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Thursday, April 4, 2019

USA v. Amru International Trading Corp / Louis Kestenbaum

US Department Of Justice 
Security & Emergency Planning Staff 
950 Pennsylvania Avenue NW 
CLOSED

U.S. District Court
Southern District of Ohio (Cincinnati)
CRIMINAL DOCKET FOR CASE #: 1:99-cr-00023-HJW All Defendants


Case title: USA v. Amru International Trading Corp., et al
Date Filed: 02/18/1999
Date Terminated: 06/29/2005
Assigned to: Judge Herman J. Weber

Defendant (1)
Joel - Schoenfeld
TERMINATED: 06/29/2005		represented byEugene Neal Kaplan 
Kaplan Thomashower & Landau LLP
26 Broadway
20th Floor
New York, NY 10004
212/593-1700
TERMINATED: 01/22/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Jerome Charles Randolph 
1100 New York Avenue
Suite 700 NW
Washington, DC 20005
202-772-2200
TERMINATED: 01/22/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

W. Kelly Johnson 
Porter Wright Morris & Arthur LLP
Suite 2200
250 East Fifth St.
Cincinnati, OH 45202
513/369-4221
Fax: 513/421-0991
Email: WKJohnson@porterwright.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Public Defender or Community Defender Appointment

Pending Counts
Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:1343 and 18:2 FRAUD BY WIRE, RADIO, OR TELEVISION
(2-20)
18:1956(a)(1)(A)(i) 18:1956(a)(1)(B)(i) and 18:2 MONEY LAUNDERING - EMBEZZLEMENT, OTHER
(21-24)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Herman J. Weber

Defendant (2)
Louis Kestenbaum 
TERMINATED: 06/29/2005		represented byJ Jay Lobell 
Covington & Burling
1330 Avenue of the Americas
New York, NY 10019
212-841-1000
Fax: 212-841-1063
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Martin Stanley Pinales 
Strauss & Troy
The Federal Reserve Building
150 E. Fourth Street
Cincinnati, OH 45202
513-621-2120
Fax: 513-241-8259
Email: mspinales@strausstroy.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:1343 and 18:2 FRAUD BY WIRE, RADIO, OR TELEVISION
(2-20)
18:1956(a)(1)(A)(i) 18:1956(a)(1)(B)(i) and 18:2 MONEY LAUNDERING - EMBEZZLEMENT, OTHER
(21-24)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Herman J. Weber

Defendant (3)
Moshe Kestenbaum
TERMINATED: 06/29/2005		represented byGlenn Virgil Whitaker 
Vorys Sater Seymour & Pease
301 E Fourth Street
Suite 3500, Great American Tower
Cincinnati, OH 45202
513-723-4000
Email: gvwhitaker@vorys.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

J Jay Lobell 
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:1343 and 18:2 FRAUD BY WIRE, RADIO, OR TELEVISION
(2-20)
18:1956(a)(1)(A)(i) 18:1956(a)(1)(B)(i) and 18:2 MONEY LAUNDERING - EMBEZZLEMENT, OTHER
(21-24)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Herman J. Weber

Defendant (4)
Mayer Hirsch
TERMINATED: 06/29/2005		represented byLeo Patrick Mulligan 
L Patrick Mulligan & Associates
Mulligan Building, Second Floor
28 N Wilkinson Street
P O Box 3537
Dayton, OH 45401
937-228-9790
Email: patrick.mulligan@patrickmulligan.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:1343 and 18:2 FRAUD BY WIRE, RADIO, OR TELEVISION
(2-20)
18:1956(a)(1)(A)(i) 18:1956(a)(1)(B)(i) and 18:2 MONEY LAUNDERING - EMBEZZLEMENT, OTHER
(21-24)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Herman J. Weber

Defendant (5)
Moses Kraus
TERMINATED: 06/29/2005
also known as
Krausz
TERMINATED: 06/29/2005

Pending Counts
Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
18:1343 and 18:2 FRAUD BY WIRE, RADIO, OR TELEVISION
(2-20)
18:1956(a)(1)(A)(i) 18:1956(a)(1)(B)(i) and 18:2 MONEY LAUNDERING - EMBEZZLEMENT, OTHER
(21-24)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Judge Herman J. Weber

Defendant (6)
Amru International Trading Corp.
TERMINATED: 06/29/2005		represented byWilliam Richard Gallagher 
Arenstein & Gallagher - 1
The Citadel
114 E Eighth Street
Cincinnati, OH 45202
513-651-5666
Email: wrg35@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)		5 Years Probation; Fine of $250,000.00 suspending what is paid to charities; Assessment of $400; finding restitution has been paid and $200,000 has been paid to charities

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Plaintiff
USA
TERMINATED: 06/29/2005		represented byEarl D Hicks 
US Department Of Justice
Security & Emergency Planning Staff
950 Pennsylvania Avenue NW
Room 6525
Washington, DC 20530-0001
202/514-9016
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

William Hunt 
United States Attorney's Office
Cincinnati, OH 45202
Email: maryann.arrasmith@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed#Docket Text
02/18/19991 INDICTMENT by USA Kathleen Mary Brinkman. Counts filed against Joel Schoenfeld (1) count(s) 1, 2-20, 21-24, Louis Kestenbaum (2) count(s) 1, 2-20, 21-24, Moshe Kestenbaum (3) count(s) 1, 2-20, 21-24, Mayer Hirsch (4) count(s) 1, 2-20, 21-24, Moses Kraus (5) count(s) 1, 2-20, 21-24 (km) (Entered: 02/19/1999)
02/23/1999  SUMMONS issued as to Joel Schoenfeld; arraignment set for 9:30 3/11/99 before MJ Timothy S Hogan Room 701 for Joel Schoenfeld (km) (Entered: 02/23/1999)
02/23/1999  SUMMONS issued as to Louis Kestenbaum ;arraignment set for 9:30 3/11/99 before MJ Timothy S Hogan Room 701 for Louis Kestenbaum (km) (Entered: 02/23/1999)
02/23/1999  SUMMONS issued as to Moshe Kestenbaum ;arraignment set for 9:30 3/11/99 before MJ Timothy S Hogan Room 701 for Moshe Kestenbaum (km) (Entered: 02/23/1999)
02/23/1999  SUMMONS issued as to Mayer Hirsch ;arraignment set for 9:30 3/11/99 before MJ Timothy S Hogan Room 701 for Mayer Hirsch (km) (Entered: 02/23/1999)
02/26/19992 APPEARANCE of Attorney for Mayer Hirsch by Leo Patrick Mulligan (ph) (Entered: 03/01/1999)
03/04/19993 MOTION for attorney Eugene Neal Kaplan to appear pro hac vice by Joel - Schoenfeld (fee pd Rcpt # 100 403395) (ph) Modified on 03/08/1999 (Entered: 03/08/1999)
03/11/1999  NOTATION ORDER by Judge Herman J. Weber granting motion for attorney Eugene Neal Kaplan to appear pro hac vice [3-1] Attorney for Joel - Schoenfeld Eugene Neal Kaplan proceeding Pro Hac Vice (cc: all counsel) (ph) (Entered: 03/11/1999)
03/11/19994 MINUTES: Case called for an arraignment before Mag. Judge Timothy S. Hogan first appearance of Joel - Schoenfeld Attorney present; dft Joel - Schoenfeld arraigned; NOT GUILTY plea entered; bond set at $50,000 property with conditions that there is no travel outside the United States and that dft must surrender passport to the Clerk of Court, S.D. Ohio and that bond must be posted by 3/19/99 in the E.D. of New York, Brooklyn Division; Mary Ann Ranz, Official Court Reporter (ba) (Entered: 03/11/1999)
03/11/19995 MINUTES: Case called for an arraignment on Indictment before Mag. Judge Timothy S. Hogan first appearance of Louis Kestenbaum Attorney present; as to Louis Kestenbaum , Dft waived reading of Indictment; dft Louis Kestenbaum arraigned; NOT GUILTY plea entered; bond set at $50,000 property with conditions of restricted travel to the E.D. of NY except for work and includes New Jersey and Ohio and that deft must surrender passport to the Clerk of Court in the S.D. of Ohio. Passport can be taken to local counsel in NY and then overnighted to local counsel in S.D. OH.; Report to E.D. NY (Brooklyn Division) Pretrial Services as directed; Mary Ann Ranz, Official Court Reporter (ba) (Entered: 03/11/1999)
03/11/19996 MINUTES: before Mag. Judge Timothy S. Hogan first appearance of Moshe Kestenbaum Attorney present; as to Moshe Kestenbaum , dft Moshe Kestenbaum arraigned; NOT GUILTY plea entered; Attorney present; as to Moshe Kestenbaum (ba) (Entered: 03/11/1999)
03/11/19997 MINUTES: Case called for arraignment on Indictmentbefore Mag. Judge Timothy S. Hogan first appearance of Mayer Hirsch Attorney present; as to Mayer Hirsch , dft Mayer Hirsch arraigned; NOT GUILTY plea entered; dft waived reading of Indictment; bond set at $50,000 property with conditions that dft surrender passport (to be surrendered to S.D. Ohio Clerk of Court) and that travel is restricted to E.D. NY, S.D. OH, New Jersey, California, & Florida; Mary Ann Ranz, Official Court Reporter (ba) (Entered: 03/11/1999)
03/11/19998 CRIMINAL ORDER OF PROCEDURE by Judge Herman J. Weber status conference set for 3/25/99 at 2 pm motions hearing set for 4/22/99 at 2 pm jury trial set for 5/17/99 at 9 am as to Joel - Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch, Moses Kraus (cc: all counsel) (ph) (Entered: 03/11/1999)
03/11/19999 ORDER by Judge Herman J. Weber status conference reset for 3/30/99 at 11 am as to Joel - Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch, Moses Kraus (cc: all counsel) (ph) (Entered: 03/11/1999)
03/11/199910 MINUTES: Defendant Joel Schoenfeld appeared for a Reveiw of Bond Determination before Judge Herman J. Weber. Bond as originally set by the magistrate is AMENDED. Bond to issue.Ctrpt: J. Wolfer (Official) (do) (Entered: 03/11/1999)
03/11/199911 AMENDED APPEARANCE BOND ( 500,000 prop./400,000 shares of Univec) by Joel - Schoenfeld (do) (Entered: 03/11/1999)
03/22/199913 MOTION for order permitting foreign travel to London England 3/23/99 to 3/25/99 by Louis Kestenbaum (ph) (Entered: 03/22/1999)
03/22/199914 MOTION for order permitting foreign travel to Israel on 5/3/99 and 5/4/99 and to attend meeting in Budapest Hungary on 5/10/99 by Louis Kestenbaum (ph) (Entered: 03/22/1999)
03/23/199916 SEALED MOTION for protective order by USA as to Joel - Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch, Moses Kraus (ph) Modified on 05/11/2000 (Entered: 03/23/1999)
03/23/199917 SEALED PROTECTIVE ORDER by Judge Herman J. Weber : granting motion for protective order [16-1] (cc: all counsel) () (ph) (Entered: 03/23/1999)
03/23/199918 MOTION for order to waive speedy trial provisions and declare this action complex by Joel - Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch, Moses Kraus (ph) (Entered: 03/23/1999)
03/23/199919 BOND ( $50,000 property) by Louis Kestenbaum (ls) (Entered: 03/23/1999)
03/23/199920 BOND ( $50,000 property) by Moshe Kestenbaum (ls) (Entered: 03/23/1999)
03/25/199921 ORDER by Judge Herman J. Weber. Defendant Louis Kestenbaum's Motion for Permission to Travel on 3/23/99 is DENIED. (cc: all counsel) (do) (Entered: 03/25/1999)
03/29/1999  Remark in regard to the Amended Appearance Bond of Joel Schoenfeld filed on 3/11/99: the clerk has placed in the vault the original deed to real property owned by Flora Schoenfeld, the original Univec stock certificate owned by Flora Schoenfeld (333,333 shares) and a copy of a Univec stock certificate owned by Flora Schoenfeld (256,410 shares) which Joel Schoenfeld's attorney, Eugene Kaplan, overnighted to U.S. Attorney Kathleen Brinkman. (ls) (Entered: 03/29/1999)
03/30/199924 MINUTES: Defendants 1,2,3,4 appeared before Judge Herman J. Weber for a Motion Hearing on various motions. Order to issue. Ctrpt: J. Wolfer (Official) (do) (Entered: 03/31/1999)
03/31/199922 ORDER by Judge Herman J. Weber discovery motion filing ddl set for 7/7/99; Substantive motion filing ddl set for 8/6/99, government's response due 60 days thereafter and deft's reply 30 days thereafter; status conference set for 11/12/99 at 1:30 pm; motions hearing date set for 4/22/99 and jury trial date set for 5/17/99 as to defts are vacated (cc: all counsel) (ph) (Entered: 03/31/1999)
04/20/199925 BOND ( $50,000 property) by Mayer Hirsch with conditions that dft report to pretrial services on a scheduled determined by the UPO; surrender passport; and travel restricted to the E.D. of NY, S.D. of OH as wellas California and Florida. (ba) (Entered: 04/21/1999)
04/22/199926 ORDER by Judge Herman J. Weber granting motion for order to waive speedy trial provisions and declare this action complex [18-1] (cc: all counsel) (ph) (Entered: 04/22/1999)
04/26/199928 SUPPLEMENTAL APPEARANCE BOND ( SEE COURT ORDER) by Louis Kestenbaum (ph) (Entered: 05/03/1999)
05/03/199927 TRANSCRIPT of Proceedings filed by Mary Ann Ranz Official Court Reporter on arraignment on indictment held before MJ Hogan on 3/11/99; 16 pages (vp) (Entered: 05/03/1999)
05/12/199929 TRANSCRIPT of Proceedings before Judge Weber on 3/11/99 filed by Court Reporter Julie Wolfer (Official) (pgs 1-33) (ph) (Entered: 05/13/1999)
06/07/199930 SUBSTITUTION of Attorney: Jerome Charles Randolph, Susan Smith Kost replacing attorney Eugene Neal Kaplan for Joel - Schoenfeld (ph) (Entered: 06/08/1999)
06/08/199931 JOINT MOTION for order directing pre-trial production of documents pursuant to subpoena duces tecum by defts Louis Kestenbaum & Moshe Kestenbaum (ph) (Entered: 06/08/1999)
06/15/199932 MOTION for joinder in motion for order directing pre-trial production of documents pursuant to subpoena duces tecum [31-1] by Joel - Schoenfeld (ph) (Entered: 06/16/1999)
06/21/199933 MOTION for joinder in for motion for order directing pre-trial production of documents pursuant to subpoena duces tecum [31-1] by Mayer Hirsch (ph) (Entered: 06/22/1999)
07/01/199934 MEMORANDUM by plaintiff in opposition to deft's motion for order directing production of documents pretrial by 3rd party [31-1] ( no pgs: 19) (ph) (Entered: 07/02/1999)
07/01/199935 Document Sealed (pursuant to Court Order) by plaintiff in re: document 34 (ph) (Entered: 07/02/1999)
07/02/199936 MOTION to extend ddl for filing motions by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 07/06/1999)
07/07/199937 MOTION to extend time (30 days) for filing discovery motions by Mayer Hirsch (ph) (Entered: 07/08/1999)
07/12/199938 MOTION to extend ddl for filing motions (30 days) by Joel - Schoenfeld (ph) (Entered: 07/12/1999)
07/15/199939 ORDER by Judge Herman J. Weber in-court hearing/pending motions for pretrial production of documents set for 7/27/99 at 2:30 pm as to Joel - Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch, Moses Kraus (cc: all counsel) (ph) (Entered: 07/15/1999)
07/15/199940 ORDER by Judge Herman J. Weber granting motion to extend ddl for filing motions [36-1], granting motion to extend time (30 days) for filing discovery motions [37-1], granting motion to extend ddl for filing motions (30 days) [38-1]; discovery motion due by 8/9/99; substantive motions due by 9/9/99 in accordance with the terms of this order (cc: all counsel) (ph) (Entered: 07/15/1999)
07/15/199941 REPLY by defendants Louis and Moshe Kestenbaum to response to motion for order directing pre-trial production of documents pursuant to subpoena duces tecum [31-1] (ph) (Entered: 07/16/1999)
07/23/199942 MOTION for order to permit foreign travel by Moshe Kestenbaum (ph) (Entered: 07/26/1999)
07/27/199943 MINUTES: Defenants Joel Schoenfeld, Louis Kestenbaum, Moshe Kestenbau, Mayer Hirsch appeared for a Motion Hearing before Judge Herman J. Weber. Motions addressed - Order to issue. Ctrpt: J. Wolfer (Official) (do) (Entered: 07/29/1999)
07/30/199944 TRANSCRIPT of Proceedings before Judge Weber on 7/27/99 filed by Court Reporter Julie Wolfer (Oficial) (Pgs 1-44) (ph) (Entered: 08/02/1999)
07/30/199945 ORDER by Judge Herman J. Weber denying motion for order directing pre-trial production of documents pursuant to subpoena duces tecum [31-1], denying motion for joinder in motion for order directing pre-trial production of documents pursuant to subpoena duces tecum [31-1] [32-1], denying motion for joinder in for motion for order directing pre-trial production of documents pursuant to subpoena duces tecum [31-1] [33-1], granting motion for order to permit foreign travel [42-1] status conference reset for as to Joel - Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch, Moses Kraus (cc: all counsel) (ph) (Entered: 08/02/1999)
08/09/199946 MOTION for deft's notice o fintention to disclose classified info and for postponement of hearing by USA as to Joel - Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch, Moses Kraus (ph) (Entered: 08/09/1999)
08/09/199947 MOTION for deft's notice of defense based upon public authority by USA as to Joel - Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch, Moses Kraus (ph) (Entered: 08/09/1999)
08/09/199948 SEALED MOTION for protective order by USA (ph) Modified on 08/12/1999 (Entered: 08/10/1999)
08/10/199949 BOND ( Supplemental) by Moshe Kestenbaum (do) (Entered: 08/10/1999)
08/11/199950 ORDER by Judge Herman J. Weber granting motion for deft's notice of defense based upon public authority [47-1] (cc: all counsel) (ph) (Entered: 08/11/1999)
08/11/199951 ORDER by Judge Herman J. Weber granting motion for deft's notice o fintention to disclose classified info and for postponement of hearing [46-1] (cc: all counsel) (ph) (Entered: 08/11/1999)
08/12/199952 ORDER by Judge Herman J. Weber that pltf's motion for protective order 48 be sealed (cc: all counsel) (ph) (Entered: 08/12/1999)
08/25/199953 MOTION for order to permit foreign travel by Louis Kestenbaum (ph) (Entered: 08/25/1999)
08/25/199954 ORDER by Judge Herman J. Weber granting motion for order to permit foreign travel [53-1]; prior Order & Supplemental Bond with Travel Conditions (doc. 28) is reactivated for time period between 8/29/99 and 9/5/99 (cc: all counsel) (ph) (Entered: 08/25/1999)
09/08/199955 ORDER by Judge Herman J. Weber extending deft Schoenfeld's time to file COPA and Rule 12.3 Notices until 10/1/99 (cc: all counsel) (ph) (Entered: 09/08/1999)
09/09/199956 MOTION for order to permit foreign depositions by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 09/10/1999)
09/09/199957 MOTION for discovery , and for release of Brady materials by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 09/10/1999)
09/09/199958 MOTION for a bill of particulars by Joel - Schoenfeld (ph) (Entered: 09/10/1999)
09/21/199959 MOTION for joinder in for joinder in motion for discovery [57-1] by Joel - Schoenfeld (ph) (Entered: 09/21/1999)
09/29/199960 MEMORANDUM by plaintiff in opposition to defendant Schoenfeld's motion for bill of particulars [58-1] ( no pgs: 9) (ph) (Entered: 09/30/1999)
09/30/199961 MOTION to extend time until 11/12/99 for Government to respond to deft's discovery motions and for deft's to file substantive motions by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 09/30/1999)
10/04/1999  (Fugitive Status) Warrant issued for Moses Kraus (do) (Entered: 10/04/1999)
10/05/199965 MOTION for joinder in motion to extend time until 11/12/99 for Government to respond to deft's discovery motions and for deft's to file substantive motions [61-1] by Joel - Schoenfeld (ph) (Entered: 10/06/1999)
10/13/199966 REPLY by defendant to response to motion for a bill of particulars [58-1] (ph) (Entered: 10/14/1999)
10/14/199967 ORDER by Judge Herman J. Weber granting motion to extend time until 11/15/99 for Government to respond to deft's discovery motions and for deft's to file substantive motions [61-1], granting motion for joinder in motion to extend time until 11/15/99 for Government to respond to deft's discovery motions and for deft's to file substantive motions [61-1] [65-1] as to Joel - Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch, Moses Kraus (cc: all counsel) (ph) (Entered: 10/14/1999)
11/04/199968 ORDER by Judge Herman J. Weber status conference reset for 3/10/99 at 1:30 pm as to Joel - Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch, Moses Kraus (cc: all counsel) (ph) (Entered: 11/04/1999)
11/09/199969 MOTION to extend Deadline for Filing Motions by Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch (do) (Entered: 11/15/1999)
11/15/199970 ORDER by Judge Herman J. Weber. Defendants Motion to Extend Deadline for Filing Motions (#69) is GRANTED. (cc: all counsel) (do) (Entered: 11/15/1999)
11/15/199971 MOTION for joinder in motion to extend Deadline for Filing Motions [69-1] by Joel - Schoenfeld (ph) (Entered: 11/16/1999)
11/18/199972 MOTION to extend ddl for filing motions by defendants Louis Kestenbaum & Moshe Kestenbaum (ph) (Entered: 11/19/1999)
11/19/199973 ORDER by Judge Herman J. Weber granting motion to extend ddl for filing motions [72-1] motion filing ddl extended to 12/22/99 subject to the terms of this order (cc: all counsel) (ph) (Entered: 11/19/1999)
11/24/199974 MOTION to extend motion filing ddl by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 11/29/1999)
12/20/199975 MOTION to extend motion filing deadline until 1/14/00 by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 12/21/1999)
01/05/2000  MOTION TO PERMIT FOREIGN TRAVEL by Moshe Kestenbaum (do) (Entered: 01/06/2000)
01/05/2000  MOTION TO PERMIT FOREIGN TRAVEL by Moshe Kestenbaum (do) (Entered: 01/06/2000)
01/05/2000  MOTION TO PERMIT FOREIGN TRAVEL by Moshe Kestenbaum (do) (Entered: 01/06/2000)
01/05/200076 MOTION for order to permit foreign travel by Moshe Kestenbaum (ph) (Entered: 01/07/2000)
01/14/200077 MOTION to extend ddl for filing motions by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 01/14/2000)
01/14/200078 ORDER by Judge Herman J. Weber granting motion to extend motion filing ddl [74-1], granting motion to extend motion filing deadline until 1/14/00 [75-1]; pltf shall file response to deft's discovery motions by 1/14/00; reply due within 10 days; defts shall file dispositive motions by 1/14/00; pltfs reply due within 60 days; defts reply 30 days thereafter (cc: all counsel) (ph) (Entered: 01/18/2000)
01/18/200079 ORDER by Judge Herman J. Weber granting motion to extend ddl for filing motions [77-1]; pltf shall file its response to deft's discovery motions by 1/28/00; defts reply due within 10 days thereafter; defts shall file dispositive motions by 1/28/00; pltf's response due within 60 days; defts reply due 30 days thereafter (cc: all counsel) (ph) (Entered: 01/18/2000)
01/26/200080 ORDER by Judge Herman J. Weber granting in part and denying in part Moshe Kestenbaum's motion for order to permit foreign travel [76-1]; Court denies deft's request to modify existing order and issue a continuing order allowing him to travel abroad. Deft shall redeposit his passport with the Court upon his return. (cc: all counsel) (ph) (Entered: 01/26/2000)
01/26/200081 MOTION to extend ddl for filing motions by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 01/27/2000)
01/26/200082 MOTION for order to permit foreign travel by Louis Kestenbaum (ph) (Entered: 01/27/2000)
01/28/200083 ORDER by Judge Herman J. Weber granting motion for order to permit foreign travel [82-1]; prior Order & Supplemental Bond with Travel Conditions (#28) entered on 4/26/99 is reactivated for the time between 2/1/00 and 2/6/00 (cc: all counsel) (ph) (Entered: 01/28/2000)
01/28/200084 SUPPLEMENTAL APPEARANCE BOND by Louis Kestenbaum (ph) (Entered: 01/28/2000)
01/28/200085 SUPPLEMENTAL BOND ( Appearance) by Moshe Kestenbaum (ph) (Entered: 01/28/2000)
02/11/200086 MOTION for order to permit foreign travel by Louis Kestenbaum (ph) (Entered: 02/11/2000)
02/11/200087 ORDER by Judge Herman J. Weber granting motion by Louis Kestenbaum for order to permit foreign travel [86-1]; prior Order and Supplemental Bond with Travel Concitions (#28) are reactivated for the time period between 2/14/00 and 2/18/00 (cc: all counsel) (ph) (Entered: 02/15/2000)
02/18/200088 MOTION to extend ddl for filing motions by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 02/18/2000)
02/24/200089 CORRECTED MOTION to extend motion filing ddl to 3/17/00 by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 02/25/2000)
02/25/200090 ORDER by Judge Herman J. Weber granting motion to extend motion filing ddl to 3/17/00 [89-1], finding the motion to extend ddl for filing motions [88-1] moot., finding the motion to extend ddl for filing motions [81-1] moot. motion filing ddl extended to 3/17/00 as to defts (cc: all counsel) (ph) (Entered: 02/25/2000)
03/02/200091 MOTION for order to premit foreign travel by Louis Kestenbaum (ph) (Entered: 03/03/2000)
03/03/200092 ORDER by Judge Herman J. Weber status conference set for 3/10/00 is vacated (cc: all counsel) (ph) (Entered: 03/06/2000)
03/06/200093 Addendum/Supplement by defendant Louis Kestenbaum re motion for order to premit foreign travel [91-1] ( no pgs: 2) (ph) Modified on 11/29/2000 (Entered: 03/06/2000)
03/07/200094 ORDER by Judge Herman J. Weber granting motion for order to premit foreign travel [91-1]; prior Order & Supplemental Bond with travel conditions (#28) is reactivated for period between 3/11/00 and 3/19/00 (cc: all counsel) (ph) (Entered: 03/07/2000)
03/07/200095 MOTION to extend deadline for filing motions by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 03/09/2000)
03/14/200096 MOTION for order to permit foreign travel by Moshe Kestenbaum (ph) (Entered: 03/16/2000)
03/22/200097 ORDER by Judge Herman J. Weber granting motion to extend deadline for filing motions [95-1]; pltf shall file responses to deft's discovery motions by 4/7/00; deft's reply to 10 days thereafter; motion filing ddl reset for 4/7/00 as to Joel - Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch ; pltf's response due 60 days thereafter and deft's reply 30 days thereafter (cc: all counsel) (ph) (Entered: 03/22/2000)
03/22/200098 ORDER by Judge Herman J. Weber granting deft Moshe Kestenbaum's motion for order to permit foreign travel [96-1]; Prior Order 80 entered on 1/26/00 is reactivated for the period of 3/25/00 to 3/29/00 (cc: all counsel) (ph) (Entered: 03/23/2000)
03/29/200099 MOTION to extend deadline for filing motions by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 03/30/2000)
03/30/2000100 ORDER by Judge Herman J. Weber change of plea set for 4/6/00 at 1:30 pm as to Louis Kestenbaum, Moshe Kestenbaum (cc: all counsel) (ph) (Entered: 03/30/2000)
04/04/2000101 MOTION to extend ddl for filing motion (2 weeks) by Mayer Hirsch (ph) (Entered: 04/05/2000)
04/05/2000102 ORDER by Judge Herman J. Weber change of plea hearing set for 4/6/00 is cancelled as to Louis Kestenbaum, Moshe Kestenbaum (cc: all counsel) (ph) (Entered: 04/05/2000)
04/07/2000103 ORDER by Judge Herman J. Weber granting motion to extend ddl for filing motion (2 weeks) [101-1]; (cc: all counsel) (ph) (Entered: 04/07/2000)
04/14/2000104 MOTION for joinder all other motions filed by other defts by defts Louis Kestenbaum and Moshe Kestenbaum (ph) (Entered: 04/17/2000)
04/18/2000105 MOTION for joinder in motions of other defts by Joel - Schoenfeld (ph) Modified on 04/19/2000 (Entered: 04/19/2000)
04/18/2000106 MOTION for order to permit foreign travel by Moshe Kestenbaum (Proposed Order attached) (ph) (Entered: 04/19/2000)
04/19/2000107 MOTION to dismiss case by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 04/21/2000)
04/19/2000108 MOTION to sever their trial from Joel Schoenfeld by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 04/21/2000)
04/21/2000109 MOTION to dismiss indictment for failure to charge a crime by Joel - Schoenfeld (ph) (Entered: 04/24/2000)
04/21/2000110 MOTION to change venue by Joel - Schoenfeld (ph) (Entered: 04/24/2000)
04/21/2000111 MOTION to dismiss indictment as time-barred by Joel - Schoenfeld (ph) (Entered: 04/24/2000)
04/21/2000112 MEMORANDUM by plaintiff USA in opposition to defts Louis & Moshe Kestenbaum's motion for discovery [57-1] and motion for Brady materials [57-2] () (ph) (Entered: 04/24/2000)
04/21/2000113 MEMORANDUM by plaintiff USA in opposition to defts motion for disclosure under Brady and Rule 16 (ph) (Entered: 04/24/2000)
04/21/2000114 CIPA SECTION 6 (b) NOTICE by plaintiff USA (ph) (Entered: 04/24/2000)
04/21/2000115 MEMORANDUM by plaintiff USA in opposition deft's Rule 12.3 notice of a purported public authority defense ( no pgs: ) (ph) (Entered: 04/24/2000)
04/21/2000116 MEMORANDUM by plaintiff USA in opposition to motion to permit foreign depositions [56-1] () (ph) (Entered: 04/24/2000)
04/21/2000117 MOTION to dismiss charges in the indictment by Mayer Hirsch (ph) (Entered: 04/24/2000)
04/21/2000118 MOTION to sever by Joel - Schoenfeld (FILED UNDER SEAL (ph) (Entered: 04/26/2000)
04/21/2000119 MOTION to dismiss indictment for prosecutorial misconduct and other relief by Joel - Schoenfeld (FILED UNDER SEAL) (ph) (Entered: 04/26/2000)
04/27/2000120 ORDER by Judge Herman J. Weber granting motion for order to permit Moshe Kestenbaum foreign travel [106-1]; prior Order 80 is reactivate for the time period between 5/1/00 and 5/5/00 (cc: all counsel) (ph) (Entered: 04/27/2000)
04/27/2000121 STIPULATION and order by Judge Herman J. Weber : extending time for deft Schoenfeld to respond to various pleadings of the USA as contained in this order (ph) (Entered: 04/27/2000)
04/28/2000122 MOTION to extend time (2 weeks) to file reply memorandum by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 05/01/2000)
04/28/2000125 AMENDED MOTION for order to permit foreign travel to Israel from 5/6/00 to 5/11/00 by Moshe Kestenbaum (ph) (Entered: 05/08/2000)
05/05/2000123 ORDER by Judge Herman J. Weber granting motion to extend time (2 weeks) to file reply memorandum [122-1]; (extension granted until 5/19/00) (cc: all counsel) (ph) (Entered: 05/05/2000)
05/05/2000124 CORRECTED MEMORANDUM by defendant Mayer Hirsch in support motion to dismiss the charges in the indictment (ph) (Entered: 05/05/2000)
05/05/2000126 ORDER by Judge Herman J. Weber granting motion for order to permit foreign travel to Israel from 5/6/00 to 5/11/00 [125-1]; Court's prior Order 80 entered on 1/26/00 is reactivated (cc: all counsel) (ph) (Entered: 05/08/2000)
05/19/2000127 REPLY by defendants Louis Kestenbaum & Moshe Kestenbaum to response to motion for order to permit foreign depositions [56-1] (ph) (Entered: 05/22/2000)
05/19/2000128 REPLY by defendants Louis Kestenbaum & Moshe Kestenbaum to response to motion for discovery [57-1], motion for release of Brady materials [57-2] (ph) (Entered: 05/22/2000)
05/30/2000129 MOTION for order to permit foreign travel to South Africa between 6/4 and 6/8/2000 by Louis Kestenbaum (ph) (Entered: 05/31/2000)
05/31/2000130 ORDER by Judge Herman J. Weber granting deft Louis Kestenbaum's motion for order to permit foreign travel to South Africa between 6/4 and 6/8/2000 [129-1]; Prior Order & Supplemental Bond with travel conditions (doc #28) is reactivated (cc: all counsel) (ph) (Entered: 05/31/2000)
06/12/2000131 SEALED Court Reporter's TRANSCRIPT of Hearing before Judge Weber filed for the following date(s): 8/10/99 (ph) (Entered: 06/12/2000)
06/12/2000132 NOTICE of intent not to join deft Schoenfeld's motion for change of venue by defendants Louis Kestenbaum & Moshe Kestenbaum (ph) (Entered: 06/13/2000)
06/13/2000133 MOTION to extend time until 9/15/00 to respond to deft's pretrial motions by USA (ph) (Entered: 06/14/2000)
06/19/2000134 MOTION for order to permit foreign travel 6/21/00 and 6/29/00 by Louis Kestenbaum (ph) (Entered: 06/19/2000)
06/19/2000135 ORDER by Judge Herman J. Weber granting Louis Kestenbaum's motion for order to permit foreign travel 6/21/00 and 6/29/00 [134-1]; Prior Order & supplemental bond # 28 is reactivated (cc: all counsel) (ph) (Entered: 06/19/2000)
06/20/2000  NOTATION ORDER by Judge Herman J. Weber granting motion to extend time until 9/15/00 to respond to deft's pretrial motions [133-1] (cc: all counsel) (ph) (Entered: 06/20/2000)
06/20/2000136 Addendum/Supplement by defendant Louis Kestenbaum re motion for order to permit foreign travel 6/21/00 and 6/29/00 [134-1] () (ph) (Entered: 06/20/2000)
06/20/2000137 TRANSCRIPT of Proceedings in Chambers before Judge Weber on 3/11/99 filed by Court Reporter Julie Wolfer (Official) (FILED UNDER SEAL) (ph) (Entered: 06/20/2000)
06/20/2000138 TRANSCRIPT of Proceedings in Chambers before Judge Weber on 3/30/99 filed by Court Reporter Julie Wolfer (Official) (FILED UNDER SEAL) (ph) (Entered: 06/20/2000)
06/20/2000139 TRANSCRIPT of Proceedings in Chambers before Judge Weber on 7/27/99 filed by Court Reporter Julie Wolfer (Official) (FILED UNDER SEAL) (ph) (Entered: 06/20/2000)
06/21/2000140 MOTION for joinder in other motions filed by co-defendants by Mayer Hirsch (km) (Entered: 06/22/2000)
07/20/2000141 MOTION for order to permit froeign travel (7/30/00 & 8/4/00) by Louis Kestenbaum (ph) (Entered: 07/21/2000)
07/21/2000142 MOTION for order to permit foreign travel from 8/13/00 to 8/27/00 by Moshe Kestenbaum (ph) (Entered: 07/26/2000)
07/24/2000143 ORDER by Judge Herman J. Weber granting motion for order to permit froeign travel (7/30/00 & 8/4/00) [141-1]; the prior Order & Supplemental Bond 28 is reactivated for this period (cc: all counsel) (ph) (Entered: 07/26/2000)
08/03/2000144 ORDER by Judge Herman J. Weber granting motion by deft Moshe Kestenbaum for order to permit foreign travel from 8/13/00 to 8/27/00 [142-1] subject to the terms of this Order (cc: all counsel) (ph) (Entered: 08/03/2000)
08/08/2000145 Addendum/Supplement by defendant Moshe Kestenbaum re motion for order to permit foreign travel from 8/13/00 to 8/27/00 [142-1] () (ph) (Entered: 08/08/2000)
08/28/2000146 MOTION for order to premit foreign travel by Louis Kestenbaum (ph) (Entered: 08/28/2000)
08/30/2000147 ORDER by Judge Herman J. Weber granting motion for order to premit foreign travel [146-1] by deft Louis Kestenbaum Order (doc. 28) is reactivacted for period between 9/3/00 and 9/11/00 (cc: all counsel) (ph) (Entered: 08/30/2000)
09/14/2000  Arrest Warrant issued for Moses Kraus by Mag. Judge Timothy S. Hogan (ba) (Entered: 09/14/2000)
09/15/2000148 MEMORANDUM by plaintiff USA in opposition to motion for a severance [118-1] () (ph) (Entered: 09/18/2000)
09/15/2000149 MEMORANDUM by plaintiff USA in opposition to motion to sever [108-1] () (ph) (Entered: 09/18/2000)
09/15/2000150 MEMORANDUM by plaintiff USA in opposition to motion for change of venue [110-1] () (ph) (Entered: 09/18/2000)
09/15/2000151 MEMORANDUM by plaintiff USA in opposition to deft's motion to dismiss indictment as barred by statute of limitations [111-1], [107-1] & [117-1] (ph) (Entered: 09/18/2000)
09/15/2000152 MEMORANDUM by plaintiff USA in opposition to deft's motion to dismiss the indictment or counts [109-1] at 10, [107-1] at 56, [117-1] at III (ph) (Entered: 09/18/2000)
09/15/2000153 MEMORANDUM by plaintiff USA in opposition to deft's motions to join in other defts' motions [104-1], [105-1] & [140-1] () (ph) (Entered: 09/18/2000)
09/15/2000154 MEMORANDUM by plaintiff USA in opposition to defts motions to dismiss for preindictment delay [111-1] at 29, [107-1] at 41, [117-1] (ph) (Entered: 09/18/2000)
09/15/2000155 MEMORANDUM by plaintiff USA in opposition to motion to dismiss indictment [119-1] (FILED UNDER SEAL ) (ph) (Entered: 09/18/2000)
09/18/2000156 REPLY MEMORANDUM by defendant Joel - Schoenfeld in further support f his discovery and use at trial of classified info (FILED UNDER SEAL) (ph) (Entered: 09/18/2000)
09/18/2000157 AFFIDAVIT of Eugene Neal Kaplan in support of Joel - Schoenfeld's CIPA Applications (FILED UNDER SEAL) (ph) (Entered: 09/18/2000)
10/06/2000158 MOTION to extend time until 12/4/00 to respond to pltf response to deft's motion to dismiss by Mayer Hirsch (ph) (Entered: 10/10/2000)
10/10/2000159 MOTION to extend deadline for filing reply memorandum by defts Louis Kestenbaum & Moshe Kestenbaum (ph) (Entered: 10/11/2000)
10/10/2000160 MOTION to extend deadline to file reply papers on substantive motions by deft Joel - Schoenfeld (ph) (Entered: 10/11/2000)
10/11/2000161 ORDER by Judge Herman J. Weber granting motion to extend time until 12/4/00 to respond to pltf response to deft's motion to dismiss [158-1], granting motion to extend deadline for filing reply memorandum [159-1], granting motion to extend deadline to file reply papers on substantive motions [160-1] (cc: all counsel) (ph) (Entered: 10/12/2000)
11/09/2000162 MOTION for an order permitting foreign travel by Moshe Kestenbaum (km) (Entered: 11/13/2000)
11/16/2000163 ORDER by Judge Herman J. Weber granting deft Moshe Kestenbaum's motion for an order permitting foreign travel from 11/20/00 to 11/24/00; Order #144 entered on 8/4/00 is reactivated [162-1] (cc: all counsel) (ph) (Entered: 11/16/2000)
11/17/2000164 ORDER by Judge Herman J. Weber that deft Louis Kestenbaum is permitted to travel to Toronto Canada on 11/20/00 (cc: all counsel) (ph) (Entered: 11/17/2000)
11/22/2000165 MOTION to extend deadline until 1/9/01 for filing reply memo to pltfs opposition to motion to dismiss the indicatment by Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 11/22/2000)
11/29/2000166 MOTION for order to permit foreign travel to Montreal, Canada from 11/30/00 to 12/1/00 by Moshe Kestenbaum (ph) (Entered: 11/29/2000)
11/29/2000167 ORDER by Judge Herman J. Weber granting motion for order to permit foreign travel to Montreal, Canada from 11/30/00 to 12/1/00 [166-1] (cc: all counsel) (ph) (Entered: 11/29/2000)
11/29/2000168 MOTION for order to permit foreign travel to Montreal, Canada from 11/30/00 to 12/1/00 by Louis Kestenbaum (ph) Modified on 11/29/2000 (Entered: 11/29/2000)
11/29/2000169 ORDER by Judge Herman J. Weber granting motion for order to permit foreign travel [168-1] (cc: all counsel) (ph) (Entered: 11/29/2000)
11/30/2000170 ORDER by Judge Herman J. Weber granting defts Moshe & Louis Kestenbaum's motion to extend deadline until 1/9/01 for filing reply memo to pltfs opposition to motion to dismiss the indicatment [165-1] (cc: all counsel) (ph) (Entered: 12/01/2000)
12/01/2000171 MOTION to extend time to respond to Government's response to motion to dismiss by Mayer Hirsch (ph) (Entered: 12/05/2000)
12/05/2000172 MOTION for joinder in motions of defts Kestenbaum and for extension of time to file reply papers [108-1], [107-1], [104-1], [99-1], [69-1], [57-1], [57-2] & [56-1] by Joel - Schoenfeld (ph) (Entered: 12/05/2000)
12/20/2000173 MOTION to withdraw as attorney by Eugene Neal Kaplan counsel for deft Joel - Schoenfeld (ph) (Entered: 12/20/2000)
12/22/2000175 MOTION to withdraw as attorneys for defendant by the law firm Keating Muething & Klekamp and attorneys Jerome C Randolph, Susan Kost and Rachel A Rowe as to defendant Joel Schoenfeld (km) (Entered: 12/26/2000)
01/02/2001176 MOTION to extend time to file reply papers by Joel - Schoenfeld (ph) (Entered: 01/03/2001)
01/02/2001177 MOTION for order to permit foreign travel to Poland and Switzerland 1/13/01 to 1/25/01 by Moshe Kestenbaum (ph) (Entered: 01/03/2001)
01/03/2001178 MOTION to extend deadline for filing reply memo by Joel - Schoenfeld (ph) (Entered: 01/04/2001)
01/04/2001179 ORDER by Judge Herman J. Weber granting motion for order to permit foreign travel to Poland and Switzerland 1/13/01 to 1/25/01 [177-1]; prior Order 144 is reactivated for that time; deft may exchange his passport for the passport of a family member who is over eighteen years of age (cc: all counsel) (ph) (Entered: 01/04/2001)
01/04/2001180 ORDER by Judge Herman J. Weber setting hearing on motion to withdraw as attorney [173-1] and motion to withdraw as attorneys for defendant [175-1] at 1:30 1/19/01; Deft Shoenfeld and counsel of record for deft Schoenfeld are ordered to attend hearing (cc: all counsel) (ph) (Entered: 01/04/2001)
01/09/2001181 ORDER by Judge Herman J. Weber granting motion to extend time to file reply papers [176-1] pending determination of the issues at the hearing at which time the Court will also discuss future deadlines (cc: all counsel) (ph) (Entered: 01/09/2001)
01/09/2001182 REPLY by defendant Mayer Hirsch to response to motion to dismiss charges in the indictment [117-1] (km) (Entered: 01/11/2001)
01/09/2001183 REPLY by defendants Louis Kestenbaum and Moshe Kestenbaum to response to motion to dismiss case [107-1] (km) (Entered: 01/11/2001)
01/09/2001184 AFFIDAVIT of Martin S Pinales Esq filed by defendants Louis Kestenbaum and Moshe Kestenbaum in support of reply to response to motion to dismiss case [107-1] [183-1] (km) (Entered: 01/11/2001)
01/10/2001185 REPLY by defendants Louis Kestenbaum and Moshe Kestenbaum to response to motion to sever their trial from Joel Schoenfeld [108-1] (km) (Entered: 01/11/2001)
01/11/2001186 REPLY by defendant Louis Kestenbaum, defendant Moshe Kestenbaum to response to motion to dismiss case [107-1] (ph) (Entered: 01/16/2001)
01/11/2001187 Addendum/Supplement by defendant Louis Kestenbaum, defendant Moshe Kestenbaum re motion reply [186-1] () (ph) (Entered: 01/16/2001)
01/17/2001188 NOTICE of Withdrawl of Counsel by Susan Kost counsel for defendant Joel - Schoenfeld (ph) (Entered: 01/18/2001)
01/17/2001189 MOTION for order to permit foreign travel to London, Moscow and Warsaw between 1/22 and 1/26/01 by Louis Kestenbaum (ph) (Entered: 01/18/2001)
01/19/2001190 ORDER by Judge Herman J. Weber granting motion for order to permit foreign travel to London, Moscow and Warsaw between 1/22 and 1/26/01 [189-1] (cc: all counsel) (ph) (Entered: 01/19/2001)
01/19/2001191 MINUTES: Defendant Shoenfeld appeared for a Motion Hearing before Judge Herman J. Weber. Conference held in CHambers. Order to issue on Motion to Withdraw. (Ctrpt: J. Wolfer (Official) (do) (Entered: 01/22/2001)
01/22/2001192 ORDER by Judge Herman J. Weber granting in part and denying in part motions to withdraw as attorney [173-1] & [175-1]; counsel shall continue to represent deft until 3/15/01 or until successor counsel enters appearance; all files pertaining to case shall be transferred to Mr Schoenfeld of his successor counsel by present counsel as soon as possible the motion for lein is denied (cc: all counsel) (ph) Modified on 01/23/2001 (Entered: 01/23/2001)
02/07/2001193 MOTION for order to permit foreign travel to London, Moscow and Zurich between 2/18/01 and 2/25/01 by Louis Kestenbaum (ph) (Entered: 02/07/2001)
02/12/2001194 ORDER by Judge Herman J. Weber granting deft Louis Kestenbaum's motion for order to permit foreign travel to London, Moscow and Zurich between 2/18/01 and 2/25/01 [193-1]; Supplemental Bond with TGravel Conditions #28 is reactivated (cc: all counsel) (ph) (Entered: 02/12/2001)
02/16/2001195 REPLY by defendant Joel - Schoenfeld to response to motion to change venue [110-1] (ph) (Entered: 02/20/2001)
02/16/2001196 REPLY by defendant Joel - Schoenfeld to response to motion to sever [118-1] (ph) (Entered: 02/20/2001)
02/16/2001197 REPLY by defendant Joel - Schoenfeld to response to motion to dismiss indictment as time-barred [111-1] (ph) (Entered: 02/20/2001)
02/16/2001198 MEMORANDUM by defendant Joel - Schoenfeld in support o fmotion to join motions of co-defts (ph) (Entered: 02/20/2001)
02/20/2001199 MOTION for order to permit foreign travel between 2/27/01 and 3/6/01 by Louis Kestenbaum (ph) (Entered: 02/21/2001)
02/22/2001200 ORDER by Judge Herman J. Weber granting deft Louis Kestenbaum's motion for order to permit foreign travel between 2/27/01 and 3/6/01 [199-1] subject to the terms of this Order (cc: all counsel) (ph) (Entered: 02/22/2001)
03/09/2001201 MOTION for order to permit foreign travel from 3/25/01 to 3/30/01 by Louis Kestenbaum (ph) (Entered: 03/12/2001)
03/15/2001202 ORDER by Judge Herman J. Weber granting motion by Louis Kestenbaum for order to permit foreign travel from 3/25/01 to 3/30/01 [201-1]; prior Order/Supplemental Bond with Travel Conditions (#28) is reactivated (cc: all counsel) (ph) (Entered: 03/15/2001)
03/19/2001203 Addendum/Supplement by defendant Louis Kestenbaum re motion for order to permit foreign travel from 3/25/01 to 3/30/01 [201-1] () (ph) (Entered: 03/20/2001)
03/21/2001  NOTATION ORDER by Judge Herman J. Weber granting addendum/supplement to deft Louis Kestenbaum's motion to permit foreign travel in re 3/25/01 to 3/30/01 [203-1] (cc: all counsel) (ph) (Entered: 03/21/2001)
03/28/2001204 MOTION for order to permit foreign travel from 3/31/01 to 4/5/01 by Louis Kestenbaum (ph) (Entered: 03/28/2001)
03/28/2001205 MOTION to modify bond by Louis Kestenbaum (ph) (Entered: 03/28/2001)
03/30/2001206 ORDER by Judge Herman J. Weber granting motion by deft Louis Kestenbaum for order to permit foreign travel from 3/31/01 to 4/5/01 [204-1]; prior Order and Supplemental Bond with Travel Conditions (#28) is reactivated (cc: all counsel) (ph) (Entered: 04/02/2001)
04/03/2001207 Sealed Court Reporter's TRANSCRIPT of proceedings in Chambers before Judge Weber filed by Court Reporter Julie Wolfer (Official) for the following date(s): 1/19/01 (ph) (Entered: 04/04/2001)
04/10/2001208 MOTION for order to permit foreign travel from 4/16/01 to 4/24/01 by Louis Kestenbaum (ph) (Entered: 04/11/2001)
04/11/2001209 FINANCIAL AFFIDAVIT of Joel Schoenfeld (FILED UNDER SEAL) (ph) (Entered: 04/11/2001)
04/12/2001210 ORDER by Judge Herman J. Weber granting deft Louis Kestenbaum's motion for order to permit foreign travel from 4/16/01 to 4/24/01 [208-1]; prior Order & Supplemental Bond with Travel Conditions 28 is reactivated (cc: all counsel) (ph) (Entered: 04/12/2001)
04/12/2001211 Addendum/Supplement by defendant Louis Kestenbaum re motion for order to permit foreign travel from 4/16/01 to 4/24/01 [208-1] ( no pgs: 2) (ph) (Entered: 04/12/2001)
04/17/2001212 MEMORANDUM by plaintiff USA in opposition to deft Louis Kestenbaum's motion to modify bond [205-1] ( no pgs: 2) (ph) (Entered: 04/17/2001)
04/18/2001  NOTATION ORDER by Judge Herman J. Weber granting Supplement to motion by defendant Louis Kestenbaum for an order to permit foreign travel from 4/16/01 to 4/24/01 [208-1] [211-1] (cc: all counsel) (km) (Entered: 04/18/2001)
04/18/2001213 MOTION for Order permitting travel to Mexico City from 4/23/01 to 4/26/01 by defendant Moshe Kestenbaum (tt) (Entered: 04/19/2001)
04/23/2001214 ORDER by Judge Herman J. Weber granting motion for Order permitting travel to Mexico City from 4/23/01 to 4/26/01 [213-1] prior Order [179-1] is reactivated (cc: all counsel) (ph) (Entered: 04/23/2001)
04/25/2001215 REPLY by defendant Louis Kestenbaum to response to motion to modify bond [205-1] (ph) (Entered: 04/26/2001)
04/26/2001216 MOTION for order to permit foreign travel from 4/30/01 to 5/15/01 by Louis Kestenbaum (ph) (Entered: 04/27/2001)
04/27/2001217 ORDER by Judge Herman J. Weber granting motion for order to permit foreign travel from 4/30/01 to 5/15/01 [216-1] (cc: all counsel) (km) (Entered: 04/27/2001)
05/10/2001218 MOTION for order to permit foreign travel extended to 5/18/01 by Louis Kestenbaum (ph) (Entered: 05/10/2001)
05/11/2001219 ORDER by Judge Herman J. Weber granting deft Louis Kestenbaum's motion for order to permit foreign travel extended to 5/18/01 [218-1] subject to the terms of this Order (cc: all counsel) (ph) (Entered: 05/11/2001)
05/21/2001220 MOTION for order to permit foreign travel from 5/22/01 to 5/25/01 by Louis Kestenbaum (ph) (Entered: 05/21/2001)
05/21/2001221 ORDER by Judge Herman J. Weber granting motion for order to permit foreign travel from 5/22/01 to 5/25/01 [220-1] subject to the terms of this Order (cc: all counsel) (ph) (Entered: 05/21/2001)
05/23/2001222 ORDER by Judge Herman J. Weber in-court motion/evidentiary hearing set for 7/16/01 at 9 am and continued day to day until adjourned; Court will address all pending motions (cc: all counsel) (ph) (Entered: 05/23/2001)
05/24/2001223 MOTION for Order permitting foreign travel to England, Russia and Switzerland from 6/3/01 to 6/11/01 by defendant Louis Kestenbaum (tt) (Entered: 05/25/2001)
05/29/2001224 ORDER by Judge Herman J. Weber granting motion for Order permitting foreign travel to England, Russia and Switzerland from 6/3/01 to 6/11/01 by defendant Louis Kestenbaum [223-1] subject to the terms of this Order (cc: all counsel) (ph) (Entered: 05/30/2001)
06/04/2001225 ORDER by Judge Herman J. Weber in-court hearing set for 7/16/01 is reset for 8/6/01 at 10 am (cc: all counsel) (ph) (Entered: 06/04/2001)
06/06/2001226 MOTION for order to permit foreign travel from 6/10/01 to 6/18/01 by Louis Kestenbaum (ph) (Entered: 06/07/2001)
06/07/2001227 ORDER by Judge Herman J. Weber granting motion for order to permit foreign travel from 6/10/01 to 6/18/01 [226-1] subject to the terms of this Order (cc: all counsel) (ph) (Entered: 06/07/2001)
06/14/2001228 MOTION for order to permit foreign travel from 6/17/01 to 6/22/01 by Louis Kestenbaum (ph) (Entered: 06/14/2001)
06/15/2001229 ORDER by Judge Herman J. Weber granting motion for order to permit foreign travel from 6/17/01 to 6/22/01 [228-1] subject to the terms of this Order (cc: all counsel) (ph) (Entered: 06/15/2001)
06/20/2001230 MOTION for Order permitting travel to England, Switzerland and Russia between 6/24/01 and 6/29/01 for business purposes by defendant Louis Kestenbaum (tt) (Entered: 06/22/2001)
06/22/2001231 ORDER by Judge Herman J. Weber granting deft Louis Kestenbaum's motion for Order permitting travel to England, Switzerland and Russia between 6/24/01 and 6/29/01 for business purposes subject to the terms of this Order [230-1] (cc: all counsel) (ph) (Entered: 06/25/2001)
06/27/2001232 MOTION for order to permit foreign travel from 7/1/01 to 7/6/01 by Louis Kestenbaum (ph) (Entered: 06/28/2001)
06/28/2001233 ORDER by Judge Herman J. Weber granting deft Louis Kestembaum's motion for order to permit foreign travel from 7/1/01 to 7/6/01 [232-1] subject to the terms of this Order (cc: all counsel) (ph) (Entered: 06/28/2001)
07/11/2001234 MOTION for order to permit foreign travel from 7/14/01 to 7/20/01 by Louis Kestenbaum (ph) (Entered: 07/12/2001)
07/12/2001235 ORDER by Judge Herman J. Weber granting deft Louis Kestenbaum's motion for order to permit foreign travel from 7/14/01 to 7/20/01 [234-1] subject to the terms of this Order (cc: all counsel) (ph) (Entered: 07/12/2001)
07/23/2001236 STIPULATION re authenticity of certain attachments to affidavit of Martin S Pinales in support of Louis & Moshe Kestenbaum's motion to dismiss [184-1] (ph) (Entered: 07/24/2001)
07/25/2001237 REQUEST for order to permit foreign travel from 7/29/01 to 8/3/01 by defendant Louis Kestenbaum (ph) (Entered: 07/26/2001)
07/26/2001238 ORDER by Judge Herman J. Weber granting deft Louis Kestenbaum's request motion for order to permit foreign travel from 7/29/01 to 8/3/01 by defendant Louis Kestenbaum [237-1] subject to the terms of this Order (cc: all counsel) (ph) (Entered: 07/26/2001)
08/02/2001239 REQUEST for order to permit foreign travel from 8/6/01 to 8/13/01 by defendant Louis Kestenbaum (ph) (Entered: 08/03/2001)
08/02/2001240 MOTION for attorney J Jay Lobell to appear pro hac vice by deft's Louis Kestenbaum, Moshe Kestenbaum (ph) (Entered: 08/03/2001)
08/06/2001241 STIPULATION by deft Schoenfeld and USA as to authenticity of certain attachments in re docs [109-1], [111-1], [151-1] and [197-1] (ph) (Entered: 08/07/2001)
08/06/2001242 MINUTES: Defendants Schoenfeld, L. Kestenbau, M. Kestenbaum & M. Hirsch appeared for a Motion Hearing before Judge Herman J. Weber. Arguments of counsel present. Hearing recessed to 8/7/01 at 9AM. Ctrpt: M. Ranz(Official) (do) (Entered: 08/07/2001)
08/07/2001243 TRANSCRIPT of Excerpt of Ms Brinkman's Statement 8/6/01 Late Afternoon Session before Judge Weber filed by Court Reporter Mary Ann Ranz (Official) (ph) (Entered: 08/07/2001)
08/07/2001244 ORDER by Judge Herman J. Weber granting request motion for order to permit foreign travel from 8/7/01 to 8/13/01 by defendant Louis Kestenbaum [239-1] subject to the terms of this Order (cc: all counsel) (ph) (Entered: 08/07/2001)
08/07/2001245 MINUTES: Motion Hearing Day 2 (as to defts 1,2,3,4) before Judge Herman J. Weber. Briefing schedule established. Exhibits admitted. Order to issue. Ctrpt: M. Ranz (Official) in a.m. and W.Raymer(Ace Rpt) in p.m. (do) (Entered: 08/08/2001)
08/07/2001  NOTATION ORDER by Judge Herman J. Weber granting motion for attorney J Jay Lobell to appear pro hac vice [240-1] (cc: all counsel) (ph) (Entered: 08/10/2001)
08/08/2001246 SEALED PROTECTIVE ORDER by Judge Herman J. Weber : granting motion for protective order [48-1] (cc: all counsel) ( no pgs: 10) (ph) (Entered: 08/08/2001)
08/09/2001247 REQUEST for order to permit foreign travel from 8/12/01 to 8/27/01 by defendant Louis Kestenbaum (ph) (Entered: 08/10/2001)
08/10/2001248 ORDER by Judge Herman J. Weber (1) granting USA's motion for protective order [48-1]; the Order is placed UNDER SEAL pending further Order of the Court; (2) denying deft Schoenfeld's motion for a bill of particulars [58-1]; (3) Ruling on deft Schoenfeld's motion to change venue [110-1] is deferred; (4) denying without prejudice defts' motion for order to permit foreign depositions [56-1]; (5) granting in part and denying in part defts' motion for discovery [57-1] and motion for release of Brady materials [57-2] subject to the terms of this Order; (6) defts motions to dismiss {107], 109 , 111 , 117 , 119 shall proceed according to the schedule contained in this Order, BYR Order; (7) granting in part and denying in part defts motions for joinder [59-1], [71-1], [104-1], [105-1], [140-1] and [172-1] subject to the terms of this Order; (8) deft Louis Kestenbaum's motion to modify bond 205 is referred to Pretrial Services. (cc: all counsel) (ph) (Entered: 08/10/2001)
08/13/2001249 MINUTES: Case called for a Motion Conference re Deft Louis Kestenbaum's Motion to Travel before Judge Herman J. Weber. Amended Appearance Bond to issue after requirement are met.Ctpt: B. Schwab (Official) (do) (Entered: 08/13/2001)
08/14/2001250 ORDER by Judge Herman J. Weber that the Clerk is directed to file Amended Appearance Bond for deft Louis Kestenbaum; the Amended Appearance Bond is additional security and is added to all other Bonds as they pertian to deft Louis Kestenbaum (cc: all counsel) (ph) (Entered: 08/16/2001)
08/14/2001251 AMENDED APPEARANCE BOND (Surety) by Louis Kestenbaum (ph) (Entered: 08/16/2001)
08/20/2001252 TRANSCRIPT of Proceedings before Judge Weber on 8/7/01 (Afternoon Session 2nd Day) filed by Court Reporter Wendy L Raymer (Ace Reporting) (ph) (Entered: 08/21/2001)
08/27/2001253 TRANSCRIPT of First Day of Hearing before Judge Weber on 8/6/01 filed by Court Reporter Mary Ann Ranz (Official) (pgs 1-176) (ph) (Entered: 08/27/2001)
08/27/2001254 TRANSCRIPT of Second Day of Hearing (Morning Session) Before Judge Weber on 8/7/01 filed by Court Reporter Mary Ann Ranz (Official (pgs 1-108) (ph) (Entered: 08/27/2001)
09/17/2001255 TRANSCRIPT of Proceedings filed by Betty Schwab Official Court Reporter on conference held in chambers before J Weber o n 8/13/01 on defts 2 Louis Kestenbaum; 19 pages (vp) (Entered: 09/17/2001)
10/18/2001256 MOTION to extend briefing schedule by defts Louis Kestenbaum & Moshe Kestenbaum (ph) (Entered: 10/22/2001)
10/19/2001257 MOTION to extend time to file memo in support of motion to dismiss by Mayer Hirsch (ph) (Entered: 10/22/2001)
10/22/2001258 MOTION to extend time until 10/29/01 to file Proposed Findings of Fact & Conclusions of Law by Joel - Schoenfeld (ph) (Entered: 10/23/2001)
10/25/2001259 ORDER by Judge Herman J. Weber granting in part and denying in part deft's motions to extend time to file [256-1], [257-1] & [258-1]; deft shall file by 11/5/01; Government's response due by 2/12/02; defts reply due by 3/14/02; Court finds that the time is excludable (cc: all counsel) (ph) (Entered: 10/25/2001)
11/05/2001260 Proposed Findings of Fact by defendant Louis Kestenbaum, defendant Moshe Kestenbaum in support of motions to dismiss (ph) (Entered: 11/05/2001)
11/05/2001261 MEMORANDUM by defendant Mayer Hirsch in support of hearing held 8/6/01 ( no pgs: ) (ph) (Entered: 11/05/2001)
11/05/2001262 Proposed Findings of Fact and Conclusions of Law by defendant Joel Schoenfeld in support of motion to dismiss indictment [111-1] (km) (Entered: 11/06/2001)
12/12/2001263 MOTION for order to permit foreign travel from 12/31/01 to 1/7/02 by Moshe Kestenbaum (ph) (Entered: 12/13/2001)
12/18/2001264 ORDER by Judge Herman J. Weber granting motion for order to permit foreign travel from 12/31/01 to 1/7/02 [263-1] (cc: all counsel) (ph) (Entered: 12/18/2001)
12/28/2001265 MOTION to modify bond by Moshe Kestenbaum (ph) (Entered: 01/02/2002)
01/23/2002266 MEMORANDUM by plaintiff USA in opposition to deft Moshe Kestenbaum's motion to modify bond [265-1] ( no pgs: 3) (ph) (Entered: 01/24/2002)
01/25/2002267 ORDER by Judge Herman J. Weber setting hearing on motion to modify bond [265-1] at 1:30 1/29/02 (cc: all counsel) (ph) (Entered: 01/25/2002)
01/29/2002268 MINUTES: Chambers Conference before Judge Herman J. Weber. Motion for modification of Bond addressed. Amended Bond and Order to issue. Ctrpt: J. Wolfer (Official) (do) (Entered: 01/29/2002)
01/29/2002269 ORDER by Judge Herman J. Weber granting deft Moshe Kestenbaum's motion to modify bond [265-1]; Clerk is directed to file the Amended Appearance Bond for deft Moche Kestenbauml; Amended Appearance Bond is additional security and is added to all other Bonds in this matter as to deft Moshe Kestenbaum (cc: all counsel) (ph) (Entered: 01/30/2002)
02/08/2002270 TRANSCRIPT of Proceedings in Chambers (Motion Conference) before Judge Weber on 1/29/02 filed by Court Reporter Julie Wolfer (Official) (Pgs 1-9) (ph) (Entered: 02/11/2002)
02/12/2002271 Proposed Findings of Fact & Conclusions of Law by plaintiff USA (Failure To Charge An Offense In Counts 2-24) (ph) (Entered: 02/13/2002)
02/12/2002272 Proposed Findings of Fact & Conclusions of Law by plaintiff USA (Preindictment Delay) (ph) (Entered: 02/13/2002)
02/12/2002273 Proposed Findings of Fact & Conclusions of Law by plaintiff USA (Statute Of Limitations) (ph) (Entered: 02/13/2002)
02/12/2002274 Proposed Findings of Fact & Conclusions of Law by plaintiff USA (Motion to Sever from Deft Joel Schoenfeld) (ph) (Entered: 02/13/2002)
02/12/2002275 Proposed Findings of Fact & Conclusions of Law by plaintiff USA (Motion To Sever From The Other Defts) (ph) (Entered: 02/13/2002)
02/12/2002276 Proposed Findings of Fact & Conclusions of Law by plaintiff USA (Transfer Of Venue To The Eastern District Of New York) (ph) (Entered: 02/13/2002)
02/12/2002277 HIGHLIGHTED STATEMENT by plaintiff USA regarding deft's Proposed Findings Of Fact & Conclusions Of Law [260-1] & [262-1] (ph) (Entered: 02/13/2002)
02/14/2002278 MOTION for order to permit foreign travel from 2/17/02 to 2/19/02 to Mexico for business by Moshe Kestenbaum (ph) (Entered: 02/15/2002)
02/14/2002279 ORDER by Judge Herman J. Weber granting motion for order to permit foreign travel from 2/17/02 to 2/19/02 to Mexico for business [278-1]; prior Order #264 is reactivated for period from 2/17 - 2/19/02 (cc: all counsel) (ph) (Entered: 02/15/2002)
02/21/2002280 AMENDED BOND ( Surety) by Moshe Kestenbaum, pursuant to Order by Judge Weber on January 29, 2002. (do) (Entered: 02/21/2002)
03/12/2002281 MOTION to extend time until 3/21/02 to respond to USA's Proposed Findings Of Fact & Conclusions Of Law by Joel - Schoenfeld (ph) (Entered: 03/13/2002)
03/13/2002282 MOTION for joinder in deft Schoenfeld's motion to extend time until 3/21/02 to respond to USA's Proposed Findings Of Fact & Conclusions Of Law [281-1] by Louis Kestenbaum & Moshe Kestenbaum (ph) (Entered: 03/14/2002)
03/19/2002283 ORDER by Judge Herman J. Weber granting motion to extend time until 3/21/02 to respond to USA's Proposed Findings Of Fact & Conclusions Of Law [281-1], granting motion for joinder in deft Schoenfeld's motion to extend time until 3/21/02 to respond to USA's Proposed Findings Of Fact & Conclusions Of Law [281-1] [282-1] as to Louis Kestenbaum, Moshe Kestenbaum (cc: all counsel) (ph) (Entered: 03/19/2002)
03/21/2002284 COLOR-CODED RESPONSE by defendants Louis Kestenbaum and Moshe Kestenbaum to Proposed Findings of Fact and Conclusions of Law (Statute of Limitations) [273-1] (Preindictment Delay) [272-1] and (Failure to Charge an Offense in Counts 2-24) [271-1] (km) (Entered: 03/22/2002)
03/21/2002285 REPLY by defendants Louis Kestenbaum and Moshe Kestenbaum in response to USA's Proposed Finding of Fact and Conclusions of Law re motion to dismiss indictment [260-1] (km) (Entered: 03/22/2002)
03/21/2002286 RESPONSE by defendant Joel Schoenfeld to Proposed Findings of Fact and Conclusions of Law (Preindictment Delay) [272-1] (km) (Entered: 03/22/2002)
03/21/2002287 RESPONSE by defendant Joel Schoenfeld to Proposed Findings of Fact and Conclusions of Law (Motion to Sever from deft Schoenfeld) [274-1] (Motion to Sever from Other Defts) [275-1] and (Transfer of Venue to the Eastern District of New York) [276-1] (km) (Entered: 03/22/2002)
03/21/2002288 RESPONSE by defendant Joel Schoenfeld to Proposed Findings of Fact and Conclusions of Law (Statute of Limitations) [273-1] (km) (Entered: 03/22/2002)
03/21/2002289 RESPONSE by defendant Joel Schoenfeld to Proposed Finding of Fact and Conclusions of Law (Failure to Charge An Offense in Counts 2-24) [271-1] (km) (Entered: 03/22/2002)
03/27/2002290 RESPONSE by defendants Louis Kestenbaum & Moshe Kestenbaum to USA's Proposed Findings of Fact & Conclusions of Law [277-1] (ph) (Entered: 03/27/2002)
03/27/2002291 NOTICE of filing amended response by defendants Louis Kestenbaum and Moshe Kestenbaum (ph) (Entered: 03/27/2002)
06/21/2002292 MOTION for order to permit an exchange of passports and allow foreign travel by Louis Kestenbaum (Proposed Order attached) (ph) (Entered: 06/25/2002)
06/28/2002293 ORDER by Judge Herman J. Weber granting deft Louis Kestenbaum's motion for order to permit an exchange of passports and allow foreign travel from 6/30/02 to 7/12/02 [292-1] in accordance with the terms of this Order (cc: all counsel) (ph) (Entered: 06/28/2002)
07/10/2002294 AMENDMENT by defendant Louis Kestenbaum to motion to permit an exchange of passports and allow foreign travel [292-1] (ph) (Entered: 07/11/2002)
07/12/2002295 ORDER by Judge Herman J. Weber granting amended moton to permit an exchange of passports and allow foreign travel [294-1] subject to the terms of this Order (cc: all counsel) (ph) (Entered: 07/15/2002)
07/29/2002296 ORDER by Judge Herman J. Weber denying motion to dismiss case [107-1], denying motion to dismiss indictment as time-barred [111-1], denying motion to dismiss charges in the indictment [117-1] (cc: all counsel) (ph) (Entered: 07/29/2002)
08/15/2002297 MOTION to modify bond conditions by Mayer Hirsch (ph) (Entered: 08/16/2002)
08/28/2002298 MEMORANDUM by plaintiff in opposition to deft Myer Hirsch's motion to modify conditions of bond [297-1] ( no pgs: 3) (ph) (Entered: 08/29/2002)
09/20/2002299 ORDER by Judge Herman J. Weber setting hearing on motion to modify bond conditions [297-1] at 10:00 10/15/02 (cc: all counsel) (ph) (Entered: 09/20/2002)
10/11/2002300 MOTION for order to vacate hearing date by Mayer Hirsch (ph) (Entered: 10/11/2002)
10/11/2002301 MEMORANDUM by defendant Mayer Hirsch in support motion to modify bond conditions ( no pgs: 2) (ph) (Entered: 10/11/2002)
11/12/2002302 ORDER by Judge Herman J. Weber granting in part and denying in part motion to modify bond conditions [297-1] denying motion for order to vacate hearing date [300-1] (cc: all counsel) (ph) (Entered: 11/12/2002)
10/27/2004303 MOTION Requesting Substitution of Passports by Louis Kestenbaum. (Pinales, Martin) (Entered: 10/27/2004)
10/29/2004304 ORDER granting 303 Motion as to Louis Kestenbaum (2)for Substitution of Passports. Signed by Judge Herman J. Weber on 10/28/04. (do, ) (Entered: 10/29/2004)
11/15/2004305 MOTION to Substitute Attorney by USA as to Joel - Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch, Moses Kraus. (Hunt, William) (Entered: 11/15/2004)
11/17/2004306 ORDER granting 305 Motion to Substitute Bill Hunt as Attorney for USA. as to Joel - Schoenfeld (1), Louis Kestenbaum (2), Moshe Kestenbaum (3), Mayer Hirsch (4), Moses Kraus (5). Signed by Judge Herman J. Weber on 11/17/04. (ph, ) Modified on 11/18/2004 (ph, ). (Entered: 11/17/2004)
12/20/2004307 Receipt for SURRENDER of Passport as to Moshe Kestenbaum (substituted for the passport of son, Solomon Kestenbaum) Passport Number 084495580 issued by USA - Passport of Solomon Kestenbaum returned to Defense counsel (kfj, ) (Entered: 12/28/2004)
02/04/2005308 Joint MOTION for Termination of Pretrial Supervision by Joel - Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum. (Pinales, Martin) (Entered: 02/04/2005)
02/08/2005309 MOTION terminate pretrial services supervision by Mayer Hirsch. (Mulligan, Leo) (Entered: 02/08/2005)
02/14/2005310 ORDER granting 308 and Terminating Pretrial Supervision as to Joel Schoenfeld, Louis Kestenbaum and Moshe Kestenbaum. Signed by Judge Herman J. Weber on 2/14/05. (do, ) (Entered: 02/14/2005)
02/14/2005311 ORDER granting 309 Motion and Terminating Pretrial Supervision as to Mayer Hirsch (4). Signed by Judge Herman J. Weber on 2/14/05. (do, ) (Entered: 02/14/2005)
05/17/2005312 MOTION Substitution of Passports by Louis Kestenbaum. (Pinales, Martin) (Entered: 05/17/2005)
05/18/2005313 ORDER granting 312 Motion for substitution of passports as to Louis Kestenbaum (2). Signed by Judge Herman J. Weber on 5/18/05. (do, ) (Entered: 05/18/2005)
06/29/2005314 SUPERSEDING INFORMATION as to Amru International Trading Corp. Arraignment set for 6/29/2005 09:00 AM in Courtroom 1 before Herman J. Weber. (do, ) (Entered: 07/08/2005)
06/29/2005315 Minute Entry for proceedings held before Judge Herman J. Weber :Plea and Sentencing Hearing held on 6/29/2005 as to Amru International Trading Corp. Waiver of Indictment accepted. Court accepts the Superceding Information. Guilty Plea to One Count Information entered. Court proceeds to sentencing hearing as to Count 1 of the Superceding Information for Amru International Trading Corp.. Sentence imposed: 5 years Probation with special conditions, Fine in the amount of $250,000 and a $400.00 special assessment. (Court Reporter J. Wolfer (Official).) (do, ) Modified on 7/11/2005 (do, ). (Entered: 07/08/2005)
06/29/2005316 WAIVER of INDICTMENT by Amru International Trading Corp. (do, ) (Entered: 07/08/2005)
06/29/2005317 ELEMENTS OF THE OFFENSE as to Amru International Trading Corp. (do, ) (Entered: 07/08/2005)
06/29/2005318 STATEMENT OF FACTS as to Amru International Trading Corp. (do, ) (Entered: 07/08/2005)
06/29/2005319 PLEA AGREEMENT as to Amru International Trading Corp. (do, ) (Entered: 07/08/2005)
06/29/2005320 JUDGMENT as to Amru International Trading Corp. (6), Count(s) 1, 5 Years Probation; Fine of $250,000.00 suspending what is paid to charities; Assessment of $400; finding restitution has been paid and $200,000 has been paid to charities. Signed by Judge Herman J. Weber on 6/29/05. (ss, ) (Entered: 07/08/2005)
06/29/2005321 STATEMENT OF AUTHORITY as to Joel - Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch, Moses Kraus. (do, ) (Entered: 07/08/2005)
06/29/2005322 ORDER dismissing 109 Motion as to Joel Schoenfeld (1); dismissing 110 Motion for Change of Venue as to Joel Schoenfeld (1); dismissing 118 Motion to Sever Defendant as to Joel Schoenfeld (1); dismissing 119 Motion as to Joel Schoenfeld (1); dismissing 108 Motion to Sever Defendant as to Louis Kestenbaum (2), Moshe Kestenbaum (3). Signed by Judge Herman J. Weber on 6/29/05. (do, ) (Entered: 07/08/2005)
06/29/2005323 ORDER approving Dismissal of Indictment pursuant to Rule 48(a) of the Federal Rules of Criminal Procedure as requested by the USA as to Joel Schoenfeld, Louis Kestenbaum, Moshe Kestenbaum, Mayer Hirsch, Moses Kraus. Signed by Judge Herman J. Weber on 6/29/05. (do, ) Modified on 7/11/2005 (do, ). (Entered: 07/08/2005)
06/29/2005324 ORDER for Return of Passports and Stock Certificates and Release of Bonds. Signed by Judge Herman J. Weber on 6/29/05. (do, ) (Entered: 07/08/2005)
07/21/2005325 TRANSCRIPT of Proceedings/Arraignment and Sentencing on Superseding Information as to Amru International Trading Corp. held on 6/29/05 before Judge Herman J. Weber. Court Reporter: Julie Wolfer (Official). (Filed Manually) (do, ) (Entered: 07/21/2005)
10/27/2005326 NOTICE of receipt as to Joel - Schoenfeld filed Manually (UNDER SEAL) (ph, ) (Entered: 10/27/2005)
03/31/2006327 ARREST Warrant Returned Unexecuted in case as to Moses Kraus. (ph, ) (Entered: 03/31/2006)
04/10/2007328 ORDER TERMINATING PROBATION as to Amru International Trading Corp. . Signed by Judge Herman J. Weber on 4/9/07. (ph, ) (Entered: 04/10/2007)

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Daniel Goldstein say they’ve been maligned, defend their record



Daniel Goldstein, managing partner of E&M Management, the owners of local residential properties like 217-unit Sunset Garden, said his company has been painted in an inaccurate and unfavorable light by some residents and Town of Ulster officials.

“I know me, per se, not just our team,” said Goldstein in an interview. “We’re the type of landlords that care very, very much.”

E&M Management purchased Sunset Garden at 45 Birch Street and Lakeshore Villas, a 151-unit property in Port Ewen, from Morgan Communities in March of this year for $44 million, expanding a local portfolio which also includes Kingston Waterfront and 30 Black Creek Road in Highland. According to its website, most of their other properties are in Nassau County and Far Rockaway, a Queens neighborhood not far from their headquarters in Lawrence.

Residents from some of those properties, including Sunset Garden, met at the Russell Brott Senior Center last month, a gathering attended by municipal leaders and local legislators. They described a property falling into disrepair and a property owner unwilling to do anything about it. They said tenants were not having their leases renewed to put them in a more precarious position of being subject to eviction on a whim as retaliation for speaking up, and at least two tenants said that was exactly what had happened to both of them. They said intimidation was used as means to an end, the dismissal of residents who might be home during the day, older tenants, and those who challenged E&M with the hopes of replacing them with potentially deep-pocketed millennials.

Goldstein and Yitzhak “Yitz” Horowitz, E&M’s director of property management, said the claims against them are categorically untrue, and say both their behavior and paperwork prove it.

“When we first took over the building, of course the building was [in] neglect,” said Goldstein. “The first thing that we did is, we installed smoke detectors in the hallways, with emergency lighting, we changed all the lighting to LED lighting, and we started painting the hallways. That was over $100,000 right there. We’re still not done with the hallways, we’re painting them. It’s a lot of work, it’s a lot of buildings, and to do that kind of work it’s a big undertaking.”

Goldstein described other work E&M has undertaken at Sunset Garden, including replacing sewer mains in three buildings (between $35,000-40,000 for each), the replacement of numerous terraces with rotten wood ($30,000), apartment renovations (over $150,000), fixing concrete in exterior stairways ($25,000), and pool repairs ($30,000).

“Then we went ahead and we installed a playground,” said Goldstein, which he said came with a $120,000 price tag and was the result of an informal survey of tenants during a community barbecue in the spring. Goldstein added that the playground will not be complete until the spring, because while the structure has already been installed, work to complete the safety foam surfacing surrounding the playground cannot be undertaken until the threat of snowfall has passed.

“And I can promise you this, you can go to any county, any town, any village, any city, you won’t find any municipal park as nice as hours,” said Horowitz. “The school district should bus their kids in to play on our playground. That’s how nice it is. I’m not kidding. If I had this park in my backyard as a child, it’s like a dream come true.”

Goldstein said that the claim that most tenants have not been offered new leases is inaccurate, adding that it wouldn’t make financial sense as a property owner to lose tenants.

“We need to pay the mortgage,” he said. “Because if we can’t pay the mortgage then we can just go to bankruptcy. We need the tenants, we want them to be happy, we don’t want the turnover. Why in the world would we want to go there and upset the wheel? That is not our intention.”

Horowitz also disputed claims that he opposed the idea of a tenants’ association, saying that he’d attended their first meeting, but that he hadn’t been invited back, something he said may be contributing to the perceived disconnect between tenants and management.

“It’s unfortunate, because the whole idea of a tenants’ association is that you do want to get things done, and you do want solutions, and you do want answers,” he said. “I don’t understand what else is the reason for it.”

There was also a claim by tenants that E&M has been arbitrarily charging tenants water and sewer fees without having the means to determine usage. Horowitz said that tenants were being billed for water and sewer by Morgan Communities before E&M bought the property, and that the practice is encouraged by the New York State Energy Research and Development Authority (NYSERDA) to give consumers a sense of the impact their choices have. Furthermore, Goldstein added, E&M isn’t coming up with the figures they charge tenants, it’s done by American Utility Management, an Illinois-based company that coordinates billing for multifamily properties.

“They have sensors on each riser that goes to the apartments, and they measure somehow the water,” said Goldstein. “We don’t do it. They bill us for each tenant, we pay the master bill and then we bill the tenant. They show us what they charge. We have no way of doing it. This is an outside company that does it for everyone.”

But it’s not just tenants who are seeing issues at Sunset Garden, it’s also Town of Ulster Building Inspector Kathryn Moniz, who said she spends one day each week dealing with problems on the property.

“I have matters of infestation, both rats and roaches,” said Moniz last month. “I have floors that are lifting. We’ve had sewer backups that were not taken care of like they’re supposed to be, which led to an issue of sanitation. We have handrails in common halls that serve no purpose because one is attached at the top but not at the return. I have big, gaping holes in the hallways that I’ve asked to be fixed because it’s a fire issue. They’ve taken out a laundry facility, and now I think there’s one for the whole complex. We have lighting issues.”

E&M acknowledges that some of the issues raised by Moniz are true, but they added that they’re problems the company inherited due to a poor maintenance record by the previous owner and that they’re still trying to work their way through them.

“And it’s going to take time, of course, to bring it back up to where it should be,” said Goldstein. “Obviously it can’t happen overnight. But one thing I can tell you is that by the spring most of these issues are going to be fixed. Because it takes about a year once you take over to do all the repairs.”

E&M said tenants may still be getting used to how they maintain a property, preferring to have an on-site superintendent rather than an office that’s only open during regular business hours. They added that the super, Richard Thompson, is a licensed plumber who can deal with numerous issues that might arise, narrowing the response time because they don’t always have to seek assistance from elsewhere.

Goldstein said that there’s a reason people are wary of landlords, though that necessarily doesn’t mean all landlords are bad.

“There are a lot of landlords out there that are not good, that give a bad name to landlords,” he said. “And I personally don’t like them myself, and I don’t want to even be associated with those people. Yet on the other hand, we are not those kind of people. We care in everything that we do. We are large landlords, yes we are. But we care. But obviously there’s always going to be some complaints somewhere, especially when we’re the size of landlords that we are, of certain tenants.”

Horowitz said that the impression people may be getting of E&M from disgruntled tenants is incorrect.

“We’re all about transparency, we’re all about just, you know, getting the truth out and working together with everyone,” he said. “That’s all we’re trying to do.”

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Residents raise concerns with apartment management



Parking, heating, infestation of animals, plumbing and communication problems were some of the problems that 30 residents of the Bayview Gardens apartment complex on Bayview Ave. between Sheridan Boulevard and St. George Place in Inwood spoke about at a meeting at a private home, also in Inwood on Sept. 21. It was the third such meeting within the past year.

County Legislator Carrié Solages (D-Elmont) attended the meeting to learn about the residents’ concerns as well as mediate the proceedings as Daniel Goldstein, a principal of Brooklyn-based E&M Property Management, also attended the meeting. The company that took over managing the apartment complex last June.

“Many of these residents are hard-working people who are complaining about issues that show that they are facing a constructive eviction,” Solages said. “The landlord is doing things that is in essence is forcing them to leave.”

Residents said that in addition to the rent they pay for their apartment, E&M added charges for lighting and gas to their rent bills.

Brooklyn-based New York Communities for Change, an organization that strives to achieve social and economic justice for low and moderate-income communities of working families, also attended the meeting at Solages invitation. Representatives took notes and will review the residents concerns.

Delorise Robinson has lived in an apartment at 385 Bayview Ave. since the buildings opened in 1971. She brought with her to the meeting a hospital report stating that she contracted cellulitis from reaching into her toilet in an attempt to repair it since the management did not respond to her repair request in a timely fashion. “We can’t take a shower because the water comes down through the ceiling in the living room,” she said, of her recent plumbing issues within the last week.

Eric Robinson, 47, Delorise’s son who has lived in the apartments for his entire life, said people couldn’t afford it anymore. “He [Goldstein] wants us to pay for everything and that’s not what Section 8 is for, it’s to help the people that are less fortunate,” Eric added. Section 8 is a federal program that provides assistance to eligible low- and moderate-income families to rent housing in the private market.

In response to resident complaints, Goldstein, who lives in Lawrence and serves as a village trustee said: “This is your place to stay and don’t let anyone tell you any different.”

However, to the residents’ dismay, the property management company installed a gate on the side of the apartments near Sheridan Boulevard that restricts parking on the property to only tenants. But he plans to charge residents to park in the complex.

The St. George Place side of the complex is a public street, so E&M cannot install gate on that side, Goldstein said he spoke to the Town of Hempstead to acquire tags for the residents’ cars to allow them to park in the designated spots and put up tow away signs for anyone without a tag.

“Ever since they took over this place, it went downhill,” Doris Green, a resident for 45 years, said. She has seen three management companies since she has lived there, E&M being the third and “worst.”

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Irving Langer top spot on list of NYC’s worst landlords



The top 10 worst landlords are:
  • Eric Silverstein (356 units
    in 4 buildings with 1449 HPD violations)
  • Jeffrey Dunston (215 units
    in 14 buildings with 1195 HPD violations)
  • Debbie Vasquez (354 units
    in 9 buildings with 1174 HPD violations)
  • Bruce Haley (170 units in
    8 buildings with 995 HPD violations)
  • Thomas Steiner (250 units
    in 3 buildings with 850 HPD violations)
  • Avi Davies (244 units in 5
    buildings with 819 HPD violations)
  • Michael Lazaroff (112 units
    in 2 buildings with 778 HPD violations)
  • Abdul Khan (163 units in 7
    buildings with 679 HPD violations)
  • Jason Korn (178 units in 5
    buildings with 656 HPD violations)
  • Irving Langer (186 units in
    10 buildings with 627 HPD violations)
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Irving Langer paid supers $3.45 an hour: lawsuit


Real estate investor Irving Langer is accused of severely underpaying his building staff and housing them in dilapidated apartments.

Langer, who leads E&M Associates, is accused of paying superintendents at his buildings as little as $3.45 per hour, according to a lawsuit filed Monday in Manhattan Federal Court.

The two plaintiffs, who were allegedly required to work 80 hours a week, also said they were housed in unsatisfactory conditions, according to the lawsuit, the New York Post reported.

“No bathroom, no sink, no cabinets, no nothing,” one of them, Usvaldo Contrera, told the Post.

The plaintiffs are seeking back wages and overtime pay on behalf of more than 250 workers, their lawyer Marc Rapaport told the Post.

Langer’s firm owns a large portfolio of residential properties throughout the city, 147 buildings and nearly 6,000 units, according to Real Capital Analytics.

That number is in flux though. The firm just entered into contract, with partner Fairstead Capital, to sell their 47-building, 1,181-unit “Dawnay Day” portfolio to Isaac Kassirer for over $350 million

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Irving Langer’s E&M Associates sells Harlem apartment portfolio to Sugar Hill Capital for more than $250M


Irving Langer’s E&M Associates, one of the largest multifamily owners in the city, is selling another large portfolio of Harlem apartment buildings.

Sugar Hill Capital Partners bought the collection of buildings from E&M for more than $250 million, sources told The Real Deal.

The buildings are concentrated on the blocks just north of the northwest corner of Central Park, between Manhattan and St. Nicholas’ avenues.

“As a Harlem-based real estate company that integrates sustainability, preservation, design and the arts in historical properties, we feel a responsibility to our neighbors and the local community to steward these buildings with great care for years to come,” Jay Solomon, Sugar Hill’s chief creative officer, told TRD.

Nearly two dozen sales – valued at a few million dollars each – have started to hit public records over the past two days. Those that have been recorded so far for a combined value of more than $87 million. But sources familiar with the package said  it totals about 50 buildings valued more than $250 million.

The most expensive of the properties to show up in public records so far is the 24-unit building 120 West 112th Street, which traded for $8.2 million.

Sugar Hill declined to comment on the total size of the portfolio. Solomon said the company will bring to the portfolio its program that provides free or affordable studio workspace to local artists.

Representatives for E&M could not be immediately reached for comment. Steven Vegh of Westwood Realty Associates brokered the deal. He declined to comment.

Earlier this year, E&M sold a 21-building portfolio in Harlem to Isaac Kassirer for $85 million.

Further north in Manhattan, E&M earlier this year was looking to sell a nine-building portfolio in Washington Heights with an asking price between $200 million and $215 million.

Sugar Hill, meanwhile, has been relatively quiet on the acquisitions front as of late. In September, the company paid $5.6 million to buy a Crown Heights building at 932 Eastern Parkway, but it’s been some time since the firm purchased a large portfolio.

In March of last year, Sugar Hill paid $10 million to buy an Inwood building at 4848 Broadway from A&E Real Estate Holdings.

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Contractor sues developer over ‘leaning’ lower Manhattan condo tower



A contractor who worked on a lower Manhattan condo tower—which is now leaning slightly—is suing the project’s developer, accusing the firm of cutting corners to curb costs, according to court documents.

The 58-story tower at 161 Maiden Lane, also known as 1 Seaport, is leaning north by about three inches because the skyscraper’s foundation is defective, according to a March 22 lawsuit filed by the project’s contractor, Pizzarotti, in New York State Supreme Court. The suit was first reported by the Commercial Observer.

But a representative for Fortis Property Group, the project’s developer, points the finger at Pizzarotti for the leaning lower Manhattan tower, and says the contractor improperly poured a concrete slab and failed to account for the settling of the foundation. Pizzarotti is now in “panic mode” and filed the suit in a last-ditch effort to avoid damages, according to the Fortis spokesperson.

“This lawsuit is patently false from start to finish and nothing more than simple defamation and a desperate attempt by a failing general contractor to divert attention from the fact it defaulted on yet another New York City project,” said the spokesperson. “As a number of prominent New York City developers have learned the hard way over the past few years, Pizzarotti is simply incapable of buying out, managing and completing a construction project within contractually promised timelines.”

The lawsuit argues that while working with a separate contractor on the project, the developer, Fortis went against recommendations outlined in a 2014 geotechnical report to drive piles deep into the property’s foundation and instead went for the cheaper alternative of “soil improvement.” The suit claims “cost was FPG’s primary consideration.”

Once the soil improvement was completed, which was done before Pizzaotti was hired to oversee construction in December 2015, Pizzarotti poured a concrete mat slab atop the improved soil foundation. Work on the 670-foot tall structure progressed, but in April 2018, concrete subcontractor RC Structure reported “structural issues, unusual settlement up to three inches, and the building is leaning three inches to the north,” court records show.

Two months later, the subcontractor handling the non-structural curtain wall—an outer covering on the facade of the building—noticed that the frame already installed on the east side terrace was leaning “approximately two inches difference to the north from Floor 11 to 21” and that the building is now “exhibiting a bowing or curve in its verticality,” according to the complaint.

At the time the suit was filed, Pizzarotti said it had been unable to install the remaining curtain wall—the superstructure was completed in September 2018—because Fortis had not designed a new facade system to account for the leaning and argued, that as a matter of safety, work at the site should be halted with an injunction until the structural issues are fully understood and addressed, the legal filing states.

“In order to ensure the safety of workers, the public and adjoining property, and ultimately, the building occupants, not to mention the proper functioning of the curtainwall and elevator systems, the work on this project should not proceed any further,” states the suit.

Pizzarotti is looking to recover overrun costs, such as for labor, equipment, and construction, it says it incurred during work on the site—a multimillion-dollar figure. The European contractor says it notified Fortis that it planned to terminate the construction contract with the developer on March 1. Pizzarotti did not immediately return requests for comment.

The Fortis spokesperson acknowledged that the building has a "misalignment issue," but says recent surveys of the tower “reflect no further movement.” A new general contractor for the project, Ray Builders, is in the midst of installing a redesigned curtain wall on the tower. In the meantime, a pair of engineering firms have evaluated the project for safety concerns.

“As two of the top engineering firms in the world, Arup and WSP, have certified, there are no safety issues at the building and construction can continue immediately,” the spokesperson continued.

Fortis says Pizzarotti never terminated the contract and that it was the developer who sent a notice of default and termination on March 25—before they were aware of the suit, which wasn’t until March 28, according to the spokesperson. The termination was effective April 2.

“The fact that Pizzarotti has had more than 70 of its own employees and subcontractors working throughout the building over the past several months (including as recently as last week) substantiates Pizzarotti’s duplicity and underlying intent to defame the project,” said the spokesperson.

Fortis is preparing countersuits against the contractor to recover damages and for defamation. The spokesperson would not say when those claims will be filed.

The building has already suffered a series of setbacks. Construction was halted for a time after an employee, Juan Chonillo, with a former concrete subcontractor, SSC High Rise Construction, fell to his death from the project’s 29th floor. Officials said Chonillo was wearing a harness but that it wasn’t tethered to anything. SSC ultimately pleaded guilty to second-degree manslaughter in the case, and the company was replaced by RC Structure.

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Contractor Sues Fortis Over ‘Unsafe’ Leaning Condo Tower Near Seaport




A Financial District condominium tower is leaning, and the contractor on the project claims the developer is to blame.

The 670-foot-tall, 58-story apartment building under construction at 161 Maiden Lane is leaning three inches to the north, according to a lawsuit filed in New York State Supreme Court by the project’s contractor, Pizzarotti. An off-kilter foundation is affecting the building’s structural integrity, facade, waterproofing and elevators, the recent suit argues.

Developer Fortis Property Group, working with a previous general contractor, opted not to drive piles into the soft ground of the site by South Street Seaport on the East River before it laid the foundation because Fortis wanted to save money, the contractor claims in the suit. Instead, Pizarrotti alleges, Fortis decided to use a cheaper “soil improvement” method, which involves compacting and draining the damp earth to make it more stable.

The foundation work was done before Fortis hired Pizzarotti to oversee construction in December 2015. In April of 2018, RC Structures, the concrete subcontractor on the high-rise, reported that “there are structural issues, unusual settlement up to three inches, and the building is leaning three inches to the north,” per the complaint. Pizzarotti actually replaced the previous concrete company, SSC High Rise Construction, earlier that month, The Real Deal reported. One of SSC’s employees, Juan Chonillo, fell to his death from the 29th floor in October 2017, as DNAinfo and other outlets reported at the time. The concrete company ultimately pleaded guilty to manslaughter in the case, per TRD. SSC couldn’t be reached for comment.

Then in June of last year, the company handling the facade work said the curtain wall frame on the 21st floor was leaning two inches further east than on the 11th floor. Although the building’s superstructure was finished in September 2018, Pizzarotti hasn’t been able to install the curtain wall because Fortis hasn’t designed a new facade system that accommodates the leaning, the suit says. The building will continue to settle and move unless the problem in the foundation is fixed, the general contractor posits. Pizzarotti claims to be worried about the facade panels breaking off and falling, the elevator rails failing to remain vertical, waterproofing, corrosion and what might happen to the structure if it isn’t stabilized. As a result, the company says it notified Fortis that it would terminate the construction contract on March 1. The general contractor hopes to recover the cost of overruns that it spent on the development—which numbers in the tens of millions—and get an injunction preventing Fortis from proceeding with work unless it redesigns the building.

“This lawsuit is patently false from start to finish and nothing more than simple defamation and a desperate attempt by a failing general contractor to divert attention from the fact it defaulted on yet another New York City project,” a Fortis spokesman said in a statement provided to Commercial Observer. “As a number of prominent New York City developers have learned the hard way over the past few years, Pizzarotti is simply incapable of buying out, managing and completing a construction project within contractually promised timelines.”

Christopher Kinzel, the attorney for Pizzarotti, declined to comment on the suit, and representatives for the company couldn’t immediately be reached for comment. Fortis’ attorneys, Neal Eiseman and Michael Fleishman, didn’t immediately return a request for comment.

The Fortis spokesman acknowledged that the structure “had an alignment issue,” but said it doesn’t affect the safety of the building, as Pizzarotti claimed. The general contractor caused the leaning condition by failing to plan for the settling of the foundation while pouring the concrete slabs of the building, the spokesman shot back. He claimed that Fortis’ engineers had designed the foundation to account for “differential settlement,” which is when a foundation settles unevenly because of soil conditions.

Pizzarotti never terminated the contract and continued working on the development until this week, the Fortis representative said. The developer charges that by March 2018, Pizzarrotti’s work had caused more than 260 days of stop-work orders from the New York City Department of Buildings. In fact, the project spent 311 days under partial stop-work orders and 58 days under full stop-work orders, according to information provided by DOB spokespeople. As a result, Pizzarotti had already paid for $25 million in cost overruns, per the spokesman. Fortis has brought on a new general contractor, Ray Builders, to redesign the facade and resolve the “alignment issue.” The new firm started work today, and Fortis has officially ended its agreement with Pizzarotti. Ray has begun in stalling the revamped facade.

“As two of the top engineering firms in the world—Arup and WSP—have certified, there are no safety issues at the building and construction can continue immediately,” the Fortis spokesman said in remarks to Commercial Observer. “The fact that Pizzarotti has had more than 70 of its own employees and subcontractors working throughout the building over the past several months (including as recently as last week) substantiates Pizzarotti’s duplicity and underlying intent to defame the project. This is simply a matter of a slight redesign of the building’s curtain wall, which is already being worked on by our new general contractor, Ray Builders.”

Jacob Mermelstein, the CEO of Ray Builders, sided with Fortis on the leaning building. “[Pizzarotti] didn’t pour the slabs correctly so we have to accommodate for their poor construction practice in the installation of the curtain wall,” he said.

It’s not the first time Fortis has been sued by a contractor. ICS Builders and Fortis sued each other last summer over a contract dispute involving work at the Polhemus Building, a former Long Island College Hospital property that was being converted to condominium units, as CO reported at the time.

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Leaning Tower of Pizzarotti? Contractor sues Fortis over alignment issues at Seaport project


Fortis Property Group’s long-delayed Seaport condominium project has another problem on its hands – it is “leaning” three inches to the north.

Pizzarotti, the general contractor for the 58-story development at 161 Maiden Lane, says the developer is to blame, Commercial Observer reported.

In a lawsuit filed with New York County Supreme Court last month, the company alleges that foundation work done by a previous contractor, which used a cheaper “soil improvement” method to cut costs, is now causing problems with the building’s structural integrity, facade, waterproofing and elevators.

Fortis denies these allegations. “This lawsuit is patently false from start to finish and nothing more than simple defamation and a desperate attempt by a failing general contractor to divert attention from the fact it defaulted on yet another New York City project,” a Fortis spokesperson said in a statement to The Real Deal.

Though the contractor says it gave notice that it would terminate its construction contract on March 1, the developer claims Pizzarotti remained on site throughout the month of March, and that it was in fact Fortis that sent Pizzarotti a notice of termination last week, before it had even learned of the lawsuit.

“As two of the top engineering firms in the world, Arup and WSP, have certified, there are no safety issues at the building and construction can continue immediately,” the spokesperson said. “This is simply a matter of a slight redesign of the building’s curtain wall, which is already being installed by our new general contractor, Ray Builders.”

The Seaport tower was Italy-based Pizzarotti’s first luxury tower of this size in the United States, though the company is also partnering with Madison Equities on nearby 45 Broad Street.

The Seaport project has faced numerous delays, largely related to the pouring of concrete slabs for the floors, which Fortis says contributed to the alignment problems. Pizzarotti replaced the concrete subcontractor SCC Concrete last year, after a worker fell to his death from the 29th floor. Pizzarotti tapped RC Structures to take over concrete work, and that firm reported that there are “structural issues” causing the building to lean three inches to the north, according to the complaint.

Last summer, Fortis and another general contractor, ICS Builders, sued each other over a contract dispute involving the conversion of part of the Long Island College Hospital at 350 Henry Street in Cobble Hill.

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