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03-833 - USA v. Gushlak


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03-833 - USA v. Gushlak
January 14, 2011
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ORDER regarding restitution as to Myron L. Gushlak. Please see attached. Ordered by Judge Nicholas G. Garaufis on 1/14/2011. (Richardson, Ian)
February 24, 2011
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MEMORANDUM AND ORDER as to Myron L. Gushlak, The govt shall review Rutkoske and other relevant case law and submit a letter to the court by 3/4/11, proposing a schedule for its submission of additional material which it believes will be sufficient to carry its burden of identifying the victims of Gushlak's offense and proving their amount of loss. (Ordered by Judge Nicholas G. Garaufis on 2/23/2011) (Piper, Francine)
July 26, 2011
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MEMORANDUM & ORDER as to Myron L. Gushlak: This is the last time the court will order the Government to submit additional evidence to carry its burden under 18 U.S.C. §§ 3663A and 3664. If the Government again fails to proveloss causation and the amounts of each victim's loss, the court will be forced to deny the Government's request to order Gushlak to make restitution. This would be unfortunate. Gushlak has admitted to stealing from a large number of people what likely amounted to a significant portion of their personal wealth. While determining the value of securities in the absence of fraud is "extremely difficult," Leonard, 529 F.3d at 93, and "cannot be an exact science,"Rutkoske, 506 F.3d at 179, the Government should review the case law that instructs how it must be done, and strive diligently to carry its burden under 18 U.S. C. § 3664(e) to prove victim losses. The Government shall submit the additional evidence requested by the court by August 22, 2011. The court will hold a Fatico hearing to consider the evidence on September 6, 2011. The Government shall make its expert available for cross-examination at that time. Should Gushlak wish to introduce testimony from an expert as to the value of GlobalNet shares in the absence of manipulation, or any other question, he shall file the expert's report by August 22, 2011, and shall make the expert available for cross-examination at the Fatico hearing. Ordered by Judge Nicholas G. Garaufis on 7/25/2011. (Lee, Tiffeny)
April 20, 2012
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ORDER as to Myron L. Gushlak: The court ORDERS Defendant Myron Gushlak to pay restitution in the amount of $17,492,817.45. Ordered by Judge Nicholas G. Garaufis on 4/20/2012. (Fox, Peter)
March 6, 2017
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MEMORANDUM & ORDER as to Myron L. Gushlak, Before the court is Petitioner Myron Gushlak's petition for a writ of coram nobis (the"Petition") under the All Writs Act, 28 U.S.C. § 1651, filed on May 27,2016. (Mot. to Vacate Restitution Order ("Pet.") (Dkt. 1), No. 16-CV-2713.) Petitioner asks the court to vacate the order of restitution and fine issued in his criminal trial. (Mem. in Supp. of Pet. ("Pet'r's Mem.") (Dkt. 1-2), No. 16-CV-2713, at 17.) The Petition relies on the sole grounds that Petitioner's trial counsel were constitutionally ineffective in their failure to adequately investigate alternative methods for calculating restitution. For the reasons discussed below, the Petition is DENIED. So Ordered by Judge Nicholas G. Garaufis on 3/3/2017. (Lee, Tiffeny)