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11-014 - USA v. KUBINI et al


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11-014 - USA v. KUBINI et al
November 7, 2013
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MEMORANDUM ORDER as to ARTHUR SMITH (4) indicating that the Motion to Quash Subpoena by Non-Party JPMorgan Chase Bank, N.A. is granted and the subpoena is quashed without prejudice for Smith to seek leave of Court to serve a subpoena within the strictures of Federal Rule of Criminal Procedure 17 (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 11/7/13. (jg)
May 13, 2014
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AMENDED MEMORANDUM OPINION (amending 262 Memorandum Opinion); An appropriate Order follows. Signed by Judge Nora Barry Fischer on 5/13/14. (jg)AMENDED MEMORANDUM OPINION (amending 262 Memorandum Opinion); An appropriate Order follows. Signed by Judge Nora Barry Fischer on 5/13/14. (jg)AMENDED MEMORANDUM OPINION (amending 262 Memorandum Opinion); An appropriate Order follows. Signed by Judge Nora Barry Fischer on 5/13/14. (jg)AMENDED MEMORANDUM OPINION (amending 262 Memorandum Opinion); An appropriate Order follows. Signed by Judge Nora Barry Fischer on 5/13/14. (jg)
January 5, 2015
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MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOVIC, ARTHUR SMITH indicating that the Government's Motion to Preclude Exhibits 284 is DENIED; its Motion for Clarification of Pretrial Order 285 is GRANTED, IN PART, and DENIED, IN PART, to the extent that the Court will modify the Pretrial Order and permit the Government to maintain its hard copy exhibits during trial and to bring such exhibits to Court on the first day of jury selection, March 2, 2015 at 9:00 a.m. rather than 12:00 p.m. on February 27, 2015; and Defendant Smith and his counsel are directed to destroy their notes and any other documents (electronic or otherwise) that they have created containing the privileged information they viewed on the stand-alone computer and is the subject of this Memorandum Opinion. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 1/5/2015. (bdk)MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOVIC, ARTHUR SMITH indicating that the Government's Motion to Preclude Exhibits 284 is DENIED; its Motion for Clarification of Pretrial Order 285 is GRANTED, IN PART, and DENIED, IN PART, to the extent that the Court will modify the Pretrial Order and permit the Government to maintain its hard copy exhibits during trial and to bring such exhibits to Court on the first day of jury selection, March 2, 2015 at 9:00 a.m. rather than 12:00 p.m. on February 27, 2015; and Defendant Smith and his counsel are directed to destroy their notes and any other documents (electronic or otherwise) that they have created containing the privileged information they viewed on the stand-alone computer and is the subject of this Memorandum Opinion. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 1/5/2015. (bdk)MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOVIC, ARTHUR SMITH indicating that the Government's Motion to Preclude Exhibits 284 is DENIED; its Motion for Clarification of Pretrial Order 285 is GRANTED, IN PART, and DENIED, IN PART, to the extent that the Court will modify the Pretrial Order and permit the Government to maintain its hard copy exhibits during trial and to bring such exhibits to Court on the first day of jury selection, March 2, 2015 at 9:00 a.m. rather than 12:00 p.m. on February 27, 2015; and Defendant Smith and his counsel are directed to destroy their notes and any other documents (electronic or otherwise) that they have created containing the privileged information they viewed on the stand-alone computer and is the subject of this Memorandum Opinion. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 1/5/2015. (bdk)MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOVIC, ARTHUR SMITH indicating that the Government's Motion to Preclude Exhibits 284 is DENIED; its Motion for Clarification of Pretrial Order 285 is GRANTED, IN PART, and DENIED, IN PART, to the extent that the Court will modify the Pretrial Order and permit the Government to maintain its hard copy exhibits during trial and to bring such exhibits to Court on the first day of jury selection, March 2, 2015 at 9:00 a.m. rather than 12:00 p.m. on February 27, 2015; and Defendant Smith and his counsel are directed to destroy their notes and any other documents (electronic or otherwise) that they have created containing the privileged information they viewed on the stand-alone computer and is the subject of this Memorandum Opinion. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 1/5/2015. (bdk)
February 2, 2015
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MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOVIC, ARTHUR SMITH indicating that for reasons more fully stated within, the Government's Motion in Limine 307 is granted. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 2/2/15. (jg)MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOVIC, ARTHUR SMITH indicating that for reasons more fully stated within, the Government's Motion in Limine 307 is granted. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 2/2/15. (jg)MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOVIC, ARTHUR SMITH indicating that for reasons more fully stated within, the Government's Motion in Limine 307 is granted. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 2/2/15. (jg)MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOVIC, ARTHUR SMITH indicating that for reasons more fully stated within, the Government's Motion in Limine 307 is granted. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 2/2/15. (jg)
March 22, 2016
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ORDER as to GEORGE KUBINI (1), DOV RATCHKAUSKAS (2), SANDRA SVARANOWIC (3), and ARTHUR SMITH (4) indicating that Government's Motion for Leave of Court to Add Witnesses and Exhibits to Witness List and Exhibit List 550 is denied, without prejudice (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 3/22/16. (jg)ORDER as to GEORGE KUBINI (1), DOV RATCHKAUSKAS (2), SANDRA SVARANOWIC (3), and ARTHUR SMITH (4) indicating that Government's Motion for Leave of Court to Add Witnesses and Exhibits to Witness List and Exhibit List 550 is denied, without prejudice (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 3/22/16. (jg)ORDER as to GEORGE KUBINI (1), DOV RATCHKAUSKAS (2), SANDRA SVARANOWIC (3), and ARTHUR SMITH (4) indicating that Government's Motion for Leave of Court to Add Witnesses and Exhibits to Witness List and Exhibit List 550 is denied, without prejudice (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 3/22/16. (jg)ORDER as to GEORGE KUBINI (1), DOV RATCHKAUSKAS (2), SANDRA SVARANOWIC (3), and ARTHUR SMITH (4) indicating that Government's Motion for Leave of Court to Add Witnesses and Exhibits to Witness List and Exhibit List 550 is denied, without prejudice (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 3/22/16. (jg)
July 29, 2016
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ORDER as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOWIC, ARTHUR SMITH indicating that upon consideration of Defendant Dov Ratchkauskas' Motion to Strike Portions of Testimony of Tawnya McCabe (606, 608), the Government's Response thereto 609, the parties' prior briefing on the related motion filed by the Government that was denied by the Court, (Docket Nos. 580, 584, 587, 598, 602), the transcript of the proceedings on 11/10/15 542, the exhibits admitted during the restitution/sentencing enhancement hearing, and the documents subsequently obtained from Ms. McCabe's bankruptcy case at Docket No. 13-22651 608, it is herby ordered that Ratchkauskas' Motion 606 is granted, and the following sections of Ms. McCabe's 11/10/15 testimony are stricken from the record: 89:2-16; 91:15-18; 130:10-131:10; 133:22-134:13 (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 7/29/16. (jg)ORDER as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOWIC, ARTHUR SMITH indicating that upon consideration of Defendant Dov Ratchkauskas' Motion to Strike Portions of Testimony of Tawnya McCabe (606, 608), the Government's Response thereto 609, the parties' prior briefing on the related motion filed by the Government that was denied by the Court, (Docket Nos. 580, 584, 587, 598, 602), the transcript of the proceedings on 11/10/15 542, the exhibits admitted during the restitution/sentencing enhancement hearing, and the documents subsequently obtained from Ms. McCabe's bankruptcy case at Docket No. 13-22651 608, it is herby ordered that Ratchkauskas' Motion 606 is granted, and the following sections of Ms. McCabe's 11/10/15 testimony are stricken from the record: 89:2-16; 91:15-18; 130:10-131:10; 133:22-134:13 (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 7/29/16. (jg)ORDER as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOWIC, ARTHUR SMITH indicating that upon consideration of Defendant Dov Ratchkauskas' Motion to Strike Portions of Testimony of Tawnya McCabe (606, 608), the Government's Response thereto 609, the parties' prior briefing on the related motion filed by the Government that was denied by the Court, (Docket Nos. 580, 584, 587, 598, 602), the transcript of the proceedings on 11/10/15 542, the exhibits admitted during the restitution/sentencing enhancement hearing, and the documents subsequently obtained from Ms. McCabe's bankruptcy case at Docket No. 13-22651 608, it is herby ordered that Ratchkauskas' Motion 606 is granted, and the following sections of Ms. McCabe's 11/10/15 testimony are stricken from the record: 89:2-16; 91:15-18; 130:10-131:10; 133:22-134:13 (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 7/29/16. (jg)ORDER as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOWIC, ARTHUR SMITH indicating that upon consideration of Defendant Dov Ratchkauskas' Motion to Strike Portions of Testimony of Tawnya McCabe (606, 608), the Government's Response thereto 609, the parties' prior briefing on the related motion filed by the Government that was denied by the Court, (Docket Nos. 580, 584, 587, 598, 602), the transcript of the proceedings on 11/10/15 542, the exhibits admitted during the restitution/sentencing enhancement hearing, and the documents subsequently obtained from Ms. McCabe's bankruptcy case at Docket No. 13-22651 608, it is herby ordered that Ratchkauskas' Motion 606 is granted, and the following sections of Ms. McCabe's 11/10/15 testimony are stricken from the record: 89:2-16; 91:15-18; 130:10-131:10; 133:22-134:13 (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 7/29/16. (jg)
March 9, 2017
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ORDER as to DOV RATCHKAUSKAS (2) indicating Defendant Dov Ratchkauskas' Motion for Sanctions Against the Government for Eliciting False Testimony and/or Failing to Investigate and Correct the Record 622 is denied (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 3/9/17. (jg)
June 14, 2017
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MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, and ARTHUR SMITH indicating that, for reasons stated within, defendant Smith's Motion 614 is granted and the Court will admit Docket Nos. 614-1:614-6 and 620-13, (i.e., the 5K1.1 motions and the email), into the record for these proceedings. The Court will not enhance Defendants' sentences based upon testimony by SA Fisher or SA Avolia on issues that are not independently supported by other record evidence or pertain to objections on purely legal matters. However, the Court will permit Defendants to rely upon the admissions by these case agents during their testimony, including that two of the transactions on Govt. Ex. E did not involve fraud and that they did not investigate the claims made by the borrowers in their VIS or the loss figures set forth in Govt. Ex. Q. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 6/14/17. (jg)MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, and ARTHUR SMITH indicating that, for reasons stated within, defendant Smith's Motion 614 is granted and the Court will admit Docket Nos. 614-1:614-6 and 620-13, (i.e., the 5K1.1 motions and the email), into the record for these proceedings. The Court will not enhance Defendants' sentences based upon testimony by SA Fisher or SA Avolia on issues that are not independently supported by other record evidence or pertain to objections on purely legal matters. However, the Court will permit Defendants to rely upon the admissions by these case agents during their testimony, including that two of the transactions on Govt. Ex. E did not involve fraud and that they did not investigate the claims made by the borrowers in their VIS or the loss figures set forth in Govt. Ex. Q. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 6/14/17. (jg)MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, and ARTHUR SMITH indicating that, for reasons stated within, defendant Smith's Motion 614 is granted and the Court will admit Docket Nos. 614-1:614-6 and 620-13, (i.e., the 5K1.1 motions and the email), into the record for these proceedings. The Court will not enhance Defendants' sentences based upon testimony by SA Fisher or SA Avolia on issues that are not independently supported by other record evidence or pertain to objections on purely legal matters. However, the Court will permit Defendants to rely upon the admissions by these case agents during their testimony, including that two of the transactions on Govt. Ex. E did not involve fraud and that they did not investigate the claims made by the borrowers in their VIS or the loss figures set forth in Govt. Ex. Q. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 6/14/17. (jg)
September 7, 2018
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MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOWIC, ARTHUR SMITH indicating that the Government's Motion for Reconsideration 695 of the Court's June 14, 2017 Memorandum Opinion 688 is denied; an appropriate Order follows (details more fully stated in said Memorandum Opinion). Signed by Judge Nora Barry Fischer on 9/7/2018. (bdk)MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOWIC, ARTHUR SMITH indicating that the Government's Motion for Reconsideration 695 of the Court's June 14, 2017 Memorandum Opinion 688 is denied; an appropriate Order follows (details more fully stated in said Memorandum Opinion). Signed by Judge Nora Barry Fischer on 9/7/2018. (bdk)MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOWIC, ARTHUR SMITH indicating that the Government's Motion for Reconsideration 695 of the Court's June 14, 2017 Memorandum Opinion 688 is denied; an appropriate Order follows (details more fully stated in said Memorandum Opinion). Signed by Judge Nora Barry Fischer on 9/7/2018. (bdk)MEMORANDUM OPINION as to GEORGE KUBINI, DOV RATCHKAUSKAS, SANDRA SVARANOWIC, ARTHUR SMITH indicating that the Government's Motion for Reconsideration 695 of the Court's June 14, 2017 Memorandum Opinion 688 is denied; an appropriate Order follows (details more fully stated in said Memorandum Opinion). Signed by Judge Nora Barry Fischer on 9/7/2018. (bdk)