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07-429 - USA v. Sabhnani et al


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07-429 - USA v. Sabhnani et al
June 5, 2007
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ORDER as to Mahender Murlidhar Sabhnani, Varsha Mahender Sabhnani re 35 Stipulation. When, as, and if the attorneys for the Defendants and the United States Attorney reach an agreement as to all the proposed terms of the Release, but not before, the Court will consider same and recall the same for further hearing therein. (See order for details). Ordered by Judge Thomas C. Platt on 6/5/2007. (McMorrow, Karen)ORDER as to Mahender Murlidhar Sabhnani, Varsha Mahender Sabhnani re 35 Stipulation. When, as, and if the attorneys for the Defendants and the United States Attorney reach an agreement as to all the proposed terms of the Release, but not before, the Court will consider same and recall the same for further hearing therein. (See order for details). Ordered by Judge Thomas C. Platt on 6/5/2007. (McMorrow, Karen)
September 21, 2007
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MEMORANDUM and ORDER as to Mahender Murlidhar Sabhnani, Varsha Mahender Sabhnani denying the 58 Motion to change venue, for reassignment of the case. **See order for details.. Ordered by Judge Thomas C. Platt on 9/20/2007. (McMorrow, Karen)MEMORANDUM and ORDER as to Mahender Murlidhar Sabhnani, Varsha Mahender Sabhnani denying the 58 Motion to change venue, for reassignment of the case. **See order for details.. Ordered by Judge Thomas C. Platt on 9/20/2007. (McMorrow, Karen)
October 5, 2007
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MEMORANDUM OF DECISION AND ORDER as to MAHENDER MURLIDHAR, VARSHA MAHENDER SABHNANI - ORDERED, that the Defendants motion for the production of additional 3500 material before the witness pre-trial deposition is DENIED; and it is further ORDERED, that the Defendants motion for the production of all Brady/Giglio material prior to the witness pre-trial deposition is GRANTED; and it is further ORDERED, that the Government produce to the Defendants all Brady/Giglio material on or before October 8, 2007. (Signed by Judge Arthur D. Spatt on 10/4/07). (Coleman, Laurie)MEMORANDUM OF DECISION AND ORDER as to MAHENDER MURLIDHAR, VARSHA MAHENDER SABHNANI - ORDERED, that the Defendants motion for the production of additional 3500 material before the witness pre-trial deposition is DENIED; and it is further ORDERED, that the Defendants motion for the production of all Brady/Giglio material prior to the witness pre-trial deposition is GRANTED; and it is further ORDERED, that the Government produce to the Defendants all Brady/Giglio material on or before October 8, 2007. (Signed by Judge Arthur D. Spatt on 10/4/07). (Coleman, Laurie)
December 27, 2007
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MEMORANDUM OF DECISION AND ORDER as to MAHENDER MURLINDAR SABHNANI, VARSHA MAHENDER SABHNANI - it is hereby ORDERED, that the Governments motion to remand Varsha Sabhnani pending her March 28, 2008 sentencing is GRANTED; and it is further ORDERED, that the Governments motion to remand Mahender Sabhnani pending his March 28, 2008 sentencing is DENIED; and it is further ORDERED, that the home detention and security/monitoring currently in place, as appropriately reduced to secure only one of the Defendants, should be maintained as to Mahender Sabhnani. (Ordered by Senior Judge Arthur D. Spatt on 12/27/07). (Coleman, Laurie)MEMORANDUM OF DECISION AND ORDER as to MAHENDER MURLINDAR SABHNANI, VARSHA MAHENDER SABHNANI - it is hereby ORDERED, that the Governments motion to remand Varsha Sabhnani pending her March 28, 2008 sentencing is GRANTED; and it is further ORDERED, that the Governments motion to remand Mahender Sabhnani pending his March 28, 2008 sentencing is DENIED; and it is further ORDERED, that the home detention and security/monitoring currently in place, as appropriately reduced to secure only one of the Defendants, should be maintained as to Mahender Sabhnani. (Ordered by Senior Judge Arthur D. Spatt on 12/27/07). (Coleman, Laurie)
January 14, 2008
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MEMORANDUM OF DECISION AND ORDER;denying 282 Motion for New Trial as to Varsha Mahender Sabhnani (1), Mahender Murlidhar Sabhnani (2); denying 282 Motion for Hearing as to Varsha Mahender Sabhnani (1), Mahender Murlidhar Sabhnani (2); denying 283 Motion for Hearing as to Varsha Mahender Sabhnani (1). Based on the foregoing, it is hereby ORDERED, that the Defts' motion for a hearing to include testimony from jurors is DENIED; and it is further ORDERED, that the Defts' motion purs. to Fed. R.Crim. P. 33 for a new trial based on alleged juror misconduct is DENIED.SO ORDERED.( Ordered by Senior Judge Arthur D. Spatt on 1/14/08.) (Fagan, Linda)MEMORANDUM OF DECISION AND ORDER;denying 282 Motion for New Trial as to Varsha Mahender Sabhnani (1), Mahender Murlidhar Sabhnani (2); denying 282 Motion for Hearing as to Varsha Mahender Sabhnani (1), Mahender Murlidhar Sabhnani (2); denying 283 Motion for Hearing as to Varsha Mahender Sabhnani (1). Based on the foregoing, it is hereby ORDERED, that the Defts' motion for a hearing to include testimony from jurors is DENIED; and it is further ORDERED, that the Defts' motion purs. to Fed. R.Crim. P. 33 for a new trial based on alleged juror misconduct is DENIED.SO ORDERED.( Ordered by Senior Judge Arthur D. Spatt on 1/14/08.) (Fagan, Linda)
May 16, 2008
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MEMORANDUM OF DECISION AND ORDER - The Court having received a letter dated May 12, 2008, from Susan C. Wolfe, Esq., counsel for the Defendant Varsha Sabhnani requesting an adjournment of her sentencing to September 26, 2008, and a letter dated May 12, 2008, from Stephen P. Scaring, Esq., counsel for the Defendant Mahender Sabhnani supporting this application, and a letter dated May 15, 2008, from Assistant United States Attorney Mark Lesko in opposition, makes the following ruling: 1- The sentencing of Varsha Sabhnani is adjourned from May 30, 2008 to June 26, 2008 at 10 a.m. 2- The sentencing of Mahender Sabhnani is to remain scheduled for June 27, 2008 at 3 p.m. These dates are final and there will be no further extensions of sentencing dates. With regard to an alleged psychiatric examination of Varsha Sabhnani, counsel is directed to produce the report, if one is obtained, on or before June 10, 2008. The Court has been advised by a memorandum from Senior United States Pre-Trial Services Officer Arthur E. Bobyak that the Defendant Mahender Sabhnani has been out at night until 1:06 a.m., 1:57 a.m. and 2:30 a.m. In order to ascertain the nature of these late night sojourns, the Court directs a status conference on May 19, 2008 at 9 a.m. at which time the Defendant Mahender Sabhnani, all counsel, United States Pre-Trial Officer Arthur Bobyak and a representative of Stroz Friedberg are directed to be present. (Signed by Judge Arthur D. Spatt, on 5/16/08). (Coleman, Laurie)MEMORANDUM OF DECISION AND ORDER - The Court having received a letter dated May 12, 2008, from Susan C. Wolfe, Esq., counsel for the Defendant Varsha Sabhnani requesting an adjournment of her sentencing to September 26, 2008, and a letter dated May 12, 2008, from Stephen P. Scaring, Esq., counsel for the Defendant Mahender Sabhnani supporting this application, and a letter dated May 15, 2008, from Assistant United States Attorney Mark Lesko in opposition, makes the following ruling: 1- The sentencing of Varsha Sabhnani is adjourned from May 30, 2008 to June 26, 2008 at 10 a.m. 2- The sentencing of Mahender Sabhnani is to remain scheduled for June 27, 2008 at 3 p.m. These dates are final and there will be no further extensions of sentencing dates. With regard to an alleged psychiatric examination of Varsha Sabhnani, counsel is directed to produce the report, if one is obtained, on or before June 10, 2008. The Court has been advised by a memorandum from Senior United States Pre-Trial Services Officer Arthur E. Bobyak that the Defendant Mahender Sabhnani has been out at night until 1:06 a.m., 1:57 a.m. and 2:30 a.m. In order to ascertain the nature of these late night sojourns, the Court directs a status conference on May 19, 2008 at 9 a.m. at which time the Defendant Mahender Sabhnani, all counsel, United States Pre-Trial Officer Arthur Bobyak and a representative of Stroz Friedberg are directed to be present. (Signed by Judge Arthur D. Spatt, on 5/16/08). (Coleman, Laurie)
July 19, 2008
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MEMORANDUM OF DECISION AND ORDER as to MAHENDER MURLINDHAR SABHNANI, VARSHA MAHENDER SABHNANI - In determining this order of restitution the Court did consider (1) the financial resources of the Defendants; (2) the financial needs and earning ability of the Defendants; and (3) the Defendants dependents. In accordance with this decision, the Court finds that restitution payable to the victims, Samirah and Enung, is as follows: (1) Samirahs net back pay is equal to $310,371.91; (2) Samirah is entitled to liquidated damages in the amount of $310,371.91; (3) Enungs back pay is equal to $157,901.20; and (4) Enung is entitled to liquidated damages in the amount of $157,901.20. Annexed as Exhibit A is a chart showing the itemized figures leading to the back pay restitution award for Samirah and Enung. As such, it is hereby ORDERED, that Samirah is awarded restitution in the total sum of $620,743.82; and it is further ORDERED, that Enung is awarded restitution in the total sum $315,802.40.(Ordered by Senior Judge Arthur D. Spatt on 7/19/08). (Attachments: # (1) Labor Computations) (Coleman, Laurie)MEMORANDUM OF DECISION AND ORDER as to MAHENDER MURLINDHAR SABHNANI, VARSHA MAHENDER SABHNANI - In determining this order of restitution the Court did consider (1) the financial resources of the Defendants; (2) the financial needs and earning ability of the Defendants; and (3) the Defendants dependents. In accordance with this decision, the Court finds that restitution payable to the victims, Samirah and Enung, is as follows: (1) Samirahs net back pay is equal to $310,371.91; (2) Samirah is entitled to liquidated damages in the amount of $310,371.91; (3) Enungs back pay is equal to $157,901.20; and (4) Enung is entitled to liquidated damages in the amount of $157,901.20. Annexed as Exhibit A is a chart showing the itemized figures leading to the back pay restitution award for Samirah and Enung. As such, it is hereby ORDERED, that Samirah is awarded restitution in the total sum of $620,743.82; and it is further ORDERED, that Enung is awarded restitution in the total sum $315,802.40.(Ordered by Senior Judge Arthur D. Spatt on 7/19/08). (Attachments: # (1) Labor Computations) (Coleman, Laurie)
July 19, 2008
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MEMORANDUM OF DECISION AND ORDER as to MAHENDER MURLINDHAR SABHNANI, VARSHA MAHENDER SABHNANI - It is hereby ORDERED, that the motion by Samirah and Enung to quash the subpoenas issued by the attorney for the Defendant Varsha Sabhnani is GRANTED. (Ordered by Senior Judge Arthur D. Spatt on 7/19/08). (Coleman, Laurie)MEMORANDUM OF DECISION AND ORDER as to MAHENDER MURLINDHAR SABHNANI, VARSHA MAHENDER SABHNANI - It is hereby ORDERED, that the motion by Samirah and Enung to quash the subpoenas issued by the attorney for the Defendant Varsha Sabhnani is GRANTED. (Ordered by Senior Judge Arthur D. Spatt on 7/19/08). (Coleman, Laurie)
July 19, 2008
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MEMORANDUM OF DECISION AND ORDER as to MAHENDER MURLINDHAR SABHNANI, VARSHA MAHENDER SABHNANI - Accordingly, the Court finds that forfeiture of the entire house, including the attached office, is appropriate and granted. Based on the foregoing, it is hereby ORDERED, that the Governments motion for forfeiture of the entire house located at 205 Coachman Place East, Muttontown, New York is GRANTED. (Ordered by Senior Judge Arthur D. Spatt on 7/19/08). (Coleman, Laurie)MEMORANDUM OF DECISION AND ORDER as to MAHENDER MURLINDHAR SABHNANI, VARSHA MAHENDER SABHNANI - Accordingly, the Court finds that forfeiture of the entire house, including the attached office, is appropriate and granted. Based on the foregoing, it is hereby ORDERED, that the Governments motion for forfeiture of the entire house located at 205 Coachman Place East, Muttontown, New York is GRANTED. (Ordered by Senior Judge Arthur D. Spatt on 7/19/08). (Coleman, Laurie)
July 26, 2008
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AMENDED MEMORANDUM OF DECISION AND ORDER as to MAHENDER MURLINDHAR SABHNANI, VARSHA MAHENDER SABHNANI - It is hereby ORDERED, that the Governments motion for forfeiture of the entire house located at 205 Coachman Place East, Muttontown, New York is GRANTED. (Signed by Judge Arthur D. Spatt, on 7/26/08). (Coleman, Laurie)AMENDED MEMORANDUM OF DECISION AND ORDER as to MAHENDER MURLINDHAR SABHNANI, VARSHA MAHENDER SABHNANI - It is hereby ORDERED, that the Governments motion for forfeiture of the entire house located at 205 Coachman Place East, Muttontown, New York is GRANTED. (Signed by Judge Arthur D. Spatt, on 7/26/08). (Coleman, Laurie)