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15-3091 - USA v. Peithman et al


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15-3091 - USA v. Peithman et al
August 26, 2015
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ORDER APPOINTING COUNSEL - The Federal Public Defender for the District of Nebraska is appointed to represent the defendant in this matter as to defendant Jacie L. Sanne. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
September 1, 2015
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ORDER of Detention pending trial as to defendant Allen E. Peithman, Jr. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
October 22, 2015
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ORDER granting 35 Government's Motion to continue as to defendants Allen E. Peithman Jr. (1), Sharon A. Elder (2), Jacie L. Sanne (3), Cornerstone Plaza (4), and AEP Properties (5). The government's deadline for disclosing Rule 16 discovery is extended to November 6, 2015. The time between today's date and February 9, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because this case remains "unusual and complex," and continues to be exempted from the time restrictions of the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(B)(ii). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 35 Government's Motion to continue as to defendants Allen E. Peithman Jr. (1), Sharon A. Elder (2), Jacie L. Sanne (3), Cornerstone Plaza (4), and AEP Properties (5). The government's deadline for disclosing Rule 16 discovery is extended to November 6, 2015. The time between today's date and February 9, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because this case remains "unusual and complex," and continues to be exempted from the time restrictions of the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(B)(ii). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 35 Government's Motion to continue as to defendants Allen E. Peithman Jr. (1), Sharon A. Elder (2), Jacie L. Sanne (3), Cornerstone Plaza (4), and AEP Properties (5). The government's deadline for disclosing Rule 16 discovery is extended to November 6, 2015. The time between today's date and February 9, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because this case remains "unusual and complex," and continues to be exempted from the time restrictions of the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(B)(ii). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 35 Government's Motion to continue as to defendants Allen E. Peithman Jr. (1), Sharon A. Elder (2), Jacie L. Sanne (3), Cornerstone Plaza (4), and AEP Properties (5). The government's deadline for disclosing Rule 16 discovery is extended to November 6, 2015. The time between today's date and February 9, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because this case remains "unusual and complex," and continues to be exempted from the time restrictions of the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(B)(ii). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 35 Government's Motion to continue as to defendants Allen E. Peithman Jr. (1), Sharon A. Elder (2), Jacie L. Sanne (3), Cornerstone Plaza (4), and AEP Properties (5). The government's deadline for disclosing Rule 16 discovery is extended to November 6, 2015. The time between today's date and February 9, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act, because this case remains "unusual and complex," and continues to be exempted from the time restrictions of the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(B)(ii). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 23, 2015
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ORDER granting 45 Motion to Continue as to all defendants.1) Defendant Elder's unopposed motion to continue the status conference,(Filing No. 45), is granted.2) A status conference will be at 9:00 a.m. on March 1, 2016 before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendants, their counsel, and counsel for the government shall attend the conference. 3) The Court further finds that the time between today's date and March 1, 2016 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 45 Motion to Continue as to all defendants.1) Defendant Elder's unopposed motion to continue the status conference,(Filing No. 45), is granted.2) A status conference will be at 9:00 a.m. on March 1, 2016 before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendants, their counsel, and counsel for the government shall attend the conference. 3) The Court further finds that the time between today's date and March 1, 2016 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 45 Motion to Continue as to all defendants.1) Defendant Elder's unopposed motion to continue the status conference,(Filing No. 45), is granted.2) A status conference will be at 9:00 a.m. on March 1, 2016 before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendants, their counsel, and counsel for the government shall attend the conference. 3) The Court further finds that the time between today's date and March 1, 2016 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 45 Motion to Continue as to all defendants.1) Defendant Elder's unopposed motion to continue the status conference,(Filing No. 45), is granted.2) A status conference will be at 9:00 a.m. on March 1, 2016 before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendants, their counsel, and counsel for the government shall attend the conference. 3) The Court further finds that the time between today's date and March 1, 2016 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 45 Motion to Continue as to all defendants.1) Defendant Elder's unopposed motion to continue the status conference,(Filing No. 45), is granted.2) A status conference will be at 9:00 a.m. on March 1, 2016 before the undersigned magistrate judge in Courtroom 2, United States Courthouse and Federal Building, 100 Centennial Mall North, Lincoln, Nebraska. The defendants, their counsel, and counsel for the government shall attend the conference. 3) The Court further finds that the time between today's date and March 1, 2016 shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 24, 2015
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ORDER - The motions of attorney Chad Wythers to withdraw as counsel of record for defendants Allen E. Peithman, Jr. and AEP Properties, (filing nos. 51 and 52), are granted. Defendants' newly retained counsel shall promptly notify the defendants of the entry of this order. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER - The motions of attorney Chad Wythers to withdraw as counsel of record for defendants Allen E. Peithman, Jr. and AEP Properties, (filing nos. 51 and 52), are granted. Defendants' newly retained counsel shall promptly notify the defendants of the entry of this order. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
December 7, 2015
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ORDER granting 54 and 55, attorney Robert Creager's motions to withdraw as counsel of record for defendants Sharon A. Elder and Cornerstone Plaza. Defendant's newly retained counsel, Joseph C. Patituce, shall promptly notify the defendant of the entry of this order. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 54 and 55, attorney Robert Creager's motions to withdraw as counsel of record for defendants Sharon A. Elder and Cornerstone Plaza. Defendant's newly retained counsel, Joseph C. Patituce, shall promptly notify the defendant of the entry of this order. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
December 21, 2015
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ORDER denying 57 Motion for Reconsideration as to Allen E. Peithman Jr. (1). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
January 7, 2016
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ORDER granting 59 Motion to Extend deadline as to all defendants. 1) Defendant Elder's motion to continue, (filing no. 59), is granted.2) As to all defendants, pretrial motions and briefs shall be filed on or before February 8, 2016.3) As to all defendants, the time between today's date and February 8, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 59 Motion to Extend deadline as to all defendants. 1) Defendant Elder's motion to continue, (filing no. 59), is granted.2) As to all defendants, pretrial motions and briefs shall be filed on or before February 8, 2016.3) As to all defendants, the time between today's date and February 8, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 59 Motion to Extend deadline as to all defendants. 1) Defendant Elder's motion to continue, (filing no. 59), is granted.2) As to all defendants, pretrial motions and briefs shall be filed on or before February 8, 2016.3) As to all defendants, the time between today's date and February 8, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 59 Motion to Extend deadline as to all defendants. 1) Defendant Elder's motion to continue, (filing no. 59), is granted.2) As to all defendants, pretrial motions and briefs shall be filed on or before February 8, 2016.3) As to all defendants, the time between today's date and February 8, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER granting 59 Motion to Extend deadline as to all defendants. 1) Defendant Elder's motion to continue, (filing no. 59), is granted.2) As to all defendants, pretrial motions and briefs shall be filed on or before February 8, 2016.3) As to all defendants, the time between today's date and February 8, 2016, shall be deemed excludable time in any computation of time under the requirements of the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
June 7, 2016
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MEMORANDUM AND ORDER denying 89 defendant's Motion to Sever as to defendant Sharon A. Elder (2). The trial of this case remains set to commence before the Honorable Richard G. Kopf, Senior United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on August 1, 2016. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 12, 2016
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MEMORANDUM AND ORDER as to defendant Sharon A. Elder (2). The appeal (filing no. 96) is sustained and Judge Zwart's Memorandum and Order (filing no. 93) is vacated. This matter is remanded to Judge Zwart for further consideration of Elder's motion for severance. I also suggest that Judge Zwart may wish to order the production, for in camera inspection under Federal Rule of Criminal Procedure 14(b), any statements of the other defendants that also implicate Elder and which may be offered by the government at the time of trial. Ordered by Senior Judge Richard G. Kopf. (GJG)
July 18, 2016
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Jacie L. Sanne. It is ordered that:... (2)The government's objection to paragraph 113 of the presentence investigation report will be resolved at sentencing.(3)Except to the extent (if at all) that I have sustained an objection or granted a motion or reserved an issue for later resolution in the preceding paragraph, the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects. ETC. Ordered by Senior Judge Richard G. Kopf. (KLL, )
July 28, 2016
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ORDER as to defendants Allen E. Peithman Jr., Sharon A. Elder, Jacie L. Sanne, Cornerstone Plaza, and AEP Properties.1) Defendant Peithman's motion to continue, (filing no. 126), is granted.2) As to all defendants, pretrial motions and briefs shall be filed on or before August 1, 2016.3) As to all defendants, trial of this case remains scheduled to commence on October 24, 2016. 4) As to all defendants the time between today's date and October 25, 2016, remains excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER as to defendants Allen E. Peithman Jr., Sharon A. Elder, Jacie L. Sanne, Cornerstone Plaza, and AEP Properties.1) Defendant Peithman's motion to continue, (filing no. 126), is granted.2) As to all defendants, pretrial motions and briefs shall be filed on or before August 1, 2016.3) As to all defendants, trial of this case remains scheduled to commence on October 24, 2016. 4) As to all defendants the time between today's date and October 25, 2016, remains excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER as to defendants Allen E. Peithman Jr., Sharon A. Elder, Jacie L. Sanne, Cornerstone Plaza, and AEP Properties.1) Defendant Peithman's motion to continue, (filing no. 126), is granted.2) As to all defendants, pretrial motions and briefs shall be filed on or before August 1, 2016.3) As to all defendants, trial of this case remains scheduled to commence on October 24, 2016. 4) As to all defendants the time between today's date and October 25, 2016, remains excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER as to defendants Allen E. Peithman Jr., Sharon A. Elder, Jacie L. Sanne, Cornerstone Plaza, and AEP Properties.1) Defendant Peithman's motion to continue, (filing no. 126), is granted.2) As to all defendants, pretrial motions and briefs shall be filed on or before August 1, 2016.3) As to all defendants, trial of this case remains scheduled to commence on October 24, 2016. 4) As to all defendants the time between today's date and October 25, 2016, remains excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)ORDER as to defendants Allen E. Peithman Jr., Sharon A. Elder, Jacie L. Sanne, Cornerstone Plaza, and AEP Properties.1) Defendant Peithman's motion to continue, (filing no. 126), is granted.2) As to all defendants, pretrial motions and briefs shall be filed on or before August 1, 2016.3) As to all defendants, trial of this case remains scheduled to commence on October 24, 2016. 4) As to all defendants the time between today's date and October 25, 2016, remains excludable time in any computation of time under the requirements of the Speedy Trial Act. Failing to timely file an objection to this order as provided in the local rules of this court will be deemed a waiver of any right to later claim the time should not have been excluded under the Speedy Trial Act. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
July 28, 2016
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MEMORANDUM AND ORDER denying 105 Defendant's Motion for deposition as to Sharon A. Elder (2). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)MEMORANDUM AND ORDER denying 105 Defendant's Motion for deposition as to Sharon A. Elder (2). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)MEMORANDUM AND ORDER denying 105 Defendant's Motion for deposition as to Sharon A. Elder (2). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)MEMORANDUM AND ORDER denying 105 Defendant's Motion for deposition as to Sharon A. Elder (2). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)MEMORANDUM AND ORDER denying 105 Defendant's Motion for deposition as to Sharon A. Elder (2). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
August 5, 2016
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ORDER denying without prejudice to its refiling following Magistrate Judge Zwart's response to this court's order dated July 12, 2016 99, which directed the Magistrate Judge to further consider Defendant's motion for severance as to Sharon A. Elder (2). Ordered by Senior Judge Richard G. Kopf. ( MKR)
August 8, 2016
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ORDER FOR PRODUCTION that on or before August 18, 2016, counsel for the Government shall submit to the court, for in camera review: All evidence of statements which the government intends to use at trial that were made by a codefendant being tried and may implicate Defendant Elder. A list of all exhibits and evidence which the government intends to offer at the trial of Elder's codefendants that will be inadmissible against Elder, with a brief description of the nature of the evidence as to defendant Sharon A. Elder. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
August 12, 2016
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FINDINGS AND RECOMMENDATION and Order as to defendant Sharon A. Elder. IT THEREFORE HEREBY IS RECOMMENDED to the Honorable Richard G. Kopf, Senior United States District Judge, pursuant to 28 U.S.C. § 636(b), that as to Defendant Elders Fourth Amendment claims (challenging the search of Island Smokes pursuant to the warrant issued on April 23, 2015; see Filing No.114), Defendant Elders motion to suppress, (Filing No. 112), should be denied. The defendant is notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation. IT IS ORDERED that as to the Fifth Amendment claims raised in Defendant Elder's motion to suppress, (Filing No. 112): An evidentiary hearing will be held before the undersigned magistrate judge on August 29, 2016, at 2:00 p.m. in Courtroom #2, United States Courthouse, Lincoln, Nebraska. Two hours have been set aside for this hearing. The defendant, defense counsel, and counsel for the government shall be present at this hearing. Pursuant to NECrimR 12.5, copies of all exhibits expected to be offered into evidence during the hearing, except those to be used for impeachment only, shall be delivered to the chambers of the undersigned at least twenty-four (24) hours before the hearing and, at the outset of the hearing, to the extent reasonably possible, the parties shall provide the undersigned and the courtroom deputy with a written list of all witnesses the parties expect to call. As to all defendants, trial of this case is continued pending the resolution of pretrial motions. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
August 26, 2016
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ORDER granting 137 Government's Motion to Continue hearing regarding MOTION to Suppress 112 as to defendant Sharon A. Elder (2). Motion Hearing continued to 8/30/2016 at 02:15 PM in Courtroom 2, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Magistrate Judge Cheryl R. Zwart. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
September 7, 2016
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MEMORANDUM AND ORDER as to defendant Sharon A. Elder (2). The Magistrate Judge's findings and recommendation (Filing No. 133 ) are adopted. Defendant's motion to suppress (Filing No. 112) is denied insofar as Defendant's Fourth Amendment claim is concerned. Ordered by Senior Judge Richard G. Kopf. (GJG)
September 15, 2016
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MEMORANDUM AND ORDER - Defendant Elder's motion to sever, (Filing No. 89), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)MEMORANDUM AND ORDER - Defendant Elder's motion to sever, (Filing No. 89), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)MEMORANDUM AND ORDER - Defendant Elder's motion to sever, (Filing No. 89), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)MEMORANDUM AND ORDER - Defendant Elder's motion to sever, (Filing No. 89), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)MEMORANDUM AND ORDER - Defendant Elder's motion to sever, (Filing No. 89), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)
October 31, 2016
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FINDINGS AND RECOMMENDATION to the Honorable Richard G. Kopf, Senior United States District Judge, pursuant to 28 U.S.C. § 636(b), that the motion to suppress filed by the defendant (Filing No. 112) be denied in its entirety as to defendant Sharon A. Elder. - -The defendant is notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to appeal the court's adoption of the recommendation.- - The jury trial of this case is set to commence before Richard G. Kopf, Senior United States District Judge, in Courtroom 1, United States Courthouse, Lincoln, Nebraska, at 9:00 a.m. on November 28, 2016 or as soon thereafter as the case may be called, for a duration of ten (10) trial days. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 4, 2016
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ORDER denying 155 Defendant's Motion for Reconsideration of detention as to Allen E. Peithman Jr. (1). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 10, 2016
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ORDER as to defendant Allen E. Peithman Jr. (1). Defendant's appeal of magistrate judge's denial of defendant on pre-trial release (filing no. 157) is denied. Ordered by Senior Judge Richard G. Kopf. (GJG)
November 14, 2016
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ORDER that the motion to modify is granted and the no contact provision of the bond will be modified to permit contact between the Defendants in the presence of both their counsel. In all other respects, the bond shall remain in full force and effect as to defendant Sharon A. Elder. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
November 18, 2016
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MEMORANDUM AND ORDER as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza and AEP Properties. The trial of this case is rescheduled to commence on Monday, March 6, 2017, for 15 days, and ending, with submission to the jury, no later than Friday, March 24, 2017, before the undersigned Senior United States District Judge, in Courtroom No. 1, at the Robert V. Denney Federal Building and U.S. Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. Since this is a criminal case, the defendants shall be present unless excused by the court. The time between today's date and the new trial date is excluded under the Speedy Trial Act and in the interest of justice. 18 U.S.C. § 3161(h)(7)(A)&(B). This case will be the number one case set for trial on March 6, 2017, and take precedence over all other trials during the ensuing 15 days. Ordered by Senior Judge Richard G. Kopf. (GJG)MEMORANDUM AND ORDER as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza and AEP Properties. The trial of this case is rescheduled to commence on Monday, March 6, 2017, for 15 days, and ending, with submission to the jury, no later than Friday, March 24, 2017, before the undersigned Senior United States District Judge, in Courtroom No. 1, at the Robert V. Denney Federal Building and U.S. Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. Since this is a criminal case, the defendants shall be present unless excused by the court. The time between today's date and the new trial date is excluded under the Speedy Trial Act and in the interest of justice. 18 U.S.C. § 3161(h)(7)(A)&(B). This case will be the number one case set for trial on March 6, 2017, and take precedence over all other trials during the ensuing 15 days. Ordered by Senior Judge Richard G. Kopf. (GJG)MEMORANDUM AND ORDER as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza and AEP Properties. The trial of this case is rescheduled to commence on Monday, March 6, 2017, for 15 days, and ending, with submission to the jury, no later than Friday, March 24, 2017, before the undersigned Senior United States District Judge, in Courtroom No. 1, at the Robert V. Denney Federal Building and U.S. Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. Since this is a criminal case, the defendants shall be present unless excused by the court. The time between today's date and the new trial date is excluded under the Speedy Trial Act and in the interest of justice. 18 U.S.C. § 3161(h)(7)(A)&(B). This case will be the number one case set for trial on March 6, 2017, and take precedence over all other trials during the ensuing 15 days. Ordered by Senior Judge Richard G. Kopf. (GJG)MEMORANDUM AND ORDER as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza and AEP Properties. The trial of this case is rescheduled to commence on Monday, March 6, 2017, for 15 days, and ending, with submission to the jury, no later than Friday, March 24, 2017, before the undersigned Senior United States District Judge, in Courtroom No. 1, at the Robert V. Denney Federal Building and U.S. Courthouse, 100 Centennial Mall North, Lincoln, Nebraska. Since this is a criminal case, the defendants shall be present unless excused by the court. The time between today's date and the new trial date is excluded under the Speedy Trial Act and in the interest of justice. 18 U.S.C. § 3161(h)(7)(A)&(B). This case will be the number one case set for trial on March 6, 2017, and take precedence over all other trials during the ensuing 15 days. Ordered by Senior Judge Richard G. Kopf. (GJG)
November 28, 2016
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MEMORANDUM AND ORDER as to defendant Sharon A. Elder (2). The Magistrate Judge's Findings and Recommendation (Filing 154 ) is adopted. Defendant's motion to suppress (Filing 112 ) is denied insofar as Defendant's Fifth Amendment claim is concerned. Ordered by Senior Judge Richard G. Kopf. (GJG)
February 7, 2017
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MEMORANDUM AND ORDER - Plaintiff's motions in limine (Filing Nos. 102, 168 ) are granted. At no time during the trial of this matter shall the defendants or their counsel mention, present evidence, or question witnesses regarding the defenses of public authority or entrapment by estoppel without first obtaining permission of the court, outside the presence of the jury. Defendant's motion in limine (Filing No. 110) is denied in all respects. Ordered by Senior Judge Richard G. Kopf. (GJG)MEMORANDUM AND ORDER - Plaintiff's motions in limine (Filing Nos. 102, 168 ) are granted. At no time during the trial of this matter shall the defendants or their counsel mention, present evidence, or question witnesses regarding the defenses of public authority or entrapment by estoppel without first obtaining permission of the court, outside the presence of the jury. Defendant's motion in limine (Filing No. 110) is denied in all respects. Ordered by Senior Judge Richard G. Kopf. (GJG)MEMORANDUM AND ORDER - Plaintiff's motions in limine (Filing Nos. 102, 168 ) are granted. At no time during the trial of this matter shall the defendants or their counsel mention, present evidence, or question witnesses regarding the defenses of public authority or entrapment by estoppel without first obtaining permission of the court, outside the presence of the jury. Defendant's motion in limine (Filing No. 110) is denied in all respects. Ordered by Senior Judge Richard G. Kopf. (GJG)MEMORANDUM AND ORDER - Plaintiff's motions in limine (Filing Nos. 102, 168 ) are granted. At no time during the trial of this matter shall the defendants or their counsel mention, present evidence, or question witnesses regarding the defenses of public authority or entrapment by estoppel without first obtaining permission of the court, outside the presence of the jury. Defendant's motion in limine (Filing No. 110) is denied in all respects. Ordered by Senior Judge Richard G. Kopf. (GJG)MEMORANDUM AND ORDER - Plaintiff's motions in limine (Filing Nos. 102, 168 ) are granted. At no time during the trial of this matter shall the defendants or their counsel mention, present evidence, or question witnesses regarding the defenses of public authority or entrapment by estoppel without first obtaining permission of the court, outside the presence of the jury. Defendant's motion in limine (Filing No. 110) is denied in all respects. Ordered by Senior Judge Richard G. Kopf. (GJG)
February 28, 2017
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MEMORANDUM AND ORDER as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Jacie L. Sanne, Cornerstone Plaza, AEP Properties. Judge Kopf and counsel of record shall meet on Thursday, March 2, 2017, at 11:15 a.m. in Judge Kopf's chambers, during which counsel shall be prepared to discuss: 1. Whether there are any objections to providing jurors with copies of the indictment. 2. Forfeiture proceedings and possible stipulations regarding the same. 3. Any other issues that may require the courts attention prior to trial. Ordered by Senior Judge Richard G. Kopf. (GJG)MEMORANDUM AND ORDER as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Jacie L. Sanne, Cornerstone Plaza, AEP Properties. Judge Kopf and counsel of record shall meet on Thursday, March 2, 2017, at 11:15 a.m. in Judge Kopf's chambers, during which counsel shall be prepared to discuss: 1. Whether there are any objections to providing jurors with copies of the indictment. 2. Forfeiture proceedings and possible stipulations regarding the same. 3. Any other issues that may require the courts attention prior to trial. Ordered by Senior Judge Richard G. Kopf. (GJG)MEMORANDUM AND ORDER as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Jacie L. Sanne, Cornerstone Plaza, AEP Properties. Judge Kopf and counsel of record shall meet on Thursday, March 2, 2017, at 11:15 a.m. in Judge Kopf's chambers, during which counsel shall be prepared to discuss: 1. Whether there are any objections to providing jurors with copies of the indictment. 2. Forfeiture proceedings and possible stipulations regarding the same. 3. Any other issues that may require the courts attention prior to trial. Ordered by Senior Judge Richard G. Kopf. (GJG)MEMORANDUM AND ORDER as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Jacie L. Sanne, Cornerstone Plaza, AEP Properties. Judge Kopf and counsel of record shall meet on Thursday, March 2, 2017, at 11:15 a.m. in Judge Kopf's chambers, during which counsel shall be prepared to discuss: 1. Whether there are any objections to providing jurors with copies of the indictment. 2. Forfeiture proceedings and possible stipulations regarding the same. 3. Any other issues that may require the courts attention prior to trial. Ordered by Senior Judge Richard G. Kopf. (GJG)MEMORANDUM AND ORDER as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Jacie L. Sanne, Cornerstone Plaza, AEP Properties. Judge Kopf and counsel of record shall meet on Thursday, March 2, 2017, at 11:15 a.m. in Judge Kopf's chambers, during which counsel shall be prepared to discuss: 1. Whether there are any objections to providing jurors with copies of the indictment. 2. Forfeiture proceedings and possible stipulations regarding the same. 3. Any other issues that may require the courts attention prior to trial. Ordered by Senior Judge Richard G. Kopf. (GJG)
March 2, 2017
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MEMORANDUM AND ORDER regarding various trial matters discussed at 3/2/17 meeting as to as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza, AEP Properties. Ordered by Senior Judge Richard G. Kopf. (CCB)MEMORANDUM AND ORDER regarding various trial matters discussed at 3/2/17 meeting as to as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza, AEP Properties. Ordered by Senior Judge Richard G. Kopf. (CCB)MEMORANDUM AND ORDER regarding various trial matters discussed at 3/2/17 meeting as to as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza, AEP Properties. Ordered by Senior Judge Richard G. Kopf. (CCB)MEMORANDUM AND ORDER regarding various trial matters discussed at 3/2/17 meeting as to as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza, AEP Properties. Ordered by Senior Judge Richard G. Kopf. (CCB)
March 30, 2017
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MEMORANDUM AND ORDER as to defendant Allen E. Peithman, Jr. On or before April 14, 2017, the government and Mr. Peithman shall file briefs discussing the matters set out above. Reply briefs may be filed on or before April 21, 2017. Ordered by Senior Judge Richard G. Kopf. (GJG)
April 5, 2017
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PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Preliminary Order of Forfeiture 294 is hereby sustained as to defendants Allen E. Peithman Jr. (1), Sharon A. Elder (2), Cornerstone Plaza (4), AEP Properties (5). Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n), 18 U.S.C. §§ 981(a)(1)(C) and 982(a)(1), 21 U.S.C. §§ 853(a)(1) and (a)(2), 28 U.S.C. § 2461(c) and 31 U.S.C. § 5317(c), in which all interests will be addressed. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM)(GJG)PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Preliminary Order of Forfeiture 294 is hereby sustained as to defendants Allen E. Peithman Jr. (1), Sharon A. Elder (2), Cornerstone Plaza (4), AEP Properties (5). Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n), 18 U.S.C. §§ 981(a)(1)(C) and 982(a)(1), 21 U.S.C. §§ 853(a)(1) and (a)(2), 28 U.S.C. § 2461(c) and 31 U.S.C. § 5317(c), in which all interests will be addressed. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM)(GJG)PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Preliminary Order of Forfeiture 294 is hereby sustained as to defendants Allen E. Peithman Jr. (1), Sharon A. Elder (2), Cornerstone Plaza (4), AEP Properties (5). Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n), 18 U.S.C. §§ 981(a)(1)(C) and 982(a)(1), 21 U.S.C. §§ 853(a)(1) and (a)(2), 28 U.S.C. § 2461(c) and 31 U.S.C. § 5317(c), in which all interests will be addressed. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM)(GJG)PRELIMINARY ORDER OF FORFEITURE - The United States' Motion for Preliminary Order of Forfeiture 294 is hereby sustained as to defendants Allen E. Peithman Jr. (1), Sharon A. Elder (2), Cornerstone Plaza (4), AEP Properties (5). Upon adjudication of all third-party interests, this Court will enter a Final Order of Forfeiture pursuant to 21 U.S.C. § 853(n), 18 U.S.C. §§ 981(a)(1)(C) and 982(a)(1), 21 U.S.C. §§ 853(a)(1) and (a)(2), 28 U.S.C. § 2461(c) and 31 U.S.C. § 5317(c), in which all interests will be addressed. Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM)(GJG)
April 6, 2017
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ORDER that the government shall file a response to the defendant's motion on or before April 17, 2017. This matter will be taken up at the evidentiary hearing set on April 24, 2017, at 1:00 p.m. as to defendant Allen E. Peithman, Jr.. Ordered by Senior Judge Richard G. Kopf. (LAC)
April 10, 2017
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ORDER as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza, AEP Properties. Defendant Allen E. Peithman, Jr. has filed a motion for release of attorney fees and notice of attorney's lien (filing no. 307 ). IT IS ORDERED that the government may file a response to the defendant's motion on or before April 17, 2017. This matter will be taken up at the evidentiary hearing set on April 24, 2017, at 1:00 p.m. Ordered by Senior Judge Richard G. Kopf. (GJG)ORDER as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza, AEP Properties. Defendant Allen E. Peithman, Jr. has filed a motion for release of attorney fees and notice of attorney's lien (filing no. 307 ). IT IS ORDERED that the government may file a response to the defendant's motion on or before April 17, 2017. This matter will be taken up at the evidentiary hearing set on April 24, 2017, at 1:00 p.m. Ordered by Senior Judge Richard G. Kopf. (GJG)ORDER as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza, AEP Properties. Defendant Allen E. Peithman, Jr. has filed a motion for release of attorney fees and notice of attorney's lien (filing no. 307 ). IT IS ORDERED that the government may file a response to the defendant's motion on or before April 17, 2017. This matter will be taken up at the evidentiary hearing set on April 24, 2017, at 1:00 p.m. Ordered by Senior Judge Richard G. Kopf. (GJG)ORDER as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza, AEP Properties. Defendant Allen E. Peithman, Jr. has filed a motion for release of attorney fees and notice of attorney's lien (filing no. 307 ). IT IS ORDERED that the government may file a response to the defendant's motion on or before April 17, 2017. This matter will be taken up at the evidentiary hearing set on April 24, 2017, at 1:00 p.m. Ordered by Senior Judge Richard G. Kopf. (GJG)
April 12, 2017
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JUDGMENT as to defendant Jacie L. Sanne. Defendant pleaded guilty to Count V of the Indictment and is sentenced to Probation for a term of 3 years with special conditions and pay $100 Special Assessment. Counts I, VIII, and X are dismissed on the motion of the United States. Ordered by Senior Judge Richard G. Kopf. (4 Certified copies to USM) (CS)
April 24, 2017
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MEMORANDUM AND ORDER that that conviction of Mr. Peithman regarding Count 14 in case 4:15CR3091 is vacated. Regarding case 4:13CR3010, Mr. Peithman shall show good and sufficient cause on or before May 8, 2017, why Mr. Peithman should not be found to have violated his conditions of supervised release as proven beyond a reasonable doubt to a jury by the remaining convictions of Mr. Peithman in 4:15CR3091. Failing such cause being shown in 4:13CR3010, it would be the intention of the undersigned to sentence Mr. Peithman on the supervised release violation at the same date and time set for sentencing in 4:15CR3091 (presently June 20, 2017). My chambers shall provide the U.S. Probation Officer preparing the presentence report in 4:15CR3091 (Mr. Nelson) with a copy of this Memorandum and Order. My chambers shall provide the U.S. Probation Officer supervising Mr. Peithman in 4:13CR3010 (Ms. Gallagher) with a copy of this Memorandum and Order as to defendant Allen E. Peithman, Jr.. Ordered by Senior Judge Richard G. Kopf. (LAC)
April 24, 2017
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ORDER that the motions for new trial (filing nos. 321 and 322) are set for a one-hour evidentiary hearing on Wednesday, May 17, 2017, at 12:00 noon. The motion to compel access to mitigation evidence (filing no. 330) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (LAC)ORDER that the motions for new trial (filing nos. 321 and 322) are set for a one-hour evidentiary hearing on Wednesday, May 17, 2017, at 12:00 noon. The motion to compel access to mitigation evidence (filing no. 330) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (LAC)ORDER that the motions for new trial (filing nos. 321 and 322) are set for a one-hour evidentiary hearing on Wednesday, May 17, 2017, at 12:00 noon. The motion to compel access to mitigation evidence (filing no. 330) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (LAC)ORDER that the motions for new trial (filing nos. 321 and 322) are set for a one-hour evidentiary hearing on Wednesday, May 17, 2017, at 12:00 noon. The motion to compel access to mitigation evidence (filing no. 330) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (LAC)ORDER that the motions for new trial (filing nos. 321 and 322) are set for a one-hour evidentiary hearing on Wednesday, May 17, 2017, at 12:00 noon. The motion to compel access to mitigation evidence (filing no. 330) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (LAC)
April 26, 2017
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ORDER that it is my intention to grant the motion to withdraw (filing no. 336) but only after (1) the entry of appearance of a substitute lawyer and (2) the filing of a written consent signed by Ms. Elder on behalf of herself and Cornerstone. Ordered by Senior Judge Richard G. Kopf. (LAC)ORDER that it is my intention to grant the motion to withdraw (filing no. 336) but only after (1) the entry of appearance of a substitute lawyer and (2) the filing of a written consent signed by Ms. Elder on behalf of herself and Cornerstone. Ordered by Senior Judge Richard G. Kopf. (LAC)
May 1, 2017
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ORDER that Richard L. Boucher's and Boucher Law Firm's motion to withdraw as counsel (filing no. 336) is granted as to defendants Sharon A. Elder and Cornerstone Plaza, Inc. Ordered by Senior Judge Richard G. Kopf. (LAC)ORDER that Richard L. Boucher's and Boucher Law Firm's motion to withdraw as counsel (filing no. 336) is granted as to defendants Sharon A. Elder and Cornerstone Plaza, Inc. Ordered by Senior Judge Richard G. Kopf. (LAC)
May 1, 2017
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MEMORANDUM AND ORDER The motions related to these matters appearing at filing no. 307, filing no. 322, filing no. 323, filing no. 326, filing no. 329, and filing no. 331 are denied except as provided below. At the time of sentencing, a money judgment will be entered against the defendants, jointly and severally, and in favor of the United States for the total sum of $1,142,942.32. The undersigned reserves the right to alter or amend said sum prior to or at sentencing. The defendants may challenge the money judgment set forth in paragraph 2, but only to the extent of attacking the factual accuracy of Exhibits 68, 68A, 69, and 69A received in evidence on April 24, 2017, or attacking the statutory basis for said judgment as more particularly described in this Memorandum and Order. Any such challenge shall be raised by motion and brief submitted no later than Thursday, June 1, 2017. The money judgment described in paragraph 2 above and this Memorandum and Order shall be construed as a preliminary order of forfeiture to the extent of the money judgement. The United States shall give such notice as required by law. The government shall return the following property subject to the conditions hereinafter imposed. Ordered by Senior Judge Richard G. Kopf. (Copy to USM and Finance)(LAC)MEMORANDUM AND ORDER The motions related to these matters appearing at filing no. 307, filing no. 322, filing no. 323, filing no. 326, filing no. 329, and filing no. 331 are denied except as provided below. At the time of sentencing, a money judgment will be entered against the defendants, jointly and severally, and in favor of the United States for the total sum of $1,142,942.32. The undersigned reserves the right to alter or amend said sum prior to or at sentencing. The defendants may challenge the money judgment set forth in paragraph 2, but only to the extent of attacking the factual accuracy of Exhibits 68, 68A, 69, and 69A received in evidence on April 24, 2017, or attacking the statutory basis for said judgment as more particularly described in this Memorandum and Order. Any such challenge shall be raised by motion and brief submitted no later than Thursday, June 1, 2017. The money judgment described in paragraph 2 above and this Memorandum and Order shall be construed as a preliminary order of forfeiture to the extent of the money judgement. The United States shall give such notice as required by law. The government shall return the following property subject to the conditions hereinafter imposed. Ordered by Senior Judge Richard G. Kopf. (Copy to USM and Finance)(LAC)MEMORANDUM AND ORDER The motions related to these matters appearing at filing no. 307, filing no. 322, filing no. 323, filing no. 326, filing no. 329, and filing no. 331 are denied except as provided below. At the time of sentencing, a money judgment will be entered against the defendants, jointly and severally, and in favor of the United States for the total sum of $1,142,942.32. The undersigned reserves the right to alter or amend said sum prior to or at sentencing. The defendants may challenge the money judgment set forth in paragraph 2, but only to the extent of attacking the factual accuracy of Exhibits 68, 68A, 69, and 69A received in evidence on April 24, 2017, or attacking the statutory basis for said judgment as more particularly described in this Memorandum and Order. Any such challenge shall be raised by motion and brief submitted no later than Thursday, June 1, 2017. The money judgment described in paragraph 2 above and this Memorandum and Order shall be construed as a preliminary order of forfeiture to the extent of the money judgement. The United States shall give such notice as required by law. The government shall return the following property subject to the conditions hereinafter imposed. Ordered by Senior Judge Richard G. Kopf. (Copy to USM and Finance)(LAC)MEMORANDUM AND ORDER The motions related to these matters appearing at filing no. 307, filing no. 322, filing no. 323, filing no. 326, filing no. 329, and filing no. 331 are denied except as provided below. At the time of sentencing, a money judgment will be entered against the defendants, jointly and severally, and in favor of the United States for the total sum of $1,142,942.32. The undersigned reserves the right to alter or amend said sum prior to or at sentencing. The defendants may challenge the money judgment set forth in paragraph 2, but only to the extent of attacking the factual accuracy of Exhibits 68, 68A, 69, and 69A received in evidence on April 24, 2017, or attacking the statutory basis for said judgment as more particularly described in this Memorandum and Order. Any such challenge shall be raised by motion and brief submitted no later than Thursday, June 1, 2017. The money judgment described in paragraph 2 above and this Memorandum and Order shall be construed as a preliminary order of forfeiture to the extent of the money judgement. The United States shall give such notice as required by law. The government shall return the following property subject to the conditions hereinafter imposed. Ordered by Senior Judge Richard G. Kopf. (Copy to USM and Finance)(LAC)MEMORANDUM AND ORDER The motions related to these matters appearing at filing no. 307, filing no. 322, filing no. 323, filing no. 326, filing no. 329, and filing no. 331 are denied except as provided below. At the time of sentencing, a money judgment will be entered against the defendants, jointly and severally, and in favor of the United States for the total sum of $1,142,942.32. The undersigned reserves the right to alter or amend said sum prior to or at sentencing. The defendants may challenge the money judgment set forth in paragraph 2, but only to the extent of attacking the factual accuracy of Exhibits 68, 68A, 69, and 69A received in evidence on April 24, 2017, or attacking the statutory basis for said judgment as more particularly described in this Memorandum and Order. Any such challenge shall be raised by motion and brief submitted no later than Thursday, June 1, 2017. The money judgment described in paragraph 2 above and this Memorandum and Order shall be construed as a preliminary order of forfeiture to the extent of the money judgement. The United States shall give such notice as required by law. The government shall return the following property subject to the conditions hereinafter imposed. Ordered by Senior Judge Richard G. Kopf. (Copy to USM and Finance)(LAC)
May 2, 2017
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ORDER that the motion for return of property (filing no. 297) is denied except as provided for in my Memorandum and Order dated May 1, 2017 (filing no. 348) as to Allen E. Peithman Jr. and AEP Properties. Ordered by Senior Judge Richard G. Kopf. (LAC)ORDER that the motion for return of property (filing no. 297) is denied except as provided for in my Memorandum and Order dated May 1, 2017 (filing no. 348) as to Allen E. Peithman Jr. and AEP Properties. Ordered by Senior Judge Richard G. Kopf. (LAC)
May 8, 2017
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MEMORANDUM AND ORDER that the citations to the most recent edition of Stefan D. Cassella's Asset Forfeiture Law in the United States are as follows: A. At *2, the quotation and reference to pp. 579-80 of the treatise should be to Section 19-4(c), pp. 691-92. B. The reference to p. 588 & n.63 also at *2 should be to Section 19-4(c), p. 698 n.62. C. The reference to p. 579 & n.30 at *3 should be to Section 22-3(b) at p. 767 & n.32. My chambers shall provide a copy of this Order to West Publishing. Ordered by Senior Judge Richard G. Kopf. (LAC)MEMORANDUM AND ORDER that the citations to the most recent edition of Stefan D. Cassella's Asset Forfeiture Law in the United States are as follows: A. At *2, the quotation and reference to pp. 579-80 of the treatise should be to Section 19-4(c), pp. 691-92. B. The reference to p. 588 & n.63 also at *2 should be to Section 19-4(c), p. 698 n.62. C. The reference to p. 579 & n.30 at *3 should be to Section 22-3(b) at p. 767 & n.32. My chambers shall provide a copy of this Order to West Publishing. Ordered by Senior Judge Richard G. Kopf. (LAC)MEMORANDUM AND ORDER that the citations to the most recent edition of Stefan D. Cassella's Asset Forfeiture Law in the United States are as follows: A. At *2, the quotation and reference to pp. 579-80 of the treatise should be to Section 19-4(c), pp. 691-92. B. The reference to p. 588 & n.63 also at *2 should be to Section 19-4(c), p. 698 n.62. C. The reference to p. 579 & n.30 at *3 should be to Section 22-3(b) at p. 767 & n.32. My chambers shall provide a copy of this Order to West Publishing. Ordered by Senior Judge Richard G. Kopf. (LAC)MEMORANDUM AND ORDER that the citations to the most recent edition of Stefan D. Cassella's Asset Forfeiture Law in the United States are as follows: A. At *2, the quotation and reference to pp. 579-80 of the treatise should be to Section 19-4(c), pp. 691-92. B. The reference to p. 588 & n.63 also at *2 should be to Section 19-4(c), p. 698 n.62. C. The reference to p. 579 & n.30 at *3 should be to Section 22-3(b) at p. 767 & n.32. My chambers shall provide a copy of this Order to West Publishing. Ordered by Senior Judge Richard G. Kopf. (LAC)
July 19, 2017
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Allen E. Peithman, Jr. There are no objections or motions for departure or variance filed by the defendant in the court file, although he did set forth objections in the addendum to which the probation officer fully responded. Unless the defendant shows sufficient cause at the time of sentencing for the failure to file objections as required by the local rules, I will consider the objections set forth in the addendum as waived and the government will be relieved of the obligation to respond to said objections by evidence or otherwise at the time of sentencing. Except to the extent (if at all) that I have sustained an objection or granted a motion or reserved an issue for later resolution, the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects. Any challenges to these tentative findings may be made orally at sentencing and shall be resolved at that time. Ordered by Senior Judge Richard G. Kopf. (CS)
July 19, 2017
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report as to defendant Sharon A. Elder. Defendant's objection 395 and motion for departure or variance 396 will be resolved at sentencing. Except to the extent (if at all) that I have sustained an objection or granted a motion or reserved an issue for later resolution, the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects. Any challenges to these tentative findings may be made orally at sentencing and shall be resolved at that time. Ordered by Senior Judge Richard G. Kopf. (CS)
July 24, 2017
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TENTATIVE FINDINGS OF FACT regarding Revised Presentence Investigation Report as to defendant Cornerstone Plaza. It is ordered that:... (2)There are no objections or motions that require resolution at sentencing.(3)Except to the extent (if at all) that I have sustained an objection or granted a motion or reserved an issue for later resolution in the preceding paragraph, the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects. ETC. Ordered by Senior Judge Richard G. Kopf. (KLL, )
July 24, 2017
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TENTATIVE FINDINGS OF FACT regarding Presentence Investigation Report and Addendum as to defendant AEP Properties. It is ordered that:... (2)There are no objections or motions that require resolution at sentencing.(3)Except to the extent (if at all) that I have sustained an objection or granted a motion or reserved an issue for later resolution in the preceding paragraph, the parties are herewith notified that my tentative findings are that the presentence report is correct in all respects. ETC. Ordered by Senior Judge Richard G. Kopf. (KLL, )
July 24, 2017
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ORDER as to Allen E. Peithman Jr. It is ordered that: (1)Defendant Peithman's Unopposed Motion to File Objections and Deviation Out of Time 402 is granted.(2)Defendant Peithman's Objection and Motion for Departure/Variance 401 will be taken up at sentencing. Ordered by Senior Judge Richard G. Kopf. ( KLL, )
August 2, 2017
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MONEY JUDGMENT as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza, Inc., and AEP Properties, LLC. Judgment is entered in favor of the United States of America and against each of the above named defendants in the total sum $1,142,942.32 plus interest as provided by law. Liability for payment of the judgment is joint and several. Ordered by Senior Judge Richard G. Kopf. (Copy to Finance) (CS)MONEY JUDGMENT as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza, Inc., and AEP Properties, LLC. Judgment is entered in favor of the United States of America and against each of the above named defendants in the total sum $1,142,942.32 plus interest as provided by law. Liability for payment of the judgment is joint and several. Ordered by Senior Judge Richard G. Kopf. (Copy to Finance) (CS)MONEY JUDGMENT as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza, Inc., and AEP Properties, LLC. Judgment is entered in favor of the United States of America and against each of the above named defendants in the total sum $1,142,942.32 plus interest as provided by law. Liability for payment of the judgment is joint and several. Ordered by Senior Judge Richard G. Kopf. (Copy to Finance) (CS)MONEY JUDGMENT as to defendants Allen E. Peithman, Jr., Sharon A. Elder, Cornerstone Plaza, Inc., and AEP Properties, LLC. Judgment is entered in favor of the United States of America and against each of the above named defendants in the total sum $1,142,942.32 plus interest as provided by law. Liability for payment of the judgment is joint and several. Ordered by Senior Judge Richard G. Kopf. (Copy to Finance) (CS)
August 10, 2017
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FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture (Filing No. 448) is hereby sustained. All right, title and interest in the following properties held by any person or entity are hereby forever barred and foreclosed. The aforementioned properties be, and the same hereby are, forfeited to the United States of America. The United States is directed to dispose of said properties in accordance with law as to defendants Allen E. Peithman Jr. (1), Sharon A. Elder (2), Cornerstone Plaza (4), AEP Properties (5). Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM)(LAC)FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture (Filing No. 448) is hereby sustained. All right, title and interest in the following properties held by any person or entity are hereby forever barred and foreclosed. The aforementioned properties be, and the same hereby are, forfeited to the United States of America. The United States is directed to dispose of said properties in accordance with law as to defendants Allen E. Peithman Jr. (1), Sharon A. Elder (2), Cornerstone Plaza (4), AEP Properties (5). Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM)(LAC)FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture (Filing No. 448) is hereby sustained. All right, title and interest in the following properties held by any person or entity are hereby forever barred and foreclosed. The aforementioned properties be, and the same hereby are, forfeited to the United States of America. The United States is directed to dispose of said properties in accordance with law as to defendants Allen E. Peithman Jr. (1), Sharon A. Elder (2), Cornerstone Plaza (4), AEP Properties (5). Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM)(LAC)FINAL ORDER OF FORFEITURE - The Plaintiff's Motion for Final Order of Forfeiture (Filing No. 448) is hereby sustained. All right, title and interest in the following properties held by any person or entity are hereby forever barred and foreclosed. The aforementioned properties be, and the same hereby are, forfeited to the United States of America. The United States is directed to dispose of said properties in accordance with law as to defendants Allen E. Peithman Jr. (1), Sharon A. Elder (2), Cornerstone Plaza (4), AEP Properties (5). Ordered by Senior Judge Richard G. Kopf. (1 Certified copy to USM)(LAC)
September 8, 2017
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ORDER - IT IS ORDERED that Defendant Peithman's opposed motion for release pending appeal (filing no. 458) is denied as to Allen E. Peithman Jr. Ordered by Senior Judge Richard G. Kopf. ( TCL)