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11-228 - USA v. Beckman et al


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11-228 - USA v. Beckman et al
October 18, 2011
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REPORT AND RECOMMENDATION as to Patrick Joseph Kiley recommends 95 MOTION to Suppress be DENIED, 93 MOTION to Dismiss Indictment be DENIED. Objections to R&R due by 11/1/2011. R&R Ruling due by 11/17/2011. Signed by Magistrate Judge Jeffrey J. Keyes on 10/18/11. (GMO)
October 24, 2011
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REPORT AND RECOMMENDATION as to Gerald Joseph Durand recommends 71 MOTION to Suppress Statements be denied. Objections to R&R due by 11/7/2011 R&R Ruling due by 11/23/2011. Signed by Magistrate Judge Jeffrey J. Keyes on 10/24/11. (jdf)
November 9, 2011
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Patrick Joseph Kiley for 118 Report and Recommendation. Defendant Kiley's Motion to Dismiss 93 is DENIED; and Defendant Kiley's Motion to Suppress Statements of Patrick J. Kiley95 is DENIED. Signed by Chief Judge Michael J. Davis on 11/9/11. (KMW)
November 9, 2011
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Gerald Joseph Durand for 123 Report and Recommendation. Defendant Gerald Joseph Durands Motion to Suppress Statements 71 is DENIED.Signed by Chief Judge Michael J. Davis on 11/9/11. (KMW)
November 10, 2011
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REPORT AND RECOMMENDATION as to Patrick Joseph Kiley (3). IT IS HEREBY RECOMMENDED that: 1. Attorney H. Nasif Mahoud should not be disqualified at this time. Objections to R&R due by 11/24/2011. R&R Ruling due by 12/12/2011. Signed by Magistrate Judge Jeffrey J. Keyes on 11/10/11. (LEG)
December 6, 2011
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Patrick Joseph Kiley for 133 Report and Recommendation. (Written Opinion) IT IS HERERBY ORDERED that Attorney H. Nasif Mahoud is not disqualified at this time. Signed by Chief Judge Michael J. Davis on 12/6/11. (KMW)
March 22, 2012
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ORDER. IT IS HEREBY ORDERED: 1. Defendant Beckman's Motions to Exclude Evidence 170 and 189 are GRANTED in part and DENIED in part. The motion to exclude evidence concerning Beckman's acts as personal representative of his maternal grandfather's estate is denied; the motion to exclude evidence relating to the Tax Counts is denied; the motion to exclude evidence concerning allegations that Beckman forged his mother's signature on student loan documents is granted; the motion to exclude evidence concerning Beckman's child support proceedings is granted; the motion to exclude evidence concerning a communication from a lawyer that is referenced in paragraph 23(a) of the Second Superseding Indictment is denied; the motion to exclude evidence concerning a transcript from the University of Vermont and his discharge from the Air Force Academy is granted. The government may not reference any of the above excluded evidence in its opening statement, but such evidence may be admissible for impeachment purposes. 2. Defendant Beckman's Motion to Strike Surplusage 191 is DENIED. 3. The Government's Motion to Take the Deposition of R.M. 194 is GRANTED. 4. Defendant Durand's Motion to Exclude Evidence Referencing "Strippers" 173 is RESERVED. Admission of such evidence will require the government to make a specific showing as to relevance.(Written Opinion). Signed by Chief Judge Michael J. Davis on 3/22/12. (GRR)ORDER. IT IS HEREBY ORDERED: 1. Defendant Beckman's Motions to Exclude Evidence 170 and 189 are GRANTED in part and DENIED in part. The motion to exclude evidence concerning Beckman's acts as personal representative of his maternal grandfather's estate is denied; the motion to exclude evidence relating to the Tax Counts is denied; the motion to exclude evidence concerning allegations that Beckman forged his mother's signature on student loan documents is granted; the motion to exclude evidence concerning Beckman's child support proceedings is granted; the motion to exclude evidence concerning a communication from a lawyer that is referenced in paragraph 23(a) of the Second Superseding Indictment is denied; the motion to exclude evidence concerning a transcript from the University of Vermont and his discharge from the Air Force Academy is granted. The government may not reference any of the above excluded evidence in its opening statement, but such evidence may be admissible for impeachment purposes. 2. Defendant Beckman's Motion to Strike Surplusage 191 is DENIED. 3. The Government's Motion to Take the Deposition of R.M. 194 is GRANTED. 4. Defendant Durand's Motion to Exclude Evidence Referencing "Strippers" 173 is RESERVED. Admission of such evidence will require the government to make a specific showing as to relevance.(Written Opinion). Signed by Chief Judge Michael J. Davis on 3/22/12. (GRR)ORDER. IT IS HEREBY ORDERED: 1. Defendant Beckman's Motions to Exclude Evidence 170 and 189 are GRANTED in part and DENIED in part. The motion to exclude evidence concerning Beckman's acts as personal representative of his maternal grandfather's estate is denied; the motion to exclude evidence relating to the Tax Counts is denied; the motion to exclude evidence concerning allegations that Beckman forged his mother's signature on student loan documents is granted; the motion to exclude evidence concerning Beckman's child support proceedings is granted; the motion to exclude evidence concerning a communication from a lawyer that is referenced in paragraph 23(a) of the Second Superseding Indictment is denied; the motion to exclude evidence concerning a transcript from the University of Vermont and his discharge from the Air Force Academy is granted. The government may not reference any of the above excluded evidence in its opening statement, but such evidence may be admissible for impeachment purposes. 2. Defendant Beckman's Motion to Strike Surplusage 191 is DENIED. 3. The Government's Motion to Take the Deposition of R.M. 194 is GRANTED. 4. Defendant Durand's Motion to Exclude Evidence Referencing "Strippers" 173 is RESERVED. Admission of such evidence will require the government to make a specific showing as to relevance.(Written Opinion). Signed by Chief Judge Michael J. Davis on 3/22/12. (GRR)
April 12, 2012
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ORDER. IT IS HEREBY ORDERED: 1. Defendant Durand's Motion to Exclude Evidence Regarding Bankruptcy 209 is DENIED; 2. Defendant Durand's Motion to Exclude Evidence Regarding ISA Internationale 211 is DENIED; 3. Defendant Durand's Motion to Clarify 210 is RESERVED; 4. The Government's Motion to Exclude Evidence of Post-Fraud Mitigation Efforts of Defendant Beckman 206 is RESERVED; 4. Defendant Durand's Motion to Exclude Evidence of Government Expert Brian Bernston 214 is DENIED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 4/12/12. (GRR)ORDER. IT IS HEREBY ORDERED: 1. Defendant Durand's Motion to Exclude Evidence Regarding Bankruptcy 209 is DENIED; 2. Defendant Durand's Motion to Exclude Evidence Regarding ISA Internationale 211 is DENIED; 3. Defendant Durand's Motion to Clarify 210 is RESERVED; 4. The Government's Motion to Exclude Evidence of Post-Fraud Mitigation Efforts of Defendant Beckman 206 is RESERVED; 4. Defendant Durand's Motion to Exclude Evidence of Government Expert Brian Bernston 214 is DENIED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 4/12/12. (GRR)ORDER. IT IS HEREBY ORDERED: 1. Defendant Durand's Motion to Exclude Evidence Regarding Bankruptcy 209 is DENIED; 2. Defendant Durand's Motion to Exclude Evidence Regarding ISA Internationale 211 is DENIED; 3. Defendant Durand's Motion to Clarify 210 is RESERVED; 4. The Government's Motion to Exclude Evidence of Post-Fraud Mitigation Efforts of Defendant Beckman 206 is RESERVED; 4. Defendant Durand's Motion to Exclude Evidence of Government Expert Brian Bernston 214 is DENIED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 4/12/12. (GRR)
April 18, 2012
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MEMORANDUM OPINION AND ORDER As to Jason Bo-Alan Beckman (1). IT IS HEREBY ORDERED: 1. Willkie Farr & Gallagher LLP's and Martin Klotz's Motion to Quash Subpoena 223 is DENIED; 2. Briggs and Morgan, P.A.'s Motion to Quash 230 is RESERVED. Briggs shall serve all responsive documents to the subpoena to the Court for in camera review on or before noon, April 18, 2012; 3. Defendant Beckman's Motion to Exclude Evidence of Attorney-Client Privilege 220 is DENIED as to Martin Klotz and Willkie Farr & Gallagher and RESERVED as to Briggs and Morgan, P.A. Defendant shall submit an ex parte order to the Court concerning his relationship with Briggs and Morgan, P.A. on or before noon, April 18, 2012. (Written Opinion). Signed by Chief Judge Michael J. Davis on 4/18/12. (GRR). cc: mailed copies to attys W. Anders Folk, Richard G. Mark and Matthew G. Forsgren. Modified text on 4/19/2012 (KNK).
April 18, 2012
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ORDER as to Jason Bo-Alan Beckman. The Memorandum Opinion and Order dated April 18, 2012 234 is hereby amended as follows: Briggs and Morgan, P.A. shall serve a relevant sampling of responsive documents to the subpoena to the Court for in camera review on or before noon, April 19, 2012.(Written Opinion). Signed by Chief Judge Michael J. Davis on 4/18/12. (GRR). cc: mailed copies to attys W. Anders Folk, Richard G. Mark and Matthew G. Forsgren. Modified text on 4/19/2012 (KNK).
April 19, 2012
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ORDER as to Jason Bo-Alan Beckman (1). IT IS HEREBY ORDERED: 1. Morgan Lewis & Bockius LLP's and Robert Mendelson's Motion to Quash Subpoena 241 is DENIED; 2. Defendant Beckman's Motion to Exclude Evidence of Attorney-Client Privilege 220 is DENIED as to Robert Mendelson and Morgan Lewis & Bockius, LLP.(Written Opinion). Signed by Chief Judge Michael J. Davis on 4/19/12. (GRR). cc: mailed copies to attys. Modified text on 4/20/2012 (KNK).
April 19, 2012
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ORDER as to Jason Bo-Alan Beckman (1). IT IS HEREBY ORDERED that the Government's Motion to Exclude Post-Fraud Mitigation Efforts 206 is DENIED.(Written Opinion). Signed by Chief Judge Michael J. Davis on 4/19/12. (GRR)
April 19, 2012
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ORDER as to Jason Bo-Alan Beckman (1). IT IS HEREBY ORDERED: 1. Briggs and Morgan, P.A.'s Motion to Quash 230 is DENIED; 2. Defendant Beckman's Motion to Exclude Evidence of Attorney-Client Privilege 220 is DENIED as to Briggs and Morgan, P.A. (Written Opinion). Signed by Chief Judge Michael J. Davis on 4/19/12. (GRR). cc: Mailed copies to attys. Modified text on 4/20/2012 (KNK).
April 24, 2012
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ORDER as to Gerald Joseph Durand (2). Based on the submissions of the parties 253, the objection is sustained as to that portion of Exhibit 6 to the Deposition of Rebecca Mott dealing with Premium Financing and those portions of the transcript referencing the Premium Financing (Tr. 45:16-22; 46:12) until such time as the Government demonstrates that Exhibit 6 is one document. (Written Opinion). Signed by Chief Judge Michael J. Davis on 4/24/12. (GRR)
May 11, 2012
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ORDER. IT IS HEREBY ORDERED that the Government's Motion to Exclude Self-Serving Hearsay by Defendant Durand 264 is GRANTED as to any statements made by Defendant Durand (2). (Written Opinion). Signed by Chief Judge Michael J. Davis on 5/11/12. (GRR)
May 22, 2012
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MEMORANDUM OF LAW AND ORDER as to Jason Bo-Alan Beckman (1). IT IS HEREBY ORDERED that the Government's Motion Directing Defendant Beckman to Waive Protection of Attorney-Client Privilege or Forego Calling Any Luger 275 is GRANTED. Defendant Beckman is hereby directed to choose between 1) calling Luger and waiving the attorney-client privilege; or 2) not calling Luger as a witness.(Written Opinion). Signed by Chief Judge Michael J. Davis on 5/22/12. (GRR)
June 4, 2012
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ORDER as to Patrick Joseph Kiley (3). IT IS HEREBY ORDERED that Defendant Patrick Kiley's Motion for Judgment of Acquittal 289 is DENIED.(Written Opinion). Signed by Chief Judge Michael J. Davis on 6/4/12. (GRR)
June 12, 2012
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ORDER. IT IS HEREBY ORDERED that Defendant Patrick Kiley's Motion for Judgment of Acquittal 296 and 298 is DENIED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 6/12/12. (GRR)
December 28, 2012
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ORDER as to Gerald Joseph Durand (2). The Government's Motion 359, requesting an evidentiary hearing for defendant Durand is GRANTED. The hearing shall be held on January 3, 2013 after the first evidentiary hearing in Courtroom 15E before Chief Judge Michael J. Davis.(Written Opinion). Signed by Chief Judge Michael J. Davis on 12/28/12. (GRR)
December 30, 2012
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ORDER as to Gerald Joseph Durand. Briefing schedule for motion for new trial.(Written Opinion). Signed by Chief Judge Michael J. Davis on 12/30/12. (cfd)
December 30, 2012
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ORDER as to Jason Bo-Alan Beckman. Briefing schedule on motion for new trial.(Written Opinion). Signed by Chief Judge Michael J. Davis on 12/30/12. (cfd)
February 7, 2013
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ORDER as to Patrick Joseph Kiley (3). IT IS HEREBY ORDERED that the government's motion for reconsideration 417 is GRANTED. The Order dated January 18, 2013 413 is hereby amended as follows: Dr. David Brings shall replace Dr. Peter Marston to conduct a psychological examination of the Defendant. Accordingly, Dr. Brings shall submit a report to the Court within sixty days of the date of this Order, and shall specifically address the Defendant's anxiety, depression and his inability to communicate and any other information that will assist the Court in assessing the Defendant's psychological state, and the types of treatments necessary to alleviate any psychological conditions. (Written Opinion). Signed by Chief Judge Michael J. Davis on 2/7/13. (GRR). Regenerated NEF to cc: BOP. Modified text on 2/8/2013 (KNK).
June 8, 2017
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MEMORANDUM OPINION AND ORDER as to Patrick Joseph Kiley (3). IT IS HEREBY ORDERED that Petitioner Patrick Joseph Kiley's Motion to Vacate, Set Aside or Correct a Sentence Pursuant to 28 U.S.C. § 2255 554 is DENIED. (Written Opinion). Signed by Judge Michael J. Davis on 6/8/17. (GRR) Civil Case 0:16-cv-00147-MJD closed.
July 12, 2017
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MEMORANDUM OPINION AND ORDER as to Gerald Joseph Durand (2). IT IS HEREBY ORDERED that the Petition to Vacate, Set Aside or Correct a Sentence Pursuant to 28 U.S.C. § 2255 566 is DENIED, and the Motion for Leave to File Amendment to Petition 671 is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Michael J. Davis on 7/12/17. (GRR) Civil Case 0:16-cv-02897-MJD closed. cc: deft on 7/14/2017 (KNK).
February 28, 2018
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MEMORANDUM OPINION AND ORDER as to Jason Bo-Alan Beckman (1). IT IS HEREBY ORDERED that the Petition to Vacate, Set Aside or Correct a Sentence Pursuant to 28 U.S.C. § 2255 571 is DENIED, the Motion for Appointment of Counsel 575 is DENIED, and the Court denies a Certificate of Appealability in this case. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Michael J. Davis on 2/28/2018. (GRR) Civil Case 0:16-cv-03344-MJD closed. cc: deft. (kt)