497  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Quigley/Tekeei/Mermelstein dated 6/4/18 re: Defense Exhibits Document filed by USA. (Quigley, Brendan) (Entered: 06/04/2018)
06/04/2018498 SEALED DOCUMENT placed in vault. (rz) (Entered: 06/04/2018)
06/04/2018499  LETTER MOTION addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated 6/4/2018 re: Preclusion of Cross-Examination Concerning payday lending . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mermelstein, Rebecca) (Entered: 06/04/2018)
06/04/2018 Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/4/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Steven Griffing and Jerry Harrison present. (jbo) (Entered: 06/06/2018)
06/05/2018 Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/5/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Steven Griffing and Jerry Harrison present. (jbo) (Entered: 06/06/2018)
06/06/2018 Minute Entry for proceedings held before Judge Ronnie Abrams:Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/6/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Steven Griffing and Jerry Harrison present. (jw) (Entered: 06/07/2018)
06/10/2018501  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Quigley/Mermelstein/Tekeei dated 6/10/18 re: Code Rebel Related Cross Examination Document filed by USA. (Quigley, Brendan) (Entered: 06/10/2018)
06/10/2018502  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated June 10, 2018 re: Outstanding Evidentiary Issues Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 06/10/2018)
06/11/2018505 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. Pending before the Court is the government's renewed motion to preclude the defendants from cross-examining Mr. Raines on the issue of payday lending. The Court previously ruled that, in light of the reasonable, though disputed, belief that such lending is legal, cross-examination on this topic is not probative of any witness's character for truthfulness. In cross-examining Tim Anderson, however, counsel for John Galanis asked about the WLCC's online lending business and tried to specifically elicit the fact that payday lending is another phrase used to refer to such businesses. The Court will not alter its prior ruling. Mr. Galanis has, however, shown a good-faith basis for cross-examining Mr. Raines on various acts associated with the WLCC's lending business. Accordingly, Mr. Galanis may inquire as to these specific alleged acts of misconduct that are probative of Mr. Raines' character for truthfulness. But this ruling has several important restrictions: the defendants (1) may not elicit the fact that the WLCC or Mr. Raines are engaged specifically in online or payday lending as opposed to lending more generally; (2) may not inquire about any lawsuits or complaints, the basis of which is that payday lending itself is illegal or otherwise predatory and (3) any acts inquired of must be attributed to Mr. Raines rather than another individual who is associated with the same entity as Mr. Raines. Finally, and as the government conceded in its letter of June 4th, the defendants may inquire as to any purported misstatements relating to the association between the WLCC and the Oglala Sioux Tribe, so long as the WLCC's participation in online or payday lending is not elicited. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/9/2018)(bw) (Entered: 06/11/2018)
06/11/2018506 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. The Clerk of Court is respectfully directed to remove entry number 500 from the docket. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/11/2018)(bw) (Entered: 06/11/2018)
06/11/2018507  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated June 11, 2018 re: Objections to Certain GX Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 06/11/2018)
06/11/2018508  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Quigley/Mermelstein/Tekeei dated 6/11/18 re: Archer 6/11/18 letter Document filed by USA. (Quigley, Brendan) (Entered: 06/11/2018)
06/11/2018509 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: Pending before the Court is the government's motion to exclude excerpts of a conversation between Mr. Cooney and another individual, Billy Crafton. The Court will admit some, though not all, of the portions of the conversation identified by Mr. Archer and Mr. Cooney. The Court will not, however, allow the government to introduce the remaining portions identified in its moving papers, which concern Cooney's "pump-and-dump methodology, [including] the need to control all of the freely trading shares of such stock, [and] his efforts to engage in such tactics with respect to shares of Flikdate," as well as Crafton's "offer to assist in such schemes by parking shares with [Crafton's] investment advisory clients in return for a kickback." ECF No. 441, at 16. Particularly in light of the Court's ruling that evidence of the alleged Code Rebel pump-and-dump is inadmissible, this evidence is of scant probative value, which would be substantially outweighed by the danger of unfair prejudice. (Signed by Judge Ronnie Abrams on 6/11/2018) (lnl) (Entered: 06/12/2018)
06/11/2018 Minute Entry for proceedings held before Judge Ronnie Abrams:Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/11/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Steven Griffing and Pam Utter present. (jw) (Entered: 06/12/2018)
06/12/2018 Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/12/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Steven Griffing and Jerry Harrison present. (jbo) (Entered: 06/13/2018)
06/13/2018 Minute Entry for proceedings held before Judge Ronnie Abrams:Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/13/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Steven Griffing and Jerry Harrison present. (jw) (Entered: 06/14/2018)
06/14/2018511  LETTER MOTION addressed to Judge Ronnie Abrams from AUSAs Quigley/Tekeei/Mermelstein dated 6/14/18 re: Gerova . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Quigley, Brendan) (Entered: 06/14/2018)
06/14/2018512  LETTER MOTION addressed to Judge Ronnie Abrams from Negar Tekeei/Rebecca Mermelstein/Brendan Quigley dated June 14, 2018 re: Defense Exhibits . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Tekeei, Negar) (Entered: 06/14/2018)
06/14/2018513  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated June 14, 2018 re: Outstanding Evidentiary Issues Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 06/14/2018)
06/15/2018514  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated June 15, 2018 re: Objection to BIT Board Meeting Minutes Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 06/15/2018)
06/15/2018516  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Quigley/Tekeei/Mermelstein dated 6/15/18 re: GX and DX Document filed by USA. (Quigley, Brendan) (Entered: 06/15/2018)
06/15/2018517  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated June 15, 2018 re: DXs 3004, 3004B, and 4817 Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 06/15/2018)
06/15/2018518  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated June 15, 2018 re: Response to the government's motion to admit Gerova evidence Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 06/15/2018)
06/16/2018519  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated June 16, 2018 re: Response regarding varoius open evidentiary issues, and objection to the government's summary charts Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 06/16/2018)
06/17/2018520  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Quigley/Tekeei/Mermelstein dated 6/17/18 re: Government Exhibits Document filed by USA. (Quigley, Brendan) (Entered: 06/17/2018)
06/18/2018521  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated June 18, 2018 re: Pending Evidentiary Issues Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 06/18/2018)
06/18/2018 Minute Entry for proceedings held before Judge Ronnie Abrams:Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/18/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Steven Griffing and Jerry Harrison present. (jw) (Entered: 06/19/2018)
06/19/2018 Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/19/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Steven Griffing and Jerry Harrison present. (jbo) (Entered: 06/19/2018)
06/19/2018522  LETTER MOTION addressed to Judge Ronnie Abrams from Negar Tekeei / Rebecca Mermelstein / Brendan Quigley dated June 19, 2018 re: Defense Witness Testimony . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Tekeei, Negar) (Entered: 06/19/2018)
06/19/2018523  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated June 19, 2018 re: Response to the government's request for an order compelling a proffer of a defense witness's testimony Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 06/19/2018)
06/20/2018 Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/20/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Steven Griffing and Jerry Harrison present. (jbo) (Entered: 06/21/2018)
06/21/2018 Minute Entry for proceedings held before Judge Ronnie Abrams:Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/21/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Steven Griffing and Jerry Harrison present. (jw) (Entered: 06/22/2018)
06/22/2018 Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/22/2018. Jury Charge Conference. AUSA Brendan Quigley present. AUSA Negar Tekeei present. Defendant (3) John Galanis appearance waived. Attorney David Touger present. Defendant (6) Devon Archer present with attorney Matthew Lane Schwartz. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorney Paula Notari. Court reporters Kristen Carrannante and Jerry Harrison present. (bw) (Entered: 06/25/2018)
06/23/2018525  LETTER MOTION addressed to Judge Ronnie Abrams from Negar Tekeei / Rebecca Mermelstein / Brendan Quigley dated June 23, 2018 re: Archer and Cooney Exhibits . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Tekeei, Negar) (Entered: 06/23/2018)
06/23/2018526  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated June 23, 2018 re: Response to the government's June 23, 2018 objections Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 06/23/2018)
06/23/2018527  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Quigley/Tekeei/Mermelstein dated 6/23/2018 re: Seth Fliegler Testimony Document filed by USA. (Quigley, Brendan) (Entered: 06/23/2018)
06/23/2018528  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated June 23, 2018 re: Response to the government's motion for further reconsideration re Code Rebel evidence Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 06/23/2018)
06/24/2018529  LETTER MOTION addressed to Judge Ronnie Abrams from Rebecca Mermelstein/Brendan Quigley/Negar Tekeei dated June 24, 2015 re: Jury Instructions . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Tekeei, Negar) (Entered: 06/24/2018)
06/24/2018530  LETTER MOTION addressed to Judge Ronnie Abrams from Rebecca Mermelstein/Brendan Quigley/Negar Tekeei dated June 24, 2018 re: Defense Exhibits . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Tekeei, Negar) (Entered: 06/24/2018)
06/25/2018531  LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated June 24, 2018 re: Jury Instructions . Document filed by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Schwartz, Matthew) (Entered: 06/25/2018)
06/25/2018532  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley, and Negar Tekeei dated 6/25/2018 re: reopen evidence Document filed by USA. (Mermelstein, Rebecca) (Entered: 06/25/2018)
06/25/2018 Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/25/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Steven Griffing and Jerry Harrison present. (bw) (Entered: 06/26/2018)
06/26/2018 Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/26/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Steven Griffing and Jerry Harrison present. (jbo) (Entered: 06/27/2018)
06/27/2018 Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/27/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporters Steven Griffing and Jerry Harrison present. (bw) (Entered: 06/28/2018)
06/28/2018 Minute Entry for proceedings held before Judge Ronnie Abrams:Jury Trial as to John Galanis, Devon Archer, Bevan Cooney held on 6/28/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Brendan Quigley present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Paralegals Ellie Sheinwald and Eric Wissman present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz, Laura Harris, Craig A. Wenner. Paralegal Kendall Jackson present. Defendant (7) Bevan Cooney present with attorneys Paula Notari and Abraham Jabir Abegaz-Hassen. Court reporter Steven Griffing present. Jury found Defendant John Galanis guilty of Counts One and Two, Defendant Devon Archer guilty of Counts One and Two and Defendant Bevan Cooney guilty of Counts One and Two. (jw) (Entered: 06/29/2018)
06/28/2018 JURY VERDICT as to John Galanis (3) Guilty on Count 1ss,2ss and Devon Archer (6) Guilty on Count 1ss,2ss and Bevan Cooney (7) Guilty on Count 1ss,2ss. (jw) (Entered: 06/29/2018)
06/29/2018534 SEALED DOCUMENT placed in vault. (rz) (Entered: 06/29/2018)
07/06/2018535 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: The schedule for briefing any post-trial motions shall be as follows: Motions due no later than August 3, 2018; Opposition papers due August 17; Reply papers, if any, due August 24. SO ORDERED. (Motions due by 8/3/2018. Responses due by 8/17/2018. Replies due by 8/24/2018.) (Signed by Judge Ronnie Abrams on 7/5/2018) (lnl) (Entered: 07/06/2018)
07/06/2018537  LETTER MOTION addressed to Judge Ronnie Abrams from Rebecca Mermelstein/Brendan Quigley/Negar Tekeei dated July 6, 2018 re: Sentencing Schedule . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Tekeei, Negar) (Entered: 07/06/2018)
07/06/2018541 ORDER as to Jason Galanis, Devon Archer, Bevan Cooney: After a twenty-one day jury trial, Defendants John Galanis, Devon Archer and Bevan Cooney were found guilty of Counts One and Two of the Third Superseding Indictment. The Clerk of Court is respectfully requested to upload to ECF the court exhibits from the trial, each of which is attached to this Order. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/6/2018) (Attachments: # 1 Court Exhibit 1, # 2 Court Exhibit 2, # 3 Court Exhibit 3, # 4 Court Exhibit 4, # 5 Court Exhibit 5) (lnl) (Entered: 07/10/2018)
07/09/2018540 ORDER as to Jason Galanis (1), Gary Hirst (2), John Galanis (3), Hugh Dunkerley (4), Michelle Morton (5), Devon Archer (6), Bevan Cooney (7)granting 537 LETTER MOTION addressed to Judge Ronnie Abrams from Rebecca Mermelstein/Brendan Quigley/Negar Tekeei dated July 6, 2018 re: Sentencing Schedule. The schedule for sentencing hearings shall be as follows: John Galanis on November 2, 2018 at 2:00 p.m.; Mr. Archer on November 9 at 2:30 p.m.; and Mr. Cooney on November 9 at 4:00 p.m. SO ODERED. (Signed by Judge Ronnie Abrams on 7/9/2018) (lnl) (Entered: 07/10/2018)
07/09/2018 Set/Reset Hearings as to Devon Archer: Sentencing set for 11/9/2018 at 02:30 PM before Judge Ronnie Abrams. (lnl) (Entered: 07/10/2018)
07/20/2018548  MOTION to Withdraw Plea of Guilty . Document filed by Michelle Morton as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Morvillo, Gregory) (Entered: 07/20/2018)
07/20/2018549 MEMORANDUM in Support by Michelle Morton as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 548 MOTION to Withdraw Plea of Guilty .. [REDACTED] (Morvillo, Gregory) (Entered: 07/20/2018)
07/20/2018550 DECLARATION of Gregory Morvillo in Support by Michelle Morton as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re: 548 MOTION to Withdraw Plea of Guilty .. (Attachments: # 1 Exhibit A - 6.14.18 Letter to Court re: Michelle Morton's intent to move to withdraw her guilty plea)(Morvillo, Gregory) (Entered: 07/20/2018)
07/20/2018551 DECLARATION of Michelle Morton in Support by Michelle Morton as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re: 548 MOTION to Withdraw Plea of Guilty .. (Morvillo, Gregory) (Entered: 07/20/2018)
07/30/2018554 MEMORANDUM in Opposition by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 548 MOTION to Withdraw Plea of Guilty .. [Redacted] (Mermelstein, Rebecca) (Entered: 07/30/2018)
08/06/2018558  LETTER by USA as to Devon Archer addressed to Judge Ronnie Abrams from AUSAs Quigley/Mermelstein/Tekeei dated 8/6/18 re: Archer Travel Request Document filed by USA. (Quigley, Brendan) (Entered: 08/06/2018)
08/07/2018560 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Matthew L. Schwartz, dated 8/3/2018, re: Defense counsel writes to request permission for the defendant to travel as set forth. ENDORSEMENT: Application granted. Mr. Archer will report daily to his Pretrial Services Officer while he is away. He shall surrender the passpo1ts of his wife and children. The attached exhibit shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/7/2018) (lnl) (Entered: 08/08/2018)
08/14/2018562 SEALED DOCUMENT placed in vault. (rz) (Entered: 08/14/2018)
08/17/2018566  MOTION for Acquittal Under Rule 29., MOTION for New Trial Under Rule 33. Document filed by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Schwartz, Matthew) (Entered: 08/17/2018)
08/17/2018567 MEMORANDUM in Support by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 566 MOTION for Acquittal Under Rule 29. MOTION for New Trial Under Rule 33.. (Schwartz, Matthew) (Entered: 08/17/2018)
08/22/2018569 TRANSCRIPT of Proceedings as to Jason Galanis, Devon Archer re: Trial held on 5/22/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Jennifer Thun, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018570 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jason Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 5/22/18 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: 08/22/2018)
08/22/2018571 TRANSCRIPT of Proceedings as to Jason Galanis, Devon Archer re: Trial held on 5/23/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Rebecca Forman, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018572 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 5/23/18 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: 08/22/2018)
08/22/2018573 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 5/24/18 corrected transcript before Judge Ronnie Abrams. Court Reporter/Transcriber: Jennifer Thun, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018574 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 5/24/18 corrected transcript 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: 08/22/2018)
08/22/2018575 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 5/29/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018576 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 5/29/18 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: 08/22/2018)
08/22/2018577 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 5/30/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018578 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 5/30/18 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: 08/22/2018)
08/22/2018579 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 5/31/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018580 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 5/31/18 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: 08/22/2018)
08/22/2018581 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/4/18 corrected trial before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018582 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/4/18 corrected trial 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: 08/22/2018)
08/22/2018583 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/5/18 corrected trial before Judge Ronnie Abrams. Court Reporter/Transcriber: Jerry Harrison, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018584 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/5/18 corrected transcript 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: 08/22/2018)
08/22/2018585 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/6/18 corrected trial before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018586 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/6/18 corrected transcript 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: 08/22/2018)
08/22/2018587 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on CORRECGTED TRIAL 6/11/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Pamela Utter, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018588 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/11/18 CORRECTED TRANCRIPT 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: 08/22/2018)
08/22/2018589 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/12/18 CORRECTED TRIAL before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018590 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/12/18 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: 08/22/2018)
08/22/2018591 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/13/18 CORRECTED TRIAL before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018592 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/18/18 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: 08/22/2018)
08/22/2018593 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/19/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018594 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/19/18 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: 08/22/2018)
08/22/2018595 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/20/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Jerry Harrison, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018596 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/20/18 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: 08/22/2018)
08/22/2018597 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/21/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018598 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/21/18 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: 08/22/2018)
08/22/2018599 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/22/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Jerry Harrison, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018600 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/22/18 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: 08/22/2018)
08/22/2018601 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/25/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018602 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/25/18 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: 08/22/2018)
08/22/2018603 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/26/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018604 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/26/18 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: 08/22/2018)
08/22/2018605 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/27/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018606 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/27/18 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: 08/22/2018)
08/22/2018607 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/28/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 9/12/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/20/2018. (McGuirk, Kelly) (Entered: 08/22/2018)
08/22/2018608 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/28/18 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: 08/22/2018)
08/30/2018613  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated 8/30/2018 re: post trial motion deadline Document filed by USA. (Mermelstein, Rebecca) (Entered: 08/30/2018)
09/04/2018615 SENTENCING SUBMISSION by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Exhibit Restitution Order)(Quigley, Brendan) (Entered: 09/04/2018)
09/10/2018617 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. The Court is in receipt of Defendants' post-trial motions. The deadline to submit a letter requesting oral argument shall be September 17, 2018. If the Court does not receive any such request, it will assume that the parties are content to rest on their papers. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/10/2018)(bw) (Entered: 09/10/2018)
09/14/2018620 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams, from Matthew L. Schwartz dated 9/13/2018 re: Defense counsel writes to request the Court's permission for Mr. Archer to take a business trip to London. ENDORSEMENT: Application granted. Mr. Archer will report daily to Pretrial Services during his trip and his wife and children shall surrender their passports while he is out of the country. (Signed by Judge Ronnie Abrams on 9/14/2018) (ap) (Entered: 09/14/2018)
09/14/2018621  LETTER MOTION addressed to Judge Ronnie Abrams from AUSAs Quigley/Tekeei/Mermelstein dated 9/14/2018 re: Proposed Order of Forfeiture . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Text of Proposed Order)(Quigley, Brendan) (Entered: 09/14/2018)
09/14/2018622 SEALED DOCUMENT placed in vault. (mhe) (Entered: 09/14/2018)
09/14/2018623 MEMORANDUM in Opposition by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re 565 FIRST MOTION for Acquittal Pursuant to Rule 29 And.FIRST MOTION for New Trial Pursuant to Rule 33., 566 MOTION for Acquittal Under Rule 29. MOTION for New Trial Under Rule 33.. And 564 SECOND LETTER MOTION re: Rule 29 (Tekeei, Negar) (Entered: 09/14/2018)
09/17/2018626 ENDORSED LETTER as to (16-Cr-371-06) Devon Archer addressed to Judge Ronnie Abrams from Attorney Matthew L. Schwartz dated September 17, 2018 re: Last week, Your Honor granted Mr. Archer permission to take a business trip to London between September 20-23, 2018 [ECF No. 620]. I write simply to inform the Court that the flights that Mr. Archer intended to book became unavailable. I am therefore attaching a revised itinerary as Exhibit A, which I respectfully request be maintained under seal. The only change to the itinerary are the flights, including the return flight which is now first thing Monday morning on September 24 rather than the evening of September 23. ENDORSEMENT: Application granted. The attached exhibit will be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/17/2018)(bw) (Entered: 09/17/2018)
09/17/2018 Transmission to Sealed Records Clerk: as to Devon Archer (6). Transmitted re: 626 Endorsed Letter, to the Sealed Records Clerk for the sealing of document(s). (bw) (Entered: 09/17/2018)
09/20/2018628 SEALED DOCUMENT placed in vault. (mhe) (Entered: 09/20/2018)
09/20/2018629  LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated September 20, 2018 re: One week extension for reply briefs in further support of post-trial motions, and one week adjournment of oral argument date . Document filed by John Galanis, Devon Archer, Bevan Cooney as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Schwartz, Matthew) (Entered: 09/20/2018)
09/20/2018630 MEMO ENDORSEMENT as to John Galanis, Devon Archer, Bevan Cooney on re: 629 LETTER MOTION addressed to Judge Ronnie Abrams from Matthew L. Schwartz, Attorney for defendant Devon Archer, dated September 20, 2018 re: One week extension for reply briefs in further support of post-trial motions, and one week adjournment of oral argument date. ENDORSEMENT: The deadline for the defendants' reply briefs is extended to September 27, 2018 at 5:00 p.m. The argument has also been adjourned to October 5 at 3:00 p.m. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/20/2018)(bw) (Entered: 09/21/2018)
09/27/2018632  REPLY MEMORANDUM OF LAW in Support by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re: 566 MOTION for Acquittal Under Rule 29. MOTION for New Trial Under Rule 33. . (Attachments: # 1 Exhibit 1)(Schwartz, Matthew) (Entered: 09/27/2018)
10/05/2018637 ORDER as to John Galanis, Devon Archer, Bevan Cooney. The hearing set for today is adjourned until October 23, 2018 at 10:00 a.m. SO ORDERED. (Oral Argument set for 10/23/2018 at 10:00 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 10/5/18)(jbo) (Entered: 10/05/2018)
10/05/2018638 SEALED DOCUMENT placed in vault. (rz) (Entered: 10/05/2018)
10/05/2018639 SEALED DOCUMENT placed in vault. (rz) (Entered: 10/05/2018)
10/05/2018640 SEALED DOCUMENT placed in vault. (rz) (Entered: 10/05/2018)
10/05/2018641 SEALED DOCUMENT placed in vault. (rz) (Entered: 10/05/2018)
10/05/2018642 SEALED DOCUMENT placed in vault. (rz) (Entered: 10/05/2018)
10/05/2018643 SEALED DOCUMENT placed in vault. (mhe) (Entered: 10/06/2018)
10/05/2018644 SEALED DOCUMENT placed in vault. (mhe) (Entered: 10/06/2018)
10/05/2018645 SEALED DOCUMENT placed in vault. (mhe) (Entered: 10/06/2018)
10/18/2018647 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 5/24/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Jennifer Thun, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018648 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 5/24/18 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: 10/18/2018)
10/18/2018649 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 5/30/18 corrected trial before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018650 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 5/30/18 corrected trial 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: 10/18/2018)
10/18/2018651 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 5/31/18 corrected trial before Judge Ronnie Abrams. Court Reporter/Transcriber: Kristen Carannante, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018652 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 5/31/18 CORRECTED TRIAL 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: 10/18/2018)
10/18/2018653 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/4/18 CORRECTED TRIAL before Judge Ronnie Abrams. Court Reporter/Transcriber: Jerry Harrison, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018654 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/4/18 CORRECTED TRIAL 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: 10/18/2018)
10/18/2018655 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/5/18 CORRECTED TRIAL before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018656 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/5/18 CORRECTED TRANSCRIPT 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: 10/18/2018)
10/18/2018657 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/6/18 CORRECTED TRIAL before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018658 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/6/18 CORRECT TRANSCRIPT 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: 10/18/2018)
10/18/2018659 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/11/18 CORRECTED TRIAL before Judge Ronnie Abrams. Court Reporter/Transcriber: Pamela Utter, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018660 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/11/18 CORRECTED TRIAL 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: 10/18/2018)
10/18/2018661 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/12/18 CORRECTED TRIAL before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018662 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/12/18 CORRECTED TRIAL 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: 10/18/2018)
10/18/2018663 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/13/18 CORRECTED TRIAL before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018664 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/13/18 CORRECTED TRIAL 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: 10/18/2018)
10/18/2018665 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/18/18 CORRECTED TRIAL before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018666 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/18/18 CORRECTED TRIAL 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: 10/18/2018)
10/18/2018667 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/19/18 CORRECTED TRIAL before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018668 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/19/18 CORRECTED TRIAL 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: 10/18/2018)
10/18/2018669 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/20/18 CORRECTED TRIAL before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018670 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/20/18 CORRECTED TRIAL 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: 10/18/2018)
10/18/2018671 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/21/18 before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018672 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/21/18 CORRECTED TRANSCIPT 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: 10/18/2018)
10/18/2018673 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on CORRECTED TRIAL before Judge Ronnie Abrams. Court Reporter/Transcriber: Kristen Carannante, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018674 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/22/18 CORRECTED TRIAL 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: 10/18/2018)
10/18/2018675 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/25/18 CORRECTED TRIAL before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018676 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/25/18 CORRECTED TRIAL 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: 10/18/2018)
10/18/2018677 TRANSCRIPT of Proceedings as to John Galanis, Devon Archer re: Trial held on 6/26/18 CORRECTED TRIAL before Judge Ronnie Abrams. Court Reporter/Transcriber: Steven Griffing, (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 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (McGuirk, Kelly) (Entered: 10/18/2018)
10/18/2018678 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to John Galanis, Devon Archer. Notice is hereby given that an official transcript of a Trial proceeding held on 6/26/18 CORRECTED TRIAL 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: 10/18/2018)
10/23/2018 Minute Entry for proceedings held before Judge Ronnie Abrams: Oral Argument as to John Galanis, Devon Archer held on 10/23/2018. AUSA Rebecca Gabrielle Mermelstein present. AUSA Negar Tekeei present. FBI Agent Shannon Bieniek present. Defendant (3) John Galanis present with attorney David Touger. Defendant (6) Devon Archer present with attorneys Matthew Lane Schwartz and Craig A. Wenner. Defendant (7) Bevan Cooney appearance waived. Attorney Paula Notari present. Court reporter Sam Mauro present. John Galanis sentence adjourned to December 7, 2018 at 1:30 p.m. Devon Archer sentence adjourned to December 12, 2018 at 5:00 p.m. Bevan Cooney sentence adjourned to December 12, 2018 at 5:30 p.m. (jw) (Entered: 10/23/2018)
10/23/2018 Set/Reset Deadlines/Hearings as to Devon Archer: Sentencing set for 12/12/2018 at 05:00 PM before Judge Ronnie Abrams (jw) (Entered: 10/23/2018)
10/27/2018682  FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re: 566 MOTION for Acquittal Under Rule 29. MOTION for New Trial Under Rule 33. . (Schwartz, Matthew) Modified on 10/29/2018 (ka). (Entered: 10/27/2018)
10/29/2018 NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: Notice to Attorney Schwartz, Matthew to RE-FILE Document 682 Reply Memorandum of Law in Support of Motion. Use the event type Letter found under the event list Other Documents. (ka) (Entered: 10/29/2018)
10/29/2018683  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated October 27, 2018 re: Supplemental authority in further support of Mr. Archer's motions for acquittal and a new trial [ECF No. 567] Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 10/29/2018)
10/31/2018686  LETTER MOTION addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated 10/31/2018 re: Opposition to Defendant's Additional Motions for a New Trial . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Mermelstein, Rebecca) (Entered: 10/31/2018)
11/02/2018687 SEALED DOCUMENT placed in vault. (mhe) (Entered: 11/05/2018)
11/07/2018688 SEALED DOCUMENT placed in vault. (rz) (Entered: 11/07/2018)
11/08/2018689  LETTER by Devon Archer as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from Matthew L. Schwartz dated November 8, 2018 re: Response to government argument [ECF No. 686] regarding Mr. Archer's supplemental authority in further support of his post-trial motions [ECF No. 683]. Document filed by Devon Archer. (Schwartz, Matthew) (Entered: 11/08/2018)
11/15/2018690 MEMORANDUM & OPINION as to John Galanis, Devon Archer, Bevan Cooney. For the foregoing reasons, Archer's motion for a new trial is granted, while all others aredenied. The Clerk of Court is respectfully directed to terminate the motions pending at docketentries 563, 564, 565, and 566. So Ordered. (Signed by Judge Ronnie Abrams on 11/15/18)(jbo) (Entered: 11/15/2018)
11/15/2018691 ORDER as to Devon Archer. As discussed at the conference on October 23, 2018, and addressed in an ex parte letter submitted by the government on October 24, 2018 and filed under seal, before trial, the government concluded that it was not required to produce certain material under either Brady or Giglio, and the Court agreed. (Signed by Judge Ronnie Abrams on 11/15/18)(jbo) (Entered: 11/15/2018)
11/16/2018693 SEALED DOCUMENT placed in vault. (rz) (Entered: 11/16/2018)
11/23/2018701 SENTENCING SUBMISSION by USA as Michelle Morton. (Attachments: # 1 Text of Proposed Order Restitution Order)(Tekeei, Negar) Modified on 11/26/2018 (ka). (Entered: 11/23/2018)
12/10/2018703 SEALED DOCUMENT placed in vault. (rz) (Entered: 12/11/2018)
12/10/2018704 SEALED DOCUMENT placed in vault. (rz) (Entered: 12/11/2018)
12/13/2018705 NOTICE OF APPEAL by USA as to Devon Archer from 690 Memorandum & Opinion. (tp) (Entered: 12/13/2018)
12/13/2018 Appeal Remark as to Devon Archer filed by U.S.A. re: 705 Notice of Appeal. APPEAL FEE WAIVED. USA. (tp) (Entered: 12/13/2018)
12/13/2018 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Devon Archer to US Court of Appeals re: 705 Notice of Appeal. (tp) (Entered: 12/13/2018)
12/13/2018 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Devon Archer re: 705 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp) (Entered: 12/13/2018)
12/26/2018710  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brendan Quigley and Negar Tekeei dated 12/26/2018 re: Update re: Rule 33 Decision: Government has filed a notice of appeal Document filed by USA. (Mermelstein, Rebecca) (Entered: 12/26/2018)
12/26/2018711 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams, from Matthew L. Schwartz dated 12/26/2018 re: Defense counsel writes to request the Court's permission for Mr. Archer to travel with his family to Jamaica from December 29, 2018, to January 3, 2019. ENDORSEMENT: Application Granted. Mr. Archer shall report daily to Pretrial Services during his trip, and the waiver of extradition previously signed by Mr. Archer remains in effect. Because it contains private travel information, the exhibit attached to Mr. Schwartz's letter shall be filed under seal. So Ordered. (Signed by Judge Ronnie Abrams on 12/26/2018) (ap) (Entered: 12/27/2018)
01/03/2019714 SEALED DOCUMENT placed in vault. (mhe) (Entered: 01/03/2019)
01/07/2019715 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from defense counsel Matthew Schwartz dated 1/7/19 re: requesting permission for Mr. Archer to take the trip described in the attached exhibit...ENDORSEMENT: Application Granted. Mr. Archer shall report daily to Pretrial Services during his trip, and the waiver of extradition previously signed by Mr. Archer remains in effect. Because it contains private travel information, the exhibit attached to Mr. Schwartz's letter shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/7/19)(jbo) (Entered: 01/07/2019)
01/09/2019718 SENTENCING SUBMISSION by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Mermelstein, Rebecca) (Entered: 01/09/2019)
01/15/2019 ***DELETED DOCUMENT. Deleted document number 728 ORDER, as to Michelle Morton. The document was incorrectly filed in this case. (lnl) (Entered: 01/15/2019)
02/27/2019730 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from defense counsel Craig Wenner dated 2/27/19 re: requesting permission to travel...ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/27/19)(jbo) (Entered: 02/27/2019)
03/20/2019738 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from defense counsel Craig Wenner dated 3/18/19 re: requesting permission to travel...ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/20/19)(jbo) (Entered: 03/20/2019)
03/25/2019739 SEALED DOCUMENT placed in vault. (rz) (Entered: 03/25/2019)
04/16/2019745 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from defense counsel Craig Wenner dated 4/15/19 re: requesting permission to travel...ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/16/19)(jbo) (Entered: 04/16/2019)
04/24/2019746 SEALED DOCUMENT placed in vault. (rz) (Entered: 04/24/2019)
05/01/2019748 SEALED DOCUMENT placed in vault. (mhe) (Entered: 05/01/2019)
05/17/2019760  LETTER MOTION addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 5/17/2019 re: privilege waiver . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Exhibit)(Mermelstein, Rebecca) (Entered: 05/17/2019)
06/03/2019770 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams, from Craig Wenner dated 5/31/2019 re: Defense counsel writes to request permission for travel. ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. (Signed by Judge Ronnie Abrams on 6/3/2019) (ap) (Entered: 06/04/2019)
06/13/2019772  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated June 13, 2019 re: Ajdournment of Motions Document filed by USA. (Mermelstein, Rebecca) (Entered: 06/13/2019)
06/17/2019774 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams, from Craig Wenner dated 6/17/2019 re: Defense counsel writes to request permission for travel. ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. (Signed by Judge Ronnie Abrams on 6/17/2019) (ap) (Entered: 06/17/2019)
06/17/2019775 MEMO ENDORSEMENT as to Gary Hirst (2) granting 771 NOTICE OF WITHDRAWAL. ENDORSEMENT: Application granted. Emma Susanne Spiro withdrawn from case. (Signed by Judge Ronnie Abrams on 6/14/2019) (ap) (Entered: 06/17/2019)
06/21/2019776 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from defense counsel Craig Wenner dated 6/21/19 re: extension of defendant's trip by one day...ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/21/19)(jbo) (Entered: 06/21/2019)
07/10/2019778 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from defense counsel Craig Wenner dated 7/9/19 re: permission to travel...ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/10/19)(jbo) (Entered: 07/10/2019)
07/12/2019780 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from defense counsel Craig Wenner dated 7/12/19 re: permission to travel...ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/12/19)(jbo) (Entered: 07/12/2019)
07/15/2019782 SEALED DOCUMENT placed in vault. (rz) (Entered: 07/15/2019)
07/22/2019785 SENTENCING SUBMISSION by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Attachments: # 1 Text of Proposed Order)(Mermelstein, Rebecca) (Entered: 07/22/2019)
08/05/2019792 SEALED DOCUMENT placed in vault. (mhe) (Entered: 08/05/2019)
08/08/2019793 ENDORSED LETTER as to (S3-16-Cr-371-06) Devon Archer addressed to Judge Ronnie Abrams from Attorney Craig Wenner dated August 8, 2019 re: I write to respectfully the Court's permission for Mr. Archer to travel on business from August 12 to 17, 2019, to Mexico City. A copy of Mr. Archer's proposed flight and lodging information is attached as Exhibit A, which we respectfully request to be filed under seal. ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/8/2019)(bw) (Entered: 08/08/2019)
08/08/2019 Transmission to Sealed Records Clerk: as to Devon Archer (6). Transmitted re: 793 Endorsed Letter, to the Sealed Records Clerk for the sealing of document. (bw) (Entered: 08/08/2019)
08/30/2019804 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Craig Wenner dated 8/29/2019 re: To respectfully the Court's permission for Mr. Archer to travel on business from September 8 to 13, 2019, to Beijing....ENDORSEMENT: Application Granted. (Signed by Judge Ronnie Abrams on 8/30/2019)(jw) (Entered: 08/30/2019)
09/17/2019808 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Craig Wenner dated 9/17/2019 re: To travel on business from September 20 to October 4, 2019...ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. (Signed by Judge Ronnie Abrams on 9/17/2019)(jw) (Entered: 09/17/2019)
10/17/2019814 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Craig Wenner dated 10/17/19 re: Permission for Mr. Archer to travel on business from October 21 to 25, 2019, to England... ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. So Ordered. (Signed by Judge Ronnie Abrams on 10/17/19)(vb) (Entered: 10/18/2019)
11/06/2019818 ENDORSED LETTER as to (S3-16-Cr-371-06) Devon Archer addressed to Judge Ronnie Abrams from Attorney Craig Wenner dated November 5, 2019 re: I write to respectfully the Court's permission for Mr. Archer to travel on business from November 11 to 20, 2019, to Vietnam, and then with his family on vacation for Thanksgiving from November 24 to December 2, 2019, to Jamaica. ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/6/2019)(bw) (Entered: 11/06/2019)
11/06/2019 Transmission to Sealed Records Clerk: as to Devon Archer (6). Transmitted re: 818 Endorsed Letter, to the Sealed Records Clerk for the sealing of document(s). (bw) (Entered: 11/06/2019)
12/13/2019833 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams, from Craig Wenner dated 12/13/2019 re: Defense counsel writes for permission for Defendant to travel. ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. (Signed by Judge Ronnie Abrams on 12/13/2019) (ap) (Entered: 12/16/2019)
12/27/2019834 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Craig Wenner dated 12/23/2019 re: To request the Court's permission for Mr. Archer to travel with one of his children to the United Arab Emirates from December 30, 2019 to January 7, 2020....ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. (Signed by Judge Ronnie Abrams on 12/27/19)(jw) (Entered: 12/30/2019)
01/06/2020837 ENDORSED LETTER as to (S3-16-Cr-371-06) Devon Archer addressed to Judge Ronnie Abrams from Attorney Craig Wenner dated January 3, 2020 re: submitted to request the Court's permission for Mr. Archer to travel on business from January 13 to 18, 2020, to China. A copy of Mr. Archer's proposed flight and lodging information is attached as Exhibit A, which we respectfully request to be filed under seal. ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/6/2020)(bw) (Entered: 01/06/2020)
01/06/2020 Transmission to Sealed Records Clerk: as to Devon Archer (6). Transmitted re: 837 Endorsed Letter, to the Sealed Records Clerk for the sealing of document. (bw) (Entered: 01/06/2020)
01/28/2020847 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from defense counsel Craig Wenner dated 1/28/20 re: I write to respectfully request the Court's permission for Mr. Archer to travel with his wife on vacation from February 4 to 9, 2020, to the French Antilles, and then on business from February 9 to 14, 2020, to the United Arab Emirates...ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/28/20)(jbo) (Entered: 01/29/2020)
05/06/2020904 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Craig Wenner dated 5/6/20 re: To respectfully request the Courts permission for Mr. Archer to travel on business from May 11 to May 15, 2020, to Mexico..ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. (Signed by Judge Ronnie Abrams on 5/6/20)(jw) (Entered: 05/06/2020)
05/15/2020907  LETTER MOTION addressed to Judge Ronnie Abrams from AUSAs Rebecca Mermelstein, Brian Blais and Negar Tekeei dated 5/15/2020 re: Opposition to John Galanis Motion for Compassionate Release . Document filed by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. (Mermelstein, Rebecca) (Entered: 05/15/2020)
05/26/2020911  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 5/26/2020 re: notifying the Court that Judge Castel denied the defendant's compassionate release motion in 15 Cr. 643 Document filed by USA. (Mermelstein, Rebecca) (Entered: 05/26/2020)
05/27/2020913 MEMO ENDORSEMENT 905 LETTER MOTION Due to Judge Castel's denial of Mr. Galanis' compassionate release motion I hereby withdraw the similar motion before this Court....ENDORSEMENT...Application granted. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 905, 907-909, and 912. (Signed by Judge Ronnie Abrams on 5/27/20) (jw) (Entered: 05/27/2020)
07/09/2020918 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams from Craig Wenner dated 7/9/20 re: To request the Court's permission for Mr. Archer to travel on business from July 14 to July 17, 2020 to Mexico...ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. (Signed by Judge Ronnie Abrams on 7/9/20)(jw) (Entered: 07/10/2020)
08/31/2020926  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 8/31/2020 re: John Galanis Sentencing Computation Document filed by USA. (Mermelstein, Rebecca) (Entered: 08/31/2020)
09/02/2020928  LETTER by USA as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney addressed to Judge Ronnie Abrams from AUSA Rebecca Mermelstein dated 9/2/2020 re: Joint Response to Court's September 1, 2020 Order Document filed by USA. (Mermelstein, Rebecca) (Entered: 09/02/2020)
10/07/2020931 OPINION of USCA (Certified Copy) as to Devon Archer re: 705 Notice of Appeal - Final Judgment. USCA Case Number 18-3727. For the reasons stated above, we reverse the district courts grant of the Rule 33 motion, reinstate the conviction, and remand the case to the district court for sentencing. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit, Clerk USCA. Certified: 10/7/2020. (tp) (Entered: 10/07/2020)
10/07/2020932 ORDER as to (16-Cr-371-06) Devon Archer. Earlier today, the Court of Appeals for the Second Circuit reversed this Court's decision granting Defendant Devon Archer a new trial and remanded the case for sentencing. Sentencing shall be held on January 28, 2021 at 11:30 a.m. The defendant's submission shall be due on January 14, 2021 and the Government's submission on January 21, 2021. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/7/2020)(bw) (Entered: 10/07/2020)
10/30/2020936 ORDER as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f), to confirm the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. (Signed by Judge Ronnie Abrams on 10/30/2020) (See ORDER set forth) (ap) (Entered: 10/30/2020)
11/18/2020941 ENDORSED LETTER as to Devon Archer addressed to Judge Ronnie Abrams, from Craig Wenner dated 11/17/2020 re: Defense counsel writes to request permission to travel. ENDORSEMENT: Application granted. The attached exhibit shall be filed under seal. (Signed by Judge Ronnie Abrams on 11/18/2020) (ap) (Entered: 11/18/2020)
12/07/2020946 TRANSCRIPT of Proceedings as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney re: Conference held on 11/18/20 before Judge Ronnie Abrams. Court Reporter/Transcriber: Carol Ganley, (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 12/28/2020. Redacted Transcript Deadline set for 1/7/2021. Release of Transcript Restriction set for 3/8/2021. (McGuirk, Kelly) (Entered: 12/07/2020)
12/07/2020947 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Jason Galanis, Gary Hirst, John Galanis, Hugh Dunkerley, Michelle Morton, Devon Archer, Bevan Cooney. Notice is hereby given that an official transcript of a Conference proceeding held on 11/18/20 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: 12/07/2020)


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